The Courier-Journal from Louisville, Kentucky • Page 12

frnt" ,0 iy 4 jf w' My'it'' W1lr 12 THE COURIER-JOURNAL, LOUISVILLE, KY. SATURDAY MORNING, SEPTEMBER 8, 1956 SECTION 1 1 Clay Crowd Justice Minion Planning To Retire on October 15 Halts Negroes 36,672 Attend Fair's First Day At School Continued from First Page the lower federal courts for Continued from First Page a il I 4 Minton's successor. attended Sturgis High Thursday Especially is that the case be due to fall skinned knee toothache headache and tired earache sore throat fainting spell." About 300 diners were served but failed to report today, cause Minton was the only one Continued from First Page were former Governors Flem D. Sampson, Keen Johnson, Earle C. Clements, and Lawrence W.

Vetherby; Republican senatorial candidates John Sherman Cooper and Thruston B. Morton (who alleged to have said her father had been threatened with th of nine justices who had had loss of his job if she attempted any previous judicial experi in the Fairgrounds restaurant in 2 hours around noon. About to continue to attend the school ence until Eisenhower appointed She was quoted as saying 6,000 were reported fed in the are opposed tnis isovemoer dv John M. Harlan, who had guess I'll go back to school Mon Senator Clements and Wether- cafeteria in its first 8 hours. -J year's experience on a lower Decorations are not complete day." An estimated 500 additiona federal court Even Warren had never sat as a judge before he was made Chief Justice.

guardsmen from the Bowling Green and Russellville area were being summoned to their units over the weekend. They By contrast, Minton was on welfare measures to be uncon stitutional. Another was that he had in-troduced in the Senate a proposal to make it a felony "to publish as a fact anything known to be false." Publishers of the nation's newspapers were in full cry against Minton when he offered his proposal. Some of the antagonism reappeared during the hearing over his appointment. But he was confirmed with little trouble.

Finds IJis Only Outlet on the court, Minton was unable to repress his interest iit partisan politics, although none ever accused him of letting that interest interfere with his judicial duties. Shut off from active participation in political affairs, ha found his only outlet in calling friends still actively engaged in them and chatting about current races. His interest bubbled out publicly on his return from a European trip August 21. At that time he told reporters he hoped Adlai E. Stevenson would be the U.

S. Circuit Court of Ap peals for eight years, an assign- will be taken to Camp Breckin ment Roosevelt gave him a year after his defeat as senator from ridge, near Sturgis, to stand by for any trouble Monday. The guard's headquarters and service Indiana, company in Louisville was being 111 health is Minton's reason for leaving the court. Pernicious anemia is his ailment. It is one by); Senator Robert Humphreys, Third District Congressman John M.

Robsion, Mayor Broad-dus, and County Judge B. C. Van Arsdale. The Kentucky Chamber of Commerce held a luncheon after the ceremonies. Later the C.

of C. dedicated the 5-aere Exposition Building. C. of C. President Barney A.

Tucker, London, gave the dedicatory talk. At the same time about 150 Trigg Countians paid tribute to Fair Board President Smith Broadbent, Cadiz, the Trigg County seat. Watkins Praises Project Mayor J. R. Watkins of Cadiz said the Fairgrounds, built under P'air boards headed bv Broad- in (he restaurant, and temporary tables and chairs were used.

But service captain Emmett Marr said: "Everybody seemed to go along with us. And they say the ood is wonderful." Fire Alarm Is Sounded Several City fire trucks raced through the Fairgrounds shortly after 2 p.m. An alarm apparently had been sounded from the show-horse barns, but no fire was found. Fire Chief John Krusenklaus said he didn't know whether it was a deliberate false alarm or whether there was a mechanical error in the alarm system. transferred to Sturgis.

Woman Turned Back Mrs. Francele Armstrong, ed that does not incapacitate him but as he describes it: "It nib bles away at your vitality until tod of the Henderson Gleaner you are not able to carry a full and Journal, was one of the first to reach Clay. She was car load." Recalls 'Certain Justice rying a camera, but reported that a burly man approached her and said: 'I can keep on doing my full share of the work," Minton said, elected in November. "and the Chief Justice and "Lady, you ain't going to take Fair superintendents geiieially other members of the court told Courltr-Journtl Phots 50-CALIBER MACHINE GUN is loaded into truck at National Guard Armory in St. Matthews hy members of Headquarters and Service Company of 240th Tank Battalion.

