Decatur Daily Democrat, Volume 52, Number 242, Decatur, Adams County, 14 October 1954 — Page 1

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Vol. Lil, No. 242.

. '. ; —; gi ijw, . . Fight The Chicago Area Flood With Sandbags W.* i ' P.l!gw: ? - RlMter H w> e «. >_, ■ ■ l< J • ** •■'ffigL HBHT I ■ R ImL K " ISiR * ■ .< JfSt* > «■■■■■»*-- . IN FLOODED Calumet City. 111, near Chicago, National Guardsmen and- civilians fight the Littlo Calumet river overflow -with eandbags. ’ ■ ’ *■' " L ’ ■ ■•■■" ■’ ,r; '•■’ tf ' l • n - 0 ' L ■'• *'" ■ ■■ ,rl( Irl ’ ~y,.

High Court To Review Ruling On Red Leader Review Decision Freeing Pittsburgh Communist Leader WASHINGTON (INS)-The Supreme Court agreed today to review a decision that treed Pittsburgh Cowmunrtet leader Steve Nel.con and has threatened to ate aside all elate aediiUn law*. The Peuneytyanto e u p rem® court held Hint the Smith act has given the federal government exclusive jurisdiction over sedition. Twenty-Jive state* having sedition lawn joined tn asking, the supreme court to overthrow the ruling. Nelson, long one of the leading Ccmmuniwt figures in the country, was fined 110.000 and sentenced to 20 years in prison in 1952 on 12 charges of violating the Pennsylvania sedition law I>y advocating overthrow of the government by force. The same conduct is a federal offense under the Smith act. The state court held that Nelson ehpuld have been tried under the federal law. In ite order on the Nelson case, the supreme court invited the justice department to file a brief outlining the views of the federal government on the question of conflict between the two laws. The supreme court's action was in the form of a brief order placing the Nelson case on the docket for hearings during the current tertn. The 24 states joining Pennsylvania in the appeal have filed arguments as "friends of the court." While an agreement to review does not indicate what the high court's verdict will be. it is the first step toward obtaining a higher decision and avoids any possibility that th elower court will be summarily upheld. In other actions 1 today the court agreed to hear a case testing conetitutionality of ‘'quickie" divorces in such places as Ueno, Nev,, and the Virgin Islands. Refused to hear an appeal by Robert O. Thompson, one of the 11 top Communist leaders convicted in 1949. froirr an additional fouryear sentence given him for contempt. Thomson drew the additional sentence after he jumped Bail and hid out for two years. He was apprehended in a disguise and under an alias last year in an isolated section of the Sierra Nevada mountains in California. Agreed to review the government's seven-year-old suit charging K. I. DuPont De Nemours and Co. with conspiracy to monopolize the "cellophane” industry. A Delaware district court dismissed the charge, finding that DuPont's dominance in cellophane resulted from "technical ekill and competitive activity" rather than "predatory assertion -of monopoly power." In effect upheld a New Jersey decision that distribution of the New Testament in the public schools violates the conetltutlon. hy showing a preference for one religion over another. The court refused to review the (Continued on Pare Six) 12 PAGES

