Decatur Daily Democrat, Volume 61, Number 156, Decatur, Adams County, 3 July 1963 — Page 1

VOL. LXI NO. 156.

School Injunction Dissolved By Judge

Court Ruling Ends Fight On Reorganization

Judge Ray Ade ended the Adams county school fight at 5:30 p. m. Tuesday by dissolving the temporary injunction against the formation of North Adams community schools and South Adams community schools. The dissolution, which was unexpectcd'®Cti»» end of two days of trial, caught the attorneys by surprise, and attorneys for reorganization immediately went into a huddle with Judge Ade to find out how he expected to implement his decision. Three School Districts Effect of the ruling is this: all present school corporations, except Adams Central community schools, are dissolved; two new ones- are now officially created. The two new school districts are: t-"' 1. North Adams community schools, which will include Preble, Root, Union and me north two miles of Washington township, plus Decatur. The former school corporations of Decatur, Preble, Root, Union and North Washington go out of existence. 2. South Adams community schools, which will include Jefferson, Geneva, Hartford, parts of French, Monroe, Blue Creek, and Berne-French. 3. Adams Central community schools, which reorganized last year, will continue as it is. Failed To Prove' Judge Ade ruled that the plaintiffs, Robert Rice, et al, failed to prove any damages, while South Adams in particular showed numerous damages because of the temporary injunction; he held that the fact that the board had been in .existence longer than specified had no bearing, that the people had voted on the plan, and that the will of the people had been carried out. He ruled that the people had been properly notified, that they knew about the election, and that they took part in it. The attorneys present had expected Judge Ade to take the matter under advisement, and give his ruling later. Apparently the judge was fully convinced by two days of court testimony on the validity of the.new corporations, and the invalidity of the claims made

Rails’ Work Rules In Effect Julv 11

WASHINGTON (UPI) — The nation’s railroads announced today they will place ndw work rules into effect at one minute after midnight July 11 despite union warnings that such a move would trigger a national rail strike. J. E. Wolfe, chairman of the railroads’ negotiating committee, said union refusal to accept recommendations of a White House board has led to “a complete breakdown” in talks designed to end the dispute. President Kennedy on JUne 15 asked both sides to undertake intensive efforts to settle the dispute until July 10 without.changing the rules or calling a walkout. The new rules would result in elimination of thousands of jobs and make sweeping changes in working conditions for 200,000 men who run about 95 per cent of the trains in this country. The railroads announcement came as Labor Secretary W. Willard Wirtz called, in Wolfe and heads of the five rail /unions to make proposals looking toward a settlement But .Wirtz said no real progress had been made on key issues including whether firemen are need in diesel locomotives in freight and yard service. Wolfe said negotiations so far have been a “hallow mockery" of bargaining But he told a news conference that today’s announcement "does not preclude consideration of any construction suggestions by the President, the secretary of labor

DECATUR DAILY DEMOCRAT

by those in the north and south areas, who claimed irreparable damage by the creation of the -.wo new corporations. ■ ■ The plaintiffs may now file for a new trial. If that is denied, as is customary, they can appeal to the Indiana supreme court; attorneys estimated that this would cost in excess of $2,000, and that meanwhile the new school system would be in effect. Sewage Problems Are Studied By Council Sewage problems ip the area of the new lake being built near the Homestead by Vic Porter and Tom Miller were the subject of a letter read at Tuesday’s city council meeting. The letter from D. Burdette Custer and Robert G. Smith, attorneys for Porter and Miller, pointed out that raw sewage and septic tank water from the Homestead area are being dumped onto the land where the lake is being built. Two sewer lines are now dumping onto the property and construction on the lake is being delayed because of the problem. The land on which the lake is being built is not a part of the city. The tetter requested that the city take immediate steps to eliminate the problem, so that construction can be resumed and Miller aid Porter can go ahead with building their houses on the property. A question was then raised by one council member Who asked if Porter and Miller plan to have their new homes attached to any sewer line which the city might lay to handle the sewage which is now being dumped on the property. Mayor Don Gage said that the city must know this before it can take action. It must also know if the lake builders plan to bring the area into the city or if they wish to remain outside the city limits and if they intend to attach to city sewer lines. City attorney Robert Anderson was asked to contact Custer and Smith to determine the intention of their clients.

