OLDEST HEWSPAPEE M ALASKA—MEMBER ASSOCIATED WW * j
62nd Year No. 121 NOME, ALASKA, WEDNESDAY, OCTOBER 11, 1961 X Per Copyl5^
City of Juneau
Cannot Issue
Or Sell Bonds
JUNEAU (A — The City of Ju
neau does not have the power to
issue and sell bonds for the ac
quisition of land to be used for
expansion of the state capital
site, Superior Court Judge James
von der Heydt said today.
In a memorandum opinion,
Judge von der Heydt enjoined
the city from issuing and. selling
a $1 million general obligation
bond issue approved by Juneau
voters May 10, 1060, for that pur
pose.
Issuance of the general obliga
tion bonds was challenged in a
taxpayers' suit filed March 29,
1961, by William E. Hixson of
Juneau.
Hixson contended, among other
things, that issuance of the bonus
for a purpose other than capital
improvement was a violation of
the State Constitution.
In his opinion, Judge von der
Heydt said:
“Briefly stated, it is the de
fendants’ (the city of Juneau and
the Juneau City Council) posi
tion that since Juneau is the capi
tal of the state, and its economy
is based chiefly upon the business
of government, the procurement
of land for donation to the state
as a capital site constitutes a pub
lic purpose and a capital improve
ment within the meaning of the
Constitution of the State.
“. . . There is nothing to indi
cate that the state . . . has any
interest in the land which the
city proposes ... to acquire and
donate to it.”
Judge von der Heydt said it
was possible the state would
choose other land. He said, too, no
suggestion had been made con
cerning the future legal status of
the property if the state showed
no interest in it.
. . In the absence of any
state authorization or expression
of interest, such may not be ac
complished in the manner here
proposed,” Judge von der Heydt’s
opinion said.
“No matter how willing the
voters may be, they cannot obli
gate themselves to be taxed for
city acquisitions for purposes
which are beyond the city’s legal
authority.” '
I_ ■
Red China Wants
To Confer with U.S.
LONDON M — Red China’s
Foreign Minister, Marshal Chen
Yi, was .pictured today as will
ing—if the United States takes
the initiative—to confer with
U.S. Secretary of State Dean
Rusk about differences between
the two nations.
A Peiping dispatch to Reuters
News Agency quoted die 60-year
old soldier-diplomat as saying
Communist China is willing to
have talks with the United States
at the foreign ministers level as
a step toward' easing tensions.
In Washington, State Depart
ment press officer Joseph Reap
noted only that Chen’s statement
was made in die course of a
lengthy interview and said de
partment officials wanted to look
at the full record at the- Inter
view before .commenting.
■■ ■ ■
Oet.
Judge Hubert Gilbert
Rules Out C.O.D.
Liquor Deliveries
ANCHORAGE (£> — Superior
Court Judge Hubert Gilbert—aim
ing at C.O.D. deliveries of liquor
to Alaskans living in remote and
“di*y” areas—has ruled that a
legal liquor sale is only one made
in a liquor store.
Gilbert, presiding here in the
absence of Judge Earl Cooper,
made the decision at Nome in
denying motions for acquittal and
a new trial for a Kotzebue man
convicted of larceny.
The judge said he learned
through evidence at the trial “of
a custom that has apparently
arisen of shipping liquor into dry
areas,” a custom wherein a per
son forwards an order for liquor
and pays for it on delivery.
'Roland Beaver had been con
victed of stealing liquor from a
building at Kotzebue. Gilbert said
it became necessary to determine
who owned the liquor, and this
gave rise to the question of what
constitutes a legal liquor sale.
The judge said he searched the
law but didn’t find the State Su
preme Court had ruled specifically
on the question.
Under the law, he said, a liquor
dealer must not sell to minors or
intoxicated persons. “Taking those
things into consideration, I con
cluded the Legislature meant a
liquor sale to be made in the
store,” Gilbert said.
The judge also said he con
sidered the shipment of liquor
to communities such as Kotzebue,
Barrow and Bethel to be circum
vention of residents’ rights since
they have voted to be “dry" com
munities.
SPEAKER RAYBURN
UNCONSCIOUS AS
PNEUMONIA SETS IN
DALLAS, Tex. UR — House
Speaker Sam Rayburn developed
pneumonia during the night and
became unconscious, his physi
cian said today.
Dr. 'Robert Short Jr., said he
could not determine when what
he called “the crisis” would come.
Rayburn is receiving oxygen
at times through a mask and at
other times is breathing with the
aid of a machine, the docor said.
