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Morgantown Dominion News (Newspaper) - February 20, 1960, Morgantown, West Virginia
Hearing is set by Eddy in a judge Don j Eddy yesterday morning Over ruled a demurrer to answer filed by City parkett Betty Raduck indicating More evidence must be brought Forth before a pro per ruling could be mad if a d when the Case reaches the s Tate supreme court. A final circuit court hearing on the matter is forthcoming in a bout three weeks the demurrer or claim that mrs bad Elk s answer was Isuf relent Arco ring to Law was filed with the circuit court by of Torney Minto r l. Wilson counsel for members of the Morgantown police department the Pok a Edings began last summer the n the police petitioned the court for a quo warrant hearing req Tut ring the parkett to show we she should hold the Job of Chee sing parking meters and issuing ticket Lei overtime violators As a member of the department Quot i assume this Well end up in the supreme court judge Eddy did everything City said then was arrested on ii aves Robert Lipscomb right to operate parking lot 2-foot Snow buries Terra Alta <1 i the circuit court yesterday granted Robert Lipscomb the right to operate his Al ready constructed parking Art in fourth Ward thus ending his peril with the City of Morgantown which began on sept la ism. Granting t h e declaratory ment judge Don j. Eddy Lipscomb in a criminal Lipscomb had a done e lid thing the City i and then he was the City had attempted to Block the use of the parking lot on a commercial basis because the in was zoned a a by residential on oct. 19. 1959. Judg a directed a verdict in Fien pealed from City police Kour car paving assessment Case heard a div to Rule Aller study f a paving assessment Case which has been on the circuit court civil docket for nearly four years was heard yesterday morning by judge Don j. Eddy but a i is scheduled later. To cd Lipscomb had been fined Sido by the City for failing to obtain a permit to operate the lot. The hearing on the declaratory judgement suit brought by Lipscomb against the City was heard on nov. 6, 1959. At that time City manager Elmer w. Prince had stated Lipscomp had obtained a court j permit to shape the lot but not to operate it. Before rendering his ruling yesterday morning judge Eddy recalled the step by step procedure the City sent Lipscomb and his attorney Arthur l. Barbe through before finally arresting him for violation of the zoning ordinance. After receiving a permit to Cut the curb in two places next to his lot Lipscomb was then directed ruling by the City manager to write to the Board of adjustment for Zon preme i of More Ahou fair ruling come from a fed yesterday from the and i done to believe by Ling the demurrer the court it is could hardly judge indicated the suf would need to know the Case to make a this evidence would a hearing which will cd in about three big court weeks a i won hearing or a Aid. Be a run d like to uses the matter Quot the jut my the Only was to escape it would be to sustain up hold the judge Eddy then continued to explain there Are a Quot number of things Quot which have not appeared on record thus far. The Only evidence presented is in the petition by the police and the answer by the parkett. A for that reason i overrule the demurrer Quot he said a there a re two things i think have considerable hearing which were not in the petition or the attorney Wilson asked the judge if he could elaborate on Rhese two a things Quot but judge Eddy stated they were a matter of evidence and May be profitable to one Side or the other judge Eddy has already overruled a demurrer filed by sex City attorney h William larger. Who has been employed to handle the parkett Case Day a judge t of the 17th it had another in court. He Ier this year docket of the ver civil cases. First Aid Lasso to be Pill Oscar Clingan and Paul w. My ,n8 for permission to operate the lot. He made his Appeal to the Board which said there is no ordinance governing parking lots and therefore the Board voted to take no j action. Lipscomb was then sent to the planning and zoning commission i which ruled the lot could not Bei operated. This decision was up held by City Council. Judge Eddy said the Board if anyone had the Power to Rule on the permit but did not do so. He said the planning commission had no such Power. A i just wonder what a citizen i is to to Quot the judge stated yesterday. A just what does this mean a i would not be disposed to Grant declaratory judgement but Here is a Man who has done every Are seeking damages from a the City of Morgantown resulting from paving of Riverview court in 1956 attorney h. William Largent a acting As counsel for the City asked Mcbee s Case against the City be dismissed because neither i the plaintiff nor his attorney were present for the hearing. Without ruling judge Eddy began the hearing and to minutes later attorney Stanley r. Cox or. I appeared to present the Case for his client. Mcbee after Cox explained Mcbee a