or any other interested party.” He said the railroads have accepted recommendations from presidential boards but charged that the five unions have "adamantly refused to make any realistic concessions." “'The refusal of the operating union to accept any part of either set of presidential board recommendations in the railroad featherbedding dispute has caused a complete breakdown in negotiations,” he said. Since every step under the Railway Labor Act has been exhausted, Wolfe said, the railroads notified the unions the new rules will be placed in effect at 12 01 a. m. Thursday, July 11. Kennedy has warned that the nation cannot tolerate paralyzing rail shutdown and said that he would seek legislation to prevent any such tieup of basic transportation facilities. But his July 10 deadline was viewed as somewhat elastic since he asked both sides to withhold any action that would trigger a shutdown until he readied legislation for Congress to consider. Wirtz put himself back into the rail dispute Tuesday with announcement that a new round of talks had gone nowhere. He planned a meeting with both sides in a joint session Friday. "We are. now in the-11th hour of this dispute which has continued for nearly four years," Wirtz said. No effective bargaining has taken place. As a result we are facing a nationwide railroad shutdown.”

Fifth Member Os Board To ... J-.”- »- 1 ‘ ( .'X Be Appointed The members of the North Adams community school board are Clarence Bultemeier, Preble, Louis Krueckeberg, Union, Dr. James M. Burk, Decatur, and Herbert Banning, Decatur. The fifth school board member, Warren Nidlinger, Jr., went off the board June 30; his successor will be appointed I from the Decatur area by the other four board members. All taxpayers living in the North Adams area will now pay a common school rate, which will differ from any of the six rates formerly in effect in the area. All the schools in the area will be administrated by the new board; probably very few changes will be effected during the first school year. Formerly the Preble and Union trustees with their advisory boards, set up school rates for transferring and transporting their pupils to Monmouth, Decaux br other schools; the Root trustees, plus advisory board, administered the Monmouth school; the Decatur school board controlled the Decatur budget for the four Decatur schools; the people living in the Decatur-Root township area paid the Decatur school tax plus a small amount on the Monmouth community building bonds; and North Washington township had a separate school corporation which like Preble and Union transferred its .pupils. The new corporation will assume the debts and assets of the old corporations; thus, anything contracted by the old units will carry over to the new unit. i Consider Filing Os Suits For Damages Several different groups discussed the possibility this morning of a suit against the men bonded in the temporary injunction against formation of North and South Adams. Several of the plaintiffs posted their farms as surety against damages by the granting of a temporary injunction in the school case. Residents of North Washington, who by the’ action were excluded from North Adams district, had to pay to transfer their children to a kindergarten; this service would have been paid for through taxes already assessed if the new district had gone into effect. In the south, Berne-French, now a part of South Adams, in good faith, continued educating those students from French township who still desired to attend Berne, on the grounds that the judge's decision holding the reorganization completely invalid was legal- This was a part of the decision in the temporary injunction. Now attorneys for both groups are considering a suit against the bonded men to recover their damages

Flags To Fly At Homestead July 4

Alfred Beavers, president of the Homestead association, said this morning that local persons will be amazed at the number of American flags that will be displayed in the Homestead addition on the Fourth of July. Flag displaying was promoted recently by the association’s officers and board of directors, asking all residents of the 48 homes in the area to put out a flag Thursday. Beavers said today that the response has been exceptionally good, and urges all local residents to drive through the Homestead area Thursday. Bells will ring throughout Decatur on the Fourth to commemorate the signing of the Declaration of Independence. The American Legion auxiliary is sponsoring the bell-ringing in conjunction with a let-freedom-ring suggestion. The. auxiliary is urging all churches and any other places which have bells to ring them for four minutes, bginning at 1 p.m. on the Fourth. John L. Howley, great incohonee of the great Council of the United ■ (Continued on Page Two)

ONLY DAILY NEWSPAPER IN ADAMS COUNTY

Decatur, Indiana, Wednesday, July 3,1963.

Council Discusses Various Problems

The Decatur city council met Tuesday evening and discussed work at the steam plant, street repairs, railroad crossings, well repairs and sewer disconnections. Architectural designer Jerold Lobsiger reported that it would be impossible for the city to get enough gas to heat the old steam plant building, which is scheduled to be remodeled for storage of city trucks. He said that enough gas to provide only about 500,000 BTU’s of heat could be obtained and that 1.5 to 1.8 million BTU’s are needed to properly heat the building. He recommended a coalfired steam heat system for the building and the council decided to take the matter into consideration. Lobsiger also recommended tearing down the old building on the west side of the steam plant, because it is in such poor condition that the expense in remodeling it would not be justified. Also, he said, if that portion of the building were removed, then the new police station could be centered on the lot. Mayor Don Gage said that residents in the area Kaderequested that something be done about the old building. The council decided to investigate the mat-' terCity clerk Laura Bosse read a letter from the AFL-CIO stating that the organization had appointed a delegate to the committee which is to decide wages for work on the police station and city hall. It was moved that the wages decided upon by this group be made part of the specifications of the building for bid-letting purposes. Ask Wider Corner A copy of a letter written to the state highway department bn city attorney Robert Anderson was also read. Anderson sent a copy of a photograph which had appeared in the Democrat to the department. The photograph, which was printed in the Jui}e 25 issue of the paper, was of a long house trailer squeezing through the corner of Thirteenth and Monroe streets. The council has requested that the state widen the corner. Mayor Don Gage reported that

