Decatur Daily Democrat, Volume 62, Number 209, Decatur, Adams County, 3 September 1964 — Page 1

VOL LXII. NO. 209.

Agency Shop Upheld By Appellate Court

INDIANAPOLIS (UPI) — The Indiana Appellate Court today upheld for the second time in five years the agency shop provision under which non-mem-bers of unions must pay the equivalent of dues in order to keep their jobs, when such clauses are contained in work contracts. The ruling said state courts have the right to consider cases arising out of the Indiana “right to work” law, but Chief Justice Decafur Resident To Cast Electoral Vote No matter which of three national parties with electors for president and vice president which you vote for Nov. 3, one of Indiana’s 13 votes will be cast by a resident .of Decatur! — •- - - County clerk George Bair received the official state ticket certification this morning. The list of Republican electors includes the name of Roy Price, of route 6. Price, Republican county chairman, represents the fourth district. The list of Democratic electors includes Mrs. Mabel Striker as an “at large” elector. For each of the 11 districts a delegate and an alternate is listed, with two delegates and two alternates “at large.” Raymond McAhren, of route 5, is the fourth district elector for the Prohibition party, which lists E. Harold Munn, of Hillsdale, Mich., as its candidate for president. Bair checked with the governor’s office, and with the secretary of state’s office, and no certification, was made of any county or dis- ’ trict ticket other than Democratic and Republican. Wilhelmina Brown Is Taken By Death Mrs. Wilhelmina C. Brown, 82, a native of Decatur, died Wednesday morning in Cincinnati, 0., where she had resided for the last three years. Mrs. Brown was born in Decatur, a daughter of Mr. and Mrs. Herman Brake, but had resided in Chicago most of her life, serving as a court reporter for 40 years. , She was a member of the Catholic church. Surviving is one sister, Mrs. Louise Tekulve of Cincinnati. One sister and several brothers preceded her in death. "Die body will be brought to the Gillig & Doan funeral home late Friday night. Funeral services will be conducted at 9:30 a.m. Saturday at St. Mary’s Catholic church, with the Rev. Dennis Blank officiating. Burial will be in the Catholic cemetery.

Khanh Returns To Government

SAIGON, Viet Nam (UPI) — Premier Nguyen Kahnh returned in apparent acceptance of an American suggestion that he return as soon as possible. After Khanh stepped down from the presidency last weekend following two weeks of riots and went to sick leave, U. S. Ambassador Maxwell D. Taylor said Khanh “expects to return to Siagon in the next few days and resume his normal duties as head of government.” Khanh said Tuesday it would be more like two weeks because he needed rest. He was staying at the mountain resort of Dalat, 145 miles east of Siagon. But today Khanh, who is 36, flew into the capital without announcement at 10 a.m. Acting Premier Absent Neither acting Primer Nguyen Xuan Oanh, a civilian economist, nor Maj. Gen. Duong Van Minh, one of Khanh’s major rivals, were in Saigon. Oanh and Minh had flown to the central Viet Nam city of Hue, 425 miles north of the capital, to try to convince student. and Buddhist holdouts there to end their highly vocal opposition to the government. Fifty miles south of Hue, at Danang where some of last week’s worst riots occurred, Buddhists were still holding a kid- ' naped Roman Catholic army lieutenant, raising fears of more

DECATUR DAILY DEMOCRAT ONLY DAILY NEWSPAPER IN ADAMS COUNTY

Donald H. Hunter said any change in the agency shop plan “would have to be by virtue of legislative action.” The case was brought before the Appellate Court by a group of employes at the Chrysler Corp, plant in Kokomo. They objected to an agenqy shop clause in a contract between the company and Local 685 of the United Auto Workers Union, claiming the clause was “unconstitutional because it deprived them of the free right to work where they chose.” But the court unanimously reaffirmed the position taken in 1959 by the same court in the case of Meade Electric Co. This was the landmark case which made possible numerous agency shop clauses in labor-manage-ment contracts. The Meade case was an interpretation of the Indiana "right to work” law which proponents of the law said had the effect of nullifying .the Law. ... . Hunter smd the reaffirmation “clarifies the jurisdiction of state courts to decide all questions relating to disputes arising out of the Indiana ‘right to work’ law.” The high court reversed Judge Lester Winslow of Howard Circuit Court who took the position that the jurisdiction rested only in the National Labor Relations Board and not in state courts. The Appellate Court said while the Chrysler case was pending at Kokomo in 1962 and 1963, “the Supreme Court of the United States decided this precise question .. . the Supreme Court held in substance that the national Congress in 1947, under the Taft-Hartley Law, did not deprive the states of any and all powers to enforce their laws restricting the execution and enforcement of union security agreements.” “Since it is plain that Congress left the states free to legislate in that field, the Supreme Court could only assume that it intended to leave unaffected the power and authority to enforce such laws,” the Appellate Court opinion stated. However, the Appellate Court said, “If the agency shop clause .in a labor contract under the present Indiana ‘right to work’ law is to be declared illegal or unlawful, it will have to be by legislative action, as this court will not attempt to do it by judicial fiat.” The opinion concluded, “We pertinently note that two sessions of the Indiana - General Assembly have met and adjourned since the opinion in the Meade case was decided and the legislature has not seen fit to amend the abt.” NO PAPER MONDAY Hie Decatur Daily Democrat, following annual custom, win not publish an edition .Monday, Sept. 7, which is Labor Day.