Rayburn entered Baylor Hos
pital 10 days ago and doctors
diagnosed his illness as incurable
cancer of the lymph system.
DRAFT CALL SET AT
20.000 FOR NOVEMBER
WASHINGTON UR — A draft
call for 20,000 men in November
was issued today. All will go into
the Army. JL
The November quota is the
same as that for October, but is
5.000 less than the September
quota when the first full impact
of the military building game.
MAGAZINE CORRESPONDENT
ARRESTED IN CHILE
SANTIAGO, Chile UR — Time
magazine correspondent Mario
Planet was held in jail today be
cause of articles on Chile that
appeared in the magazine.
Justice Minister Nerique Ortu
zar charged in the Court of Ap
peals that the articles in the is
sues of June 23 and Aug. 25 “de
famed our country, seriously hurt
ing our international prestige, and
wffl undermine trust in our insti
tutional and economic stability.”
Planet was arrested yesterday
and charged formally with threat
ohina the internal security of the.
Commercial Space
Flights May Be a
Reality by 1975-80
NEW YORK HP) — If your chil
dren are eager to go rocketing in
to space, tell them to start saving
their money.
Commercial manned space
flights could be a reality by 1975
80, a space researcher predicted
today.
Space transportation techniques
are expected to develop raidly in
tiie next 20 years, greatly reduc
ing the cost of a round-trip from
earth into an orbit, or to the
Moon, said H. H. Koelle of the
George E. Marshall Space Flight
Center at Huntsville, Ala.
This could be the timetable,
Koelle told the space flight re
port to the nation sponsored by
the American Rocket Society:
Large, orbiting space stations
carrying men in 1968-59.
A permanent, manned station
on the Moon, 1970.
A lunar settlement by 1975.
Manned expeditions to other
planets starting in the 1972-74
period.
Round-trips from earth to low
latitude orbits involving 5,000
men every year by 1975. Several
men would be involved in each
trip.
About 500 annual men round
trips from earth to Moon by 1975.
Commercial manned space
flights developing in the 1975-80
period. , , ,
“It will be witnessed by the
middle-aged generation of today,
with the younger generation of
today taking an active part in
it,” Koelle suggested.
His prepared paper did not es
timate the cost of the round-trip
ticket into orbital flight or to
the Moon.
Farthing Nets “Mr. X”
$493,515.20 in a British
Soccer Football Poo!
LONDON UP) — A man identi
fied only as “X” was declared the
winner today of 176,259 pounds
— $493,515.20 — in a British soc
cer football pool.
It was the largest payout ever
made in a pool charging only a
farthing — a coin no longer legal
tender — per chance. A farthing
is 7-24ths of a U.S. cent.
Another pool, charging 2 pence
—2 VS cents—a chance, paid a
second anonymous winner 143,730
pounds—$402,444.
Both men exercised their right
—guaranteed by the pools—to re
main anonymous.
Both payments were made on
what is known as the treble
chance pools. In them, gamblers
try to pick eight teams on the
• weekly English and Scottish pro
fessional soccer program which
• will end in ties. Winnings are
tax-free.
Although the farthing is no
longer legal tender, it is stipu
lated as the cost per chance in
some pools. It works out all right
because most players buy a large
number of chances and pay off in
pennies, shillings or pounds.
wither'
Partly cloudy tonight with pos
sible snow showers tomorrow.
Low tonight 10-15, high tomorrow
15-20. In the last 24 hours: High
of 20, low of 14. Sunrise at 6:44
a.m., sunset at 5:55 p.m. Temper
atures a year ago today: High of
36, low of 21. Extremes on this
.date since ltfffc. High of 48 in
1626, low of 13 in 1942.
Hoffa Charged With
$500,000 Fraud Scheme
WASHINGTON Iff) —James R.
Hoffa, president of the Teamsters
Union, was indicted today in Or
lando, Fla., for a second time on
fraud, charges involving alleged
misuse of more than $500,000 in
union funds.
As did an indictment returned
in Orlando last Dec. 7, the new
indictment involves the alleged
misuse of union money to develop
a “model city” in Bevard
County, Fla.
The earlier indictment was dis
missed July 12 on grounds that
it had been returned by an im
properly constituted grand jury.
The first indictment had 12
counts. The new one includes 16
counts. Twelve of these, like the
original indictment, included
eight charges of mail fraud, three
of fraud by telephone, and one of
fraud by telegraph.
The justice department, an
nouncing the federal grand jury’s
action, said the indictment also
names Robert E. McCarthy, De
troit banking executive.
