Abilene Reporter-News, The (Newspaper) - September 22, 1954, Abilene, Texas FAIR, MILD tfje EVENING FINAL "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT VOL. LXXIV, NO. 98 >d Press (AP) ABILENE, TEXAS, WEDNESDAY EVENING, SEPT. 22, PAGES IN TWO SECTIONS PRICE DAIU5 THIS MONTH? McCarthy Session Due For Senate WASHINGTON W-There were indications today that leaders ex- pect to call the Senate into session very by the end of this consider the censure charges against Sen. McCarthy. Mark Trice, secretary of the Sen- ate, was contacting the offices uf all senators to determine where they could be located in the next few days. Trice is the official who would issue any formal call. He would act on instructions from Republi- can Leader Knowland (Calif) and Democratic Leader Lyndon B. Johnson No Wort On Date The Washington Evening Star said Sept. 29 is the "target date" set by the leaders for convening the Senate. It attributed this infor- mation to an "informed source." Trice told a reporter he had had no word as to a possible date but was checking as to where senators could be reached so as to be pre- pared if he was instructed to issue formal call. "We are checking so there would be no time lost if there is a de- cision today or tomorrow, but there is no decision as yet." he said. Trice said he had been in tele- phone wit1! Knotdand. 5-Day Notice Senate leaders have promised a five-day notice to the senators in advance of any session. The six-senator special commit- tee which conducted hearings on the censure charges involving Mc- Carthy, scheduled an afternoon session. Earlier, a key Senate source said he expected the Senate to recon- vene within the next two weks. This source, unwilling to be iden- tified by name, said he understood certain commitments were made before the Senate recessed last month to take up the censure issue ahead of the Nov. 2 Congressional elections, if a special committee assigned to look into charges against McCarthy turned in its re- port around Oct. 1 or earlier. It now seems virtually certain the committee of three Bepubli- cans and three Democrats, headed by Sen. Watkins will complete its report by the end of this week or, at the latest, the first of next week. HAPPY Applegate, Hong Kong correspondent for NBC who was held prisoner for 18 months by Chinese Reds, and his mother embrace at the Spokane, Wash., airport. Her son flew in from the Far East with Donald Dixon, International News Service correspondent, also held prisoner. VENIREMEN QUIZZED Jury Stands at 7 In Gaither Trial City Employe Dies Suddenly E. A. Fillmon, a city employe in the street department, suffered a heart attack on the job Wed- nesday. He died at 11 a.m. in Hendrick Memorial Hospital. Fillmon, 60, had been a resi- dent of Taylor County since 1906. He farmed near Tuscola until he began work for the city two years j ago. He was bora on Oct. 18 1893 in Bastrop County. Fillmon enlisted in the Army at Abilene on Sept. 21. 1917. He was with Company G. Ninth Infantry. Second Division in World War I. He saw service at St. Mehie Hill and the Meuse-Argonne battles, and with the army of occupation. Shortlv after dischargp nt San Antonio" in 1919, he wed Mary Lewell McBee at Mena. Ark. Surviving are his wife; three sons, T. D. Fillmon of Odessa, end Billy end Bobby Fillmon of Abilene; and Mrs. Earl Neble of Abilene: one brother, T. L. Fill- Bion of Leuders: and six grand- children. Arrangements are pendipg at the Kiker-Warren Funeral Home. By GEORGIA NELSON Reporter-News Staff Writer ANSON, Sept. 22 Prosecution and defense attorneys in the mur- der trial of Willa'rd F. (Bill) Gaither questioned 12 veniremen Wednesday morning without ob- taining any more jurors than the seven selected the first two days of the trial. Judge Owen Thomas excused 10 of the veniremen for various causes, three of them because they had conscientious objections to the death penalty which the state has indicated it will ask for Gaither. The state exercised two peremp- tory challenges, making a total of five prospective jurors the state has excused without stating any reason. The state exercised two per- emptory challenges, making a total of five prospective jurors the state has excused without stating any reason. The defense had used eight pre- emptory challenges Monday and Tuesday, but none Wednesday morning. Unless five more jurors are agreed upon by attorneys Wednes- day afternoon, which seemed un- likely, the trial will go into the fourth day before testimony be- gins. 51 Questioned When Judge Thomas recessed court at noon Wednesday. 