Decatur Daily Democrat, Volume 61, Number 140, Decatur, Adams County, 14 June 1963 — Page 8

PAGE EIGHT

STATE SALES (Continued from Page One) pretations of validity. “Born In Confusion” Niblack said the tax law inacted in the dying moments of the special session in April was “conceived in confusion and drawn in desperation and haste.” "It is no wonder it went awry,” he said,. “The court finds there is no doubt but that the legislature has the power to write a valid sales tax and specify therein the exact amount of tax and specify the exemptions,” Niblack ruled. "However, in this instance, this was not done. "The act makes an undue, unlawful and unconstitutional delegation of legislative authority to the executive branch of the State of Indiana in the matter of attemping to assess the gross retail tax as set out therein.” Niblack referred specifically to delegation of authority to the State | “Revenue Department to set the | brackets for the tax. The depar-, ment set the starting point for col-i lecting the first penny of the tax at 25 cents and the second penny i at 75 cents. Niblack said the executive' branch of the government appar- i ently was granted the power to fix the starting point at anywhere from 15 to 75 cents. Subject to Whim “The difference between starting a tax at 15 cent purchases and those at 75 cents is left to the executive and would be subject to change at the whim of the executive,” Niblack said. “The j difference to the taxpayer would be enormous. The standards set, out or attempted to be set out are neither clear, definite nor reasonable.” Niblack said the act also violates the constitutional require-: ment that it “be drawn in plain ' and simple language." "Though the court has had some courses in comparative ] philology, constitutional law and i statutory construction, has served , three sessions in the State Senate and 22 years on the bench, he is ] unable to fathom the meaning of I this act.” Niblack said. He cited the vagueness of the wording of the section referring to brackets and said the meaning of a section setting up exemptions I for farmers and other persons “is JEHOVAH'S WITNESSES KINGDOM HALL Corner Monroe and Ninth Sunday 3:00 p.m.: “Why Do Children Turn Delinquent?” will be the subject of a public Bble lecture to be given by P. Vance, a visiting minister from the Marion, Indiana congregation. Sunday 4.15 p.m.: Watchtower' study and discussion on the subject, “Using Theocratic Assets.” One of the scripture texts for con- ' sideration will be Prov. 3:9, “Hon- ' or Jehovah with your valuable things.” Tuesday 8:00 p.m.: Area studies m Bible aid, “Let Your Name • Be Sanctified.” Friday 7:30 p.m.: Theocratic Ministry School followed by the Kingdom Service Meeting. AU meetings are open to the public.

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impossible to decipher.” “The court would guess it was garbled in the process of amendment,” Niblack said. “Government By Fiat” He said there was an undue delegation of power to the executive branch to issue exemption cortifwaUs for spocifiod types or categories of purchases. “This remarkable provision would establish government by fiat and favoritism of men and I not of law and is repugnant to our form of government,” said Niblack. He said the law also was unconstitutional because it requires merchants to collect the tax without receiving compensation for their time and services. Welsh was in New Orleans at the time the ruling was issued. His aides quickly reached him by telephone and informed him of the decision. They quoted Welsh as saying he would return to Indiana within hours and confer immedi-1 ately with Atty. Gen. Edwin K. ; Steers. They said he had no further. comment. .* —Da Has—Sells, —president of the union organization which filed the suit, said "I'm- very happy with the decision.” Six Local Firemen Attend Convention Six members of the Decatur fire department will attend the Indiana volunteer firemen's association convention at Angola today and Saturday, fire chief Cedric Fisher said today. Attending in addition to chief] Fisher will be Maurice Colchin, Dutch Baker, Dick Girod, Francis] Jameson and Russell Baumgartner. , Baumgartner attended Thursday’s session for an officers’ meeting. The local firemen have entered the water-ball and hose-laying contests, which they have won or; placed high in in recent years.

i Stale Traffic Toll Mounting Sharply By United Press International Two cars collided in heavy fog on U.S. 50 near Bedford today, killing a Jasper woman and raisI ing Indiana's traffic fatality toll I for the year to at least 509 compared with 470 a year ago. Suzanne Jane Kress, 25, Jasper, died of head injuries in the crash two miles east of Bedford. She was riding in a car driven by Patricia L. Evankamp, 32, Jasper, which collided with a car driven by Donald I, Rude, 42, Washington, D.C. Authorities said Rude passed a slower car and ran off the road on the left side. The car swerved back into the proper lane, then swerved again into the wrong lane into the path of the Evankamp car. Both drivers were injured along with Fred Rude, 17, Hyattsville, Md., and Janet Rude, 15, and Tommy Corcoran, 12, Seebrook, Md. The injured were taken to Dunn Memorial Hospital in Bedford. Previously, the number of multi-ple-fatality accidents in Indiana reached eight in the last six days. William Munroe. 68, Jacksonville, Fla., a circus sideshow performer, died from injuries suffered Monday night in a car-truck collision which killed Warren Ramsey, 40, New Whiteland, on U.S. 31 just north of Greenwood. Carl D. Litherland, 28. Indianapolis, was killed and Robert E. Haley, Indianapolis, died later from injuries suffered in the collision of a station wagon and truck at a capital city street intersection Thursday night. Harvey C. Andrews, 56, Indianapolis, driver of the truck, was unhurt. Earl Maddox, Indianapolis, who with Litherland were riding in Haley's station wagon, was injured critically. Lithbrland was free on bond on a reckless homicide charge in the traffic death of a 2-year-old boy killed by his car on March 30. Police said the station wagon went through a red light at the intersection; — It was the secona double-fatality accident of the day. Two little children were killed in the morning near Goshen.

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. Three Taken To , State Penal Farm Three Decatur men were taken ! to the state penal farm at Putnamville this morning by dupty , sheriff Harold August. Richard Kiser, 25, N. Second St. resident; Harold Hirschy, 22, 222 ! N. Fourth St.; and Stanley Prater, 38, a resident of Niblick St., were taken to the penal farm to serve . 90-day sentences each. ’ The- three were sentenced by . city court Judge John B. Stults Monday morning to serve 90 days at the penal farm on a charge of petit larceny, concerning the theft i of half a beef, valued at appro- ■ I ximately $125, from the H. P. ! Schmitt Packing Co. | Both Kiser and Hirschy were | employed at the packing company, I and Prater was a part-time employe. In addition to the sentence eaach was fined SSO and costs, a “total of $67.“ No trial date has been set for a fourth Decatur resiident, Salvador Romero, 34 . 921 N. Tenth .St.., who is also involved in the case. Romero has been charged with receiving stolen goods, as he purchased the meat from the three named above.

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THE DECATUR DAILY DEMOCRAT, DECATUR, INDIANA

SOMETHIN’S COOKlN’— Members of the pioneer camp group prepare lunch at the Decatur Girl Scout camp being held this week in Hanna-Nuttman park. Working in the woodland kitchen are, left to right, Joyce Williamson, Gwen Nash, Sue Banning, Vicki Lehman, Janet Rickard, Marsha Basham, Marty Hitchcock and Theresa Gii;od. —(Photo by Mac Lean)

For Wall Cracks Save some old windowshades, and use strips of the material to paste over wall cracks before applying wallpaper. You’ll find that the paper will not crack at the same place again.

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FRIDAY, JUNE 14, 1963

“HAPPY HAPPY?”