Mrs. Frances Kruse Is Taken By Death Mrs. Frances L. Kruse, 60, lifelong resident of the Decatur area, died at 3:55 Tuesday at St. Josephus hospital in Fort Wayne. She had been ill for the past year and in critical condition for two weeks. Mrs. Kruse had operated her farm on Decatur route 4, three and one-half miles west of Decatur on Monroe street, extended, since the death of'her husband, William J. Kruse, Sept. 7, 1956. She was born in Decatur March 19, 1903, a daughter of Joseph and Catherine Thomas-Metzger. She was formerly a bookkeeper at the Mutschler Packing Co. Mrs. Kruse was a member of St. Mary’s Catholic church and the Rosary society. Surviving are one son, William F. Kruse, who is serving in the U. S'. Navy at San Diego, Calif.; two grandchildren, and two sisters Mrs. Marie Anderson of Decatur, and Sister M. Virgene, C. S. A., of Fond Du Lac, Wis. One son is deceased. A solemn requiem Mass will be conducted at 9:30 a.m. Friday at St. Mary’s Catholic church, the Rt. Rev. Msgr. Simeon Schmitt officiating. Burial will be in the Catholic cemetery. The body was removed to the Zwick funeral home, where friends may call after 7 p.m. today until time of the services. The Rosary society will meet to recite the rosary at 8 p.m. Thursday. Dr. George W. Gillie Dies This Morning FORT WAYNE, Ind. <UPD—Dr. George W. Gillie, 82, who served five terms in the National House of Representatives, did in Parkview Memorial Hospital today. He ws ill several months. Gillie, a Republican and a veterinarian, served his first term as Fourth District representative in 1938. In the 19205, he made an unsuccessful bid for mayor and later* served as Allen County sheriff. 7 >

several council members had met with Pennsylvania- railroad officials last month to arrange repairs for city railroad crossings. Gage said that part of the Second street crossing at the Central Soya plant has been repaired, but that the railroad had informed the city that further crossing work could not be begun until next spring. At that time, the railroad officials said, all the crossings in the city would be repaired, several would be widened and the Monroe street crossing would be completely rebuilt. Disconnect Sewers Anderson reported that $1,459.10 of delinquent sewer assessments on the Porter-Homewood sewer line has been collected and that only six persons on the line have not responded to the 30-day notices sept out early last month. Consequently, the council decided to dis- f connect the sewer lines of those persons today. The council also decided to begin serving 30-day notices on. delinquent sewer assesments on the Schirmeyer street and Clyde Gould sewer lines. Mayor Gage said that Meshberger Stone corporation is currently"' inspecting . the ...qity streets and preparing estimates for street repair. Preliminary figures indicate that the city might be able to do much more repair work then had previously been anticipated. William Hosea, 726 Dierkes street, appeared at the meeting and requested street repairs and curbing installation on that street. The request was taken under consideration by the council. A letter from W. E. Bumgerdner, Erie railroad agent, was read. Bumgerdner had requested that city install early warning signs near the ralroad crossings at Winchester, Line, Third, Tenth, Eleventh and Twelfth street crossings. Street commissioner Adolph Kolter said that the signs have been ordered and will be installed when they arrive. Ralph Roop, city engineer, said that some minor repairs and cleaning were needed on city wells 11 and 12. The council authorized the work.