51 ve- niremen had been called to the courtroom for examinaton. The original venire of 175 men was- cut to 136 by excuses granted by the court before questioning be- gan. Gaither is charged with the pis- tol killing of Abilene Policeman Jimmy Spann at Merkcl last June 17. One venireman was excused Wednesday morning because of conscientious scruples against the death penalty; one because he was opposed to the suspended sentence law. and another because he said he would be prejudiced if the evi- dence Gaither was intoxicated when Spann was killed. About 30 persons were in the spectators seats Wednesday morn, ing, including six members of the defendant's family. Jurors chosen so far: B. L. Perkins, Rt. 2. Merkel. Joe T. Smith, Hawley oil and gas dealer. Bence Magee, Anson farmer. Ray. Carlile, Stamford real estate and insurance man. T. T. Bingham Anson bookkeep- r. W. C. Storey, Stamford employe of the West Texas Utilities Co. The mother of the defendant, three sisters, and a brother are in the IWth District Court Room at Anson. Tuesday afternoon, the court fin- ished its second day of questioning the venire, father said he was ex- tremely tired. Monday was the first day, Gai- ther said, that he had been out of bed all day since his arrest. Official Hits New Charges Against Board AUSTIN, Tex. Life In- surance Commissioner Garland Smith says he "is at a loss as to what company" Atty. Renne Allred Jr. may have in mind when lie says an insolvent firm is oper- ating in Texas. Allred, reopening the Texas in- surance controversy, said yester- day a company found by a com- mission examiner to be insolvent 15 months ago is still operating. AUred, whom the insurance com- mission is trying to oust as attor- ney for its liquidator, said also that he delayed twice last summer a fraud suit against a commission employe. Smith and Casualty Com- missioner J. Byron Saunders, All- red said, tried to dissuade him from bringing the employe into a suit alleging conspiracy to defraud creditors and stockholders of a firm now in receivership. The firm AUred named was the Texas Mutual Insurance Co. of Beaumont, now in receivership. The company received wide pub- licity during the summer's guber- natorial campaign. Smith said Allred was dealing in personalities and politics in making the charges yesterday, but the commissioner added: 'I did ask him not to sue the employe he refers to, but that has some background." "We think the employe was act- ing in good faith and hi accordance with the present law regarding real estate Smith told The Associated Press, "and we think he did not join in any con- spiracy." All three insurance commission- ers. Smith continued, talked to Allred about the grounds on which he wanted to sue. "He didn't con- vince any of us he had enough evidence to bring a successful suit." Smith said he didn't know what company AUred could be talking about that was operating in an insolvent condition. "There may be a couple of com- panies' insolvent that are being ex- he said. "But if they are insolvent, we'll go long ways trying to save the company so the creditors and policyholders won't lose any money." He said he would like for Allred to lay the name of the company he has in mind before the board. It is always a policy to try to save a company found to be in financial difficulty, he said. Affairs of the commission were a major issue in the race between Gov. Allan Shivers and his oppo- nent, Ralph Yarborough during the summer governor's race. Ike Starts Tour Of West Tonight Organization Done, UN Officials Brace 3RD Woman Weeps After Getting Year for Check Swindling Judge Reed Ingalsbe in Taylor County Court Wednesday senten- ced a 22-year-old woman to a year's confinement in county jail for check swindling. Mrs. Homer Daggs, who had given her address as 1853 Oak St., pleaded guilty to giving two worthless checks, each for The court gave a year sentence in each instance, the terms to run concurrently. The judge said that this was the third time that Mrs. Daggs had appeared before him for check swindling. She had been convicted on one of them. Pre- viously, acording to Judge Ingals- be, she had been charged by com- plaint with forgery but the charge was not pressed when she alleged- ly paid off the amount involved. For (lie first conviction she served Alabama Solons Urge Move To Abolish Public Schools 30 days. She is now wanted in hree other counties of Texas for check-swindling, Judge Ingalsbe said. The pleas of guilty Wednesday were to worthless checks given on the FiM National Bank; one on May 25 tn Fabric Mart for in return for which she-got in merchandise and SS.80 in change. The other was for given Aug. 31 to Parkway grocery, on which she received in groceries and S1.51 in money. 