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DECATUR DAILY DEMOCRAT 1 * ONLY DAILY NEWSPAPER IN ADAMS COUNTY

Judge Takes Matter Under Advisement Arguments Heard In Suits On City Ruling was delayed on the demurrers and pleas in abatement in the four complaints for damages filed against the city of Decatur as a result of operation of the diesel power plant. After an hour and a half hear- . ing this morning in the Adams . county circuit court. Judge Myles . Parrish took the matter under ad- > visement tor further study. ‘ City attorney Robert Andrbson rppreseqtfajg. the defendants in the » pane, explained more fully the plea ( in abatement which claims that ' in omitting time and date of the alleged damage and in not serving notices on all defendants, the ? plaintiffs did not give proper notice as required by law. I He pointed out several instances where judicial rulings have in1 sisted that in filing a case against a municipal body, notices must be served within 60 days giving the date as well as the nature and extent of damages. The plaintiffs in the cases are Alvy Buffenbarger and wife, Jerome Gaskill and wife, Joseph E. Kitson and wife and Emil Bienz and wife. Atty. Oliver Eggers of Fort Wayne is representing these plaintiffs. Eggers this morning elaborated on the plaintiffs' demurrer to th® plea in abatement. The plaintiffs claim that it is legally impossible to set forth exact times and dates since it is a continuing nuisance and that the words “past, present and future" are sufficient. They further claim that they have complied with the law by serving the notice to the city in the person of the mayor and that it Is not necessary to give notice to all of the defendants named in their official capacities with the city of Decatur. Both lawyers cited several caees to support their arguments. None of the plaintiffs or defendants themselves were present at the hearing today. brief of his arguments was filed by attorney Anderson at the end of the hearing. Judge Parrish requested a similar brief from the plaintiffs' counsel within 10 days. Reports Anti-Red Riot In Germany ' BERLIN (INS > —An anti-Com-munist riot has been reported in the Soviet zone of Germany by a j traverler just returned to West Berlin from the city of Dresden.■ The Informant said the riot took place Wednesday afternoon in Dresden when a crowd at a Com-, inunist party election rally fought police to prevent them from arresting persons who heckled the Red speakers. Eisenhower Observes Birthday Quietly Denver unis) —president eisenhower olwerved his 64th birthday quietly today as he made preparations to end his elght-week. work-and-ptay vacation in Colorado. Mr. lEtaenhower planned to celebrate Ms birthday with a round of golf, and a quiet party given by a few old friends. The presidentjw|H depart Denver Friday and return to his official desk in the nation’s capital.

Attorneys For Lattimore Ask Move Rejected Term Demand From Government Lawyer As "Scandalous" WASHINGTON (INS) —Defense attorneys asked Federal Judge Luther W. Youngdahl to reject what they called a “scandalous” justice department demand that he disqualify toimaalf frotwthe Owes Lattimore perjury ease on grounds of personal bias. Lattimore's lawyers asked the judge to condemn the department’s action as a “reckless undertaking*' and an attempt to “manipulate the administration of justice." The request that Youngdahl disqualify himself was filed for the department Wednesday in an affidavit signed by U. S. attorney Leo Rover, chief prosecutor in the case. His sworn statement charged that Youngdahl exhibited "fixed personal prejudice and bias” when he threw out the bulk of the original perjury indictment against Lattimore,- and that this would prevent a fair trial on a new indictment returned earlier this month. Lattimore’s attorneys replied today with a motion asking Youngdahl not to disqualify himself but instead to “admonish” Rover. They declared: ‘The precedent created by the filing of this affidavit is dangerous. The U. S. attorney should be admonished so that never again will the department of justice have the temerity publicly to attack a judge because it disagrees with his rulings.” They charged that the Rover affidavit was both unprecedented and “scandalous,” designed to “shake the confidence of the public in one of the most distinguished judges on the district bench." The motion was signed by attorneys Joseph C. O'Mahoney. Democratic candidate for the senate from Wyoming; former assistant attorney general and judge Thurman Arnold, and their two law partners, Abe Fortas and Paul Porter. Lattimore, now on leave without pay from Johns Hopkins university, pleaded not guilty Tuesday to a new two-count indictment stemming from bis testimony in 1952 before the senate internal security subcommittee. He was charged in the second grand jury indictment of falsely denying be was a follower of the,Communist Party line and a promoter of Communist interests. An earlier indictment was rejected in part by Youngdahl, whose key ruling was upheld by the U.S. appeals court. The trial o>i the new indictment has been tentatively set for January in Youngdahl'* court. The accusations against the Jur(Coatlaara oa Page His) INDIANA WEATHER Mostly cloudy and turning much cooler tonight Scattered ehowera east portion this evening. Friday pertly cloudy and muoh cooler. Low tonight 43-4 S northwest end 4S-M southeast. High Friday 58-65.

Decatur, Indiana, Thursday, October 14, 1954.

• * ——■—— — Hurricane Hazel Heads For North Carolina As Deadly Winds Increase —— J ; :

