Decatur Daily Democrat, Volume 57, Number 118, Decatur, Adams County, 19 May 1959 — Page 4

PAGE FOUR

DECATUR DAILY DEMOCRAT Published Every Evening Except Sunday By THE DECATUR DEMOCRAT CO., INC. Entered at the Decatur, Ind., Post Office as Second Class Dick D. Heller. Jr es^ eo ! Chas. Holthouse Secretary-Treasurer Subseriptforf Rates: By Mail in Adams and Adjoining Counties: One year, $8.00; Six moi ths, $4 25 ; 3 months, $2.25. By Mail, beyond Adams and Adjoining Counties: One year, * $9.00; 6 months, $4.75; 3 months, $2.50. By Carrier, 30c cents per week. Single copies, 6 cents. Symbolism Indiana Republicans certainly could not use the rooster as their official symbol, and not just because it is already the symbol of the Democratic party—let’s face it. They have nothing to crow about. Republicans could excuse the Klu Klux Klan governor, McCray, Branch, and Jackson—one a drunkard, one a convicted criminal, and the third pleading the statute of limitations to avoid prosecution. That was ’way back in the 1920’5. And they can excuse the iniquities of the Craig administration, (which has not yet been brought to justice by the Republican judges). After all, it wasn’t Craig, it was just the men around him. But the Republicans have shot up all their ammunition. Claims that the Democratic party is dominated by corrupt labor bosses has been shown up as a farce —only Republican labor bosses have been indicted in the labor scandals. Charges that the Republican administrations have been more businesslike, with less waste, are likewise fabricated. The figures show that Democratic administrations have been far more businesslike. -' But now comes the greatest shock of all. The great leaders of the Grand Old Party are apparently in collusion in one of the big land deals of the twentieth century. Led by ex-Senator William E. Jenner, a close friend of Gov. Handley, who has backed the deep-water port, they are buying up all the land around the port, as a speculative deal. .. | It is not the fact that any one man in particular has formed the company that makes it appear questionable. It is the fact that so many leaders of the party in power are involved that sooner or later the question of “approaching friends” in the administration is bound to arrive. It looks like the very beginning of another Craig type toll road deal. The people of Indiana will loose, the politicians whom they trusted will gain. ;• The people of Indiana must realize that they must pay close attention, day after day, to the administration of their own business, the running of the state. When they surrender for one minute their interest, it is soon usurped by others who want to make a profit. Democracy, as a form of government, works only when the people closely follow their own government. Be interested in civic affairs. Have you ever even at- , tended a city council meeting? There is one this evening at 8 p.m. at the city hall, if you are interested. City business is everyone’s business. Why not see, it firsthan* - Then -you’ll know if . 4 he-newspaper. is doing As well as can be expected in mirroring the happenings in Decatur.

WANE-TV Channel 15 TUESDAY Evenln* 6:oo—Amos & Andy 6:30 —News at 6:30 6:4s—iDoug Edwards-Newa 7 :00—■Hbtpotat Playhouse 7 :30—I Love Lucy 8:00—-Science Fiction Theatre 8:30—To Tell the Truth 9:oo—Peck's Bad Girl 9:3 o—l Led Skelton 10:00—-Garry Moore 11:00— Pittsburgh WEDNESDAY Mornlaac 7:oo—Sunrise Semester 7:3o—Fepenmint Theatre 7:4s—Willy Wonderful 8:00—CBS News B:ls—Captain Kangaroo 9:oo—Qur Miss Brooks 9:3o'—Star and the Story rO:30 —Breakfast in Fort Wayne 10:30 —Sam Luvenson 11:O0 —I Love Lucy 11:30—To® Dollar a ftrmooM 12:00 —Love Os Life 12:30—Search For Tomorrow - 12:45—Guiding Light I:oo—■Woman's Page I:2s— News I:3o—As The World Turn* 2:oo—Jimmy Dean Show 2:3o—ißooseparty 3:00—dBlg Pay-Off 3:3o—Verdict la Youra 4:oo—Brighter Day 4:15—-Secret Storm 4:3o—Edge Os Night 6:oo—Dance Date Events* _ 6:oo—Amos & Andy 6:3o—News at 6:30 6:45—-Doug Edwards-Newa 7:oo—Sea. Hunt” 1 . 7:30 —Special AgeM 7— , B:oo—Keep Talking •: 30—Trackdown 9:oo—Millionaire 9:3o—l've Got A Secret 10:00—U.S. Steel Hour .11:00—Crash Drive WKJG-TV Channel 33 TUESDAY Evrnia* 6?oo—Gatesway to Sports 6:ls—News, Jack Gray 6:2s—The Weatherman 6:3o—Dragnet 7:oo—Steve Canyon 7:30 —/The Jimmie Rodgers Show 1:00 —The Californians 3:30-—Bob Cummings 3:oo—David Niven - 3:30 —Rescue 8 „ - r 10:30—News and Weather 10:45—Sports Today 10:50—The Jack Paar Show WEDNESDAY . Classroom