'Is there any possibility of your learning your lesson and quilting check Ingalsbe asked the woman. "I can't make a promise like that. I don't know whether I can or not." she replied.. Judge Ingalsbe told her: "I hate to put a woman in jai! for a year but you don't leave me any choice in the matter." Mrs. Daggs wept. As she left the court room in custody of an officer she remarked: "Judge, I know I deserve it" (the MONTGOMERY. Ala. bold new plan to abolish Alabama's compulsory public school system let the parents say whether they want segregated classrooms has been recommended by a legis- lative committee and a group of lawyers. It would open the way for state- subsidized private schools and strike from the state Constitution the historic mandate that separate schools must be provided for white and Negro students. The proposed constttutlonBl amendment is one of eight changes in Alabama's organic law suggest- ed by a special legislative com- mittee and a segregation commit- tee of the Alabama Bar Associa- tion as a way of getting around the Supreme Court decision out- lawing separate schools. Sen. Albert Boutwcll of Birming- ham, chairman of the Senate- House Committee, announced two weeks ego that a plan had been forwarded to flov. Gordon Persons. The were withheld however until a source close to the com- mittee disclosed them today. The program is aimed at re- moving all reference to public schools in the Constitution and re- writing Section 256 which specifi- cally provides for a public school system with separate schools for the white and Negro races. Two of the proposed amend- ments also would authorize the Legislature to make school offi- cials and employes "judicial of- ficers" to protect them against law- suit, and require the state to de- fend them against court action Another would take out the ref- erence to public schools in con- stitutional provisions governing tax money for education. A proposed amendment to Sec- tion 256 would give the Legislature wide latitude In establishing non- state operated schools and arrang- ing for "the grant or loan of pub- lic funds and the ieasc. sale or donation of real or personal proper- ly to or for the benefit of cltliens of the state for educational pur- poses." Instead of mandatory public schools, the amendment says "it is the policy of 'he State of Ala- bama to foster and promote the education of its citizens in a man- ner and extent consistent with its available resources, and the will- ingness and ability of the individ- ual student." But, ii adds, "nothing in the Constitution shall be construed as creating or recognizing any right to education or training at public expenses, nor as limiting the au- thority and duty of the 'igislature to require o'r impose conditions or procedures deemed necessary to the preservation of peRce and order." And to avoid "confusion and dis- order antl to promote effective and economical planning lor edu- it would give the right of free choice to parents and guard) ans who want their children to "attend schools provided for their own subject to whatever re- strictions the Legislature provides Rains Hit Gulf, But Nol Dry Land By THE ASSOCIATED PRESS Thundershowers churned the wa ters of the Gulf of-Mexico Wednes last day of at dawn drought-seared Texas was getting not ajlrop of rain. The Weather Bureau reported clear skies all over the state ex cept along the coast where it wa: partly cloudy. Houston, Palhcict, Corpus Chris ti and Brownsvi'le joined in report ing thundershowers and flashin lightning to the south in the Gul There was H little more tha a hint of fall h the air, too. Mos temperatures were in the 50's, bu they ranged from n chilly 51 a Childress to 79 at Corpus Christ Dalhart reported 52 at dawn an Dallas had a M, Thursday the firs day of fall-will be a little warmer the Weather Bureau uM. UNITED NATIONS. N.Y. IB The U.N. General Assembly quick- ly organized for its ninth session today and prepared to plunge into its general debate on the world situation. Secretary of State Dulles formal- ly requested the floor for the open- ing round tomorrow when he will range over the whole field of in- ternational problems. It was understood, however, he ould deal at length with Presi- ent Eisenhower's proposal for an tomic pool for peaceful purposes: Soviet Deputy Foreign Minister .ndrei Y. Vishinsky has not yet when he will deliver Kus- a's policy declaration. The delegates of the 60 member ations spent this morning electing hairmen of the Assembly's seven ommittees and choosing seven ice presidents. Those elected ommittee chairmen are: Urrutia of 'olombia. Special Thors of celand. Douglas Copland, Australia. Nosek, Czechoslo- akia. Asha, Syria. Budgetary and 'ote Sarasin, Thailand. Garcia Amador Cuba. The seven vice presidents