Decatur Daily Democrat, Volume 56, Number 229, Decatur, Adams County, 29 September 1958 — Page 1

Vol. LVI. No. 229.

gwiHr 1 a |V • jyf ■ - ’ |aM| -dWffw lw| t WMhZ- < HURRICANE RIPS THE CAROLINAS— A tire sign at a garage near a restaurant hangs dangerously over the side walk in Myrtle Beach, S C., as high winds accompanying Hurricane Helene lash the Carolinas. Property damage is estimated in the millions.

France Voles Out Republic By Landslide New Constitution Framed By de Gaulle Winner By Landslide. PARIS (UPI)— France has voted its shaky Fourth Republic out of existence by a four-to-one landslide that makes Premier Charles de Gaulle the nation's undisputed “strong man.’’ Returns from Sunday's referendum showed the constitution drafted by De Gaulle for a Fifth Republic had been approved 17.666,828 to 4,624,475 —a majority 10 per cent greater than even the most ardent Gaullists had expected. The only report of a negative vote came from the French West African colony of Guinea, where the expected “no" majority was in effect a declaration of independence. De Gaulle told African colonials they could have their freedom — if they were willing to give up French aid. Ignore "Threats In Algeria, the principal trouble spot in French Africa, the constitution was approved by a majority of nearly 98 per cent, with a vote of 2,023.069 to 56,392. Despite guerrilla threats of retaliation against Arabs who voted, only about 17 per cent of the voters stayed away from the polls. The new constitution will give the president of the Fifth Republic — virtually certain to be De Gaulle himself — greater powers than any Frenchman since Napoleon. Although the new republic probably will not come into being until about Jan. 1, the constitution confers immediate emergency rowers on the premier, including the right to decide how Frenchmen wai vote in the parliamentary election expected in November. Officials Jubilant De Gaulle is expected to scrap the proportional representation system that has given splinter parties so much influence in favor of the system of simple pluralities used in the United States and Britain. Paris newspapers hailed the premier’s victory today with such adjectives as “massive” and “crushing." Officials of his government were jubilant. “The extent of this victory is unique in French history,” said Information Minister Jacques Soustelle. “For the free world, and particularly for the Uhited States, this shows we are a nation which has found itself and can once again assert itself.” Jaterior Minister Emile Pelletier, who organized the security precautions that protected the voters against violence, said the victory was “an act of faith by the French people.” Defeat For Reds Pelletier said the constitution will be proclaimed formally Sunday. However, the Fifth Republic will not officially come into being until a parliament and a president have been elected, a process which is expected to take about two months. De Gaulle is scheduled to fly Thursday to Algeria, where he* (Continued on page five)-