Trieste Pad Endorsed By | Soviet Union Soviet Reversal Os Policy Is Surprise To United Nations UNITED NATIONS, N.Y. (INS) 'Russia’s surprise endorsement of the Trieste agreement cheered UN diplomats today but raised speculation over the motives behind the sudden Soviet “about face" on the eight-year-old deadlock. Soviet delegate Andrei Vishineky said Wednesday night the agreement would promote “normal relations" between Italy and Yugoslavia and “thus contribute towards a relaxation of tension in that part of Europe." Vishinsky noted in a letter to the security council that the ac- ' cord was reached in London “as a result of the between the two countries add “is 1 acceptable" to. both of theme He declared: “The Soviet government- ttAres cognittnce of the above-mentioned agreement.". ' Previously Vishinsky had argued in the security council that any agreement on Trieste concluded outside the UN would be illegal, since it must have the sanction of the world body. Western diplomats speculated that the Soviet had decided it best “to go along" with the Trieste accord rather than maintain fruitless opposition to it. Also, it was felt, Russia endorsement of the agreement would improve the Kremlin’s diplomatic position in that world area. In any event, it was said, the Soviet reversal would help remove one sore-spot from the global situation. Russia’s attitude also is awaited in thb political committee on a western proposal for private eastwest talks on the deadlock over nuclear arms controls. Early Vote Favors Wednesday Opening Some Os Retailers Protest Vote Here With 67.27 percent of the vote in from retail merchant members of the Chamber of Commerce, the vote is 21-16 in favor of remaining open on Wednesday night, it was reported today. However, several members of the retail division have protested the vote, retail chairman Cliff Brewer stated, so a committee of five will examine the ballots tomorrow morning at 10 a m. in the Chamber office to decide which ballots should not be counted. Some objections had been Raised because certain businesses which remain open in the evening anyway were allowed to vote, Brewer said. Also, it i* possible that the committee might decide to contact the merchants who did not return their ballots in time. Ballots were mailed to 55 members of. the retail division of the Chamber. Os these, 37 were returned. Brewer announced that Bill Gau, Dick Ehinger, John Halterman, Kenneth Shannon, and Robert Lane would go over the ballots tomorrow, and decide which should not be counted, and If additional votes should be awaited. The main street was a hotbed of discussion this morning, as chain storea and some small businessmen favored staying open until 8 or 9 o’clock Wednesday night, while most small business men, one or two chain stores, and the large chain groceries opposed the (CoattaMe® Oa Page Sis)

Name Selected For Community Center Decatur Youth And Community Center » The name: Decatur Youth & Community Center, was selected by the directors of the Decatur Memorial Foundation. Inc., for the new $250.000 recreation building under construction east of the Monroe street river bridge. The directors met last night at the First State bank and after discussion of all possible names and ’ combinations thereof for the civic center, a motion by Charles D. Ehinger, seconded by Mayor John ,M. Doan, to name it Decatur Youth & Community Center, unanimously carried. C. I. Fialayson of the building committee, notified the architect iu New York today of the board’s selection. A metal sign with bronse letters will be placed above the unain entrance to the building. On a recent inspection of the building, the. architect’s representative t -stated that the name of the center “Would be designed tn letters six * Inches high. The board agreed that first ernphsals staftl® be ow the youth center, as a greater portion of the building will be devoted to youth activities and programs. Charles Ehinger, chairman of a committee for the employment of a manager of the building, reported communications from Ray Bogden. Muncie, state manager of Boys Clubs and field representative for the Ell Lilly Foundation,’ Indianapolis. The committee is planning interviews with several men engaged in this type of work. Carl Pumphrey, honorary president of the Foundation and Miss Frances Dugan, newly elected director, attended last night's meeting. Reports oy Mrs. Roy Kalver, secretary, and T. F. Graliker. treasurer, were given. Approximately $52,000 worth of construction has been completed on. the building by Yost Construction Co., general contractors, the treasurer reported. Brick for the walls is scheduled here Oct. 20 and the contractors hope to have the building enclosed before cold weather arrives. The interior work will be carried on during the Winter months. (Fill-in around the building and on the site was discussed and arrangements were left in the hands of the building committee and , Mayor Doan. Bag Service Over Top In Fund Drive Company, Employes Donate 100 Percent Bag Service, Inc., and its 62 employee made Hie first touch- < down in the Community Fund drive, it was reported today by “ Newell \Vright, chairman of the industrial <ll vision. On a payroil deduction plan and In cash tihe 02 employes dontrtlmted , $381.50, an average of almost $6.20 per person and about $1.20 more than the suggested quota for sac- i tory employes. , The conupafny contributed an additional SIOO to the fund, boost- , Ing the total to $481.50. Wright reported that there was 100 percent participation by Bag Service employes In the drive. He stated "it is She finest example ’ of wtiat cgn be done when manage- , meat and employes go all-out to put over a community project." Solicitors in the current com- , rnunlty drive report good progress , in the canvass to raise $11,665 . that financea youth recreation programs and activities, the Boy and Girl Scouts and oorpiblnes appeals for several national drives. r Wright also state that this was , the first year that Bag Service , had established the payroll deduction plan.

