The Springfield News-Leader from Springfield, Missouri • 37

9 M7on fitcgef Okayed rri, Feb. 23. 1982 37 Board Approves Bitter Family Suit Decided cu Gas sers' Refund Ordered vision date for payroll adjustments to precede budget adoption, and covering retirement plan possibilities; Improvement authorizations covering whiteway lighting installations on Grand from Gienstone to Kings, and on National from Sunshine to Seminole, in accord with the master street lighting plan. Two bases will be used in determining the refund which gas consumers will receive, as CU distributes the $394,510 which it received from Cities Service Gas Company following January settlement of long pending rate litigation. CU buys from Cities Service and sells to Springfield customers gas at several rates, generally 4 PLAN NATIONAL MEET State Sea.

Jack S. Curtis (center), Springfield Republican, was among legislators from 10 states attending a meeting In Fort Laoderdale. recently to plan the annual conference of state legislative leaden in Boitoa next October. President Kennedy will address the annual conference, which will alse be attended by former Presidents Eisenhower end Truman. Looking 'over the plans for the Boston program with Curtis are Sen.

Robert P. Knowles (left), Wisconsin, and Sea. George De-Stefano, Rhode Island. Also attending the sessions In Florida was Arkansas State Rep. Paul Van Dal sen.

conclude agreement with the State Highway Department on relocation of water mains on Sunshine, In accord with a "modified plan" which will result in reimburse-ment to CU in an amount approximating original estimates: Assignment of the board's executive commitee to make a study of CU's "personnel situation," looking toward selecting a single Con Talks IW0 on lemon The board will require, however, that no more than two persons be housed in any one apartment and that it contain no more than 119 occupants in all. Consideration of a 20-story apartment building at Elm and proposed by the Springfield Security Company, was postponed to the March meeting at the request of James H. Keet, attorney for the company because the City Council has 4 modified ordinance to consider. The board, at reduced strength because of the death of its member. Dr.

L. E. Pummill, passed a memorial resolution honoring Dr. Pummill. Density is the Issue involved In the changing of the character of the old neighborhood on Benton, former Springfieldian Kirby W.

Patterson said in denouncing the proposal for the eight-story apartment building on Benton. Density of the proposed building as planned is the reason why it couldn't be built anywhere in Springfield without variance, City Planner Shawnee Stewart said in a moment of explanation. Patterson's blast came after an explanation of minor changes in the proposal by Wayne Johnson, Springfield architect, and a further long talk and explanation by Donald LaMora, Colorado Springs architect speaking for the proposal. After Patterson spoke, David Plank, 1328 Benton, said he agreed fully with Patterson and told the board the area was long "an area of fine old homes." Mrs. Earl Harris, 1228 North Jefferson, Mrs.

Frank Vincent of 1337 Washington and Mrs. Luke J2J5 Jhen spoke in quick' succession: against the proposal. Mrs. Vincent and Mrs. Weeks were concerned about traffic and the safety of children.

Johnson indicated to the board the proponents had made a concession in eliminating front yard parking. He said it was intended that the apartment building hold 119 persons and that it have five studio apartments and six one-bedroom apartments on each floor. LaMora indicated the studios are for one person each and the one-bedroomers for couples. No children and no pets would be allowed. LaMora said the builders would aim for an average rental of $90 a month, expecting working peo ple.

With Drury, the Assemblies See HIGH-RISE, Page 64 Ft. Wood Soldiers Hi Get 3-Year Terms LEBANON (Special) Two Fort Leonard Wood soldiers accused of a cafe burglary have been sen tenced to three-year terms. George Moore and William James Truelove, both 18, pleaded guilty to charges stemming from a recent breakin at the McShane Cafe west of Lebanon. A third man charged in the case, Herman Harold Tolliver, 18, has asked for a jury trial. Two of the young men were arrested at the burglary scene, and the third was later taken into custody in a wooded area.

ii ii-: 7 Gets Extra Charge Driver Flees Police Chief A Springfield laborer stacked up an extra charge against him' self yesterday when he attempt- ecKto flee from Police Chief Sam Robards. Chief Robards said he saw 1955 Mercury driven by Estill Ray Wiles, 25. of 1836 North Barnes, speed south in the 2100 block North Grant about 1 p.m., and pass a stop sign at Broadway and Com mercial. Robards brought Wiles to a halt in the 2000 block North Broad way, showed the motorist bis badge and identified himself, and informed him that he was to be charged with speeding and exces sive motor noise. When the chief returned to his police car to radio another officer to come to the scene with a summons book.