DECATUR DAILY DEMOCRAT

State Dept. Worker Assailed By Nixon Charges Sabotage Os Dulles* Policy WASHINGTON (UPD—The State Department declined to say today what action if any it would take against an official accused by Vice President Richard M. Nixon of trying to “sabotage" the administration’s Far East policy. Nixon said Saturday he was “shocked” that an unnamed State Department “subordinate” had told the New York Times the mail to the department overwhelmingly was opposed to the administration’s decision to defend the offshore islands of Quemoy and Matsu. The vice president said the official had made a “patent and deliberate effort” to “undercut the secretary of state and sabotage his policy.” He left the impression he thought someone in the department who opposed Secretary of State John Foster Dulles’ policy deliberately had leaked the information to newsmen. Sen. Joseph C. O'Mahoney (DWyo.) called for a full airing of Nixion’s charges. O’Mahoney, a critic of the administration's Far East policy, said the country was "entitled to a complete exposure of the vice president’s allegations.” Sen. Joseph S. Clark (D-Pa.) another critic of the Quemoy policy, defended the State Department aide. Clark said the public was “entitled to know how others In the nation feel about the Formosa policy." He said Nixon was “off base again.” “It appears, then, from the figures released, the American people are a lot smarter than Mr. Dulles,” Clark said. “I am frightened that if Mr. Dulles is left to his own devices, he will get us into a useless war.” Dulles said Sunday he did not consider as “too significant" the letters opposing his policy. Olio L. Gilgen Dies Al Vera Cruz Home Funeral Services To Be Wednesday Otto L. Gilgen, 82-year-old retired farmer, died at 1:15 o’clock Sunday afternoon at his home at Vera Cruz, following a heart attack. He was married'in 1909 to Sarah Hoffman, who preceded him in death in 1946. Mr. Gilgen was a member of the St. John’s Evangelical and Reformed church at Vera Cruz. Surviving are one daughter, Mrs. Edgar Kiess of Decatur; a son, Marion Gilgen of Vera Cruz; 10 grandchildren; nine greatgrandchildren, and two sisters, Mrs. Josephine DeWitt of Detroit, Mich., and Mrs. Caroline Sovine of Allen, Mich. One son preceded him in death. Funeral services will be held at 2 p.m. Wednesday at the Goodwin funeral home in Bluffton, with the Rev. Louis Minsterman officiating. Burial will be in the Vera Cruz cemetery. Friends may call at the funeral home after 7 o’clock this evening.

Chiang Rules Ouf Cease Fire With Red China Expect Communist War-Peace Stand Within Few Days TAIPEI <UPI) — President Chiang Kai-shek today ruled out a cease fire for Quemoy, and it appeared the Chinese Communists would deliver their war-or-peace stand by Wednesday, the Communists' national day. Communist Preimer Chou En-lai set the stage for such a declaration Sunday night when he declared the United States faced “disaster” if it did not stop its “war provocar tions” in the Formosa Strait. Ru£ J sia echoed the pronouncement. Many observers felt the dateconscious Chinese Communists would choose Oct. 1, the 10th anniversary of the founding of the Red republic, for important military action or a key declaration. Thus far the Communists have not fully made known their intentions. Chiang, at one of his rare press conferences, said the Nationalists reserved the right to bomb the > mainland if Quemoy is threatened c seriously. He said the action would E be’ carried out with or without * American support but expressed 1 conviction the United States would e support him. < Nike Unit Coming . Chiang* said Nationalist China ‘ would make no concessions at Warsaw or the United Nations and said “Quemoy is not a pawn for international bargaining.” He said Que- t moy had endured five weeks of. J bombardment but would not endure , it forever. j “When the crucial time comes," he said, “there are no restrictions ( on our taking the right of self de- j sense and bombing bases on the , mainland." He said the National- ( ists hoped for aerial and naval support they are now receiving t from the United States “plus mor- , al and material support.” j There were these other major < developments: —The U.S. Army disclosed in Washington that a U.S. Nike-Her- i cules missile battalion is en route ; by sea to Formosa. Launching f sites already are under construe- j tion by an advance unit. The missile is used to defend against ene- 1 my planes. 1 Reds Place New Guns ‘ —The chief civilian administra- I tor of Little Quemoy Island crossed the dangerous two-mile stretch < of water to Big Quemoy and report- E ed food supplies on hand for only . 25 days. He said Red artillery had 1 sunk the fishing fleet there and * made farming impossible. (Continued on page five) I t Community Fund Is < Aid To Boy Scouts > Fund Campaign To Start Next Monday i The Boy Scouts is one of the many organizations that is sup- . ported through the contributions to the Decatur Community Fund I that will start its drive October 6, Dave Mooore, chairman, annuonced today. The boys engaged in scouting are taught to be self reliant, and are taught to meet the many chailenges they will face in the futurd years. Scouting is set up on three phases. Boy Scouts, Cub Scouts, < and Explorer Scouts. The boys participating in these programs j are put in the same age groups for different scouting programs. , The program is based on physical • fittness, self reliance, attitude, and , willingness to share with others. The Cub Scouts, ages 8-10, are taught nature lore, collections, ‘ hobbies, etc. j The Boy Scouts, ages 11-13, take part in the outdoor program. They are taught first aid enabling them j to meet emergency situations, and to be level headed if such things should arise. The Explorer Scouts, 14 and older, learn three phases, outdoor, social and vocational. The scout troops that will benefit from the $2,650 that will be given to the scouts are: Troop 61, scoutmaster, Henry Commanger; 62, Kenny Jennings; 63, Bob Raudenbush; 65, Harold Hitchcock: Exnlorer troop, 7062, Dr. Melvin Weisman; Cub Scout troop, 3061, Maurice Teeple; 3062, Dr. John B. Spaulding; and 3063, (cubmaster still needed). INDIANA WEATHER Mostly sunny and warmer throughout the state this afternoon. Partly cloudy and mild Tuesday. Low tonight In low 50s. High Tuesday in 70s.