riots. The government that Khanh was returning to thus was confronted with troubles on all sides. Strikes Buddhists Siagon pledged a two-month ban on demonstrations, then Wednesday threatened mass hunger strikes to force the release of 562 persons jailed in last week’s riots. Nguyen Ton Hoan, chief of the influential Dia Viet (greater Viet Nam) party, resigned Tuesday as deputy premier, saying he could not work with Khanh. Khanh said the feeling was mutual. Defense Minister Gen. Tran ’ Thien Khiem flew to Dalat on Wednesday and pledged loyalty to Khanh, sources close to Khanh said. But other military commanders were rumored to be in contact with Hoan’s Dai Viet party. Wednesday the government information ministry suspended two of Saigon’s 35 daily Vietnamese - language newspapers for inviting religious violence. Long - standing hostility with neutralist Cambodia was renewed Wednesday. A south Vietnamese defense ministry statement said that 200 Communist guerrillas escaped pursuing govenment forces Sunday by dashing across the Cambodian frontier under cover of a machine gun nest inside Cambodia.

President Johnson Signs Wilderness Conservation Measure Into Law Today

Open Adams Central Schools Sept. 8 All elementary students in the Adams Central community schools, with the exception of kindergarten pupils, will attend fullday classes Tuesday, Sept. 8, according to an announcement today from John Brunso, elementary principal. Book rental fees, according to Brunso, amount to $lO for grades one through six, which includes books, workbooks, art materials, etc. Fee for kindergarten students is $4. Brunso stressed that it was important for each student to pay the full rental fee on Tuesday when they report to school, in order to avoid bookkeeping problems during the year and enabling the school to pay outstanding book charges. Lunch Fees The principal also stated that lunch fees remain the same, 25 cents per day, and urged parents to send SI.OO with the smaller children on Tuesday. Kindergarten students in St. Mary’s and Blue Creek townships will attend afternoon sessions, beginnnig at 12:15 p.m., at the Pleasant Mills school. Pupils in Kirkland and Monroe townships will attend afternoon kindergarten sessions at the Adams Central building, which begin at 12:30 p.m. Kindergarten students in Washington and French townships will a tend morning sessions at Adams Central, beginning at 8:25 a.m. Bus trasportation will be furnished to school for the morning classes and from school for attending the afternoon sessions. County Farmers At State NFO Meeting 9 A large number of Adams county farmers were among I he nearly 2,000 who attended the state NFO at the Logansport armory Wednesday night, Gene Arnold, Adams county NFO president, said today. The purpose of the meeting, Arnold explained, was to'bring farmers up-to-date on what has been happening. The local coun y meeting tonight will continue that process. All Going Well The NFO leaders reported that over the state everything is going fine, and ahead of schedule. There are a few instances where some farmers have almost been compelled to sell livestock, for per- ’ sonal reasons, but all-in-all, things look very good, they stressed. Reports are starting to slip out that retail meat supplies are getting short in some areas of the country, but no report has been made on local conditions. Adams county businesses and farmers are s ill cooperating very well, Arnold reported. Need information “What farmers need above everything else is information on their economic deficiencies, and how the NFO proposes to correct the too-low price structure,” Arnold stated. “Farmers have been donating their labor for so long a time that it has been tasen for granted by all hands as a matter of course. “Now, however, they are awakening to the fact that the present price structure is undermining the economic solvency of farmers and indus’ry alike. “Currently farmers are receiving a parity ration of 75%. If parity is increased to 100%, as the NFO so valiantly desires, everybody will prosper,” Arnold predicted. “The farmers’ purchasing power would be increased by 25%. This would be a massive shot in the arm for local business, in Adams and every Hoosier county. It would mean the greatest wave of permanent prosperity industry has enjoyed for genera'ions. Farmers need and would then buy huge quantities of consumer goods. “Farmers are beginning to realize that the NFO is their friend; now the NFO is trying to get the assistance of the businessmen,” Arnold concluded.

