Decatur Daily Democrat, Volume 61, Number 296, Decatur, Adams County, 17 December 1963 — Page 2

PAGE TWO

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First Payment Os Memorial In 1968

INDIANAPOLIS (UPD — A gift marked “do not open until 1968“ is under the Indianapolis municipal Christmas Jiee. thanks to the method taken *by r former Vice President of the United States-to pay tribute to his Wife. The Cornelia Cole Fairbanks Memorial Fund was created by her husband, Charles Warren Fairbanks, who died in 1918. The $50,000 principal has grown to nearly $200,000 during the past 45 years and the first payment from it to the- City of Indianapolis is specified in 1968. Fairbanks, who was Vice President under former President Theodore Roosevelt, specified in his will that the fund in honor of his wife, Cornelia, should be maintained for 500 years and that every 50 years $50,000 should be expended from the in'crease. The will explained that his wife .„.was .“a good Christian woman who wearied not in welldoing” and that the fund was a means as establishing a permanent memorial to her. «■> Fairbanks specified the payments from the fund were to go for “the erection and maintenance of a building for the intellectual. /moral and physical wellbeing ov' the worthy poof for the benefit of labor, arts and science, and for’ parks and playgrounds.” The fund is administered by a board of trustees headed by Wallace O. , Lee, Indianapolis, one of two remaining original members of the board created in .1918. The other original member. Fred Hoke, now is 93 years Os age ’

As the close of the first halfcentury period approaches., a interest in the Cornelia Cole Fairbanks Memorial Fund has revived. with several prospective projects under discussion. Mrs. Fairbanks was a member of the Indiana State Board cl Charities, a forerunner of the State Welfare Department, and was active in several other groups. She was a presidentgeneral of the Daughters of the American Revolution in 1901-5, and was the daughter of an Ohio judge. One of the last meetings she attended before becOTning- ill of pneumonia a few days before her death in 1913 was that of the American Prison Association. 61 Dividends To Be Mailed Early * In response to President Johnson’s directive., for the earliest possible payment of the $234,000,000 GI insurance dividend for 1964, the veterans administration has announced that the first checks will reach veterans by January 2. The entire payment to 4,725.000 veterans participating in the dividend will be completed in record time — January 25. In Indiana, 111,905 veterans will receive $5,574,300, A. J. Bochicchio, VA’s regional office manager in Indianapolis, announced. Bochicchio explained that the speedup in payments'is VA's answer to the president's request as a stimulant to the economy. In the first speed payment of a dividend, ordered by President Kennedy is 1961, payments* were completed by March 17. The stepped up payments of the 1963 dividend was completed last January 31. The VA plan to issue the 1964 dividend checks by next January 25 will cut a week from the previous record processing time of 31 days in 1963. • The dividend payments in 1962, and in the years prior to 1961, were made throughout the entire year on the anniversity dates of the individual insurance policies, Os the total distribution of $234.000.000. $15,000,000 will go to about , 225,000 World War 1 veterans hold- , ing U. S. government life insurance policies. The remaining . $219,000,000 will go to 4,500,000 i World War II veterans who hold national service life policies. Korean conflict veterans hold non-participating policies that do not provide regular annual dividend payments. The.regular dividends are primarily a return to the policyholders of part of their premium payments since the death among GI policyholders continues to be ~ lower than the rate upon which the payments were established by , law. ' s Bochicchio reminded policy- : holders that the preparing and j mailing of dividend payments are = automatic and require no corres-s pondence from veterans or theirs families. In fact, such correspond-S ence might delay-the dividend dis- j tribution process, he said. •

