Bennington Evening Banner, The (Newspaper) - August 11, 1956, Bennington, Vermont Founded 1903 Bennington f YEAK NO FIVE CENTS Banner BENNINGTON VERMONT SATURDAY AUGUST 11 1956 WEATHER Mostly sunny today Partly cloudy tonight witli a few showers north portion Sunday partly cloudy with scattered thunderstorms tle change in temperature Sunrise Sunset They Say There's a Drive on to Collect from the Red Sox Fans to Pqy Williams Fine Firing Line Springfield Says He Understands It's Being Handled by Salivation Out Of Court Accord Ends Lengthy Case The case of Norman C hardt vs Polygraphic Company of America Inc pending before Judge Gibson in the United States District Court for the District of Vermont has been settled out of court it was revealed Friday ter years and en hearings in the Federal Courts The amount of the settlement ure was not disclosed The long legal battle which reached the United States Supreme Court began i n February of 1954 The suit was brought in Bennington County Court It was transferred to the Federal District Court o n motion of the defendant the Poly- Company A decision by Judge Gibson in favor of Bernhardt on the company's motion to stay the trial led to an appeal which was heard by the Federal Circuit Court of Appeals sitting in N e w York in December of 1954 When the Circuit Court reversed Judge Gibson attorneys for hardt petitioned the Supreme Court of the United States for a of Certiorari The petition was granted in May 1955 and after the filing ol briefs and hearing oral ar- gument by the lawyers for both sides the Court in an opinion ten by Justice William O las upheld Judge Gibson and re- manded the case to the District Court Further appeals by the company resulted in another hearing before Judge Gibson in Brattleboro i n May of this year and a second argument before the Federal cuit Court last month Bernhardt's suit alleged that in October 1953 the Polygraphic Company dismissed him as super- intendent of its North Bennington plant without good cause while his contract of employment still had two years to run The company denied the tion ana sought to enforce a clause in the contract stipulating that all disputes arising under the contract must be submitted to artitration In ruling for Bernhardt both Judge Gibson and the United States Supreme Court upheld Bernhardt's argument that Vermont Law er than Federal Law governed the question of arbitration Vermont jurists have consistently refused to enforce arbitration agreements against an unwilling party and contract disputes arising in this state have traditionally been r e- solved by jury trials in the courts of Vermont the lawyers ed The legal issues involved in the dispute are of wide-spread inter- est to lawyers throughout the country The case has already been cited in a number of subsequent sions in the Federal Courts and has received considerable attention in legal periodicals law journals and reporting services One of the latter recently com- that the dispute was ably the most important case on jurisdiction and procedure ed during the recently concluded term of the United States Supreme Court Polygraphic Company of ca was represented by Joseph Mc- Namara and Guy M Page Jr of Burlington the firm of Weismann Cellar Allan Spett and Sheinber of New York City and Wesley A Sturges former Dean of the Yale Law School and chairman of the American Arbitration Association Bernhardt's interests were re- presented throughout by Manfred W Ehrich Jr and Eugene V Clark of the firm of Jones Ehrich and Clark It is believed that this is Jhe first time in many years that attorneys from Bennington County have sonally argued an appeal before the United States Supreme Court Bennington District Field See Write-up on Sports Page INSTRUCTED DELEGATE Preparing for his Sunday departure for the cratic national convention Vermont Delegate Alexander B R Drysdale dropped around yesterday afternoon to see Robert Democratic county chairman for a last minute conference and by the way a grooming Drysdale as clerk of the state delegation will sit on the Credentials Committee when it meets Monday ing in Chicago As the Vermont delegation is unpledged dale has not committed himself to a candidate but he said yesterday that he expected to cast his ballot for Adlai Stevenson William E Dailey North Bennington also a delegate was at last report expecting to fly to Chicago on Monday opening day of the convention Staff Revealed Today See Truman's Choice Critical To Dem Convention Outcome CHICAGO S Truman kept Adlai E Stevenson and Gov Averell Harriman on tile political hot spot today waiting for him to name his preference for the Democratic presidential tion Truman jealously guarded his secret from a succession of ers in advance of a p EST news conference But most signs pointed toward a pronouncement he regards both Stevenson and man as equally qualified capable would vote for Harnman if he were a delegate to next week's convention Truman is not a delegate but will address the convention Friday This sort of endorsement by the former President would boost the New York governor's stock out the effect of any statement which implied that Stevenson lacked the tions to become the nominee Truman has made it cally clear that come what may he expects to support and work for the Democratic nominee With Stevenson presently in a com- manding position to win the associates thought man would not want to say thing against