Decatur, Indiana, 46733, Thursday, September 3; 1964.

WASHINGTON (UPl)—President Johnson today signed into law the wilderness conservation bill—a gift from the present generation to the future of 9 million acres of woodland recreation areas. In a White House- bill-signing ceremony, Johnson termed the event "a very happy and historic occasion for all who love the out of doors, and that includes me.” Under the wilderness bill, 61 million acres of woodland eventually could be preserved in the same state as when Indians roamed the land. Mostly of the 9 million acres immediately covered is in the Western states. Along with the wilderness bill, Johnson signed a related water conservation bill. In a statement while cabinet members and congressmen stood at his side, Johnson said the bills showed that the nation was not just reacting to the “frusration and needs of the moment,” but is providing leadership “for the next decade.” Praising Congress for acting on the conservation programs, Johnson said ’ the action reflected “ar new strong consensus to look ahead, plan ahead and, better still, move ahead.” All of the new protected wilderness land arer national esf;. The law culminated a 7-year effort by conservationists * t o pass a wilderness bill. Eventually, 61 million acres of wilderness region could come under the law. The late President John F. Kennedy was one of the most avid supporters of the legislation. Wooded Areas Scattered National parks in a wilderness state and other lands may be added to the system with the consent of Congress. The protected national wooded areas are scattered throughout the country, but about half of the acreage is located in western states. The new law defines a wilderness region as “an area where the earth and its community of life are untrampeled by man, where man himself is a visitor who does not remain.” It prohibits commercial enterprises and permanent roads in order to preserve an atmosphere providing “outstanding opportunities for solitude, or a primitive and unconfined type of recreation.” The Interior Department will set up the regulations to carry out the aims of the new law, but hunting and fishing regulations still will be controlled by the states. Today’s bill signing was the third time in as many days Johnson put his signature on a major piece of legislation. On Monday it was the food stamp bill, Wednesday it was a sl.l billion housing and urban renewal law. The bill signing ceremonies have provided - the President a forum for politicking even before formally kicking off his election campaign Monday in Detroit. The President declared the housing measure was a "milestone” on the way to keeping a commitment to assure every American an opportunity to live in a decent home in a safe and decent neighborhood. He also commended Congress for passing mass transit, hospital, education .and other bills that he said represented "the most constructive attack” on the problem of keeping America a fit place to live. In another appearance in the cabinet room Wednesday, Johnson hailed what he termed “the longest and strongest uninterrupted prosperity in the nation’s history.” He also expressed hope the time would come when recessions would be a “relic of the past.” This came in remarks welcoming Harvard - professor Otto Eckstein as a member of his Council on Economic Advisers. Congratulates Sente Johnson later issued a statement congratulating the Senate

for passage of a health care plan for the aged under Social Security. His statement put him in sharp contrast to the position voiced by his Republican opponent, Sen. Barry M. Goldwater, who voted against passage of the health care proposal. It was clear to observers that the, Rresident was trying to get the most political mileage out of Congress’ accomplishments at this session before formal campaigning starts. The White House confirmed Wednesday that Johnson would appear before an open-air meeting in Detroit’s Cadillac Square on Labor Day to launch his drive for a four-year term. INDIANA WEATHER Fair and a little warmer tonight. Fair east and south and partly cloudy with chance of thundershowers northwest Friday. Continued warm. Low tonight 66 to 70. High Friday 86 to 93. Sunset today 7:14 p.m. Sunrise Friday 6:15 a.m. Outlook for Saturday: Partly cloudy and cooler north, wide__ly scattered showers. General-.-ly fair, windy and warm south- - central. Lows from the low 60s to the low 70s. Highs from the low 80s to the low 99a. Appellate Court To Hear Appeal Oct. 14 Oral arguments will be heard by the Indiana appellate court Wednesday October 14, in ttye case of Decatur-Kocher Lumber, Inc., vs. Mr. and Mrs. Lawrence W. Ehrsam. Robert S. Anderson, of this city, representing the appellees, or defendants, and Custer & Smith, also of Decatur, representing the plaintiffs, will be given one-half hour each, to present their oral arguments. The appellate court session will begin at 2 o’clock the afternoon of October 14. The local lumber company is appealing a case in the Adams circuit court in which they were turned down in requesting a judgment of $4,500 from the Ehrsams. Filed In 1962 A trail without jury was opened June 18, 1962, in the Adams circuit court before Judge Myles F. Parrish, and final arguments were heard and concluded June 25, at which time the local judge took the matter under advisement. k July 7, of the same year, the requested judgment by DecaturKocher was turned down by Judge Parrish, who ruled that the lumber company should receive nothing from the defendants, Mr. and Mrs. Ehrsam. The lumber company had requested a judgement of $3,964.50, which was alleged the company was owed by the Ehrsams, plus interest and attorney fees, bringing the total amount to $4,500. Paid In Full In his four-page written judgment, the Adams circuit court judge gave several reasons for turning down the plaintiffs. One reason was on the grounds that the “defendants herein have answered in payment." The judgment said that at the trial, the defendant’s exhibit “N” was introduced into evidence, and that it was a receipt from the lumber company which was dated October 19, 1959, and was marked “pd. in full.” The defendant’s exhibit “O” was a check made payable to the lumber company lor the sum of $4,348.35, which was also marked “pd. in full.” About two months after the ruling by the local court, a motion for new trial was made by the plaintiffs, and overruled, the plaintiffs then appealed to the appellate court. Several extensions of time granted by the appellate court have slowed action in tiie case.