are the leads of the delegations of the United States, Hussia, Britain, France, China, Burma and Ecua- dor: The committee chairmen and the presidents, together with the Assembly president, Dr. Eelco N. Van Kleffens of the Netherlands, make up the Assembly's steering committee. Yesterday's opening meeting was devoted to the election of Van Kief- ens and to debate on the proposed eating of Red China. The Assem- ily disposed of this issue by de- iding to shelve it for the remand- i of this year. The resolution putting off, action in Russia's proposal to seat Red China was proposed yesterday by the United States. The Assembly -dopted it 43-11. It was the third traight year the Assembly has aken such action. Hopes for Peace Mrs. Vijaya Lakshmi Pandit of hdia, as outgoing Assembly presi- dent, called yesterday's session to order. She noted the end- of the hdochina war and said she hoped the ninth Assembly too would "pro- mote the cause of peace." Deputy Soviet Foreign Minister Andrei Y. Vishinsky then intro- duced a reso'ution to have the As- sembly say it "considers it neces- sary that the representative of the Chinese People's Republic, ap- pointed by the Central People's Government, should take the right- ful seat of China in the Genera! Assembly and in other organs of the United Nations." Vishinsky held that the U.N. would be hampered otherwise, and that the Peiping government had shown itself to be peace-loving at the Geneva conference and in Pre- mier Chou En-lai's June talks with India and Burma. The Soviet diplo- mat called it intolerable that the "Kuomintang group." as he termed Chiang Kai-shek's repre- sentatives, held China's place in the U.N. Lodge Replies Henry Cabot Lodge Jr., US. permanent representative to the U.N., replied while Secretary of State Dulles listened. Lodge moved that the Assembly decide not to consider at this 1954 session "any proposals to exclude representatives of the govern- ment of-the Republic of China or to seat representatives of the Cen- tral People's Government." Then the American moved that the Assembly vote on his proposal before Vishinsky's, a motion ap- iroved 45-7. Britain, which recognizes Pei- ping, supported the U.S. bid to shelve the issue. In secret balloting for U.N. pres- ident Van Kleffens received 45 votes to 3 for Prince Wan Wai'.- hayakon of Thailand. There were 12 abstentions. Both Van Kleffens and Price Wan had campaigned for the office but the Thai foreign minister withdrew from the con- test Monday. Talks Reviewed Outside the Assembly hall, the U.S. delegation made public a State Department review of the inconclusive U.N. disarmament talks hi London last May and June. WHOOOOEEEE Mrs. Ralph Bledsoe, a petite Memphis grand- mother, loosened her lungs in preparation for the Mid-South's hog railing contest in Memphis, Tenn. Veteran callers were shock- ed when she entered the contest. She's plans to sing at a tea during the celebration. LAST DAY Time Runs Outon Summer; Equinox Occurs Tomorrow By WARREN BURKETT Summer has less than 24 hours to get out of town. If you're astir at a.m. Thursday you'll be there when it happens. Chances are you'll notice nothing. Bui at this time the Earth's axis (an imaginary line running through the North and South Poles) will exactly parallel the axis of the Sun. For a little while, the days and the nights will be of equal length. That is about the only effect of the new "equinox." Days will gradually shorten until Dec. 22, when the North Pole will tilt over THE WEATHER Court tc Hear Segregation Talks Dec. 6 WASHINGTON Supreme Court announced today that it will iear further arguments Dec. 6 on how to carry out its decision against racial segregation in pub- tic schools. The arguments could extend sev- eral days. There will be an allowance of 10 hours for argu- ments from South Carolina, Vir- ginia, Kansas, Delaware and the District of in- volved in the cases which brought the court's antisegregation deci- sion last May the replies to those arguments. In addition, the Justice Depart- ment also may present one hour of argument, and seven states which were not directly involved in the May decision have notified the court they wish to appear as "friends of the court." These states, which will file briefs and possibly take part in the oral arguments, are North Carolina. Arkansas. Texas, Florida Maryland. Tennessee and Okla- homa. If attorneys general of these states wish to argue, they will be allowed one hour each. Harold Wil'ey. clerk, announced the court's action and said the justices had agreed that briefs may be filed by Nov. 15. Willey said that the week of Dec. 6 was the earliest available date for the arguments. The arsument schedules for