Stevenson that might be embarrassing in toe eral election campaign Truman a political realist was said by friends to recognize that any personal pal on the back for Harriman would not necessarily result in the New Yorker's nation Stevenson's backers have claimed 630 of the necessary votes on the first ballot man's supporters have said will have 350 to 400 Both claims might be inflated The Stevenson camp estimated it might lose 50 votes by a man nod to Harriman man's followers said they could close to Stevenson's claimed even that from his home state oJ Missouri But many party members wining to listen to his vice It he mere statement be enough to deny Stevenson tne nomination on the first ballot for which strategists have been striving There remained the possibility however that a Truman ment might catapult wavering and uncommitted Southerners into venson s column to head off the possibility of a Harriman aon The total on the first seemed count little doubt among his callers that Truman's personal preference for Harriman Dining Dancing MT ANTHONY COUNTRY CLUB SATURDAY Members Guests CALL For Reservations seemed to salient point stand out in the that convention period was some Southern delegations would walk if Harriman were chosen as the standardbearer Whether this situation had thing to do with it Dixie leaders seemed to be veering again toward Stevenson after ing away because of his call for the party platform to express un- equivocal approval of the ruling Gov Court's school integration Luther Hodges North Carolina a long-time Stevenson supporter who had been wavering seemed to be swinging back into line atter visiting Stevenson here Stevenson still is the best said alter the con- ference He added however he consult further with his gation before committing his state's votes The civil rights issue was ing some committee fireworks hearings in platform but leaders were striving to keep the ersy in hand Gov George Bell Timmerman Jr of South Carolina told the com- yesterday that a strong il rights plank might cause the party to lose in November If the platform repudiates Southern states the Dixie states in turn may repudiate the Timmerman said and added was outweighing more practical political considerations These visitors reported there appeared to remain a trace of the coolness between Truman and Stevenson that developed in the 1952 campaign Four years ago as the Democratic nominee venson pursued his own course He divorced his campaign as much as possible from the man administration then in office Whatever his reasons for ing it Truman's endorsement was former Gov sure to have a psychological pact on the convention Truman controls no state delegation I do not see how the Democratic party can expect to win in November without the Southern states On the other side of ths issue AFL-CIO President George ny called on the to meet the problem head on with a strong plank There was a noisy outburst at this time and Rep John mack chairman of the committee for no further manifestations John Virginia out sharnly against arty mention of not M E Rudd Co NOT OPEN UNTIL the Court's decision tle was one of those who in writing a compromise under whi ch the loyalty oath of the convention was eliminated Battle a member of the Conn saM Southerners MONDAY MORNING cnn had been as as we ines Gamblers In Court Here Six men apprehended in a State Police raid on alleged gambling at the Hill Haven home on the Airport road Dec 22 were fined and costs of in Court here yesterday after- noon The group all pleaded guilty to charges of common gambling ter having previously pleaded not guilty when arraigned in pal Court in December on charges of possessing gambling ments and permitting people to use such implements for ing Judge John B Harte imposed the fines representing the nation of court action stemming from the raid Miss Margaret he state's attorney prosecuted the j case and Atty George Fienberg of Bennington represented the dents Fined Joseph J Troy Angelo Conti Utica Patrick Bianchi Abe Miller Salvatore J Giardino and Dulio all of Estes Alleges Conspiracy In DIxon Yates ver has charged certain present and former high officials of the administration with conspiring to conceal from Senate investigators the facts about the Dixon-Yates private er contract I believe it is clear that the Dixon-Yates deal involved tions on the part of public which should be presented to a grand Kefauver said in a statement yesterday ver ordered copies of his ment published in the Record and sent to Atty Gen Brownell He said the alleged criminal conspiracy to hide facts about the controversial contract involved refusal to give documents to his Senate Judiciary Committee task force Named by Kefauver in this con- were Sherman Adams President Eisenhower's top aide Chairman Lewis L Strauss of the Atomic Energy Commission for- mer Budget Director Rowland R Armstrong of the Securities and Exchange Commission and others During the Kefauver group's in- of the Dixon-Yates contract several administration officials refused to produce tain documents citing grounds that the information was from subpoena under the constitutional separation of tive and legislative powers At one point in his statement Kefauver said that if Eisenhower that Mr and the American he should der Adams to waive immunity and submit to questioning by the task force on monopoly matters None of those mentioned by fauver had any immediate com- ment