Decatur Daily Democrat, Volume 62, Number 283, Decatur, Adams County, 1 December 1964 — Page 4

PAGE FOUR

THE DECATUR DAILY DEMOCRAT Published Every livening Except Sunder by THE DECATOR DEMOCRAT CO., WC. *Mw»d at the Decatur, Ind., Poet Office e* Second Qes* Matter Dick D. Heller. Jr. President Mrs. John Shirk — Vice President Mrs. A R. Holthouse Secretary Ralph W. Sauer Treasurer SebsertpUM Rates By Mail, In Adams and Adjoining Counties: One year, *10.00: Six months, *5.90; 8 months, *3 00. By Mail, beyond Adame and Adjoining Counties: One year. •11.**; * months. SR-OO; 3 months. <3.89. By Carrier, IS cents per week. Single copies. 1 cents.

More Outdoor Recreation With every worker enjoying more and more leisure time this generation over the last, and with this trend expected to continue, the amount of time families spend enjoying the great outdoors — camping, boating, swimming, fishing, hunting, etc. — can be expected to increase. But will there be room for all those who want to camp, fish, hunt, and boat? Will new subdivisions eat up all land within driving distance of Decatur, Monroe and Pleasant Mills, for instance? Effective citizens action to make more recreation space available is necessary to stem the tide of encroaching subdivisions from natural areas. • One group already dedicated to preserving natural land areas is the Citizens Committee for the Outdoor Recreation Resources Review Commission Report usually shortened to ORRRC. The report which the committee wants implemented is the one made by the committees appointed by Presidents Eisenhower and Kennedy to assure outdoor recreation for the Americans of tomorrow. The committee has recently published a 40-page booklet, ‘‘Action for Outdoor Recreation for America.” The booklet illustrates with case histories which vigorous citizen leadership of local and state planning and action programs can accomplish. It describes a wide range of new financial and legal tools now available to states and communities to acquire and develop balanced systems of park, fish and wildlife, and other outdoor areas, and to enhance the quality of the total outdoor environment, urban and rural. Last month’s "wilderness” law is an especially significant tool, Laurance S. Rockefeller, chairman of the ORRC commission, states. The book tells how the conservation commission in Indiana hired private consultants to plan Indiana’s program through 1975, under the direction of Gov. Welsh. Also explained are the needs for 10 acres of park per 1,000 citizens in-city, 4.7 acre playgrounds, 1.25 per 1,000 inhabitants; playfields of 12-20 acres each, .25 per 1,000; minor parks of at least 2 acres each, 2.5 per 1,000; major parks of about 100 acres each, 5. The booklet tells you how analyze your local ' situation, how to plan to better it, and how to affect your state’s conservation program. Single copies of the book are available free, from the Citi- • zens Committee for the ORRC Report, 1001 Connecticut Avenue, Washington, D. C. 20036. Editorial written by Dick Helle

TV PROGRAMS Central Daylight Tima

WANE-TV Channel IS TUESDAY B 6*o"—flachelnr Father • :XO—CBN N*w* 7:o4l—Big New* 7:80— Bailey* of Balboa B:oo—Death Valley Days B:Bo—Red Skelton o:3o—Pettieoat Junction 10:00 —.Doctor* * Nur»e* 11:00—New* Fina.l 11:80 Award Theatre: "Cleopatra' WEDNESDAY Morning 7:3s—Dally Word 7:3o—Sunrlne Semeater 8100—Captain Kangaroo o.oo—Our Mia* Brooka 9:Bo—Jack Benny 10:00—Sounding Board 10:80—I Dove Lucy 11:00—Andy of Mayberry 11:80—The McCoys Afternoon 12:00—Love of Life 18:85—CBS News 13:30—Search for Tomorrow 12:45 —Guiding Light 1:00 —Ann Colons Show 1:85 —Mid-day News j:Bo—As the World Turn* 3:oo—Paes word 3:Bo—House party 1:00 —To Tell the Truth 8:35 —CBS News 8:80 —Edge of Night 4:oo—Secret Storm 4:80— Early Show: "The Little Savage" banning 4.oo—Bachelor Father 8:30 —CBS New* 7:00 —Big New* '■< 7:30 —CBB Report* 8:00 —World War 1 B:Bo—Beverly Hlllblllle* 9:oo—Dick Van Dyke 9:3o—Cara Wllliame Show 10:00— Danny Kay* Show 11:00—Big New* Final 11:30—Award Theatre: "The Great ' . Moment" WKJG-TV Channel 33 TUESDAY Evaalag B:oo—New* 6:15 —Gate*way to Sport* 6:Bs —Weatherman 6:Bo—Huntley-Brinkley Report 7:oo—Doble Gllll* 7:3o—Mr. Novak B:3o—Man from U.N.C.L.E. 9:3o—That Was The .Week That Was" 10:00—“Vietnam: It'e a Mad War’* 11:00—News A VVeather 11:15—Sport* Today 11:20—Tonight Show - Wednesday Bday — —. • >»o Shew no Flanlngan Show 4th To Live By ~ _ Uw Room for Daddy 10:80 —What'* this;Songt 10:55—NBC Now*