PROGRAMS

Central Daylight Time 7.oo—Today 9:00 —Dough Re Mi 9:3o—Treasure Hunt 10:00—The Price Is Right 10:30—Concentration AP* 1 11:00—Tic Tac Dough 11:30—It Could Be You Afternoon 12:00—News and Weather 12:15—Farms and Farming 12:30—Yesterday's Newsreel 112:45—Editor’s Desk 12:55—Faith To Live By I:oo—Queen For A Day I:3o—Haggis Baggis 2:oo—Young Dr. Malone 2:3o—From These Hoots 3:00 —Truth of Consequences 3:3o—Romper Room 4:00t-I Married Joan 4 :30—Bozo S:4S—NBC News Evening 6:00 —Gatesway To Sports 6:ls—News Jack Gray 6:2s—The Weatherman 6:3o—Wagon Train 7:3o—The Price Is Right B:oo—Kraft Music Hail 8:30 —Bat Masterson 9:oo—This Is Your Life 9:3o—Death Valley Days 10:00—Border Patrol 10:30 —News and Weather ' — 10:45—Sports Today 10:50—The Jack Paar Show WPTA-TV Channel 21 TUESDAY Evening 6:oo—Fun *N Stuff 7:ls—Tom Atkina Reporting 7:3o—Cheyenne B:3o—'Wyatt Karp 9:oo—Rifleman 9:3o—State Trooper 10:00—Alcoa Presents 10:30 —Wrestling 11:00—Mr. D. A. WEDNESDAY Morning 10:00 —Mom's Morning Movln 11:80 —Big Rascals Afternoon <l2:oo—George Hamilton IV 12:80—Pantomine Quiz I:oo—Music Bingo I:3o—Susie 2:oo—Day In Court 2:3o—Gale Storm 3:00—Boat the Clock B:3o—Who Do You Trust 4:oo—American Bdhdstartd s:oo—American Bandstand s:3o—Mickey Mouse Club Evening 6:oo—Fun ‘N Stuff 7:ls—Tom Atkins 'Reporting 7:3o—Lawrence Welk »ho< B:3o—Ozzie and Harriet 2. 9:oo—Fights 9:4s—Sports Desk t 10:00—Donna Reed 10:45—Sports Desk 10:30—Suspicion 12-00—I Spy

Transcript In Death Ruling Is Received

“In the eyes of the law, the board of public works of Decatur knows how to run its police force, and as long as it acts within the law the courts must keep their hands off,” Judge John W. Macy, special judge in the case of Dale Death vs the city of Decatur, for reinstatement on the Decatur police force, ruled last Friday. The court decided that the city acted within the law in dismissing Death from the police force. The written 12-page transcript was received by the local attorneys Monday, and released to the press today. The case was tried jn Portland by special judge Macy, of Winchester. Copies of the record were delivered to the local counsels in Portland on Saturday; the city’s local counsel called city attorney John De Voss Saturday morning with the news that the city’s ruling had been upheld. Robert S. Anderson, local counsel for Death, stated that as yet no decision had been reached on whether Death would ask for a rehearing by May 25. If a rehearing is refused, the case could be appealed within 90 days to a higher court. Reasoning Explained “In cases of this sort the court must review the record to determine if it is procedurally correct and if there is any evidence of any probative value to sustain the decision of the board, and must review all additional evidence taken at the trial to determine if the board’s decision was tainted with fraud, capriciousness or illegality. The charges against the officer must bear a reasonable relation to his fitness or capacity to serve as a policeman . . .” May ruled. “Under the terms of the statute, 48-8105, every police officer is entitled to hold his office until he is removed by the board of public works and safety. He may be removed for any cause other than politics after a written notice is served upon him of the time and place of hearing, and after an opportunity of a hearing is given, if demanded, and the written reasons for such removal shall be entered upon the records of the board . . Judge Macy» then listed the infractions for which a board may dismiss an officer, including the three given by the Decatur board. He continued, "Once wfe realize that whenever the board finds an officer guilty of any of the above infractions it can dismiss him, then we see why the courts hold that when the officer appeals from such a dismissal the duty of the court becomes a simple one, to gee that if he demanded a hearing he was granted and given a fair hearing, and that there was some evidence to sustain the action of the board, and that the proceeding was not in any way fraudulent.