Secy. Wilson Apologizes For Labor Remark Public Apology By Defense Head Over Bird Dog Remark WASHINGTON (INS)— Top Republican leaders hoped fervently today that a public apology by defense secretary Charles E. Wilson over bls controversial "bird-dog” statement would clear the political storm raging around the cabinet member’s head. But Democratic campaign strategists indicated they would continue to bear down hard on Wilson’s remarks? about unemployment despite his backtracking speech before a SIOO-a-plate fund-raising GOP dinner in Chicago Wednesday night. In Apologizing, however, Wilson told some 1,700 persons at the banquet that his statement was distorted by “left-wingers” who made what he termed a "vicious interpretation” and “phony political charges." The secretary declared: .‘TH match my labor record with anyone in this nation — and that goes, for partisan politician®, labor leaders or anyone else.” The original controversy flared at a Detroit news conference, when Wilson was asked about unemployment, and replied he preferred "bird dogsf’ who got out to search for food to “kennel dogs" who sit back and yelp to be fed. At the political rally, Wileon conceded: "I admit I made a mistake, an unfortunate mistake, by bringing up those bird dogs at the same time ' I was talking about people ... I am sorry I made inept , (CaatlaneS On P«q«- Rtaht) Sheppard Attorney Seeks Trial Delay Charges Prejudice Against Physician iCTJEVELAiNiD (INIS) —(Defense counsel William Corrigan, in a surprise move, appealed to common pleas Judge Edward Bly thin today to postpone the first degree murder trial of Dr. Samuel Sheppard until the "prejudicial effects” ■wear off. The veteran criminal lawyer made the plea in one of two motions filed ibefore Judge Blythln, the other being .his expected request that th trial (be moved out of Cuyahoga county on grounds that an impartial jury could not 'be selected in the county. Judge (Blythln did not say which motion would be ruled on first, but averted that a heavy court schedule this week precludes any action on his pari before (Monday, ■when the trial is scheduled to begin. (Corrigan previously said he will call “20 or 30" witnesses to support his request for a change of venue, indicating that there may be a delay in the start of the accused osteopath’s trial. Corrigan asked Judge Blythin to continue the start of the trial for a “reasonable time to let prejudicial effects of the nationwide publicity wear off so Dr. Sheppard can he tried free of hostile atmosphere and the public preconception of the defendant's guilt.” County prosecutor John J. Mahon, who will present the state's case against the SQ-yenr-old suburban Bay Village neurosurgeon, said he would fight any defense attempt to delay the trial. The poesiblltty of a delay in the start of the trial arose earlier when Corrigan announced that he plans to call 20 or 30 witnesses to support his contention that an impartial jury could not be select(Contloued on Page Five).

