Decatur Daily Democrat, Volume 61, Number 214, Decatur, Adams County, 11 September 1963 — Page 2

PAGE TWO

Official Opinion On School Board Term

Official opinion 39, by attorney general Edwin K. Steers, of the state of Indiana, holds that an injunction does not halt time, but only the acts of people, that Warren D. Nidlinger was properly appointed, and that his year of to June 30, 1963, on the North offfice extended from July 1,1962 Adams Community School Board. I The full text of the opinion reads as follows:' Official Opinion No. 39 Dear Mr. Wilson: Your request of July 23, 1963, for an official opinion on the question and facts contained in an accompanying letter from Mr. Severin H. Schurger has been received and, which letter reads, in part, as follows: “QUESTION: Did the North Adams Community School Corporation Board of Trustees- ‘come into being’ on the Ist day of July 1962 by and in every respect, save as to said restraining order, or, by reason of said restraining order and temporary injunction, did said Board of Trustees of North Adams Community School Corporation, come into being on July 3 f 1963, the date of the dissolution of said temporary injunction? “FURTHER: Under the comprehensive plan, (for North Adams Community School Corporation), the fifth member of the Board of Trustees was appointed by the remaining Board. The remaining Board Members did, in June 1962 (and more than 20 days prior to July 1.1962), appoint said fifth member for a period on one year as in said comprehensive plan set out. Since said Board was prohibited from acting during the period of the restraining order and temporary injunction, did the restraining order and temporary injunction toll the time of said North Adams Community School Corporation from ‘coming into being’ until the dissolution thereof?” Law Quoted Acts 1959, Ch. 202, Sec. 7. as amended, referred to in your letter, is found in Burns’ (1963 Supp.l, Section 28-6118, and in part, reads as follows: “If a majority of the votes cast at such special election on such question are in favor of the formation of such corporation, a community school corporation shall be created and come into being on July 1 or January 1 following the. date of publication of said notice, whichever date is the earlier.” The date of publication refers to the notice for the special election. Since the special election was held on-May 8. 1962. and resulted in an affirmative majority vote, said corporation came “into - being” on July 1.1962. unless prevented by the restraining order, since the above provisions of the statute as to the effective date were in existence at the time of such election. The temporary restraining order was issued on June 30. 1962 Time At Issue First of all everything that had to be done to bring the school corporation into being under the statute had been done by the time the injunction was issued, except the passage of time. You can- i

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hot enjoin the passage of time so in order for the injunction to have affected the “coming into being” of the school corporation it would have had to enjoin the election, which was an accomplished fact. It is well settled that an injunction will not be granted where the thing sought to be enjoined has already been accomplished. Standard Mercantile Co. v. Strong (1934), 207 Ind. 55, 191 N. E. 140; Cole v. Duke (1881), 79 Ind. ; McGoldrick v. Slevin (1873), 43 Ind. 522. Secondly, it is well settled, that an injunction is an action in personam and not in rem. Armour & Co. v. Miller, Judge (1937), 91 F. 2d 521; Lueine v. Pennsylvania Alcohol Permit Board, et al. (1931), 305 Pa. i 62, 157 A. 470; Town of Lincolhvillle v. Perry (1954), 150 Me. 113, 104 A. 2d 884, 887; 25 Am. Jur,, Injunctions. §54, 186: 43. C. J. S. Injunctions § 165, p. 779. Only Persons Restrained „ During the time the injunction was in force it thus only restrained persons from performing certain acts and d'id not halt the operation of the law. From the foregoing I am of the opinion that the temporary injunction did not prevent said schoool corporation from “coming into being” on July 1,1962. In answer to your second question in the case of State ex rel. Wilson v. Wells (1895), 144 Lnd. 231, at page 237, the court said: "* * * The term of an office is a definite time, relating to the office and not the officer, and will not be enlarged or varied by changing the date when a person shall be elected to fill such office.” Term For Office In the case of Russell v. The State of Indiana ex rel. Crowder (1909), 171 Ind. 623, 87 N. E. 13, in holding that an elected county auditor did not have his term extended from March 28 to July 5 by virture of the fact the incumbent in office refused to surrender the position of the office until July 5, the court on page 628 of the opinion said: “The term of office refers to the'office itself, and not to the incumbent, and is ‘not enlarged or varied by changing the date when a person shall be elected to fill such office.’ State, ex rel., v. Weills (1896), 144 Ind. 231, 237.” And again on pages 630 and 631 continued: “* * * It appears by appellant’s offfice to appellant July 5, 1904, first paragraph of answer that Lang voluntarily surrendered the and the court finds that he took upon himself the duties of the of-, fice from that date. We think that in doing so appellant was simply Riling his term. The fact that he did not obtain possession until Juliy 5, 1904, could make no difference in his term * * *" Conclusion Under the authorities cited in answer to your first question, it is clear the term of office in question, provided for the reor-