THE DECATUR DAILY DEMOCRAT, DECATUR, INDIANA

Special Prosecutor May Be Appointed INDIANAPOLIS (UPD - The Indiana Supreme ’Court, by a 4-1 ■ruling, has held that a trial court judge may name a special prosecutor in situations in which the elected prosecutor has demonstrated bias and hostility toward the plaintiff—who is his client. f. The far-reaching opinion concerns a Vanderburgh County case and seemed to some observers to provide some of the authority to name a special prosecutor. The authority was conferred by a bill passed ’by the 1963 Legislature but vetoed by Governor Welsh. The Supreme Court, in an opinion written by Chief Justice Frederick Landis, ordered Spencer Circuit Court to relieve Vanderburgh County Prosecuting Attorney 0. H. Jr., of his duties and name a special ' prosecutor for a suit brought by I Mrs. Martha Latham. Mrs. Latham had filed a civil suit on behalf of herself and her five children seeking to recover $35,000 from Charles W. Lee Sr. and Charles W. Lee Jr., which she alleged her husband lost in a dice game at the Lees’ place of business in Evansville. She alleged in her petition to the high ccrtlrt that Roberts “had demonstrated extreme hostility and prejudice against her interests in the suit by delaying and impeding filing of the action” and that he “humiliated and embarrassed” her during conferences with her.” Her petition said further that Roberts has “since refused to communicate with her, and that he allowed a change of venue to be taken from Vanderburgh County to Spencer County without conferring with or advising her when he knew or should have known the defendant had an undue influence over the residents of Spencer County.” Landis held that the failure of Roberts to deny Mrs. Latham’s charges •of bias and prejudice in the lower court had the legal effect of “admitting the truth of the charges.” r “An attorney '"cannot properly represent a client in a law suit over the latter’s objection when the attorney maintains an antagonistic attitude or hostile interest toward such client,” Landis wrote. The • dissenting opinion, written by Judge Amos Jackson, charged that “the majority opin- : ion represents a radical departure” from the usual procedure in original actions ..■. it sßbstittrtes our judgment, guess or whim in place of the judicial determination of the trial court. ■ The majority opinion is erroneous, is bad law and will, and ’should haunt this court.” Jackson cited a 1954 opinion by the Indiana Supreme Court concerning Lake County’s then prosecutor Metro. Holovachka which said ‘ “the determination as to whether a judge shall spank his prosecuting attorney t must be left to the discretion of . the judge.” « Landis said he did not want = to stretch the application of the S ruling too far, but said he felt Jit would give any trial judge = precedence for naming a special 3 prosecutor in cases in which the 2 regular prosecutor has “made S an admission of bias and hos- • tility” against the complaining *'party.

Ki iS A w 1 ? fl HHKtM PARTING COMPANY—A man’s horse may be his best friend in the wide open spaces, but in rodeos they often part company. Jim Tescher of North Dakota takes the air route as he says goodbye to Sahara in the saddle bronc riding of the National Final’s Rodeo at the Los Angeles Sports Arena. ,

COURT NEWS Re-set for Trial The separate cases of Wohlert Corp, vs Albert Riehle, formerly doing business as Riehle Tractor and Auto Parts, and the Tractor Implement Supply Co., Inc., vs the same defendant, were continued by agreement of the par--ties, and re-set for trial Feb. 17, both, at 9 a. m. Both cases concern complaints on account. The case of the Durkee-Atwood Co.. Inc., vs Albert Riehle, doing business as Riehle Tractor and Auto Parts, was continued by agreement of the parties and reset for trial February 17, at 9 a. m. The Magistic Co., inc., vs Riehle. formerly doing business as the Power Pac Muffler Co., was also continued and set for trial January 17 at 9 a. m. Both cases also are complaints on accounts. V Estate Cases Inventory No. 1 was filed in the Mary Jane Saylors estate, showing a total appraised' value of $41,887.90. A petition to sell Ihe real estate at public auction was filed and the personal representative was authorized and ordered to sell the real estate. A petition for issuance of let» i tors of administration was filed in the Elizabeth Riffle estate, and the bond was filed in the penal sum of $8,200. The letters wefe ordered issued to Lester L. Farlow. and were reported and confirmed. Schedules to determine inheritance tax were filed with refer•mce to the county assessor in two estates, the Ellen Sprunger estate .-Lawrence Garver estate.Proof of mailing of notice was filed without reference to the county assessor-in the Lilly Habegger estate, and a schedule was submitted finding the net value of the estate to be $637.47. A petition to appoint ment of interest in personality in the William C. Werling estate was filed, and was submitted, examined and approved. In the Edwin D. Vitz estate, a supplemental report of distribution and petition for discharge were filed, and the executor and sureties on the bond were ordered released and discharged. The estate was closed. Donald Neuen Named Assistant In Music _ MUNCIE. Ind. - Donald L Neuen. formerly of RBerne. has been named a graduate assistant in music at Ball State Teachers College for the 1963-64 academic year. Ball State has 78 assistantships in 22 departments. This ..year president John R. Emens notes that these graduate assistants hold bachelor’s degrees from 32 different .colleger and universities. 22 of then from out of the state. The graduate assistants are working toward master of arts degrees and master of arts in education degrees. Neuen is a 1957 graduate of Ball State and former director of the Shortridge choir in Indianapolis. His parents are Mr. and Mrs. L. A. Neuen, 405 Columbia, Berne.