Parking Los Offered By American Legion The city received a new offer for parking lot facilities at the council meeting Tuesday night. The American Legion has offered the parking lot just south of its building for a $1 per year lease. The offer came after Chamber of Commerce president Gene Rydeil and Charles F. Moore, a representative of the Magee-Hale parking meter company of Oklahoma City, had presented estimates ■ for the cost of paving and metering the old Kocher lumber yard lot. The cost of paving, metering and lighting the lot would be between $19,000 and $20,000. If this were done there would be space on the lot for about 96 cars. Moore raid that it would be best to build the lot with meters designed to take only nickels, dimes and quarters. He said that it would be advisable to offer 12-hour parking for 25 cents. ’ There was some discussion as to whether it would be necessary for the city to hire another man io patrol the meters if the lot was built. Moore said that he did not believe that this would be necessary. He gave approximate revenue figures for a 100-car lot, which on busy days would produce about $lB revenue. City attorney Robert Anderson and other council members said that they were not sure exactly how serious the parking problem actually is. Rydeil said that while he had not taken a detailed survey there are certain times, such as Saturday evening, when a genuine parking space shortage does exist. After the discussion on the Kocher lot. Mayor Don Gage announced that the Legion had offered its lot with "no strings attached." It was pointed out that if the city accepted the Legion’s offer it would be best to meter the lot, which would otter space for about 20 cars. No decision was made on either lot but the council told Rydeil that it would have a decision by the time of the next meeting, July 16.

Schurger Leading Attorney In Case - Severin H. Schurger, Decatur attorney who represented the Adams county school reorganization committee in the school case, was the attorney who put together the winning case, basing his arguments on the law and opinions handed down in the prior cases, and working closely with attorney Howard Baumgartner, who represented South Adams, and Ted Miller, of a Huntington law firm, which assisted the attorney for the south district. Schurger, who had presented a monumental brief to Judge Ade on the case last month, stated that following the first day of trial, things began to move. First of all, as summation began, Judge Ade made it clear that he had read the briefs submitted, would not require a brief of final arguments, would rule from summation verbal arguments. The plaintiffs argued first, with Clarence McNabb and Tom Logan taking most of "the morning. At'r-’r a recess until 2 p. m., Baumgartner and Miller took about 25 minutes each to present their side, and then Schurger summed the arguments of the defendants m about 40 minutes. . Judge McNabb then presented rebuttal'for an- hour. At that point, Judge Ade began his summation, and made it plain that he had studied the briefs in advance. Judge Ade upheld Judge Parrish in calling the election, and stated that he found no proof or indication of fraud or error in the election, and that "the people of Adams county are bound by their election.” He stated that the plaintiffs had failed to prove any damages resulting from denial of the injunction, while “the children 61 Adams county will suffer if the injunction .continues,” The school trial has already involved the judge of the Adams circuit court, Judge Burl Whiteman of Jay county, three judges in Allen county, Judge Simmons of Blackford, Judge Ade, supreme court Judge Bobbitt, and Judge Homer Byrd of Wells county. In addition, a number of attorneys have been involved, directly or indirectly, in the suit.

Youth Badly Hurt By Exploded Firecracker A firecracker incident, which resulted in serious facial injuries to a 17-year-old Decatur boy, is being investigated today by the Adams county sheriff's department and the Indiana state police. Daniel Butcher, 17, son of Mr. and Mrs. Robert Butcher, of 1062 Russell St;, is in the Adams county memorial hospital today recovering from the injuries to his face caused by an exploding firecracker. . The entire left side of the boy's face was lacerated and badly burned. His face and neck are quite swollen, and his hair was singed by the firecracker/ It is also believed that his left ear drum, was burst by the impact of the explosion, and it is feared that he will remain deaf in the ear. Suffers Pain He is reported also to be in quite of lot of pain. The incident occurred about 10:30 p.m. Tuesday, as the Buteher youth was riding in an auto driven by Raymond Cook, . 16, route 5, Decatur. Three other passengers were in the vehicle, Sharon Keller and Karen Andrews of Decatur, and Velma Fairchild, a resident of near Salem. The youths claimed that the firecracker -bad been thrown into their auto by a passing car. in explaining the incident to investigating authorities. They had no description of the other car, however. .. Calls Sheriff Butcher, who was sitting in the rear ' seat, behind Cook, was rushed Immediately to the hospital, and the attending physician there ordered the sheriff’s department notified of the 'incident. "Firecrackers are always a problem this time of the year,” sheriff Roger Singleton said this morning, "but we hope that no such further incidents will occur in this county." Each year numerous youngsters around the state and nation are Injured and maimed for life due to firecrackers around the time of the Fourth of July holiday.