Company was ordered yesterday to Sturgis, scene of school-integration disorders. From left, Lt. Herman M. Kessler, company commander; Pfc. Kenneth Holbrook, Anchorage; Sgt.

Joseph L. Miller, 212 N. 38th; Sgt. Robert P. Baumgarten, 3718 Marvin.

me they saw no reason for me any pictures. We got women in this crowd who'll take it away from you and smash it. And as far as that little squirt with you were enthusiastic about opening day. Mrs. Ruby Furnish, superintendent of textile displays, to retire.

"I have great confidence in Stevenson," he said. "I think he's a very able man." Expression of Admiration As a result of criticism voiced because of a Supreme Court said she was "just thrilled to (referring to a newsman with her), we'll beat him up. "But I don't want to sit here unless I know I can keep on doing my full share. I certainly don't want to be in the position of a certain justice, years ago, death." Exhibitors 'Highly Pleased' Mrs. Armstrong called State justice airing his political views.

She said her exhibits, twice a court aide explained that Min who got so senile that a commit Minion Still 'Shay Around New Albany 100 Guardsmen Here Arc Sent To Sturgis Continued from First Page police and asked for protection She quoted Don Sturgill, act ing commissioner of public safe- tee of his fellow justices had to as numerous as last year, had drawn numerous compliments and exhibitors were highly ton was not advocating Stevenson's election, but merely was expressing admiration for him. urge him to get off the bench Actually, under the reorgani pleased. ty, as saying, "I'll give you all the protection I can with three men, which isn't very many zation plan adopted at the end of the bitter "court-packing" High-school bands played and Minton came to national office from the rough, tough political school Indiana Democrats con bent, "means more to Kentucky than anything that has happened since Daniel Boone once traveled in these woods of ours." Broadbent was presented an electric razor by Cadiz businessman Luther Thomas. The Trigg Countians, including the County High School band, came to the Fair in a caravan of chartered buses and about 15 automobiles. Crowd Cheerful, Patient Yesterday's Fairgoers seemed cheerful and patient despite the confusion Fair officials had realistically predicted.

Many hundreds of people didn't know, for example, where to get tickets for the Big Top Circus, and there were no signs to direct them. Public-address systems were used to try to inform them. "We don't know how to handle crowds," Fair director H. Clyde Beeves acknowledged, "but we'll fight of 1937, justices remain on The company was formed last September by the merger of two units of the guard's old against a crowd of 150. No Arms Seen drilled in front of the Coliseum for about 4 hours after the opening ceremonies.

ducted under Paul V. McNutt. duty even after retirement. Spokesmen for the crowd Minton will continue to receive his $35,000 salary at New 149th Infantry. Kessler, 3300 Grandview, has many of them women said they Of 18 bands that competed Indianapolis, John Minton, an art instructor, and Mrs.

Mary Ann Callanan, wife of a dentist in Washington, and seven grandchildren. Mrs. Minton is the former Gertrude Guitz, of New Albany. Some of her most intimate friends believe "she always commanded the company since Continued from First Page too young to pronounce "Sherman." 'Home' Last In 1934 Minton's last public appearance in New Albany was as toastmaster at the high school's centennial banquet in 1954. Speakers told a few tales that night about the Supreme Court were armed, but none of the before the wages, these 12 were Albany.

While he probably would not be summoned to service on the Supreme Court, newsmen entering the small com given superior ratings: February. He is manager of the office-furniture division of Standard Printing Company and munity saw weapons of any type The New Dealers were sweeping all before them when Minton defeated Republican veteran Arthur R. Robinson for the Senate in 1934. In the Senate, Minton backed every New Deal program. "Of course, I'm a New Dealer," he said.