11 tOO—Concentration 1i:30- —Jeopardy Afternoon 1800—New* at Noon 13:10—The Weatherman 13:15—The Wayne Rothgeb Show 13:30— Truth or Conaequence* 1.00—Bent of tlroucho I:3o—Let'* Make n Deal 1:55 -NBC Newt 3:00 —Loretta Young 2:80 -The Doctor* 3:00’ Another World 8:80—You Don't Say 4:00-Match Game 4:25 NBC New* — 4:30 -Santa In Wonderland s:oo—Mighty Hercule* 5:80 -The Texan ? Freeing 6:oo—New* 6:ls—Gate»way to Sport* 6:Bs—The Weatherman 6 :80 Huntley-Brinkley Report 7:00 —Litt leal Hobo 7:3o—Virginian 9:00 -Wedneaday Movie: "Cry Terror" 11:00—New* A Weather 11:15—Sport* Today 11:80—Tonight Show WPTA-TV Channel 21 tubsuay Kron, ear 8:00 —Ron Cochran — New* 6:16 —31 New* Renort #:3o •Bronco • 7:B6—Uncle Win Show , 7:30 —Combat B:Bo—McHale'* Navy " 9:oo—The Tycoon 9:3o—Peyton Plane 10:041—Th* Fugitive 11:00—New* — Bob Young 11:10—New* 11:15—Le* Crane J WEDNESDAY Moral** 9:oo—Caaper Cartoon Show 9:Bs—F»rm A Home New* 9:Bo—Father Know* Beet 10:00—TV Bingo 10:30 —Th* Price 1* Right 11:00—Get the Meaaage 11:80 —Mlastng Link* Afternoon 13:00—The Noon Show l|:Bo—T*nn*a«e* Ernie Ford I:oo—Th* Mike Douglas Show I:Bo—Day In Court _ 3:00- —General Hospital 8:80 —Young Married* 4:00 —Santa’* Toy Shop 4:3o—Mickey Mouse 5:00 —Leave It To Boaver 5:80 —Peter Potamu* Evening 1:00—Ron Cochran — News 8:16—81 News Report 6:3o—Bropco 7:36—Uncle Win Show 7:80—O««ie A Harriet 8:09—-Patty Duke Show B:3o—Shindig 9:oo—Mickey 9:Bo—Burke's tow 10:80—Scope H X? un * ~ N,w " 11:10 —ABC News - , 11:16—Lea Crane