stand in the matter. Clingan was called to the stand by his at Tomey Richard Earle Davis. I Clingan testified he did not have i Access to his garage after the paving because of the change in the Street level. A to i fire lanes planed through Faun non still falling co an historical snowfall of 24 inches has embedded the town of Terra Alta. It was still snowing and Drift i ing last night. A a we be had better than 24 inches of natural snowfall including 16 inches thursday evening and to inches Friday a police chief Joseph r. Sisler said last night. A said it was the biggest accumulation of Snow in that area everybody s in this snowy w should give the i possible stay of favorite theres no us but that one of the favorite pc on is sled Riding and there s no doubt that the Benefit of the doubt drive slow and cautiously sets designated for coasting. This Dominion news Winters Back is one of our boys. Do you know them All time favourites. We be never times for kids very motor stand if at All photo of two enable to identify the Jaycee awards dinner wednesday to Honor l of Man. Boss id year another witness for the plaintiff he was directed to do and Hugh runner local reel estate j Wai arrested. Agent testified his appraisals. A therefore i Rule Lipscomb has Morgantown Junior Cham that the Man selected be Between. Die year Quot award will showed the Clingan property re the right to establish the parking Cei Ved $1,500 damage by the paving and the Mcbee property approximately $500 Ber of Commerce will hold its an the Ages of 21 and 36, and con lot that is there. Since the City Lipscomb squabble began september 1958. City hotel Morgan wednesday feb. 24, j the Community. Nual service awards dinner in the Tribune a some valuable service to award in that category. Perry Jubelirer is the chairman for the dinner assisted by Glenn Squires jr., reservations chair the City called City Engineer Council has adopted a new Zon at 6 p.m., Ernest j. Berger local last years Winner Tom Mills j Man am James Fredlock awards classes in Standard and advanced first by the Monon Galia county red Cross chapter beginning monday. Persons interested in either course Are urged to Call red Cross Headquarters at 6512 for registration. The Standard course is open to persons 15 and older who have in giving this earlier ruling the it Ltd a plated at least the ninth Grade. Gra it be Ai required by a building court found and person with a those who have already Compo ice position must be selected plated the Standard course May in conformity with state statutes Register for the advanced session. Melvin Snyder who had conducted mpg ordinance which prohibits the president announced last night. Aid will be offered Der said the Grade had not been changed since 1940. The City also contended Clingan s driveway had extended into the Center of the Street right of Way. Clingan indicated the City had issued a permit to the builder of the House which he now owns and at that time did not question the contractor s compliance to the area in a a a and a a a Quot areas. Chairman. Mal Campbell resident. _ re. City editor of the Dominion news est,,5hm5.nt of. parking judges Are currently making will make the award to this their selection of the outstanding years Quot Young Man of the toastmaster for this a Young Man of the year in Morgantown. Qualifications for this award Are j last years outstanding a Boss of i Glenn Squires or. Will serve event. Asau which require the person to be under civil service. The fact the parkett is not qualified by civil service Laws has been the prime reason for action instituted by Morgantown police. Navy awards contract lock Haven a. Up Piper aircraft corp. Has received a $945,000 Navy contract for the Purchase of 20 twin engine Aztec i planes it was announced. Or. Charles Peter Yost in in charge of the curriculum and will also serve As an instructor. Or. Yost and Richard f. Sowers Are co chairmen of the red Cross course. The planning committee includes Louis a. Michael Clete w. Smith Russell h. Gronko mrs. Davis Courtney and Hugh Phillips. The Standard course will be con-1 ducted feb. 22-24 and feb. 29-March i. The advanced class win continued pm. 2, col. 3 school Lins onto verse is Brem ii Quot the Lazelle Union Parent teacher association during its february meeting decided they would have school bus Drivers remain in the bus at All times rather than halt traffic for Chil the permit states the City is not Dren crossing the highways liable for any damages As a re the ruling by the pea group suit of violation of the permit by opposed a requirement set up Al ble reporting or deliberate mis and local tax revenues is a a Nat Joel Hannah manager of the Jaycees and past Jaycees Are in a amp a Telephone co., recipient of it cited to make reservations with within a 24-hour period the i heaviest snowfall of 45 inches in 1958. However accumulated after a week of continuous Snow chief Sisler and mayor Harry g. Sanders reported there had been no serious accidents or deaths and that no