"I would ba ashamed not to be." No one was more vigorous he might well be given tem among the stern-faced group. porary assignments at his old post on the Circuit Court of a graduate of the University of Kentucky, where he had two Beaver Dam, Carhpbellsville, Central City; Glasgow, Greens-burg, Harlan, Harrodsburg, Hartford, Monticello, Morehead, Old Governor Chandler said he was prepared to place Sturgis under martial law if conditions war ranted. ham County, and Trigg County. Justice's misdemeanors when he was a high-school student, and Minton himself recalled some years of R.O.T.C. training.

Woman, 23, Charged In Louisville for the opening The 18 bands shared equally of the State Fair, the Governor than he in criticizing the Supreme Court during the 1937 Police had a hard time keep- in the $1,700 premium money. more. told a radio interviewer "if they With Einhezzleinent In? vehicles out of restricted fight. (the crowds) think they can Benson 'Assails In a more serious vein, he paid tribute to the teachers who had encouraged his liking for He failed in his fight for re Miss Mary Lois Anshutz, 23, wait us out, they're wrong." Street Blocked election in 1940 and served as a presidential assistant at the White House uoiil Roosevelt ap liked New Albany better than any other place, and always will." When Minton was sworn in as a Supreme Court justice, the spectators included a delegation of 92 from New Albany. Some of those friends, who visited him in the capital later, quoted him as saying "I never worked as hard in my life as I'm working now." In New Albany yesterday, the unanimous verdict was: "We're glad they're coming home." of 1121 Highland, surrendered to police last night on a warrant Appeals.

Two Issues Raised Always a controversial figure during his six years in the Senate, Minton encountered some opposition to confirmation when his old Senate friend, Truman, appointed him to the Supreme Court in September, 1949. Two issues were raised against him before the Senate Judiciary Committee. One was that he had given ardent support to Roosevelt's plan to "pack" the court after it held a number of New Deal A ariculture Plank c5 history, civics, and debating, while they condoned or at least The Clav throng blocked off charging her with embezzling S2.672. pointed him to the Circuit Court of Appeals. the street leading to the school, situated at the top of a small The warrant was sworn out hill.

They sent a group of 30 men to the bottom of the hill to areas. Rough, Says Policeman Asked how it was going for him, industrial policeman Robert Greer exclaimed, "Rough!" He tried, often in vain, to keep cars and trucks off a path between the horse barns and the Coliseum. Fence builders were still erecting a wire barricade arounfl the grounds as the Fair began. They were to complete it at least in temporary fashion by the end of the day. Studied L'ndVr W.

IL Taft Minton himself, when report Thursday by Stan C. Thomas. tell newsmen: Chicago, general manager of Spiegel, Inc. Thomas alleged in were current in 1949 that ho tolerated his condescending attitude toward botany, English poets, and Latin. For the first time since he started his public career, Minton failed to spend a vacation in New Albany this year.

Instead, he and Mrs. Minton toured Western Europe. The Mintons have three children, Dr. Sherman Minton, of Of Democrats Chicago, Sept. 7 (U.R) Agriculture Secretary Benson said today the Democrats are "heartbroken" because "the farm revolt they tried to foster never got off the ground." He charged that the farm plank adopted at the Democratic might be appointed to the "If you try to get up that hill Supreme Court to succeed Wiley to see what is going on, you the warrant that Miss Anshutz look the money during a 10-month period as office manager may not get of the telephone shopping serv Rutledge, expressed doubt because of his part in the 1937 fight over the court.

However, Truman gave him tho The newsmen were ordered ice branch here. out and the crowd sent motor In Night Court, Miss Anshutz 12-Day Walkout Apparently Over at American-Standard Continued from First Page their refusal seemed to "threat- Pinbulling Muilmui was released on $500 bond for grand-jury action October 4. Minton graduated at the head cycle riders along with them to see that they left the city limits. State police at one time feared that four newsmen were missing of his class at Indiana University National Convention is "a cynical, pessimistic document" and that Adlai E. Stevenson's agriculture policies in 1915.

He went to Yale on a Carpenters Local 2971, said the en the jobs of 2,500 people in the scholarship and studied under Six Charged Here With Drunken Driving brass division." imam Howard Taft. former President and later chief justice. new agreement provides lor wage increases ranging from 12 to cents an hour, retroactive to April 23. Six men were arrested yester A Protestant himself, Minton A workman said he saw a dozen youngsters get in free by the fenceless route. Half a dozen forlorn children were lost by midafternoon.