Today's Market P. B. STEWART A CO. Corrected November 80 160 to 170 * 13.50 170 to 180 14.00 180 to 190 11.25 190 to 200 14.79 —2OO to 220 15.00 to 230 11.75 230 to 240 14.25 ' 240 to 280 13.75 260 to 280 13 25 280 to 300 12.75 100 to 160 9.00-11.00 Roughs 300 down .. 12 00 300 to 330 11.50 330 to 360 11.25 360 to 400 11.00 400 to 450 10.75 450 to 500 10.50 500 to 550 10.25 550 up 10 00 Boars. 8.00 • 900 Stags 9.00 WHOLESALE EGG QUOTATIONS Furnished By DECATUR FARMS Corrected November 30 Large White Eggs .25 I. Brown Eggs .25 Medium Whites ..-.—.18 Pullets .15 Indianapolis Livestock INDIANAPOLIS (UPD— Livestock; Hogs 6,300; barrows and gilts steady to strong, Instances 25 higher; 1 and 2, 190-225 lb 15.751590. few 16.00; 1 to 3, 190-230 lb 15.25-15.75 ; 230-250 lb 14 7515.25; several lots 15 50; sows steady to 25 lower; 1 to 3 , 300400 lb 12.29-13 «; few under 300 lb 13.50; 2 and 3, 400-600 lb 11. 50. — Cattle 2,300; calves 100; steers steady to weak, Instances 25 lower; heifers steady; high good and low choice steers 23 5024.00; few choice 24.00-24.50: good 21.00-23.00; few to 23 25; choice heifers 22.25-23 00; high good and tow choice 21.00-22.00; good 19 00-21.00; cows steady to strong; utility and commercial 10.50-12.00, few 12.25-12.50; bulls steady; utility and commercial 14.00-16.00; vealers steady; good and choice 23.00-28.00. Sheep 800; wooled lambs fully steady; choice and prime 19 002050; good and choice 18.0019.50. Chicago Livestock CHICAGO (UPl)—Livestock: Hogs 10,000; weak to 25 low- , er; No 1-2 190-220 lb 15.50-16.00; ’mixed No 1-3 190-230 lb 14.7515 50 ; 230-250 lb 14.25-15.00; No 2-3 250-280 lb 13.75-14.50. Cattle 3,500; calves 20; slaughter steers steady to 25 higher; heifers steady; 2Mj loads prime 1250-1360 lb slaughter nteers 25.75; choice 1100-1400 lb 24 00-25.00; 900-1100 lb 23 7524 50; good all weights 21002325; good and choice 23.2523 75; 2 loads choice and prime 1000-1050 lb heifers 23 75-24 00; choice 800-1050 lb 23.00423.50; good and choice 22.50 • 22.75; r good 20 50 - 22 25; canner and — cutter cows 9.00-11.50. Sheep 1,000; few early sales; wool slaughter lambs steady to strong but trend not fully established; several Small lots good and choice wool slaughter lambs 20.00-21.00; good 19.0020.00.

Maico Hearing Service Center To bo hold: Rice Hotel, Decatur Indiana Time: 1:30 to 4:00 p. m. Friday, Dec. 4, 1964 By: Mr. John Kenwood, a certified hearing aid audiologilt from Maico, 217 W. Wayne St., Fort Wayne, Indiana. Visit him for a demonstration of the newest in a complete range of hearing aids. Supplies and repairs for all makes of hearing aids are available. Public Auction Since I have moved info a house trailer, L will sell at • Public Auction at my former home 1 mile east of Ohio-Ind. state line on Rt. 224 then 2' u miles north on Kings Church road, 1 1 o mile* north of Woods Chapel Church, or 6* 2 miles S. W. of Convoy, Ohio, the following property, on SAT., DEC. 12,1964 -1:00 P.M. HOUSEHOLD GOODS: Gas range; ZIEGLER oil heater, Good; DUBIAN coal heater; M. W. refrigerator with top freezer; Speed Queen washer; living room suite, good; 2 very good upholstered rockers; day bed; oak table and 6 chairs; beds and dressers; some very nice old lamp and library tables; buffet; kitchen cabinet; rocker*; White sewing machine; Tornado sweeper; kitchen step stool; hall tree; floor, bed and table lamp*; radio; circulating fan;" table cloths; blankets; tubs; skillets; food chopper; NEW ROLL of barb wire; LUMP COAL; garden tools; step ladder; small tools and misc. OLD ITEMS: Dishes; silverware; MILK GLASS and CUT GLASS VASES; lamps; GILBERT clock; VICTROLA and records; high chair; child's rocker; incubator; dress form; and misc. CONSIGNED: ECLIPSE MOWER; reel mower; 2 lawn chairs; KENMORE dryer, GOOD; wheelbarrow; step ladder; electric motor; vise; carom board; socket set; dishes; shovels, hoes, etc.; small tools and MISC. Mrs. Florence Northup, Owner TERMS—CASH ‘ Not Responsible for Accidents. CLIFF BEIL, AUCT. ATLEE GEHRES, AUCT. VAN WERT, OHIO OHIO CITY, OHIO CHAS. TURNER, CLERK