New Hearings Into Travel By Students

WASHINGTON (UPI) — New congressional hearings into unauthorized travel to Cuba by young Americans opened today under heavy guard and a strict ban against “boisterous, disorderly or untoward” conduct. There was no immediate sign of a repetition of riotous conduct that marked similar hearings last year. But the House Committee on Un-American Activities took no chances. At least half of the estimated 180 seats in the House Caucus Room, site of the hearing, were occupied in advance by committee staff members and others associa'ed with Capitol offices. Federal marshals at both ends of rows of seats left open to the public. Dozens of city police bolstered the Capitol police force in imposing tight security on the third floor of the old House Office Building in the Caucus Room area. Four young men who were among 84 students and others who went to Cuba recently were called as witnesses today by a subcommittee headed by Rep. Richard Ichord, D-Mo. Most Dressed Neatly About 150 supporters of the “students’* showed up. Generally,* they were dressed heatiySu, in contrast with last year. Many men wore ties and jackets and some of the girls were in high heels. Ichord spent the next 25 minutes of the hearing reading an opening statement. In it, he outlined the committee’s interest in the illegal trip, taken at the expense of the Castro government. Edwin E. Willis, D-La., chairman of the full Committee on Un-American Activities, was

Robt. Kennedy Quits Cabinet

WASHINGTON (UPI) - Robert F. Kennedy today formally submitted his resignation as attorney general to President Johnson. Kennedy said it is effective as of the close of business today. Kennedy and his wife, Ethel, who is expecting their ninth child, met with reporters outside the west lobby after he had conferred more than an hour with Johnson. The attorney general had been 20 minutes late for the appointment— having started a farewell round of Washington visits with an appearance at a*high school rally. The* students wanted to thank him for projects he initiated. The youngsters gave Kennedy a scroll saying “We will never forget you because you cared.’’ More than 3,000 persons were on hand at Cardoza High School to greet Kennedy. He told the students, “If I did anything that benefited you, it benefitted me more.” Most of the Justice Department’s employes expect Deputy Atty. Gen. Nicholas Katzenbach to carry on, at least until after the November election. Under federal law the deputy attorney general automatically becomes acting attorney general whe»' job is vacant. There have been at least a half-dozen names mentioned as possibilities for the job after the election, provided President Johnson is elected. . [ The name most talked about is that of Leon Jaworski, a 59-year-old Houston, Tex. trail lawyer, who has been described as

also present. He warned the four subpoenaed witnesses and those of their friends and sympathizer who had overflowed the available seats that strict order would be maintained in the hearing. "Boisterous, disorderly or untoward misconduct will not be tolerated,” he said. Laying the groundwork for subsequent questioning of leaders of the student travel group, committee counsel Francis Nittle called as the first witness New York travel agent George Luke. Luke said he was paid $17,000 in round-trip air fares for 28 youths between San Francisco and Paris. .. The group traveled to Cuba by such roundabout routes as Paris. Reveals Trip Payment Luke, who runs the New York City Travel Association, said he got the $17,000 from Yvonne Bond, 23, of San Francisco. Miss Bond, one of the four subpoenaed travelers, was awaiting her call to the witness chair along with Edward Lemansky, 24, of Brooklyn; Morton Slater, 21, New York City; and Albert Maher, 22, of Houston. ■ L. Luke said a bearded youth he identified today as Slater—now now clean - shaven — accompanied Miss Bond in making the travel arrangements. He said Slater did not at that time give his name. In advance of today’s hearings, the so-called student committee for travel to Cuba called on members and supporters to do everything they x could to "prevent HUAC (the committee; from provoking a riot as it did last year.”