Wiles drove off. However, he was brought to a stop again in the 2700 block West High by Officer Bob Davidson. He was cited for careless and imprudent driving, excessive motor noise and resisting arrest. Several cans of beer, two of them open, were found in the car, and Wiles apparently had been drinking, Chief Robards and Davidson said. Tire Firm Theft Charges Filed Against Youths The prosecutor's office yester day filed charges of burglary and larceny against John Frederick Strain, 17, of 752 North Grant, in connection with the theft of tires, cigarettes, and cash last October from the Anderson-Sea- ton Tire Company, 811 West Com mercial.

Young Strain recently was fined in municipal court for the theft of some batteries and wire from the Frisco, and was then questioned by police about other crimes. According to police, he admit ted numerous thefts in the past few weeks and said he sold the articles at salvage yards and picked up "gas money" so doing. The theft with which he is charged occurred before his 17th birthday, which was Dec. 28, and he had been in juvenile custody with regard to this matter. Yesterday, however, the juvenile court waived jurisdiction and the prosecutor's office filed the charge.

The Evangel College concert choir will present a program at 8 tonight in the new chapel as a feature of alumni homecoming. By Bishop Strecker divided into two classifications (1) firm supply and (2) interruptible supply. These latter customers, large industrial and commercial users, must provide standby fuels to which they are required to switch at periods of heavy residential demand. A division of the total refund among the several rate groups will be based upon the amount of gas used by each group during 1962. January February March usage will determine the pro rata share of individual residential and small business customers, who receive a firm supply, in the total refund.

Since those on a curtailable rate have in fact been using standby fuels to a large extent during the winter months, their refund will be based on usage during all of 1962. As Assistant CU Manager Claude Dickens computed it- City residential consumers, of whom there are 27,367, will re ceive a total of $173,553.90, or an average of $8.34 credited on their April or May billings. 5 Rural general service customers (mostly residential, but including some small business), numbering 2025, will receive or an average of $7.17. Commercial general service users, small businesses in the city, on a firm rate, number 3881, and will receive $59,562.42, an average of $15.35. General service commercial and industrial users (intermediate businesses, on an interruptible rate) number 84, will receive an average of $238.30.

Fifteen large industrial users will receive $79,724.37, an average of $5314.96. Fourteen large commercial users will receive 447,127.46, as average of $3368.28. Incidentally, operating fund expenditures approved by the board yesterday included $465,800 1 0 Cities Service for gas purchased between Dec. 23-Jan. 22 the largest monthly purchase in CU history.

CU-highway department dif ferences as to the amount which CU will be reimbursed for relocation of water mains on Sunshine, essential phase of widening the street, have centered on application of an "extended service life" formula required by the Bureau of Public Roads, a participant in the project. Estimated service life of cast iron pipe in Springfield's soil and climate is 250 years. The bureau asks credit, against the state-federal reimbursement to CU, for the length of time which new pipe presumably will outlast old pipe. Approximately 17,000 feet of See REFUND, Page 52 NLRB Election Set For Firm at Ozark A National Labor Relations Board election for representation of about 20 production and maintenance employes of Ozark Trailer, Inc. at Ozark, has been set for March 1.

The union seeking recognition is the Allied Industrial Workers (AFL-CIO)', Local 770. A date was decided upon yesterday morning after a conference of company and union officials in the federal courtroom. If Other Efforts Foil Okay in BRANSON (Special) Mayor Victor Peterson is willing to ask that the United Nations give Branson a water and sewage grant if funds are not available elsewhere. Peterson commented yesterday on an announcement by Rep. Dur-ward G.