Action Legal "t.do -not :see..-..how, it could. be seriously contended that the proceeding was’in any way fraudulent, capricious, or illegal. Death was arrested by Officer Seitz on the evening of Nov. 1, 1957, in the Standard Market of Decatur. He had had some kind of accident in which a woman had been hit. Officer Seitz characterized his conduct in brief thus: ‘When he came out of the store he staggered over towards me . . . he kept leaning back and forth ... he had difficulty in standing up straight . . . there was a strong odor of intoxicating beverage and he said, "It's all my fault, there is no question about it.” Officer Seitz then went about trying to interview some witnesses and when he came back to Death's car Death was inside the car with his head on the steering wheel, apparently asleep. "His answers to questions propounded to him by Seitz were meaningless, as shown on page 3 of the transcript. He was intoxicated. Seitz took Death to the police station; there he was observed and interrogated by Chief Borders for more than an hour, who also says he was intoxicated. Arrest Made “Seita arrested Death for public intoxication and he was locked up. The next morning he was released to go to his home and instructed to return to the mayor’s court on the charge of public intoxication. His regular turn of duty would have commenced at 11 o clock on the night of November 1. Borders says that on November 2, Death appeared in city court, pleaded guilty to public intoxication, was fined $5 and costs, and given ten days in jail suspended. Charges were prepared on Nov. 2 and taken by the mayor to Lake Tippecanoe, where Borders had gone in the meantime, and where he signed the charges. Notice of hearing was issued by the secretary or clerk of the board of public works and safety. The notice and a copy of the charges were both served on Death the evening of Nov. 2. The hearing was set for Nov. 7. Na Fraud Shown

“At the trial of this case it was intimated that there was something fraudulent or illegal about the proceedings up to that point, but I am unable to find evidence or any fair inference from the evidence to sustain such an intima-

TO DECATUR DAILT DEMOCRAT, —CATOB, INDIANA

tion, which after all is at the most a suspicion.” Concerning the record of the board, which Death claimed had been tampered with, Judge Macy "ruled that there was no evidence that anyone but the secretary of the board had had possession of the notebook, and that even if the words, “Let the record show” eta. were inserted after the hearing, if was not evidence of illegality which would affect the judgment and decision of the board on the evidence then before it. Judge Macy then ruled that the charges did bear a reasonable relationship to the fitness of a police officer for his job. At the time at hearing Death stood convicted, a fact which the later ruling of the circuit court could not change. If that had been the only charge, Judge Macy said, the court would have ruled that Death be reinstated. But it was not. Conduct Unbecoming Judge Macy continued that in view of decision in other jurisdictions, there being none in Indiana law bearing- directly on the question of conduct unbecoming to an officer, that personal habits, language and associations are matters that reflect credit or discredit on the police force. Judge Macy also ruled that the facts of the case, Fort Wayne vs Bishop, did not pertain to the Death case. The evidence showed that Death’s hearing was completely fair, and that neither the defendant nor his attorney objected to the procedure during the hearing. Irregularities become important only if they prevent a fair trial, he continued. The judge explained that he ruled out all of Dick Burdg’s testimony, and gave the legal' reasons. He listed all the evidence objected to, and its exclusion or inclusion. Most of the actual rulings in the circuit court case of Death's appeal in the criminal caSe were excluded. Personal Feelings Judge Macy continued that while he personally felt that if he had been a member of the board of public works at Decatur, he would have voted for a less severe penalty, “it tempts the court to do what he considers to be justice, and that is the very thing the statute and the decisions of the higher court say he must not do, until and unless he finds that the board’s decision was tainted with fraud.