families had been isolated by the White men Ace. Route 7, the main Highway to j Terra Alta had been opened by. The state Road commission but Only one Lane fire lanes could be cleared in the City proper. Meanwhile. Monon Galia county reported Snow upwards of to i inches mostly in the Mountain i areas. All main roads were reported open but All secondary i roads were blocked. The state Road commission last i night said the old Kingwood Pike a paved secondary Road. Al to is i impassable but a Snow plow is to Glt a j be dispatched to that area this morning. Power failure plagued much of i the county some residents had i been without electricity for 24 i hours. Hardest hit were Over cheat Richard and the Grafton Road Power also had been off in second Ward of Morgantown. No serious situations had been caused by the blackout officials reported last night. Terra Alta police chief Sisler reported the City had been fight ing the White stuff with one plow j soft a Bulldozer and a High lift. Roadways were wide for Only one vehicle and the record for George in the Dominion news this morning is a new record for George Washington Day advertising for local merchants. The annual Sale will be monday and advertisements concerning this will be found in today s and mondays papers. Soft drink amendment defended state senator William a. Moreland fast night stood up for the state legislature s amendment to the soft drink tax which eliminated some items from the tax. It follows a such headlines As appeared in yesterday s Morgantown Post seem to be designed to confuse people. The from the headline late news matter senator Moreland and senator a. L. Reed of Preston county Are among five state senators appointed to the newly created West Virginia crime commission. Permit. City manager Elmer w. Prince said however the City Only recommends the contract comply with the proper Street Grade and foreign of Elilion. Slate plight belated cd the National television program not Only affects mining com run i and Magazine article depicting ties and Railroad centers but sex West Virginia a economic difficult tends to producers of mine equip ties without mention of foreign ment and supplies and to Busi presidential candidate is flying in from Panama to begin a week it Alai Mccort Lrtil Arm acc ration Medellin Colombia up a cordial reception awaited Adlai Stevenson when he arrived Here Friday on the fifth stage of a 12-nation tour of latin America. The twice Defeated democratic drink tax puzzles state one would imply that the enough j legislators fouled up. A actually the Only amendment Dozer was following the plow in to the soft drink tax was pre an Effort to keep the roads open pared by Don Carman state tax Sisler said there was so much commissioner and if his chief of Snow along the streets the High the soft drinks division is having lift was being used to Load it into any trouble with the Bdl. He should trucks for hauling from the Cen talk to the tax commissioner Ter of town. One family about it. Since he is the Man who Mas caught away prepared the language for the from Home. The ignition of their amendment. Car became wet and they had to spend the night and Day at a service station. A everyone was in agreement that chocolate and such items i which were consumed for a no Competition As a contributing fac Ness houses a fall along the Tor were the result of a air response he said that decrease in state the contractor. Although Mcbee was not in court to testify it was explained recent meeting of the bus Driv-1 representation a a rep. Harley o. Ers that the Driver must get off the bus and Flag traffic while staggers charged last night. Ural consequence. Congressman staggers Emp a he was seeking damages for the children Cross the Road to pm raising of the Street level which eliminated Access to his Coal cellar. Judge Eddy will Rule on the proceedings at a later Date. A to ignore imports of residual sized that a we Are doing what Oil Glass pottery chemicals and we can to revive our industries Quot bark or Debar the bus. Members of the Pat discussed the problem at length and then state is As ridiculous As if voted unanimously to keep miscellaneous other products in referring to cooperative efforts to a study of unemployment in our reopen the Morgantown ordnance the steel strike were disregarded in Drivers on the buses at All times a probe of joblessness in Pitts it was reported this vote was Burgh last year a a he said taken a to encourage other groups to follow As the child is now protected by Law in crossing the j staggers explained that the loss sources in of markets for West Virginia Coal the works As a Case in Point. He also called attention to the recent offer by Stephen f. Dunn president of the National Coal Asso end visit. He is scheduled to go on to Bogota sunday. Ready Poi a expedition Moscow up the soviet Union is preparing its sixth expedition to the Antarctic for next december according to Moscow radio. The group in training now will relieve scientists presently in Antarctica