Hall, Springfield Republi can, that the Department of In Fatal Crash Police Issue I Charge A citation charging careless and imprudent driving was issued by police yesterday to Charles Lee Dixon, 16, of 1523 North Wcller who survived a headon smashup on Gienstone in which two persons were killed Wednesday night. Dixon told officers yesterday he doesn't remember who was driving the car occupied by himself and Carl O. Clingan, 71, of 1522 North Welter, when it collided with an auto driven, by Mrs. Ronna J. Ellis, 29, of 2216 Boon-ville, in the 1300 block North Gienstone.

U--However witness rsaid he found Dixon slumped the driver's seat and Clingan on the passenger's side immediately after the wreck. Clingan and Mrs. Ellis were fatally injured. According to the witness, William Dunn, City Utilities safety director, the car occupied by Dixon and Clingan was on the wrong side of the street when the crash occurred. Young Dixon, recovering from possible chest injuries at Burge-Protestant Hospital, is to appear in Municipal Court March 1.

Holiday Sales Event In Springfield Today The Downtown Merchants Association today is sponsoring the annual George Washington Birthday sale, a traditional event which came here from the nation's capital. Art Marx, president of the association, In announcing the event yesterday, said most stores will remain open until 9 p.m. today. "Merchants are planning to offer many loss leaders in order to stimulate buying for this first major sale of 1963," Marx explained. He noted that more than 50 members of the association are cooperating in the promotion.

Trial on non-support charges against William Floyd Johnson, 35, Ash Grove, who was released yesterday on $500 bond, was reset for March 7. Johnson was arrest ed Wednesday on a warrant issued by Magistrate E. A. Barbour when the accused man failed to appear In court for trial. Request daughters of Mr.

Brinkman, was discharged as trustee. Irene Brinkman, another daughter who has been a home builder here, was given a $24,489 lien on the assets of the trust because of money of her own that she had spent in improving the trust estate properties. What is left after Irene has exercised her lien is to be divided equally among Rose Brinkman, Sophia Brinkman Black, Irene Brinkman, Ruth Brinkman Brag-ger, George Brinkman, Arthur Brinkman, and Alonzo Burgin, administrator of the estate of the late Elsie Brinkman Burgin. All named are sons or daughters of Herman Brinkman except Alonzo Burgin, whose wife was one. Judge Collinson ruled that title to real estate remaining in the trust estate will be vested in the same heirs, except that instead of Alonzo Burgin the one-eighth interest will be in the heirs of the late Elsie Brinkman Burgin according to the laws of descent in the state of Missouri.

Sophia Brinkman Black brought suit a number of years ago for termination of the trust and de manded an accounting. In trial of the suit Fred Brinkman lined up with her, while the others backed the claims of Rose and her ally Irene, except Burgin. The trial before Judge Collinson was a colorful one, supercharged with emotion, Rose and Irene being overcome at one time or another on the witness stand, and Mrs. Black being admonished more than once for giving voice to her feelings without being asked for them. In ruling on the case, Judge Collinson noted that when Mr.

Brinkman died the land was the sole asset of the trust and there were then 11 beneficiaries, including the widow. In granting Irene her lien. Judge Collinson noted that expert testi mony showed that Irene had paid for $33,000 worth of improvements, and that no evidence was pre sented that anyone but Irene had paid for such improvements. "Counsel for plaintiffs intimated." said Judge Collinson, "that these improvements were paid for from the trust estate, but there is no evidence that the estate ever produced income that could have done more than clothe and feed those living at home." It was Judge Collinson's finding that the money spent Irene was earned by her away from home. Judge Collinson found also that some of the things Irene did for the family were for "love." He ruled that she could be reimbursed for what she had actually paid for the improvements, but not necessarily for' their value at the time of taking by the state.

At the end of his opinion, Judge Collinson listed the improvements for which Irene could be reimbursed and the amounts. The judge noted that Rose during the proceedings had asked to be reimbursed for her services as trustee over the long period. Rose undoubtedly worked hard, said the judge, but he ruled that as a matter of law she cannot be reimbursed for these services. Damages from Rose had been sought by the plaintiffs for alleged mismanagement of the trust. Rose, he decided, was not quilty of any failure to rent the land or manage the property in a proper manner.