Hoffa and McCarthy were ac
cused of devising “a scheme and
artifice to defraud” four Team
ster organizations in connection
with the establishment of Sun
Valley Inc., a Florida corporation
farmed in October 1954. Its pur
pose was described us the pur
chase of land in Brevard County
and resale of this property to
Teamster members and the gen
eral public.
Electronic Brain Picks
Your Vacation Spot . . .
HAMBURG, Germany </B — An
electronic brain which picks a
vacation spot where the tourist
I will enjoy himself is on view at
an office-machine exhibition in
Hamburg.
The prospective vacationer who
doesn’t know where to go an
swers six questions for a clerk
who punches them on a tape and
feeds it to the robot: Distance he
wants to travel, size of the town,
scenery, comforts required, sports
interests and whether he wants
quiet or lots of company.
The experimental machine,
called the “Zuse Z23,” has more
than 500 vacation spots on file.
It's a Wine Cellar New 1
SAN FRANCISCO UPl — The
city’s Civil Defense director open
ed a series of lectures on how to
build h o m e fallout shelters.
Eighteen persons showed up for
the first one yesterday.
Two, Mr. and Mrs. Everett Mar
shall of Woodside, told CD di
rector A. Cook they already have
a shelter.
“We’re using it as a wine cel
lar now,” Marshall said.
DEATH WAITED IN
THE NEXT RATTLE
ST. PETERSBURG, Fla. UP) —
Death waited in the next rattle
of a deadly toy found by three
youngsters.
The toy was a metal can con
taining a half-pound block of TNT
and TTO blasting caps—enough
to destroy an automobile.
Kim Poucher, 5, and her
brothers, David, 3, and Dana, 2,
found the explosive in an uncle's
garage yesterday.
Their mother, Mrs. John Pouch
er, discovered the lethal play
thing and called police.
“All it needed was one tiny
spark and the whole thing would
have blown,” said Detective Sgt.
, -.v,
School Board
Receives Plans
For New Addition
At the School Board meeting
Tuesday evening, Supt C. Potter
announced the receipt of the ar
chitect’s plans for the two-room
addition over the Gillis addition.
The new addition will be built
next summer. In addition plans
were also included for two fire
escapes to be constructed for the
present building, one on the west
side and one on the east side
leading onto the roof of the grade
school, thence to the ground.
One project which may be
carried out this winter if time
and help are available, will be
the painting of the interior of
the school with fire - retardent
paint. This was a recommenda
tion of the State Fire Marshal
after his recent inspection.
The board acted to request an
additional 90 - day extension on
the moving of the school’s ware
house now located at, Nome Field.
Some concern was expressed
by members of the board that
the school playfield area north.
I of the school had as yet not been,
cleared of buildings as provided
| in the sales agreements.
Two members of the Nome
School Board, Ash Craft and
Clint Gray will attend the state
school board meeting in Fair
banks next week. Supt. Potter
will also attend.
GEN. JAMES A. VAN FLEET
PULLED OUT OF RETIREMENT
WASHINGTON <*> — President
Kennedy today pulled Gen. James
A. Van Fleet out of retirement to
be a .part-time consultant to the
Army on special warfare training
' and readiness of National Guard
divisions.
Van Fleet was Commander of
U.N. forces in Korea for nearly
two years starting in 1951. He
retired in 1953, and now is a
business consultant to a number
of leading U.S. industrial firms.
The White House said Van.
Fleet will be a consultant on
special warfare training, which is
centered at a school at Ft. Bragg,
N.C.
X-15 SOARS TO
ALTITUDE OF 220,000 FEET
EDWARDS AIR FORCE BASE,
Calif. W) — Air Force Maj. Bob
White landed safely today after
setting an apparent new altitude
record of 220,000 feet in an X-15
rocket ship.
The new altitude mark of ap
proximately 41 miles was estab
lished unofficially by ground
based radar instruments. An of
ficial reading was expected short
ly.
The previous X-15 record was
169,000 feet, set last March by
U.S. Space Agency test pilot Joe
Walker.
SPARE THE ROD
AND SPOIL THE CHILD ...
PENSACOLA, Fla. — A Pen
sacola man pleaded guilty to as
sault and battery involving his
14-year-old daughter but the
judge freed him anyway.
Harve Jones, 39, told Judge
Kirke Beall yesterday he struck
the girl because she didn’t re
turn home when told.
“Here’s a man who’s trying to
settle the juvenile delinquency
problem in his own way and gets
jailed for It,” the judge comment
ed.
“I don’t think I should impose
any penalty even if he busted her
lip—oar her bottom.”