ONLY DAILY NKWBPAFRR IN ADAMS COUNT!

Decatur, Indiana, Monday, September, 29, 1958

Supreme Court Scores Violation Os Rights Os Negroes In South

Little Rock's Boardleases High Schools Lease Four Schools To Corporation As Segregated Schools LITTLE ROCK, Ark. <UPI) — The Little Rock School Board today leased the city’s four high schools, closed four weeks in the integration crisis, to a corporation for operation as private segregated schools. Members of the board and School Supt. Virgil T. Blossom doubted, however, that the schools can be put into operation before Wednesday. The corporation managed to get the lease signed before the National Association for the Advancement of Colored People could ask a Federal Appeals Court to stop it. , The lease said the rental value of the schools—Central High, Hall High, Little Rock Tech and Horace Mann (Negro)—cannot be accurately determined now. “The rental value shall be determined at the end of each school year by three aribtrators,” the lease said. “It shall not be less than SIO,OOO a year.” Hear Injunction Plea It was the first larjge-scale attempt actually to evade the U.S. Supreme Court’s integration degree by turning public schools into private schools. The Department of Justice contends that the public school plan, which the governor sponsored in Arkansas, is merely a dodge and promised to fight it. Two judges of the Eighth U.S. Circuit Court of Appeals are scheduled to hear in Omaha, Neb., today an NAACP petition for an injunction to stop the school transfer. 7716 hearing starts at 10 a.m., c.s.t. (12 noon, e.d.t.). In Washington, the U.S Supreme Court meets at noon, ed.t., to \ spell out in a formal opinion why it refused to grant a delay in school integration at Little Rock. The opinion could have farreaching importance if it goes beyond Little Rock and explains what the court meant three years (Continued on page five)

Harry Stulls Dies Here Early Sunday Former Fire Chief Dies Early Sunday Harry L. Stults, 58, of 622 Cleveland street, well known Decatur resident and a former chief of the city’s fire department, died at 3 o'clock Sunday morning at the Adams county memorial hospital. He had been in failing health from complications for the past two years. Mr. Stults was a member of the volunteer fire department, a former General Electric Co. employe, and was employed by the city engineer’s department until ill health forced his retirement. He was born at Wren, 0., Feb. 17, 1900, a son of Alva Lee and Carrie Stults. His family operated the Stults Grocery in Decatur for many years. He was married to Mary Aurand July 31, 1920. Mr. Stults was a member of the First Presbyterian church, the Masonic and Red Men’s lodges, Scottish Rite, Shrine and Order of Eastern Star. Surviving in addition to his wife are one son, Robert E. Stults of Warner Pobins, Ga.; two grandchildren, and two brothers, John B. Stults and George W. Stults, both of Decatur. One son, one daughter and one sister are deceased. Funeral services will be conducted at 2 p.m. Tuesday at the Gillig & Doan funeral home, the Rev. Harold J. Bond officiating. Burial will be in the Decatur cemetery. Friends mav call at the funeral home until time of the services.