October and Novem- ber had previously been filled. l'.S. DEPARTMENT OF COMMF.SCE KEATHEH ABII.F.XK AND V1C1MTY -Clear wivh mild temperatures UiKh today 85 desreos: low tonight W desrees; and afternoon. tonight and Thursday: warme T1WEST> TEXAS Fair this afternoon, tonifht and warmer Thursday EAST TEXAS Fair this nicnt and Thursday; warmer Tnursiwy. SOITH CENTRAL TEXAS CU-ar to partly cloudy with scattered thundcrshow- TEMrEKATVUES ,.30 HaramirV at a Relatlv. huinMlty NOT lemperjIurM torN ,M M away from the sun, bringing 24- lour nights there. Changing of the Earth to the equinox Thursday will open spring in the Southern Hemisphere coun- as Australia and Ar- gentina. If you are a fan of astrology, Thursday will open the reign of Libra, represented in the Signs of the Zodiac by a pair of scales. Culturally, it may be represented ay the thousands of football teams who get down to some serious mil shelling on a 100-yard balance of green grass. Autumn is the time of. harvest. Today's farmer probably will eel ebrate it by asking his wife: "Wonder who we can get to pick cotton for Sl.OO a hundred? Her answer might be: "Are you dream ing Then he'll probably resign him self to paying in the neighborhooi of Some schools, such as Lawn in south Taylor County, wil be planning their annual "cotton vacation." This is a week out o school to let the students help gather the crop and make somi spending money. In the Abilene area, folks wi! be feeling another day of mil temperatures. A cool front which blew in Monday night is still hang ing around. Tuesday, 83 degrees was thi high temperature, and the low Wednesday morning was 54 de- grees. This was the lowest read ing at Muncipal Airport since Jum 4, when Abilene had 87 and 52 degree weather. Thursday is no expected to be any hotter than 90 degrees. Skies should be clear, the weath erman says. To Our Customers... If you miss your Reporter-News or, if it arrives late in the mornings please dial 4-7271 and report it. We will consider it a favor'. The Circulation Department Open A.M. Close P.M. President's First Stop In Montana By MARVIN L. ARROWSMITH DENVER 131 President Eisen- hower, advised the Republicans ace "a hard fight" to maintain control of Congress, starts a speak- ing tour of the far west tonight vith the campaign pace quicken- ing. But presidential aides- said pri- vately they doubted the word GOP National Chairman Leonard Hall jrought to the summer White House about a tough fight ahead would alter Eisenhower's tactics. Hall himself indicated after a SB- minute conference with the Presi- dent yesterday that the Chief Ex- ecutive plans to continue the re- strained sort of campaigning be has been doing. The pattern so far has been a lot of handshaking with Republican candidates wherever he goes btt no public plugs for them as indi- viduals. And no brickbats tossed in the direction of the Democrats. Criticism and countercriticisnijttf the opposition is being left to other Republican leaders. For example, Hall told a news conference here yesterday that former President Truman helps the GOP cause ev- ery time he comments in the con- gressional election campaign. Eisenhower arranged to leave Denver at p.m. (MST) on a :hree day flying tour which will :ake him into Montana, Washing- ton, Oregon and California. There are three important Senate races in those'states and all the Rouse seats ofihe area are on the block in November.. The President's first stop is Mis- soula, Mont, where he will make an informal address to an airport audience about 6 pjn. The.President win fly on to Wal- la Walla, Wash., to spend the night. Tomorrow morning he mil dedi- cate 286 million dollar McNary Dam on the Washington-Oregon border and make a major address dealing with administration policy on rmblic power. Tomorrow evening the President will make another major address- openly Los Angeles. The far west tour will be con- cluded Friday morning with an off-the-cuff speech at the annual' convention of the American Feder- ation of Labor, which has been lighting into the administration at its Los Angeles meeting. WHAT'S NEWS ON INSIDE PAGES TWO KILLID Two fliers are dead because of an airport traf- fic jam. Page 3-A. DEFEAT drift of people away from forms brought Republicans defeat in Maine. Page 7-A. SUITTING and Har- riet won't be on the .radio any more because of a couple of bays Page 11-A. tourist Ts fair game out of his home territory. Page 4-B. DENIES POLITICS Agriculture Secretary Benson points to the deep South on a drought disaster area row as he tells a news conference he can not be charged witfc playing politics with the drought situation because lid to being given largely in traditional Democratic areas.