THE DECATUR DAILY DEMOCRAT. DECATUR, INDIANA

New Law Book On Religious Use Os Land

The 1*54 Decatur Jehovah’s Witnesses zoning caae playa a prominent part In a new law book published last week in Virginia “Public Regulation of the Religious Use of Land.” by Washington D. C. attorney James E. Curry. "Die book will be especially valuable to attorney*, clergymen, church building committee members, those interested in churchstate relations, planning board* and city council*. It will also be of interest to those who remember the local caae. New Available The 420-page bound book Is available from the publishers, The Michie Company, Charlottesville, Va„ for *12.50. While written so that any intelligent layman can understand it, the book Is expertly crossindexed so that an attorney or Interested person can find every reference to every case without tedious bottom - page footnote*. The case* are also listed chronologically, and by authors, periodicals, and titles, religious denomination, states, and municipalities. The 22 chapters present all sides of the cases, and give the author’s own opinions, clearly marked as just that — opinion, but with the law to back him up. It Is said to be the first complete historical and legal analysis of church ~ zoning cases, about 100 of which have reached higher courts. Gives AU Sidss Curry presents all sides of each disputed point, and also analyzes the views of more than 60 legal, sociological and political writers. Drawing on his own decades of practical legal work in public law, he gives his own views without partiality or timidity. For good or evil, he points out? zoning controls reach into every man’s back yard. They also go into every clergyman's church, yard, limiting and regulating senaitive religious practices. NOTICE OF AIIMINIKTnATION Eatate No. G99S In th* Ailamn Circuit Court of Adams County, Indiana. Notice Is hereby given that Patey Hawkins wan on the ISth day of November,. 11X14. appointed: Executrix, of the will of JESSE CASE, deceased All persona having claims against said estate, whether nr not now due, must file the same In safU court within six months from ’ the date of the first publication of this notice or said claims will be forever barred. Hated at ItecAtur, Indiana, this ISth day of November, HUH. SEAL George M Bair Clerk of the Adams Circuit Court for Adams' County, Indiana. Robert S. Anderson, Attorney and Counsel for personal representative. 11/17, 21, 12/1.