At the White House ant press secretary Murray der said We don't comment on anything we haven't seen and we haven't seen it ment yet hurled his accusations in making public a staff report of his task force which investigated the contract cancelled by the last November The Kefauver statement and the report were put out on the eve of the Democratic National tion which opens Monday in cago But Kefauver mentioned as is still unconvinced Adams betrayed him Joseph F Monroe Killed 2 Area Men Injured In Wreck Talk Of Arms Suppressed In West Capitals LENOX Mass Joseph F Monroe 26 of 4 Beech Court Bennington Vt was instantly killed at p.m Friday as his car left the road on the Lenox bypass section of Route 20 in Lenox sheared off several cement guard rail posts and overturned in a ditch His brother Clive Monroe 22 of North Bennington and erick Mathewson 21 of ton in the vehicle were seriously injured Both are patients at St Luke's Hospital where it was reported this morning that the name of Clive Monroe had been taken off the critical list and that Mathewson's condition is tory Monroe has a badly injured right lesr and his condition is Mathewson's from back injuries is suffering Give NE Air Miami Route WASHINGTON ffl Northeast Airlines a New England regional earner was picked by the Civil Aeronautics Board yesterday to fly the lush New route in competition with Eastern and National Airlines This was the mani part of a major CAB decision ordering a expansion of air services along the East Coast The board at the same time authorized National to extend its service northward from New York to and placed some tional southern cities on National's routes As Eastern already flies the York Boston route the CAB ruling sets up three air carriers Between ton and Florida Eastern National and Northeast all have additional authority to serve a number of in- between cities in coastal and coastal states The CAB rejected tions from one of its hearing ex- in selecting Northeast as the third airline for New nominee told newsmen there was significance to Johnson Ok's Price Probe MONTPELIER Iff Approval was given today by Gov Joseph B Johnson to the Vermont De- velopment Commission pate in the study of gasoline prices in this and adjoining states The Thursday voted to do so at once if it did not conflict with the research being made by of Civil and Military Affairs Houston It will make what is termed a physical study by sending men adjoining areas of ing states to gather information which win be made public The action follows complaints of inequalities in prices without and within the state a possible Democratic vice Florida service generally ered one of the world's richest air markets The examiner who lengthy hearings on a number of rival applications for the service said the prized route sould go to Dilta Airlines of Atlanta He urged rejection of bid The CAB's decision which will become effective 60 days after a formal order expected shortly also expands the services of four seaboard airlines in addition to of force was soft pedaled in Western capitals today as diplomats worked behind the scenes to line up support for the London conference on the Suez Canal crisis But in Cairo demonstrators shouted Down with France and America and claimed a mobilization of the youth of Arab nations to carry arms in the battle of freedom and dignity alongside Egypt had to be cut from j Egypt passed out another hint she would boycott the talks uled to start in London Thursday to find a way to achieve tional control of the waterway by President Gamal Ab- del Nasser July 26 The 22 other nations invited by Britain all indicated they would According to the report of HIP Lee State Police the three men j north on Route 20 from Bristol Conn I where they are employed by eral Motors The car went out of control and through a state fence a retaining wall machine was so badly damaged that the the One rear tire was on the front of the car and the was torn from the chassis The victim was taken to tne Kelly ambulance service and a Lenox town ambulance took the injured men to St Luke s1 pital Monroe's body was trans- ferred to Mahar Funeral Home in Bennington today Traffic tied up at the scene until state and local police could arrive to start it moving the timing Later he flew to cago The Dixon-Yates contract which has figured prominently in con- gressional battles on the issue of public vs private power is most certain to come in for con- political attention ing the election campaigns ahead Two years ao the AEC acting under Eisenhower's orders tiated the contract with the Generating Co to pipe electric current into the lic power lines of the Tennessee Valley Authority This power was intended to replace TVA current used by AEC plants in the area Under this contract the sippi Vally firm formed by ity companies headed by Edgar H Dixon and Eugene A Yates See DIXON-YATES Continued On Page Three and Capital The Northeast and United Delta board said it would reject all other applications filed in the case Northeast will get a five year temporary certificate to fly in addition to its existing between New York Newark and Miami by way of Philadelphia Baltimore Washington ville and Tampa George E ner president of Northeast said the company expects to start ida service this fall Seven Fail In Vt Ufl Seven salients at the Vermont mental hospital were recaptured within hours after they escaped last night by overpowering