They availed quietly for familiar faces at one of the American lied Cross' two first-aid stations. Many Get Treatment Many persons went to the aid station for treatment. Several had blisters. Medical reports showed these other complaints: "Cramps in legs abrasions married a Roman Catholic, tha day on drunken-driving charges. Police listed them as Roy He said the agreement also "The (strike) committee, even though they still are of the opinion that they should not be signing party to such a program, did reconsider.

And some of the main objections were made more palatable by the company's aims former Gertrude Gurtz. Beard, 34. of 1124 S. First: Phil Chief Justice Warren ex- ly unsound. "The opposition says we have forgotten the farmr, but the truth is we have adopted programs that will reverse the drift towards a socialized, tightly regulated agriculture," Benson told the National Federation of Republican Women's convention.

Burns His Burdens Cleveland, Sept. 7 A 19-year-old letter carrier on a rural route out of Medina admitted in Federal Court today that he had burned 50,000 pieces of mail since last April because the time taken to deliver them would have taken up the time he had set aside to play pinball machines. The defendant, Richard House, Medina, pleaded guilty to willful destruction of mail. Judge James C. Connell deferred sentence pending a report from probation officers.

includes an increase in the wage differential for the second and third work shifts, notices for lip A. Buckman, 42, of 626 Ced pressed his regret at Minton's in the town, and broadcast an alarm. All, however, were found safe. This correspondent and Bill Burleigh of The Evansville Press, Evansville, reached the schoolhouse later in the afternoon and walked past the crowd. Nothing was said and both were allowed to leave after talking with State police officials at the scene.

But a woman and a man listened to their phone conversation, made from a downtown drugstore, and then two men retirement. ar; Donald L. Jones, 25, of 641 Mix; Gervis M. Keel. 27, of 641 both permanent and temporary and intentions, prominent among 'The court loses the services which is that the union commit S.

Second; James W. Sapp, 35, layoffs, posting of job vacancies, improved working conditions. of a splendid justice and the members the daily association of 4023 S. Third, and Lewis E. and seniority adjustments.

Nicholson, 54, of 5354 Dixie Highway. Schuler said the carpetiters tee has been given a satisfactory company interpretation as to how our group workers will be affected and dealt with under the new plan," Schuler said. a valued friend," Warren said. "I trust that his well-earned retirement will soon restore him to his usual strength and vigor." changed their position on the City police arrested six speed job-evaluation program when ers. State Studies Whether Martial Laiv Is Legal followed them as they drove about the town.

Mrs. Irene Powell, principal of the Clay school, said a Negro family had informed her that thev would enroll two of kygt Eass velvet ciip.cap pr 'm 1 plus ax 398 rzPwJ if im 'if Complete and utter I A I ir fc A I lighter-than-air clip-on cap Vi 1 I hW frivolity shimmering I ft A Continued from First Page to combine to make martial law legally impossible. Section 22 reads in part: The military shall, in oil cases and at all times, be in strict subordination to the civil power There follow some of the legal factors that make military power inferior to civil: Section 75 of the Constitution makes the governor the commander in chief of the State militia. But the Court of Appeals has ruled that his power is civil, not military. the Court of Appeals February 14, 1911, is perhaps the leading case on the unqualified control of military force to preserve law and order.

This case grew from these circumstances: Without request from the local authorities, Governor A. E. Willson sent the State militia to Caldwell County to quell trouble arising from night riders and tobacco warfare. A Sergeant Franks arrested a citizen by the name of Smith. Smith sued the sergeant for false arrest and obtained a judgment of $1,000.

The high court affirmed the judgment. their youngsters today. She said that word got out and this morning an orderly crowd had gathered. Car Is Rocked The crowd stopped the Negro students, riding in a car, a block from the school. It turned back.