He denied the claims against Rose. Mishap Injures Greenfield Man GREENFIELD (Special) An elderly Dade County motorist was hospitalized yesterday after his car slammed into a tree southwest of Greenfield. William Orvel Jones, 79, Route 2, Greenfield, was admitted to the Lockwood Memorial Hospital with possible chest injuries and facial lacerations. Troopers said his 1947 Chevrolet coach was eastbound on U. S.

160, a mile and a half west of State 39 junction, when it veered off a curve and hit a tree shortly before noon. Jones told officers he blacked out prior to the accident. Freedom Awards Go-To DeArmond, Palmer Bob Palmer, Springfield Newspapers, cartoonist, is among three area winners receiving Freedom Awards from the Freedoms Foundation at Valley Forge. Pa. Fred DeArmond, 2043 South Scenic Drive, won a George Washington Honor Medal for a magazine article, "The Freedom to Choose;" and Joplln High School won an Honor Certificate Award for an editorial, "The American Creed," published in the high school newspaper.

Palmer won a $100 cash award and the George Washington Honor medal for his cartoon, "Elections," which depicted the loss of all freedom upon failure to vote. The Public UUliUei Board ac-corded unanimous approval to a 118.2 million budget (or fiscal 1963-64 yesterday afternoon, at an action-packed session which also included Board approval of a $394,510 68 refund to City Utilities' gas customers, to be made through a credit on April-May bluings; Authorization to management to After Hearing Pro, ise The Board of Adjustment at 11 o'clock last night authorized an eight-story apartment building at 1235 Benton by granting lot area, side yard and front yard exceptions to the Tom Flournoy Company of Colorado Springs which proposes to build the structure. AAA- Plant Looking Bonding Power Extension Plan Important Here A measure Introduced this week In the House of Representatives, the first of several designed to bolster Missouri's industrial position, could immediately benefit Springfield and Greene County if it is passed. Rep. Paul Canaday, Greene County Democrat, who is chairman of the House Industrial development committee, introduced House Bill 424, which would extend the present bonding authority for municipalities, permitting them to bond beyond the city limits.

The legislation would allow such bonding not only within the county where the municipality is located, but also in any adjoining county for the purpose of industrial development. Norman Hoeft, industry chairman of the Springfield Chamber of Commerce, who worked with Canaday in devising the bill, aid last night that the county aspect is particularly attractive to an eastern corporation Interested in. establishing a plant in this locality. Hoeft predicted that the measure will have the support of the Chamber. He is scheduled to go to New York March 4 to talk with officials of the corporation "which requires this type of legislation." He explained that the manufacturing concern wants to locate outside the city environs and large land use is an important factor.

If the bill is passed Springfield would have the authority to call a revenue bond issue election for placement of the company outside the city limits. The city would have no financial obliga tion or liability because the corporation would retire the bonds, but the municipality would have the power to execute the necessary agreements, Hoeft said. Springfield la one of the three "finalists" In the selection of a location for the industry, according to Hoeft, and the land use (county site) potential is a determining factor, he indicated "It's a top-flight company," Hoeft added, "with an AAA-1 rating, the highest financial strength a corporation can achieve." Hoeft said that Canaday's measure would open up a new medium of approach in financing industrial prospects, who in reality would assume the responsibility for debt retirement. Discussing the bill last night after returning to Springfield from Jefferson City, Canaday pointed out advantages to Greene County as well as to other areas in the state, Including southwest Mis souri. In the case of Greene County there not only are suitable sites within the boundaries, but the See BONDING.

Page St SMS Sophs Slated To Open TV Debate Charles Collins, Monett, and Larry Chastain, Sedalla, South west Missouri State College sophomores, have been lamed to represent SMS In a nationally televised debate tournament Collins and Chastain will meet a team from Emporia (Kan.) State College In the first round of the debate Saturday. Emanating from Springfield, the debate will be carried live by station KYTV at 12:30 p.m. The winner Saturday will ad vance to the second round against a' team from Ohio State Univer sity. Sixteen teams will compete. A Parkview High School student has been elected Region 11 trees urcr of the Missouri Future llomnmakers of America.