Announcing the Opening Today of . . THE HAIRCUT CENTER 212 S. Second St. (Across From Bus Depot) Harold Worthman Wendell Beer PHONE 3-2958

save, mm aMW NOW ONLY j F PER GALLON BOWERS Hardware 236 W. MONROE STREET PHONE 3-2021 FREE PARKING FOR OUR CUSTOMERS ON EAST SIDE OF BUILDING -Pittsburgh’Paints

Jolly Juniors The Preble Jolly Juniors 4-H club met May 6 at the Magley school, with Darlene Fawbush presiding. The next meeting of the club will be May 25 at 7 p.m. in the school. Sharon Reinhard and Susan Briner led the pledges and Ruth Ann Hoffman led the group singing. Roll call was answered with each member naming her favorite song. Connie and Denny Reinking led the group recreation with Karen •Beiberich. Ruth Ann Beery and Helen Reppert showed how to make a simple salad, and Miss Hoffman and Nancy Conrad dem-: onstrated on handicraft. Merry Maids The Monmouth Merry Maids met at the Monmouth school May 11, with Cynthia Boerger showing the proper way to answer a telephone and other good manners. Mike Carr and Kay Stevens led the pledges while Betsy and Sally Schnepf led the group in singing. Joyce Shrouss showed the importance of basting, while reasons for failure in baking were given by Linda King, Pam Nightlinger, Donna Zehr, Bonnie Caston, Karen Schiefer stein, Sheila Caston, Mary Alberding, Kayleen Auman, Helen Mockemeyer, Angela Boerger, Sue Fuelling, Renee Hobrock, Mary Gerke, and Sheryl Boerger. Kay Butler and Barbara Roe led the recreation for the evening, while refreshments were served by Jan Frantz, Cythia Fuelling, Jan Fuelling, Karen Fuelling and Kristine Fuelling. The roll call was answered with the names of each member’s favorite movie star. capriciousness or illegality.” He then cited two cases proving this point, and continued, “What has been'said in this regard is no criticism of the board; it, and not the court, is charged with operating the police department of Decatur, and what the court's view of the justice or injustice of its decision in this matter might be, is of no consequence, except as the court must administer justice within the framework of the law. In the eyes of the law, the board of public works of Decatur knows how to run its police force, and as long as it acts within the law the courts must keep their hands off.” The court then found for the defendant, and decided that the board of public works should be in all things confirmed. The cost of the complaint was assessed against the plaintiff, Death.

Murphy Co. Planning Expansion Os Store The G. C. Murphy company, of 165 N. Second street, announced today the purchase of the Dugan building, formerly occupied by the Why clothing store. The building will be used by the Murphy company for expansion of products, and for modernizing purposes. It is not known when remodeling will begin, or when the building will be completed. The Dugan building was purchased by the Mack Realty company, a subsiderary of G. C. Murphy company, of McKeesport, Pa. Fort Wayne Man Held For Vehicle Thefts FORT WAYNE, Ind. (UPD—A young Fort Wayne man, who admitted driving stolen cars for the past 3Vz years, was in Allen County Jail today on charges of vehicle taking. Held in lieu of $5,000 bond is Robert A. Beggs, 25. State police Det. Sgt. Jack Nye said Beggs admitted stealing a new car from a Columbia City dealer in Jan. 1956 and driving it until December of last year. The car was found abandoned at Huntington. In the meantime, said Nye, Beggs took another new car from a Fort Wayne dealer in the Spring of 1957. During the summer he drove it to Tekonsha, Mich., and towed back another automobile. Nye said Beggs confessed stealing all three automobiles, and explained that he escaped detection by using dealers plates for driving. Two of the cars were found in front of Begg’s home, both polished and in good condition. Cherry Relish To make cherry relish use four cups seeded cherries, one cup raisins, three cups sugar, onefourth teaspoon cinnamon, onefourth teaspoon cloves, two tablespoons lemon juice. Mix these ingredients and boil twenty minutes. Stir frequently.