City School Board Buys Beppert Site

The Decatur school board, in what turned out to be one of its last official actions,, exercised its option Tuesday afternoon to purchase more than 90 acres of land from Dr. Roland L. Reppert for SIIO,OOO, Gail M. Grabill, Decatur superintendent of schools, announced. The/option, announced April 19, includes mpst of the land in the triangle which includes Bellmont park, excepting the areas already occupied by homes, roughly the “points' of the triangle. The lake, cabins, and home of Dr. Reppert are included, and the actual Rcppcrt's AWfibn school' land, about five acres, is excluded, with an bption to sell in ten years. Will Pay Cash At the time of signing the option, Grabill pointed out that the school city has about SIOO,OOO in its cumulative building fund. a,nd that part of the -purchase price will be paid this year, and part next year, but that the school will have, at the Lime, enough eash to make the transaction without issuing bonds. In fact, the entire building program is set up so. (hat it can be I dones without a bond isspe, over a period of ten years. Also at ■ the meeting, the board reorganized, electing Dr. James

Official Comment On Ruling Lacking Gail Grabill. superintendent of schools for Decatur, was out of Decatur this morning, and not available for comment on the action taken by Judge Ray Ade on the school case Tuesday. Grabill and his family are in Michigan for the Fourth of July, but the Decatur school systerp is not expecting to rush into the transfer to the new school district. Decatur school board members, discussing the matter privately, were not too happy over the decision, which 'would have been welcomed a year ago. While there was no comment fey any school board member, or their attorney, they seemed to hope that the groups would appeal the decision to the Indiana appellate court. Grabill, in private ’conversationTuesday evening, stated that he understood an appeal would be launched within the 30 days allotted for a new trial. Whether the group would seek a new injunction from a .higher court, of whether they would let the new corporations forfii and accept jurisdiction was not known. No spokesman for the plaintiffs in the suit made a public statement.

Kennedy, Top Aides Confer

WASHINGTON <UPI» — President Kennedy met with a group of top aides today in an effort to determine whether Soviet Premier Nikita S. Khrushchev is really serious about outlawing all nuclear tests except those conducted underground. In announcing the White House meeting. Press Secretary Pierre Salinger said “The president considers Mr. Khrushchev's speech a matter of importance." He referred to the East Berlin speech in which the Soviet leader offered to sign immediately an agreement banning atmospheric and under water explosions But he linked the offer With a proposal that the North Atlantic Treaty Organization sign a nonaggression pact with its Commu. nist counterpart, the Warsaw Pact alliance. This caused Western diplomats to question whether he really was sincere. The President conferred about it for one hour with Undersecretary of State Averell Harriman, Undersecretary of State George Ball,

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M. Burk, president; Herbert Banning, treasurer; and Richard Macklin, secretary. The officers held office for probably the shortest time in history, since Judge Ray Ade ruled the school board out of existence. New Board The new board will control the use and development of the land, but at least two members of the flive - member board will be from the old Deca tu r school board, as they were named last year, by the city council. It is possible. that. «c»»ncil could name thn. third member of the board, since that appointment is now open. Miss Iverna Werling. secretary to the city school superintendent for the past decade, has retired, from her position, effective last Friday as previously announced.

Ruling Will Affect County School Head Just what effect the school reor- 1 ganization ruling will have on the county superintendent’s office was not clear this morning, except that county superintendent Gerald. Vizard stated that they had plenty of work to get done before the transfer of records starts. Eventually, after reorganization I is effected, the county superintendent’s office will be discontinued. At present, however, they have more than 100 reports for the state of Indiana. Then will begin the transfer of records for Monmouth, Jefferson, Hartford, and Geneva, to North Adams and South Adams. Vizard stated that several other counties have already closed their county offices including some that went into more than one school district as Wabash county. In all the cases so far. Vizard, pointed out, the personnel of the county office have been absorbed in the new districts. In addition to Vizard arelJlis , secretary Mrs. Rudolph Brandyberry. . and the county attendance officer, Mrs. Mildred Foley, Mrs. Foley is also attendance officer for all the other school districts in the county. _

INDIANA WEATHER Fair and cool tonight, Thursday mostly sunny and pleasant. Ixiw tonight 56 to 62. High Thursday 75 to 82 north, in the 80s Muth. Sunset today 8:17 p. m. Sunrise Thursday 5:22 a. m. Outlook for Friday: Partly cloudy and a little warmer. Low Thursday night low 60s north to upper 60s south. High Friday upper 80s.

Defense Secretary Robert S. McNamara and the disarmament agency director William Foster. "A second meeting of the Same group has been called for 4 o'clock this afternoon," Salinger sgld. After the morning meeting, Kennedy joined his full Cabinet for a discussion which Salinger sajd "was principally concerned with domestic matters;" He said civil rights was among these matters but was not the only Issue discussed. He would not specify any others. Salinger said the President planned to work at his desk all day_ Thursday even though it is a holiday. He said it was uncertain whether Kennedy would leave for Hyannis Port, Mass., to join his family for the July 4 weekend. Kennedy landed at Andrews Air Force Base, Md., early this morning after an .11 hour flight from Naples, Italy, and then flew to the White House by helicopter.