Indianapolis Times, Indianapolis, Marion County, 17 December 1942 — Page 11

REVERSAL SEEN | Heads Chapter ON FLAG SALUTE

¢ Supreme Court Court May Upset . ‘Ruling Which Supported | ‘Ouster of Pupils.

WASHINGTON, Dec 17 (U. PJ).

PLANE SURVIVOR TELLS OF CRASH

To Prevent Fire In the Cabin.

FAIRFIELD, Utah, Dec, 17 (U.

sv EAN E844

Legal groundwork was laid yes3erday for possible reversal of a two-year-old supreme court decision at pupils could be expelled from ublic schools because they refused to salute the United States flag, even though their religious scruples barred the salute. 1 This was done with the filing in

the high court of an appeal from |, » lower court ruling contrary to the|

Supreme court decision. + The controversial high eotural Yecision of two years ago, known the Gobitis case, found ‘the: triMunal split eight to one. Chief Justice Harlan F. Stone dissented in a forcefully worded ‘opinion. «Since then, three of the jurists on the "majority—Justices . Hugo IL. Black, Frank Murphy and William

©. Douglas—have said in another|

.case¢ that they believed the Gobitis decision ‘was wrong and should be Seversed.

ee Jackson View Unknown

Thus, of the present eight-man burt, at least four members are own to favor reversal of the Go- , decision, . "~The position of Justice Robert H. ‘Jackson, who was not on the bench hen the Gobitis case was decided, «known. . Presumably, Justices Felix FrankJAurter, Owen J. Roberts and Stanley ‘Reed still believe in the Gobitis ruling. The new appeal is from a threedge federal court ruling which ld invalid a West Virginia state hoard of education order requiring Walter Barnette, Paul Stull and Lucy McClure, members of the JeDovah’s religious sect, to. salute the Hag. Tenets of that sect do not per‘mit the salute.

: BRITISH SUB OVERDUE

i: i LONDON, Dec. 17 (U. P.). — The Rdmiralty announced last night that the British submarine Unbeten is Mwerdue in port and must be conRidered lost,

James Angelo

James Angelo has been named president. of the James Whitcomb Riley chapter of the order of A. H. E. P. A. Others elected include Gus Pappas, vice president; Jess Zilson, secretary, and James Velonis, treasurer, Appointed to the board of governors were James Katsoulis, George Geroulis, Chris Zilson, Nick Hronis and Peter Costas. The local A. HE, P. A, an organization of American citizens of Greek extraction, has been allotted a quota of $200,000 in a national bond sales drive.

P.)—A. F. Gardner, 23-year-old marine lieutenant, told from his {hospital bed today how he tried to quiet a dying passenger ‘after a Western Airlines transport crashed -tfor fear his struggles would ignite gasoline fumes. | Gardner, whose home 1s at Davenport, Iowa, and Robert V. Mallett, Springfield, Ark., were the only * survivors ‘among the four women and 15 men aboard the big transport which smashed up on the mud flats of Cedar Valley yesterday. Attendants at a=Lehi, Utah, hospital’ where Gardner and Mallett were taken said Gardner was recovering fast, but that Mallett remained unconscious, although expected to recover. . Describing the scene amid the littered wreckage of the big ship where He and Mallett shivered for seven hours before rescuers arrived, Gardner said: “The fellow next to me was kicking and I*told him to stop because I was afraid a spark would cause gas fumes that filled the shattered cabin to explode.

“We remained in the cabin all

SLAYER SENTENGED

10 2-10-12 YEARS

PLYMOUTH, Ind, Dec. 17 (U. P.) —William Louis Tucker, 28, con-

victed slayer of Herman Scott, 31 Mishawaka, today was taken to the Michigan City state prison where

he will serve a 2-to-21-year term.

Tucker was convicted of voluntary manslaughter last night by a Marshall county jury and sentence was pronounced: by aJudge John W. Kitch. The jury returned. its verdict after deliberating three hours. Scott was slain last Aug. 1 as he was sleeping on the porch of a friend’s home in South Bend. The eénraged over Scoit’s attentions to his

state charged that Tucker,

wife, killed Scott with a shotgun.

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thrown into the front of the cabin apparently lived a little while and| we heard their groans for a while.” Gardner, who suffered .a .fraetured right leg, thanked a ‘safe ety belt for saving his life. A marine corps pilot, he said he still ‘was trying to reconstruct clearly in his mind what happened’ to causé the He said. the plane had left the Salt Lake City airport in a normal manner on its flight to Los Anageles and that passengers were just settling in their seats. All of them

in the transfer of the Japanese from the West coast to the interior, will speak this evening at the mid-week service in Church.

College of the Bible, Lexington, Ky., is a director of church maintenance for the United Christian

THEME OF LECTURE]

William R. Holder, who assisted the Third : Christian

Mr. Holder, a graduate of the

CONGRESS GREETINGS

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WASHINGTON, Dec. 17 (U.P) —

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he said.

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a wing tip had struck the edge of a cliff” he said. “Thirty seconds later, it crashed. But before the crash my air made me fasten my safety belt. 7

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