“my friend and counselor” by the President. Aided Barnett Prosecution Jaworski has served as a special counsel to the Warren Commission investigating the assassination of President Kennedy. He also was a special prosecutor in the 1962 contempt case against former Mississippi Gov. Ross R. Barnett. Other possibilities mentioned are Abe Fortas and James Rowe< both Washington lawyers and longtime Johnson associates; Labor Secretary W. Willard Wirtz, once a law partner of Adlai E. Stevenson, and former Massachusetts Atty. Gen. Edward J. McCormack Jr., a nephew of Speaker John W. McCormack,JD-Mass. Migrant Worker's Son To Receive Treatment The blind, five-year old son of a family of Adams county migrant workers is being taken to the Indiana" medical center in Indianapolis today for treatment. Juan Zapata, who is almost totally blind and who has, in addition, a disabled left arm, was a student in the church school and child day-care center conducted by the Adams, county migrant workers committee. About S4OO to SSOO is required for his treatment. Over $l9O has been collected to date. Menno Coblentz, superintendent of the two-week school, Ann Fireoved, Sheila Price and Miss Arlene Maust, Adams county public health nurse, are accompanying the boy .to the center.

SEVEN CENTS

Dora Headed To Open Water u Os Atlantic SAN JUAN. P. R. (UPI) — Hurricane Dora, the dangerous sister of killer hurricane Cleo, aimed its 115 mile an hour winds today into the open water of the Atlantic.

The San Juan Weather Bureau discontinued a hurricane watch for Puerto Rico, the Virgin Islands and northern Leeward Islands this morning and said “there is no longer any danger to Caribbean land areas from Hurricane Dora except that heavy surf may be expected in the Leeward Islands.

The center of Dora was placed about 460 miles east northeast of San Juan and 275 miles east northeast of St. Martin, the Lesser Antilles or near latitude 18.9 north, longitude 59.0 west. The Weather Bureau said Dora was expected to increase in intensity during the day. Persons living on exposed low lying beaches in the islands on the rim of the Caribbean were urged to take precautions against heavy surf and high tides kicked up by Dora. Hurricane Cleo, meanwhile, meandered harmlessly toward the east northeast at about 18 miles an hour across the northern Atlantic, taking its 90 miles an hour winds away from the U. S. mainland and north of Bermuda.

Bierly Speaks M Democrat Luncheon Judge G. Remy Bierly of Decatur. candidate for judge of the Indiana appellate court, spoke at a meeting of the Democratic luncheon club at Fort Wayne Wednesday. The Decatur attorney said “our registration laws are outdated and outmoded. These registration laws should be recodified and amended to meet the problems of today and preserve the sanctity of the ballot which can only be accomplished by taking away arbitrary powers from unscrupulour clerks, and devise and create a system of registration that w’D guarantee the unregistered voter the same fairness and justica in seeking to register as the election ’laws guarantee to the voter on election day to caist a ballot. “The right to register and the right to vote entails upon every qualified citizen the duty and responsibility to register and vote,” he continued. "This duty and responsibility not only is for the purpose of electing qualified men and women to office, but to also have in mind the principles of the party these candidates support." Judge Bierly said the laws should be revised to allow all persons to register without unduehardship. “Let up tap the ranks of unregistered voters and by Oct. 5 reduce the unregistered to the lowest figure that has ever been accomplished in Allen county and the state of Indiana," Bierly concluded.

City Swimming Pool Closes After Monday Monday is die final day the city's swimming pool will be open, according to announcement today by Hubert Zerkel, Jr., recreation supervisor. Zerkel said that due to teacher’s meetings, which the lifeguards will be attending, necessitate a change in hours for the pool- on Friday. The pool will be open from 3 to 5 p.m. and 6 to 7:30 pun. on Friday. The pool will be open from 1 to 4 p.m. the final three days, Saturday, Sunday, and Monday, and there will be no evening hours. More Indiana Fair Winners Are Listed The latest listing of winners at the Indianapolis stite fair includes several Adams county com petit- • ors who placed in the 4-H foods 0 judging. They were: Gail Sprunger, route 1, Berne, red ribbon, drop or bar cookies division; Jane Habegger, 406 S. Scnug, Berne, blue ribbon, simple butter cake; Karen Scherer, route 1, Decatur, blue ribbon, yeast rolls; Carol Sheets, route 1, Decatur, white ribbon, angel food cake; Judy Butler, route 5, Decatur, green ribbon, fancy yeast bread; Joyce Strouse, route 1, Decatur, blue ribbon, baked product; Judy Mosser, route 2, Geneva, white ribbon, baked product.