General Persons Is Adams' Successor Named Assistant To The President WASHINGTON (VPD-The redistribution of authority at the White House today led politicians of both parties to take a new look at the role of President Eisenhower himself. Maj. Gen. Wilton B. Persons . (USA Ret.) was named during the week end to succeed Sherman Adams as Hie Assistant to the President. Persons, a 62-year-old Alabamian, is a veteran specialist in executive liaison with Congress. He was No. 2 man to Adams from the start of this administration. Adams, now arranging the "orderly transition” of White House duties, resigned a week ago because of political repercussions from his relations with Bernard Goldfine, the Boston textile millionaire facing federal grand jury action on a contempt of Congress charge. Administration insiders forecast little or no change in Eisenhower policy and practice as a result of the former New Hampshire governor's departure. In fact they saw a strong chance the President might concern himself more actively with administration problems formerly handled by Adams. Such an expectation, however, seemed to avoid the fact Eisenhower will be 68 years old next month- In his remaining two yeaffi in office there migyt be an increase in the frequency and duration of periocs away from his desk encouraged by his doctor, family and staff. Because Persons does not have the political experience Adams brought to the White House, the change in “chief of staff” might result in more direct influence on Elsenhower's political decisions by such Dgople as Vice President Richard M. Nixon, GOP National Chairman Meade Alcorn, White House Press Secretary James C. (Continued on page five) Court To Operate On Standard Time Strict Compliance With Law Ordered “The Adams circuit court will again operate on standard time after September 28, being the last Sunday in September, in strict compliance with the 1957 acts of the general assembly of the state of Indiana,” Judge Myles F. Parrish said today. “The clocks of the Adams circuit court will be turned back one hour and the ’ regular business hours of the court will be observed, without a so-called adjustment 1 of the business hours to avoid, obstruct, or evade the clear intentions of the 1957 legislature. This court will not evade or circumvent 1 the law by turning the clocks back in a phantom gesture of legal obedience, and then by innuendo adjust the working hours to in truth and in fact, keep the same time which the legislature intendl ed to forbid." "It is not exemplary for the courts to approve or endorse a dubious method of evading the I law, because the supreme court of the United States has said, ‘if ' a man intentionally adopts certain conduct in certain circum- ' stances he intentionally breaks the ■ law in the only sense in which the law ever considered intent'. “Although is was extremely inconvenient for this court and its : officers to adhere strictly to the ’ 1957 time law last year, neverthe- • less inconvenience or adverse peri sonal opinion is no excuse, or cause to violate any law, no mat- ' ter how unpopular it may be. If the majority of the people do not approve of this law, the place to attack it, or change the law is ■ in the Legislature and have it re- : pealed, rather than to wholly disregard it, but until the law is repealed, the Adams circuit court ■ will obey both the letter and the spirit of it, there is no alternative.”