two ants Six of the patients were picked up on the hospital grounds in less an hour The seventh was in Montpelier 12 miles away three hours later Supt Dr Rupert Chittick said he patients locked the attendants a room after taking their keys and fled through a basement flow LUMBERJACK Nichols 17 of Dorset has as Bennington County's Queen of the Lumberjacks and will compete for the state title at Lumberjack Roundup at Lake more August 24 and 25 A member of this year's class at Burr and Burton Jaska will enter nurses training at Putnam Memorial Hospital this Fall She is a majorette of the Manchester Band and was County Dairy Queen at the Dairy Festival this Spring Staff come although Russia's ance was couched in reservations unacceptable to the West Nasser is expected to give Cairo's official answer tomorrow Egyptian diplomats also were active abroad apparently trying ecure backing for Nasser's Tpr Ferch was the police officer The Lenox department sent Sl engine 10 scene and helped Position Special messages from release the victim from the ished car and also to wash the of Joseph F Monroe born in aan April 7 1930 had been to Emperor Haile sie of Ethiopia President Tito of Yugoslavia Ethiopia will at- tend the conference a resident of Bennington for thp was not invited past 10 years He had been ployed by the Burrington Con- struction company in Benni ton At the time of the accident however he was working in tol Conn and all three were on their way home for the weekend Survivors a son Joseph Monroe Jr and a daughter Joan Marie Monroe Bennington his mother Mrs Dorothy Monroe Bennington his father Bernard Monroe Lebanon N H three sisters Audrey and Geraldine The Western nations also lated their views on a solution for the crisis The United States passed around drafts of a compromise settlement among countries who have agreed to attend the meeting Washington was reported slightly ly more optimistic about chances of settling the Suez dispute fully Informants said top U.S regarded the situation as still critical but convinced that tiss Bennington See ONE KILLED Continued on Page Six Monroe and Mrs Arthur the secret diplomatic activity and one brother the moral pressure of world opinion have exerted a calming influence Washington circles expressed considerable hope Nasser would leave the way open sort of international control of the canal meanwhile put a brake on her buildup of military forces in the Middle East A mammoth to Mediterranean bases within striking distance of the Suez was postponed for a second time Two parachute battalions were brought home for training from Cyprus Britain's Middle East headquarters New voices were raised in land against the use of blind Approve First Request For Planning Aid MONTPELIER m The mont Development Commission yesterday approved the first cation of a Vermont municipality for federal funds for planning The Manchester The request was from the town ian said such would hurt of Hartford which seeks from the government to match 000 it appropriated at its last an- meeting and from the state This will provide a total of for a master plan of de- velopment The last legislature designated the as liason between the federal government and towns The government will deal only w i t h the state and not with individual municipalities The Northeast Planning ates of Charlotte are planning con- for the commission in this work Several other applications are being processed and it is ex- that of Fairlee will be the next to be acted upon Four Injured In Accident In an accident involving two cars last night about on the Airport road one vehicle was demolished and the other damaged and Jour sons sustained minor injuries State Police reported today One of the cars was owned and operated by Ruth Marie Hurley 19 of Bennington and the other by Ralph Otis Oakes Jr 19 also of Bennington cording to the official report the Hurley vehicle was traveling northerly and Oakes was driving south when the mishap occurred on a curve in the road Oakes is said to be from head injuries and a senger in his car Raymond Lorette 15 received a laceration of the head and a cut left hand A passenger in the Hurley car Ruby Sanders has possible jaw injuries and the owner and operator complained in- juries All went to their homes where they were to be treated by a physician The Oakes car was reported a total loss while the Hurley hicle was moderately damaged Cpl John arid Tpr William investigated the West more than Egypt Seven leftist Laborite members of ament asserted Britain would be guilty of aggression if she took unilateral action by force to impose international control on the canal Pork Barrel Vetoed By Ike WASHINGTON UP Criticizing some provisions as not in the public President hower yesterday vetoed a for flood control and river and harbor de- velopment This was the first time since also an election year that a president has vetoed such a measure known by tradition as a pork barrel because it- contains so many pet projects of congressmen The measure would have -99 projects or project modifications and 14 river basin improvements around the j Eisenhower said he regretted the veto but that my action need delay in starting the many worthwhile projects in the The President's veto statement said that since funds have not been appropriated for the next Congress can re- consider provisions in the rejected measure Waitresses Wanted Apply in Person Richard's RESTAURANT