She Is Sherry Johnston. The region In eludes 28 towns and communities. Mcljusfors fin i iit IrdlgfM! Circuit Judge William rVCollin- son yesterday terminated the trust estate of Herman F. Brink-man, who died In 1920, and ordered a division into eight parts of the $44,800 awarded to the trust estate in the Kansas Avenue condemnation proceedings June 6, 1960. Rose Brinkman, eldest of the With 'CHf Auto Police Arrest Two Brothers Two brothers were jailed for car theft yesterday after police found one napping in a reportedly stolen car and located the other in a Springfield home.

About 4 p.m., Officer Ken Roach spotted a 1952 Ford parked in the 900 block East Pythian and recognized it as a vehicle which Nodaway County authorities re ported stolen from Burlington Junction, northwest of Maryville. Sleeping in the front seat was a 33-year-old welder who resides on Route 4, Seymour. While Officer Joe Baker held him in custody. Roach went to the door of a nearby home and questioned a woman, learning the Seymour man's brother was in her kitchen. He also was arrested after admitting he had been driving the car, but denied theft of it.

The second man, a 43-year-old trucker, said he had been given the keys to the auto, plus $1.42, by the owner, identified by him as Emmett Russell of Burlington Junction. He claimed Russell told him to drive the car wherever he wished, so he and a friend he knew only as "George" left Nodaway County last Tuesday night. He said George became upset with him because he wouldn't let him drive, and got out of the vehicle in St. Joseph. The Sey mour man said he then drove to his home.

His brother the fellow found napping in the car was not with him at the time he took the vehicle, he told Officer Roach. The man added that he came to Springfield to see his former wife, who lives at the Pythian address, and was trying to per suade her to leave with him when he was arrested. Shortly before 6 p.m. yesterday Officer Jack Cowens received word from Nodaway County Pros ecutor Ray Ecklesdhat car' theft warrants Would" be issued for each brother. The owner of the car and the Nodaway County sheriff will leave for Springfield this evening.

Most School Students Have Required 'Shots' About 95 percent of the Springfield public school students have completed the required immunization for diphtheria, polio, and small pox, according to school officials. Meanwhile, the school principals are completing reports of im munization status of the students to be consolidated and reported to the Missouri Division of Health. State law requires all children to be immunized in order to attend classes. School superintendents are to make annual reports to the Division of Health. A department head at the Missouri School of Mines at Rolla since 1946, has been named head of the department of metallurgical engineering at the Colorado School of Mines at Golden.

He is Dr. Albert W. Schelchten, 48, head of the MSM metallurgy department. from throughout the world who were not Catholics. "It's a far cry from 400 years ago," said Bishop Strecker from his knowledge of history.

"Four hundred years ago we sat down to quarrel. Today we sit down to love each other." Bishop Strecker had praise for a number of the Protestant "observers" for their alertness. He found some of them on a par with the Catholics in understanding of Latin. He also noted that a Baptist leader from South America was an authority on certain Catholic procedures. "Just remember that we too are working and praying," he quoted one of the Protestant "observers" as telling the bishops.

With regard to the desirability nf th Amorirnn Irlna nf Pnnriu Strecker said it was evident at the Rome meeting when religious leaders would appear from countries where the state religion was Catholicism or from others where Protestantism was a state religion. The Americans were different, and he liked it. Bishop Strecker told the Lions that the development of "unity among all Christians" Is a matter of the greatest concern to Pope John, and one of his reasons for calling tho conference, though there wert others. fo U.N. Branson Health, Education, and Welfare had turned down a request bv the Taney County town for as-1 sistance in the utilities project.