Huge Cleanup Job Faced In North Carolina Hurricane Inflicts Immense Damage To Property On Coast WILMINGTON, N.C. (UPD— North Carolina coastal residents faced a giant cleanup job today in the wake of Helene, a hit-and-run hurricane now churning away in the North Atlantic. Helene delivered a roundhouse blow to a wide stretch of the Carolina coast Saturday, then spun back out to sea. The Washington Weather Bureau said the storm was still dangerous and warned shipping to exercise extreme caution. In its advisory issued at midnight, e.d.t., the Weather Bureau placed Helen's center at about 400 statute miles east-southeast on Nantucket, or near, Latitude 39.8 North, Longitude 62.6 West. It was reported moving toward the eastnortheast at about 32 miles per hour. _ The storm was rapidly losing hurricane characteristics, the Weather Bureau said, but highest winds were estimated at about 110 mijes an hour near the center and gale force winds extended over a radius of 350 miles. A sister storm, lisa, was reported thrashing harmlessly northward 265 miles from Bermuda. Weathermen at Miami said it posed no threat to the American mainland or any other land area. Helene’s rapid passage across the Carolina coast inflicted an estimated $6,827,000 damage on stores, homes, streets and ulities. It banged on with winds up to 135 miles an hour, but residents were warned well in advance and there was no loss of life. . nere were indications damage estimates might be revised upward, since property owners had not made close appraisals. The Red Cross said about 5,000 persons displaced by the storm were being fed 1 and cared for in shelters. Law enforcement agencies moved in quickly to guard (Continued on page five) Heart Attack Fatal To Edwin F. O'Brien Former Manager Os Decatur Gas Office Edwin F. (Pat) O’Brien, 62, former well known Decatur resident, died suddenly of a heart attack at 3:30 o’clock Sunday afternoon at his home, 1416 Getz road. Fort Wayne. > Mr. O'Brien served for a number of years as manager of the Decatur office of the Northern Indiana Public Service Co., leaving Decatur about 20 years ago. He also served as commander of Adams Post 43, American Legion, while a resident of Decatur. He had been employed in the maintainance department of the General Electric Co. in Fort Wayne for several years. He was born in Bluffton June 20, 1896, a son of John and Margaret Scott O'Brien, and was married Nov. 18, 1920. Mr. O’Brien was a member of the St. Joseph Catholic church in Fort Wayne and its Holy Name Society. Surviving in addition to his wife, Maurine, are one daughter, Mrs. Joan Fridley of Fort Wayne, and four grandchildren; Two brothers and one sister preceeded him in death.r The body was brought to the Gillig & Doan funeral home in this city, where friends may call after 4 o'clock this afternoon. The body will be taken to Mungovan & Sons funeral home in Fort Wayne, where friends may call after 12 noon Tuesday. Services will be conducted at 9 a.m. Wednesday at the St. Joseph Catholic church in Fort Wayne, with burial in the Fort Wayne Catholic cemetary.

Al Least 15 Killed In Indiana Traffic September Toll In State Is Over 100 United Press International Indiana traffic claimed at least 15 lives during the weekend and September went down in the books as the worst month of 1958 for fatalities. It was the fourth weekend in a row in which th*e death toll reached or exceeded 15 during a 54-hour period, an average of almost one every three hours. The September toll passed the 100 mark. Multiple-fatality accidents again sent the total skyrocketing. Three persons were killed in each of two accidents, and another crash killed two. Eight deaths occurred Sunday and seven Saturday. Sunday’s fatal crashes included: Edith Sutton, 19, Holly, Mich., and Florence Dippold, 23, and Dan Phillips, 24, both of Hinsdale, 111., were killed in Hammond when their tiny foreign car was rammed by a westbound Baltimore & Ohio freight train. Authorities said the accident was “senseless” because flasher signals were operating at the crossing. Lois Bray, 21, Lebanon, was injured critically. The girls were student nurses. Authorities said the couples were returning from Emmanuel Missionary College, Berrien Springs, Mich. Ohio Couple Killed Frank G. Barber, 64, and his wife, Sheela, Dayton, Ohio, were killed when their car collided with another head-on on U.S. 36 six miles east of Rockville. The driver of the other car, Ronald R. Chichos, 25, Rockville, was hospitalized. Robert* Nelson, 50, Greensfork, was killed when his cat ran off a Wayne County road two miles north of Centerville and smashed into a culvert. Barbara Goble, 32, Flatrock, was killed Sunday night at a tvontinned on page five) Parents Os County Couple Die Sunday Mrs. L. R. Bowers, George Bobay Die Mrs. Louise R. Bowers, 71, of near New Haven, mother of Edward Bowers of near Decatur, died at 7:45 p.m. Sunday at the Parkview memorial hospital, and George F. Bobay, 64, father of Mrs. Bowers, died unexpectedly Sunday night at his home in Fort Wayne. Mrs. Bowers had been a patient at Parkview for seven days. She was a member of St. Louis Catholic church at Besancon, and its Rosary society. Surviving to *he son Edward are five other sons, Bernard of Fort Wayne, Elmer of Monroeville, and Herman, Francis and Merlin, all of New Haven; five daughters, Mrs. Norman Sarrazine and Mrs. Clarence Trabel of Monroeville, Mrs. John Schnelker and Mrs. Hubert Sorg of New Haven, and Mrs. John Shoulders of Fort Wayne; one sister, Mrs. Clara Gerardot of Monroeville, and 41 grandchildren. Funeral services will be held at 8:30 a.m., Wednesday at the E. Harper & Sons funeral home, Monroeville, and at 9 a.m. at St. Louis Louis church, the Rev. Andrew Mathieu officiating. Burial will be in the church cemetery. Mr. Bobay, a Fruehauf Trailer company employe, died unexpect- } edly at 11:30 p.m. at his home. He was a member of St. Jude’s Catholic church. Surviving are the wife, Clara E.; two sons, Marshall Bobay of Fort Wayne, and Robert Bobay of Sturgis, Mich.; four daughters, Mrs. Bowers, Mrs. Louis Kline of New Haven, Mrs. Norman Sipe of New Haven, and Mrs. Nelson Minnick of Fort Wayne, and 23 grandchildren. The body was removed to the D. O. McComb & Sons funeral : home. Funeral arrangements have not been completed.