Now...high octane and other gas-savers give Bonus Miles What you need for top mileage—Standard’s got it! Built-in gas-savers give you Bonus Miles from every fill of Standard Gasolines • High octane stops gas-wasting knock • A corrosion inhibitor helps keep carburetors at highmileage efficiency • Cleaner combustion keeps your engine freer of carbon • And Gold Crown rejuvenates most fouled spark plugs, saves fuel. For thriftier, worry-free driving, fill up with Gold Crown Super-Premium or new Red Crown King-Size Regular. Drive in at your Standard Dealer today, - won’t you? (standard) ■ wbf / v ' A vo' 1 MYOU XL, A, TMVtI \ 7 iff jAStUSj] t /'"jUf./ / A hl t _ _ I \/ | Ih'.v '**’*sl I You ggpfict more/irwn K. z j \ J Standard...and you get it! \- ififl —A-— “ARE YOU BETWEEN-14 AND M?" The booklet ~ shown here—packed with pro driving tip*—it yourt I . FREE at any Standard Oil Dealer’a. WALTS STANDARD SERVICE U.S. 27 and 33 Phone 3-4188 A. G. BURKE’S STANDARD SERVICE FIVE POINTS < PHONE 3-3810 ii .i — D. & T. STANDARD SERVICE OPEN 24 HOURS 13th & Monroe PHONE 3-2516

Plan Summer Cruise On St. Lawrence A by-product of the new St. Lawrence seaway, which opened to ocean traffic recently, will be a summer cruise for Decautr area residents August 22-31. The 10-day trip will include eight days aboard the S.S. Richelieu, the deluxe cruiser of the Canadian steamship lines. Sponsored by the Allen county home demonstration clubs and chorus, the trip on the St. Lawrence and Saguenay rivers will dock at the fascinating ports of Montreal, Quebec, Murray Bay, Chicoutimi and Toronto. The group will leave Fort Wayne Saturday evening, August 22, on the Wabash railroad to Detroit Then, on to Montreal by special coaches of the Canadian Pacific railroad. After sightseeing in Montreal, the travelers will board ship for the eight-day cruise, arriving back in Fort Wayne, Monday morning, August 31. The price of the trip is all inclusive. Railroad and steamship fares, all food, tips, baggage transfer, and sightseeing costs will be included. For further details, write or call Mrs. Monroe Gerig, Woodburn (phone Harlan 2198), or Mrs. Lee Crowell, 403 W. Masterson, Fort Wayne, (phone H-67185). Reservations must be placed by June 10, accompanied by a $lO down payment Descriptive folders may also be obtained from either of the women mentioned above. wo— —-o 20 Years Ago Today 0 — 0 May 19, 1939—Baccalaureate services for the 90 seniors of the Decatur high school will be held Sunday evening, with the Rev. James A. Weber, pastor of the First United Brethren church, as the speaker. Testing of Adams county dairy herds for tuberculosis is scheduled to start Monday. Mrs. Jerome Meyer was hostess tq her bridge club fast evening. Frederic Schafer has returned from a business trip to Lansing,

TUESDAY, MAY 19. 1989

Mich. Elmer Nussbaum and Le*>y Schwarts, county and district champions in 4-H club demonstrations, presented their winning display at the Decatur Rotary club meeting. ’ The Decatur high school tennis team concluded its regular season with its 12th victory without a defeat by downing Fort Wayne North Side. COURT NEWS Divorce Cases A complaint for divorce has been filed in the Adams circuit court by Muriel Ann Bowen against Allen Wayne Bowen. A verified petition seeking allowances pending the divorce action and for attorney fees was filed by the plaintiff. An affidavit for a restraining order was tdso filed by the plaintiff and approved by the court. A petition showing inability to comply with a former court order and for modification of support order was filed in the case of Edna May Uhrick vs Clarence L. Uhrick. Complaint Case On a motion by the plaintiff, the case of Monroeville Cooperative Equity Union Exchange, Inc., vs L. R. Miller, was continued and re-set for trial May 25 at 1:30 p. m. Estate Cases In the estate of Theodore Heuer, an amended schedule to determine the inheritance tax with reference to the county assessor was filed. The inheritance tax appraiser’s report was fijed showing the net value of the estate to be $67,441.90, and that there is tax due in the total sum of $3,255.95. A pettioh. to redeem stock was filed in the estate of Frank George Steele. A petition to expand funds was also filed. A notice was ordered issued to the sheriff of Adams county for the Adams county welfare department upon hearing of the petition to expend funds, and returnable May 25 at 1:30 p. m. The inheritance tax appraiser’s report was filed in the estate of William Bollenbacher, showing the total value of transfers subject to tax at $16,866.15. A notice was ordered issued returnable June 9.