Not until a newspaperman arrived on the scene did the crowd begin to make threatening gestures. One newsman's car that had reached the top of the hill was rocked, but he got away before it was overturned. One member of the mob shouted: "newTall colors. "OV 9'd' 71 Power Given Governor It said the military is so definitely subordinate to the rivil pseudo pearls, Jt coffee or eacock Mai! sX AX I sparkly rhinestones. if I Section 61 .240 ot the Kentucky that a militiaman with the dow- 1 i 1 1 Jewefry-Sfreef Floor er of arrest is subject to the same standards of conduct as a peace officer in ordinary times.

Written by Leading Jurist Revised Statutes empowers the governor to order all or any part of the militia to any part of the state "to preserve law and order." 11 I "This is a good white town and we're going to keep it that way. If the National Guard and State police are brought in, we can take care of them." Sturgill said State police would be sent to Clay tomorrow. Truman Plans Not To Campaign i ii This section gives ernor two choices: the aov. Tnis Pinin was written by Judge John D. Carroll, New Castle, one of the createst iurisfs First: he may direct his com- of the Kentucky bench.

Hi find-mander to report for orders to ings included these points: 8 I ffl fl fl Spotlighting Fashions Where Unpopular Lj jB,) IUI the local circuit judge, the sheriff, the County judge, or the mayor. Second: he may issue his own orders to the commander, thereby bypassing local officials. There is nothing in this section, or elsewhere, which says that the governor cannot order out the militia except upon request of local officials. Can't Take Initiative But, even though the law gives the governor clear-cut authority 1. The governor has unquestioned power to order the militia into active service at any time or place.

He need not wait requested to do so by local authorities. 2. The governor then may direct and control the militia through military channels independent of local authorities. Or, if he chooses, the governor niay direct the militia to take orders from local authorities. 3.

The governor is the snip Washington, Sept. 7 (JP) Former President Harry S. Truman advised his fellow Democrats today not to send him campaigning this year in any areas where he might be unpopular. Truman and Paul M. Butler, national Democratic chairman, 5 disclosed this to newsmen.

Truman told reporters: "I've told 'em (managers of Adlai E. Stevenson's presidential campaign) not to send me to mL I Scaler Special to dispatch troops about the judge of military intervention, state, it gives him very little and he is not answerable to any witnin tne community itself, as power except public opinion, a case cited hereinafter will Ma Military Fnrn show. The military cannot take miMr orce the initiative at all. 4. The Constitution directs the Section 37.240 outlines the re- governor to preserve peace and anyplace.

where I would do them any harm." Truman was asked to name regions where he thought he lk: BOYS' AND GIRLS' boxer 11 sponsibihty of the commander, quiet in the state, and to this he but only after he has received may use all the military force at his command. might not help the Democratic ticket. He said he doubted if he would be effective in such communities as "that little place in Tennessee." He referred to Clinton, where there have been racial his assignment from civil authority vested in the governor, or any of the four specified local officials. It reads: disorders over school integration. Truman is a strong civil-rights I corduroy i I 100 ORLOM SWEATER M0tf stripes, ploids or 1 with chie moek-tortlt neck, 'Weed effeC'S- CleVr Push'uP I -If back patch pockets, Soft, hi-bulk orlon in 1 )J MSifk elasticized waistband.

white, grey, black or JZtf Sizes 3 to 8. cinnamon sizes 34 to 40. 'H Cmtn' ihomrd floor iiiiiniW mlL mi nn 1 nun 'ln -Miriii(-l 5. In the exercise of these powers, the governor acts as a civil officer, not military. 6.

The military cannot take the initiative or assume to do anything independent of the civil authorities and it must be all times subordinate to the civil uthorities. 7. A soldier, like a civilian, is lnble to suit and prosecution in the civil and criminal courts of the State, the same as an other citizen, if he violates any of the laws of the Slate. oVl civil officers may direct the specific object to be accomplished by such military force, but the tactical direction end disposition of the troops end the particular means to be employed to accomplii-h the object shall be IcU solely to the of the Kentucky active Frank vs. Smith, decided by advocate.

Colorado Executes Father of 8 Canon City, Sept. 7 (P) Besalirez Martinez, 44, father of eight children, died in the Colorado gas chamber tonight for -the 1954 slaying of a tavern owner, Perfccto Chuz..