and will remain until 11962. A the people seem to be taking Tritous purpose should be taken said out from under the tax and that know the tax should be kept on those it calmly Quot chief Sisler a a they re used to it. We items which were resumed As a with its just one of those thing Terra altars Telegraph was out refreshment in Competition and Only one Telephone line was bottled soft drink open to the City. Trains were running but late. A it is quit Sisler stated. Mayor Sanders said most of the City a streets were closed last a the House and Senate finance i committees prepared several i drafts but in order to insure i there would be no question As to interpretation we asked the attorney general a office and the night but Crews were at work tax commissioners office to give continued pm. 2, col. 3 continued pm. 2, col. I pointing to foreign residual Oil elation to cooperate with new As a prime offender. Congressman Yorkus committee on Power re continued pm. 2. Col. 2 a study of Coal trans continued pm. 2, col. 6 today a weather variable Sunshine and cloudiness cold with High 25-32. Yesterdays High was 24, the Low was 14, snowfall two inches. A he d Outing not Nei i attend Church attend the Church of your Choice on Day. Services in Monon Galia and pre counties Are listed on the Church Page Voe. 85, no. 43 member of audit Bureau of circulation Morgantown w. Va., saturday morning february 20. Ism member of Tho a ocly Tod Presa and Tho United Presa Sta National Price ten cents move in parkett Case overruled on technicality the need for Coal research is discussed by West Virginia s two senators with Stephen f. Dunn right president of the National Coal association and Robert a Howe left director of labor s non partisan league. Senators Robert c. Byrd and Jennings Randolph have been leading the Senate drive for enactment of the Coal research Bill which passed the House this week. The senators have termed the measure Quot vital to the Economy of Coal regions and essential to the National defense and general welfare or. Dunn testified in behalf of the Bill before the House committee on Interior and insular affairs. The United mine workers of Amer Ca represented by or. Howe Cire also on record in supp Oil of a Coal research program. 9 v Ali Montani Semper Liberia chapter 8 a mountaineers ire ii in is b rec must bet line Tor la. I iranians by. U. S. Senator Robert c. Byrd in defense of West Virginia taken from the congressional record february 4, 1960 review first Aid fundamentals or. Cd Aries Peter Yost Assoc ate lessor of physical education and supervisor of safety education at the University conducts a re a Resher course for red Cross first Aid instructors who will in turn teach classes beginning feb. 22. Instructors seated in the first Row Are mrs. Robert Creel Otis s. Pansier jr., mrs. D. B. Williamson and William Bonsall assistant professor of physical education the second Row includes mrs. Andrew w. Orrick mrs. A. J. W. Hec Idlee and or s. Olga l. Boyd. Ben Ulrich or. And mrs. C. R. Newton were absent when the photo was taken yesterday afternoon. Editor nolo in Tho belief that ovary West virginian should Road Tho words of United states senator Robert c. Byrd spoken when he held the floor of Tho u s. Senate almost two hours in defense of his state concerning an article in the saturday evening Post the Dominion news is publishing the Complete text As taken in sections from the congressional record make the Reading of this series a must and clip and save them for your own personal record or school record. Or. Randolph or. President i ask my colleague to yield for a Brief observation and a sincere commendation of his speech in reference to the saturday evening Post article. Or. Byrd of West Virginia. I i yield to my distinguished senior colleague. Or. Randolph. Or. President,1 approximately i hour ago in this i chamber we had affirmative action and foresight by a majority of the members of the Senate who supported a Forward looking program for school construction and the payment of Federal funds toward teachers salaries in the expanding Economy of the United j states. I think it appropriate to recall As my diligent devoted and dedicated colleague has recalled the contribution which West virginians have made to the welfare of the nation in Many walks of life i think it therefore pertinent and not a gratuitous statement t o say that a West Virginia girl. Or. Corma Mowerey was the president of the National education association her contribution As a West Virginia teacher and As a Leader in the educational development of our country is a very definite example of the Type of consecrated West virginian who lives beyond the Borders of our state and whose influence for Good is Felt in the country As a whole. Or. President i wish that at the hour of almost la of clock our colleagues of the Senate could have been to have heard what i believe to be the restrained and reason Cun Linued leg. 12, col. B
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