Al Least 15 Killed

Negro Pupils' Rights Upheld By High Court Formal Opinion By Court On Rejecting Integration Delay WASHINGTON (UPD—The Supreme Court said today that the constitutional rights of Negro pupils cannot be “sacHficed or yielded to the violence and disorder" which have occurred in Arkansas. The tribunal's views were set forth in a formal opinion following up its Sept. 12 decision unanimously rejecting a plea by the Little Rock School Board to delay further school integration. Chief Justice Earl Warren read the court s formal opinion to a sparsely filled court room. The session ended the special August term of court to consider whether the Little Rock School Board could delay integration at Central High School for 2Mt years. Calls Principles “Plain” "One may well sympathize with the position of the board in the face of the frustrating conditions which have confronted it,” the opinion said. “But, regardless of the board’s good faith, the actions of the other state agencies responsible for those conditions compel us to reject the board’s legal position.” "The controlling legal principles are plain,” the opinion said. "The command of the 14th Amendment is that no ‘state’ shall deny to any person within its jurisdiction the equal protection of the laws.” "A state acts by its legislative, its executive or its judicial authorities. It can act in no other way. The constitutional provision, therefore, must mean that no agency of the state, or of the offices or agents by whom its powers are exerted, shall deny to any person within its jurisdiction the equal protection of the laws. "Whoever, by virtue of public position under a state government denies or takes away the equal protection of the laws, violates the constitutional inhibition; and as he acts in the name and for the state, and is clothed with the state’s power, his act is that of the state. This must be so of the ' constitutional prohibitidn has no meaning.” Cite 14th Amendment This elaboration of what a state may not do was quoted from an ' opinion of the court delivered many years ago. Warren cited se v era 1 cases, from both the Supreme Court and the circuit courts; for this follow* ■ ing statement: "Thus the prohibitions of the 145th Amendment extend to all action of the state denying equal protection of the laws, whatever the agency of the state taking the action.” ~ i “In short,” Warren said, “the constitutional rights of children not to be discriminated against in school admission on grounds of race or color declared by ths court in the Brown case can neither be nullified openly and directly by state legislators or state executive or judicial officers, nor nullified indirectly by them through evasive schemes for segregation whether attempted ‘ingeniously or ingenuously.’ ” The Brown case was the one which resulted in the Supreme Court’s historic 1954 decision declaring that segregation in public schools is unconstitutonal. (Oor.tfnjed on page five)

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