Democrats Growing Confident Os Win Wilson Incident, Victory in Alaska WASHINGTON. (IJJS) — Democrats rode a crest df political optimism today as their campaign “break’’ on the Wilson Incident was followed by am 'election victory in Alaska and a jibe at the GOP from Republican Sen. Joseph . R. McCarthy. , Sen. John J. Sparkman (D-Ala.) . Democratic vice-presidential nomk inee in 1952, said his party is mow • ‘‘almost bound” to win the house . and has an "excellent chance to . gain the senate.” He and other Democrats hailed . the Democratic eweep in Alaska’s , territorial elections as further in- ( dieation that their party will win . the Nov. 2 congressional elections. Rep. Michael J. Kirwan (D- --. Ohio) Democratic campaign chair- ’ man Ln the house, eaid it now appeared the Democrats would have j 19 of the 24 Aleekan legislative . seats—instead of the four they held after 1952. , Kirwan noted that composition of the Alaskan house traditionally follows the trend of the national congreeional elections. . GOP jiatroual chairman Lqomud W. Hall immediately challenged the f congressmen’s conclusion*. Hall declared that the "issues” in 1 the Alaskan campaign had "noth- , ing to do” with the congressional races. Republicans, meanwhile, were , busy trying to patch up the pollti- , cal damage of defense secretary . Charles E. Wilson's ‘‘■bird dogkermel dog” statement. McCarthy L added hie own briefly dissident voice, to the uproar. r The Wisconsin nepunncan, fresh * out of Bethesda naval hospital, f told newsmen the Eisenhower t farm program bee caused the GOP to "slip quite badly" in the campaign. And. he added that if he lived in New Jersey he would stay away fom the polls rather than vote for former Rep. Clifford P. Case, Republican nominee for the senate. Award Contract FoF Supersonic Bomber Navy Secretary's Warning Pondered WASHINGTON (INS) — The air force -was moving today into production of faster-than-sound bomb- . era and airmen pondered a warning from navy secretary Charles S. Thomas that Russia already has supersonic planes able to deliver an A-bomb. Air force secretary Harold E. Talbott announced' that a contract for initial production of the first U. S. supersonic bomber, the B-58 “Huetier,” has been awarded to Consolidated Vultee'e Fort Worth. Tex., plant. Meanwhile, Thoma® cast doubt on whether the U. S. actually would be first Ln the world to .achieve the supersonic bomber. In a Philadelphia speech, Thomas said that Ruwsit "hue atomic weapons and aircraft faster than the ■speed of sound with “which to deliver them." ” Talbott, announced that a total of one billion, 200 million dollars in orders have been placed since 1 July 1. for expanding and improv- ' ing the notion's power in the air. The orders include one to Lock- 1 heed at Burbank. Calif., for another faeterthaneound jet fighter, the F-104. It will be the fourth — 1 the air force has the F-100 In use, 1 and the McDonnell F-l Oil “Voodoo" ‘ and the Oonvalr F-102 are on order. The F-103, expected to be the faeteet of all, is in the develop- 1 went stage. The new supersonic bomber, which may take several years to ■ produce, is expected to replace the B-47 medium jet bomber capable < (Continued on Page Five)

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Storm Center Moves Toward North Carolina •r- “ a 200 Reported Dead In Haiti And 350 Persons Injured MIAMI (INS)—Hurricane Hazel, leaving hundreds dead in Haiti, barreled toward the Sforth Carolina coast today at a forward speed of 23 miles per hour and its deadly winds increasing in strength.— The Miami weather bureau said the tropical storm’s strongest winds had jumped to 130 miles an hour at the center by 11 am. EST. The center was expected to reach Cape Hatteras, N. C., late tonight. Warnings were hoisted on the North Carolina capes and northeast stortn warnings elsewhere from the Virginia capes to Charleston, S. C. (Forecasters said: . Vindications are for continued acceleration Ln forward movement for the. next 24 hours to about SO-35 miles pW hour and this Increase will bring the center in Cape Hatteras, N. C., late tonight.", Unofficial reports put the storm toll in Haiti at 200 dead and 350 injured. Winds up to 115 mph that struck the Caribbean island Increased after the storm swept again into the open sea, skirted the Bahamas and swung back toward the north-north-west on a course nearly identical to that followed by two earlier hurricanes' — Carol and Edua. At 11 a.m. EST., the hurricane was centered about 300 miles east Os Palm Beech, Fla., or at latitude ... 26.5 north, longitude 75.4 west A heavy rain drenched Miami and Florida’s lower east coast today, as Hazel sped off shore. The Miami weather bureau said in its 11 a.m. advisory: "Winds will be increasing during the day and tonight on the Virginia and Carolina coasts as the center approaches. Small craft from central IForida northward should remain in port until the hurricane passes. “Interests on the Virginia coast should remain on the alert for possible hurricane warnings later today." Hurricane winds —of 75 mph or more—extended 80 miles to the north of center and 40 miles to the south. Gales stretched about 175 miles to the north and east and 75 miles to the south and west. Supplies Shipped Info State Prison Termed Body Blow To Guards' Strike MICHIGAN CITY, Ind. Movement by freight train of supplies into the Indiana state prison at Michigan City was called a back-breaking blow to the strike of guards at the institution today. <Some 250 tons of coal and a boxcar of steel had been setting outside the prison because the Railroad Brotherhoods had promised the International Guards Union they would observe a picket line at the institution. But warden J. Ellis Overlade ■aid that the freight cars were moved into the prison late Wednesday by New York Central supervisory personnel. He said the action “washes out” efforts of the newly formed union to prevent supplies from entering the prison. The freight movement wae accompanied by what looked for a while like a "do or die" effort by one of the pickets, who planted (Continued on Page Six)