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Buys Health Bond USE CHRISTMAS SEALS ; o ? iwEMHM o IfjnßgM ? IWmSiBM ◦ ■KJnKM|IK> ■L WHUMKff o ? Vk ° p ML 1 • • o Hn£f&4£tsSß|ra < snE3i|>g3 5 "I"* ®| KF o —*s—nT| ... 2 < CHRISTMAS U ° ORKKTINOS (J > FIGHT TUBERCULOSIS and other Respiratory Diseases The General Electric Co. has voted purchase of a SSO health bond, officials of the Christmas seal campaign in Adams county announced today. All proceeds from the annual sale are used in the fight on tuberculosis and other respiratory diseases and to provide clinics and otherwise carry on the combat against disease. State 01 Union Message Jan. 8 WASHINGTON (UPD—President Johnson will deliver his first State of the Union message toj Congress Jan. 8, it was decided today at a meeting between the President and Democratic leaders of both houses of Congress. Senate Democratic Leader, Mike Mansfield,-Mont., said it also was decided that Congress should adiourn this Friday or Saturday and return Jan. 7. Mansfield emphasized that the adjournment timetable was tentative, however, and subject to the consent of Republican congressional leaders. ' The Democratic leader talked .with reporters after President Johnson’s weekly legislative meeting with the congressional leaders. ' Speaker John W. McCormack. Mass.,, said Johnson “expressed great pleasure” over legislation Congress has passed th is seion on education and medical facilities. McCormack called this legislation the “greatest”- in these two fields that the current Con-, gress has passed. Beery Represented By Lewis L. Smith A story in Monday's Daily Democrat erronously stated that David Lee Beery, arraigned Monday morning on charges of rape and assault and battery with intent to commit a felony, was represented by John L. DeVoss, local attorney. Beery is represented by Lewis L. Smith in the case before the Adams circuit court. STOP that cough with our own Cough Syrup Kohne Drug Store

New Torn Stock Exchange Prices MIDDAY PRICES A. T. & T.,' 130%; DuPont, 239%; Ford, 50%; General Electric, 85%; General Motors, 80%; Gulf Oil, 47%; Standard Oil Ind., 61%;Standard Oil N. J., 75; U. S. Steel, 52%.

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TUESDAY,

Willshire Choir To Sing Here Wednesday The choir of the Church of< God . at Willshire, O„ will present a Christmas,, cantata, “A Child Is Born,” at the Decatur Church of God Wednesday at 7:30 p.m. The choir will be accompanied by Mary Ellen Raudenbush, with Helen Baumgartner as director. Also featured will be special num--bers in Solo, duet and trio. The public is invited to. attend. EVERYTHING! • n v* Arrow shirts, ties, sport shirts, etc., etc., etc., at « TOM WEIS MEN’S WEAR OPEN EVERY NIGHT 'til CHRISTMAS 101 N. Second St.