After HEW notified Hall that there were "no funds available" for the Branson project, the congressman said that he might suggest that the town go to the United Nations for aid. Mayor Peterson said, "We would be happy to apply to the United Nations if there were an opportunity to get funds." Branson officials wrote to Con gressman Hall and Senator Stuart Symington a short while ago ask ing for help in obtaining about $79,000 for expansion of the sewage treatment plant. A request had been turned down by the Federal Housing and Home Administration for the funds because the agency's appropriations for such projects had been distributed. A similar request was then made to HEW, Last June, Branson voters approved the issuance of $140,000 in bonds to pay two-thirds of the cost of the combined sewer-water system work. The bonds have not been sold.

"This comes as a complete sur prise," Peterson said. He had received no word from HEW on the request "We will go as far as we can with our own the mayor indicated, but the sewer plant expansion "would have to be first." "We haven't given up hope for assistance yet, we still think it will be forthcoming but it will be a little longer," Peterson said "If funds are available we will get them. I believe there will be an agency that will have in creased funds available. We will keep trying until we get them." Work on the project could begin 60 days after notification of grant ing of federal aid, he said. "I'm most happy Congressman Hall is presenting our case in this manner because I think he's right.

Not only our community but several others are in the same position, Peterson com mented. In his statement. Hall said the special fund for projects sponsored by the U. N. is little more than another foreign aid program for the American taxpayers.

He pointed out that the United States pays about 40 percent of the fund, and that it has no controls over how the fund will be spent. Hall declared that much of it is being spent for projects in Communist countries, and the one nuclear research project sponsor ed by the organization is in a Communist country. The U. S. pays $29 million to the fund while Communist nations pay about $1.7 million.

Hall said. "It is a reflection on the policy of our government when we provide 40 percent of the funds for projects in Communist countries, and yet a small community in the Ozarks cannot be provided needed funds for a water and sewage project," Hall said. Although suggesting that Branson might have to apply to the U. N. for the funds, Hall expressed doubt that the town would get the money from this source.

Hall said, "Cuba, si, Branson, no, seems to be typical of our State Department." Accused Check Writer Gets Hospital Care A 46-year-ola Walnut Grove man, recently appearing in court on various check charges, has been admitted to St. John's Hospital on an Involuntary commitment order from Probate Court. Harold P. Smith, Route 2, Walnut Grove, recently received a suspended sentence resulting from an insufficient funds checks charge. Another charge was dismissed In magistrate court Wednesday by Assistant Prosecutor Dave Anderson.

Parker Moon, Smith's attorney, says that Smith is mentally ill and has "illusions of grandeur" which cause him to write bad checks. Church-State Way in America Need of World, Clubmen Told "The situation of church and state in America is the thing for the world," Bishop Ignatius J. Strecker of the Springfield-Cape Girardeau Catholic diocese told the Springfield Lions Club yesterday. "It Is the one thing," he declared, "that will allow harmony and unity at the same time. It involves complete liberty of conscience.

It could bring a certain amount of peace to the world." Bishop Strecker asked the Lions, many of them Protestants, to stop and think of the things In which they believe, such as the birth and redemption of Christ and that He is the son of God. "We accept much more in unison," he told the clubmen, "than we differ on. We are all Christians." 0 'hi A The bishop noted that symbo.fyon of church and state Bish0p 1 1 lism, such as In the Use of robes, has been growing in the Protestant church. "It helps with devotion." he said. "It helps in better expression of the relationship to Al-mlchty God." Bishop Strecker recently attended the ecumenical council called by Pope John XXIII In Rome, There are some 2800 Catlwllc bishops in the world of whom more than 2300 Were there.

Also present were some 38 "observers'f sum rwto KIFW TOP IflKK IKI rMray tp signs (above) are now la at the MUT? JIW1 JIVJMJ Nntlonal-Chfrokee Intersection, according to Trnfflc Engineer Jim DawaUhy. The new sign conform to the uniform traffic rode, la that Uw "four-way" designation It located below the "stop" sign- The ear shown here Is headed cant on Cherokee. Si. John's Hospital Is In the background, Richard A. Murray, 21, of 1308 North Robberson, accused of making a false report to an officer, yesterday was sentenced to 30 days in the county jail.

The charge was filed In connection with a strong arm robbery report made to police Dee. 27. 1 4 I.