ganization plans for the operation of said school corporation, came “into being”' at the same tinje the school corporation was so created. An appointment was made for such person to hold such one year term of office prior to the time the restraining order was so issued, all as contemplated by the reorganization plan. Such , appointment was therefore, legal and it was for a term of office to begin July 1,1962 and expire July 1, 1963. Under the last referrred to authorities, the fact the appointment member was unable to occupy such office would not result in an extension of such term ’tion. therefore, would not toll of office. The temporary injunc* the time of the North Adams Community School Corporation coming “into being” or extend the one year term of office of the 1 school board member appointed to take office July 1,1962. Respectfully submitted, EDWIN K. STEERS, Attorney General. * . ' ■ C G. 0. P. Plans Uphill Fight Over Tax Cut WASHINGTON (UPI) De--1 serted by many customary allies in the business world, Republicans today began organizing an uphill fight to attach anti-spend-ing strings to an sll billion tax ! cut or block its 'House passage. I The tax-cutting bill, backed by > President Kennedy, was cleared by the House Ways & Means . Committee Tuesday afternoon. The final vote was 17-8 with all but two of the GOP members voting against it. ‘ Democratic leaders said the 1 showdown vote on the "H o use floor would come in two weeks. House approval was expected but there appeared to be little better than a 50-50 chance that the Seiv ate would complete action this year. The bill would make two tax cuts for individuals and corporations. It would provide tax savings of $7 billion on 1964 incomes with the full sll billion in tax relief applicable to income in 1965 and thereafter. Republicans voted against the bill, and the committee refused to accept a GOP amendment that would have made the second tax cut contingent upon Kennedy reducing federal spending below levels currently projected by the r administration. A similar Republican amendment will be offered on the House floor, but Democrats predicted it would be defeated. Officials said the U. S. Chamber of Commerce, which favors tax relief, would not support any amendment until the measure reached the Senate. » A spokesman for another busi- 1 ness group — the “Business Committee for Tax Reduction” — ’said its executive committee was “definitely opposed” to the GOP proposal. Henry Ford II is cochairman of the group. More Than 100,000 Marooned In Taipei TAIPEI, Formosa (UPI) -L More than 100,000 persons were reported marooned in Taipei today by rising floodwaters triggered by Typhoon Gloria, considered the worst in the island’s history. Authorities feared casualties might run into the thousands. The government ordered more than 10,000 policemen and civil j defense workers wearing life jackets to take stranded citizens aboard rubber rafts and landing barges before high tide tonight. Reports said several American military families were forced to leave thejr homes in low - lying sections. Reports said Shihmen dam in central Formosa spilled over early this morning and caused authorities to open all flood gates, dumping more than 6,000 cubic feet of Water a second into the area’s already swollen rivers, Gloria, the most powerful typhoon in the Pacific so far this year with center winds up to 140 m p.h , passed within 55 miles of 5 Taipei - and was reported bearing toward the Chinese mainland, j Officials said it deluged Taipei | with 21 inches of rain in 3fl hours. ■* By nightfall, the center winds had decreased to 120 m.p.h., but the typhoon was moving past the island at the unusually slow sped of 6 m.p.h., increasing its destructive capability. At, least five persons were reported killed. They included a mother and child buried in the | collapsq of their house in suburb- j t-an. Taipei and three tram crewj men swept away by a river aftef their engine was derailed by the winds. But police were too busy with j the threat to compile accurate j casualty figures and feared that j they might run into the thou- | sands. Floods in August, 1959, killed, injured or swept away I 2,000 persons. *