Thanks local Lawyers In the preface, the author publicly thanks Decatur attorney Robert S. Anderson and the firm of duster & Smith for their spirited comments which contributed materially toward the 420-page work. The first toning case affecting a church was filed in 1922, by a Presbyterian church in Omaha, Neb. The decision in the case set the tenor of most decisions until 1949, when California decided otherwise, and soon Oregon followed suit. About The Decision The 1954 Decatur case is the 37th, chronologically, and it went to the Indiana supreme court for final decision. One of the justices was ill, and unable to attend the arguments, but he voted in the final decision, which was by a a 3-2 vote, his vote making the majority. The Indiana supreme court had heard only two other ca3es involving church zoning. It is interesting to note that Birch N. Bobbitt, who wrote the decision in the Decatur Jehovah's Witness cgse, had been the defense attorney, representing the churches, in the earlier two cases! The author of the book, in referring to this, notes on pages 306-7, "Others, like Bettman in Ohio, Bobbitt in Indiana and Weintraub in New Jersey, may be adjudging in their old age cases like thoee which in their youth or middle age they handled as attorneys.” Points of Case In the Decatur case, the Jehovah's Witness Kingdom Hall had asked for a zoning variance to permit it to build on the lot purchased without meeting the front setback line, and without providing 25 off-street parking spaces (one for each four seeting spaces in the proposed church.) This wa,s referred to the zoning board, and the variance was refused, on the grounds that the safety of the residence in the area; and the members of the church themselves, demanded proper setback and parking. The matter was then taken to the local court, where Judge Myles F. Parrish ruled that neither the setback line, nor the offstreet parking could be interferred with. This was based on the majority of decisions reached up to that time, although a few, su<sl as the California and Oregon decisions, had been the other way. At that time, the weight of authority seeemed to say that churches cannot be totally excluded by a zoning ordinance from a municipality or any of its residential districts. Consequently, ordinances which either by their very terms exclude all churches, or which by their operation would cause the exclusidn of a church, have been held invalid per se as applied to the particular church in controversy. Absolutism In a chapter on absolutism in church zoning law, the author notes that the 1954 Decatur decision is cited by only two of the articles qugted, which he finds surprising since he considers the Decatur decision the most emphatic of these espousing the absolute anti-exclusion rule. The author also considered it inconsistent in the Decatur decision by the supreme, court that the trial judge was reversed on one point, the setback ruling, and then sustained on the other, since the author felt the same points of law were in question. The supreme court then faced the problem of the “balancing of Interests" between the police power of the municipality, and the guaranty of freedom of worship and assembly. The court laid great stress on the point that traffic could be controlled at the church by use of police and signs, rather than zoning the parking. These regulations would affect all persons alike using the streets near the church rather than just the church goers themselves. Minority Quoted While the majority opinion of the Decatur decision was quoted in a 1961 case before the Indiana supreme court, and in several other Indiana cases, the m nority decision, has also been widely quoted. This minority decision became the basis of at least two later majority opinions, both of which were refused review in the United State,? supreme court. As quoted in the book, the two dissenting Indiana supreme court judges said, “It is quite evident that the members of die (congregation) could be killed just as going to and from church as going to and from a theater or a basketball game. • It is a proper exercise of the police power to proteqt (the congregation's) members from their own negligence as well a*

CHURCH CAMPAIGN CLOSES— Chalmer Bollenbacher, left, general chairman, and Charles Kent, advance gifts chairman, point to the total of $137,685 raised in commitments to the new church building fund of the Decatur Evangelical United Brethren church, with the new budding to be erected along U. S. highway 224, just west of Decatur.—(Photo by Mac Lean)

Buys Health Bond USE CHRISTMAS SEALS ? rX ° L T s ; o s ? °FT Tv >o■ 1 K C \Chustma& 2 ! FIGHT TUBERCULOSIS and other Respiratory Diseases Berne Rotary club has voted purchase of a $lO health bond, officials of the Christmas seal campaign in Adams county announced today. All proceeds from 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.

from the negligence of the travelling public. There would be just as much logic in holding that the members of the (congregation) when going to church were not required to comply with traffic regulations as in holding that the (congregation) ic«not required to make reasonable provisions for lessening of the traffic hazards by off-street parking.” Finger On Point The author then said the dissent put its finger directly on the most glaring inconsistency of the majority view when it said: "If it was a proper exercise of the police power for the city, by~ its zoning ordinance to require the (congregation) to comply v)ith the average setback line of the residences, which only has a very remote bearing on traffic hazards, a fortiori, it was a reasonable exercise of the police power to require (the congregation) to provide space for 25 cars to park off the streets.” The problem is an important one to every community, including Decatur, since even here two or three churches have been added to or built since 1954 without providing parking although some have provided adequate space.

The Buicks are coming. / Specials, Skylarks, LeSabres, Wildcats, \ I Electra 225’s and sleek Rivieras. The Buicks I \ are rolling again. ‘ / SEE YOU* LOCAL AUTHORIZED BUICK DEALE*. AUTHOR IZH) BUICK DEALER IN THIS AREA: ■ BILL ZOSS CHEVROLET ■ BUICK, INC. ’ms mm. «. ■■■' ■ ' tune in Cowell thomas and the news'-cbs radio

ZwiCK funeral 520 NORTH SECOND STREET > ''< ' > > The Same ■ Moderate Prices Zwick Funeral Homes facilities have changed, but THiosDtfi there has been no change in ■' •m? ■ our moderate prices. Now, as always, our services are available in all price ranges, designed to fit the financial « .cineeds Qf every family. 9 - 24 HOUR EMERGENCY AMBULANCE W SERVICE |||||||||||| /• » 'V fe El

TUESDAY, DECEMBER 1, 1964