THE DECXTUH DAILY DEMOCRAT, DECATUR, INDIANA

Negro Pupils Attend Class In Churches By United Press International Demonstrating Negro students attended private classes In churches in New Jersey Tuesday and paraded in front of the home of an elementary school principal in Chicago. Elsewhere on the integration front in the North, attention turned to housing and the building trades in Indiana and Missouri. While pickets marched in front of the empty, boycotted Carpenter Street School in Woodbury, N.J., 35 volunteer teachers conducted special classes at the Bethlehem Baptist Church. In Jersey City, N.J., more than 1,000 children boycotted a predominantly Negro elementary school for the second consecutive day. Special classes were set up at Calvary Methodist, New Hope Baptist and St. John’s Episcopal churches and the Shelton Post of the Veterans of Foreign Wars. School Picketing Continues Twenty-seven Negroes and one white person marched through the fashioqable suburb of Olym-, pia Fields to the home of Willard Johnston, principal of the mostly Negro Beale Elementary School 20 miles away in Chicago, They accused him of being'“brutal” to the students. In Chicago, picketing continued at overcrowded all-white Bogan High School, which has been scheduled to receive transfer students frorh other schools. The white pickets are protesting some of the transfers would be Negro. The Chicago Urban League said in a statement one of every six Negro workers in Chicago is unemployed and prospects for improvement are dim. Jobless Problem Unchanged “Negro unemployment in Chicago in the early 1960 s is basically unchanged from the situation reported in 1950,” the league said. “The relative position of the poorer Negroes has even declined,” “The impact on the individual, the family and the community is devastating,” the league said. The National Association for the Advancement of Colored People announced plans in St. Louis for a copcerted effort to enroll Negroes in building industry trade jobs. Fifty Negroes who want jobs in the building industry will be directed to various lqcai, stete and federal projects and will report back to the NAACP on what happens. Stephens College, a private school for women in Columbia, Mo., enrolled its first non - white students—three Negroes and one Oriental. Completes Course At Mechanical School MEMPHIS, TENN. (FHTNC) — Marine Private First Class David F. Harris, son of Mr. and Mrs. Earnie E. Harris of route 1 Monroe, Ind., was graduated recently from the mechanical fundamentals school at the Naval Air Technical Training Center, Memphis, Tenn. r „_—.— : ; : . I Upon completing the four-week course, graduates are assigned to the seven-week aviation machinist’s mate school, also located at the Memphis Center. Completion of the present school qualifies! graduates for duties as jet mechanics with a Marine Corps aviation unit. now T.. I In The New Plastic Carton For Your Convenience M $ L i - _ ★ Same Top Quality ★ Same Low Price At Your Nearby j EQUITY Stores or , Dealer

Combined Action On Race Discrimination INDIANAPOLIS <UPI> — A “unique and historic” meeting between white arid Negro housing industry officials wound up Tuesday with a call for combined action against racial discrimination in housing. The first-time statewide conference, called by Governor Welsh and the Indiana Civil Rights Commission, also concluded that unless churches and schools take a “more prominent part” in solving racial discrimination the housing industry could do little. Lt. Gov. Richard O. Ristine, one of the key speakers, termed the day-long session “unique and historic.” An opinion poll conducted among the 150 delegates to the meeting found 137 in favor of holding local meetings of their industry and community leaders “to find solutions to the problems of race and housing.” The need for action as a grouprather than as individual builders, brokers or lenders was emphasized by a 97 for, 31 against vote. The poll strongly favored, 116 to 11, opening the industry trade organizations to all qualified appli-

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cants regardless of race. A proposal that realtors offer properties to any qualified purchaser or renter without regard to race unless the owner, in writing, directed otherwise, gained a vote of 83 for, 40 against, and 19 undecided. A panel of four Negro real estate men spoke in the afternoon segment of the meeting and told about ghettos which exist in major Indiana cities, for their race. They said Negroes have a constant desire to escape the confines oi housing they find, but with little chance under existing situations. One suggestion had Welsh appealing for equality in housing on TV “as he did for the sales tax.” Another group concluded that there is a very strong fear “in gaining rights for mminorities, we lose rights for the majority." During the panel discussion, William Morris, South Bend, said “housing is the only remaining commodity in our country today, the purchase of which is limited because of race, creed or color.” Sullivan Stevenson, Evansville, said the well-educated Negro no longer wants to be “confined in one noisy ghetto.” Andre Means, Gary, warned that a family living in the typical Negro community has difficulty rearing children “as all-around good citizens.” William Ray, Indianapolis real-

tor, said “there is no free market *n boasing” for Negroes anywhere in Indiana. • Purdue Ag Alumni Hear Purdue Dean ■.s • Dr. Erskine Morse, dean of the Purdue school of veterinary science and medicine, spoke tp. the Adams county Purdue Ag Alumni at their meeting Monday evening. A Dr. Morse used slides to illustrate the facilities of the veterinary school and animal diognostic laboratory. He stated that the class of 55 students was filled from 115 1 Mt. Pleasant W. 8 C. S. Rummage Sale Friday & Saturday Ehinger Bldg. 2nd and Monroe in Decatur

J WEDNESDAY, SEPTEMBER 11, 1963

applicants. The meeting was held at the home of Paul Kohne in Washington township, and was opened with a steak barbecue. An election of officers was held and Joe Kohne was chosen president, with Leo' Seltenright selected as vice ? president and Bill Rumple, secretary-treasurer. / Directors elected were Richard Glendenning, three year term; Robert Sittler, one year term; and Don Norquat, as past president. Open Sept. 14 PUBLIC SKATING SAT. - SUN. NIGHT 7:30 - 10:30 Adm. 50c SUN. AFTERNOON 1:30 - to - 4:30 Happy Hours Roller Rink Decatur. Ph. 3-8309 — »■» "''A* mum '-'tv*- • ***-