Janesville Daily Gazette from Janesville, Wisconsin • Page 8

CTANESVILLE DAILY GAZETTE MONDAY, APRIL 12, 1954 7ANESVTLLE. WIS, oggsggsMon County Denies Right of Taxing To Transport Pupils FORT ATKINSON Neither state nor federal constitutions provide ttie legislature with the right or authority to citizenry for transporting school children, John B. Grogan, Fort Atkinson attorney, toil the Holy Name Society in a breakfast speech Sunday morning at St. Joseph's Hall here. Grogan, who is being sued for $84 which he has refused to pay for transporting one of his children from the Town of Koshkonong to St Joseph's Catholic School in Fort Atkinson, told the gathering that he believes he has the "strongest possible case a Catholic can take to the Supreme Court." The rural school in his district, logtown School, was closed, leaving no public school to which Grogan could send his son other man one in Fort Atkinson, where there also is a Catholic school.

He said Sunday that he intends to take the case all the way to the United States Supreme Court if necessary. General Welfare Is Duty "Transportation legislation has been held constitutional only under the general welfare, or more properly stated, under the police powers, of the state constitution," Grogan asserted. "The duty of the Legislature is to provide for the general welfare of its citizenry. It is compulsory to send your child to school, it is for the general welfare of parents and children to transport them." He explained that around 1921 the Wisconsin Legislature passed an act permitting district schools to close with the provision that the district transport the children to another district school. "Shortly after this act was passed a school district at West DePere suspended and began transporting its pupils, 26 to the parochial school and two to the public school," Grogan said.

"A legal action was started by a member of the school board to cancel the contract with the transportation company for transporting the children to the parochial school. The Supreme Court held that the transportation of the children to the parochial school was prohibited by the constitution and that the school board had no authority to enter into such an agreement. then our. Supreme Court has held mat the children must attend the public school." Cites City's Case Grogan recalled how in 1946 a case came to the United States Supreme Court involving a municipal ordinance providing the reimbursement to parents for money expended in transporting children from the city to the Catholic or public high school in another city. He explained that the court held this was not a vi-.

olation of the First Amendment, mat it did not violate the wall between church and state. "They further held that transportation of school children was constitutional only under the police powers and that as such it was an aid to the parent and child and was for their general welfare, and not an aid to education," Grogan stated. "The court noted that if the act stated that attendance at a public school was necessary to get aid, they would hold otherwise," Grogan added. "In 1947 the Legislature of Wisconsin rewrote the school law to correspond with that view. "Since 1946 the United States Supreme Court has held that transportation of parochial school children at public expense is not a violation of state constitutions.

It therefore appears that if state legislators wish, they can pass legislation that will permit the transportation of all children." Not an Aid to Education Grogan said that he personally cannot see how transportation is an aid to education, inasmuch as education does not begin until the child enters the school building, "and that is after the transportation closes." Grogan called the state law "unjust because It forces a Catholic taxpaying father to pay for transporting children to the public school while his child must walk or he must pay for his ride." "Remember as citizens we art only bound to supply an education," he said. "The transportation is supplied under the welfare provisions, the police powers of the constitution. Therefore the welfare of a Catholic attending the parochial school should be as much the concern of the state as the welfare of a Protestant or Jew or Catholio attending the public school. "I am of the opinion that the present law was constructed with the primary purpose of keeping parochial school children from public transportation. Forces Added Expense think it is unconstitutional because it permits 'the closing of- district schools'where Catholics were under no obligation to send their children to the parochial school.

It then places them in a position of either sending their children to a Catholic school, at their own expense or live in a state of mortal sin. "The forcing of this additional expense on a Catholic is in my opinion a of the 14th Amendment; it denies us equal rights and protection of the law, and is an absolute and direct violation of Article 10, Section 5 of the Constitution of Wisconsin, because it permits a school board to collect taxes without the necessity of operating a school." Pointing out that the tax on real property is so high now that the taxpayer is having great difficulty meeting it, he pointed out that soon new schools will have to be built in Fort Atkinson. "Where will the money come from?" Grogan asked. "Why not supply transportation and let the Catholics worry about new schools and the personnel to staff them? "Just Good Business" "In other words, as far as the average taxpayer is concerned, this transportation of parochial school children is just good business," he asserted. "I honestly believe that it the bishop would announce next June that the Catholic schools would not open in September because of a lack of would be a special session of the Legislature and the matter would be solved once and for all." "Do not get the idea that we are alone in this fight," Grogan told the Holy Name gathering.

"I was astounded to learn large number of non-Catholics who were in favor of transportation. "The great majority of the American people believe in fair play. When this proposition is properly explained to them, they agree that all children should get a ride to and from school. In America, It is equal rights for all, Catholic, Protestant, Hebrew and Negro." Teen-Age Drivers Get Warning FORT ATKINSON of the laws by teen-age drivers must stop," asserted Justice of the Peace Donald W. Fry here Saturday afternoon in fining two 18- year-old Fort Atkinson youths on traffic charges.

'Driving is a privilege, and if violated, ithis privi-; lege will be taken away." After thus warning all teen-age drivers, Justice Fry fined one of the youths, Harold E. Frazier $25 and costs on a charge of falsifying an accident report to the state motor vehicle department, and $25 and costs for allowing an unauthorized person to drive his car. The fines and costs totaled $57. Fry also revoked Frazier's driver's license for at least six months. Then he fined Rolland Dillon $10 and costs, totaling $17, on a charge of operating a motor vehicle without a'driver's license.

Fry stated that, after the youths were arrested at 1:13 a.m. last Dec. 27 at Highway 106 and County Trunk AA, Frazier reported that he was at the wheel in order to shield the other youth, who had no driver's license. It was brought out in court that Dillon, and not Frazier, was driving. DW Professor Will Serve as Critic for Rural Writers FORT ATKINSON The Rural Writer's group will meet in the Dwight Foster Public Library at 7:30 p.m.

Tuesday. Prof. Robert) Gard, of the New Idea Theater in Madison will again serve as critic for articles submitted by members. Prof. Earl Tannenbaum, of Whitewater State College, who recently joined the group, will also serve as critic.

New and prospective members have been urged to attend the meeting. Club Notes Past Matrons of Martha Chapter 66, Order of Eastern Star, will meet Wednesday afternoon in the Masonic Temple. Hostesses win in-j elude Mmes. Paul Case, Clara Hoffman, K. M.

Erickson, O. W. Don kle and Edward Langhoeff and Miss May Mundy. The Mothers Club of Sanborn School met Friday at the home of Mr. and Mrs.

Albert Fomecker. Five hundred was played with prizes awarded to Mrs. Payne Blodgett, Irving Banker, Mrs Banker and Clarence Helgeby. The drawing prize went to Harold Strasburg. Fort Atkinson Briefs Mr.

and Mrs. Harley Fullmer and children, Nancy and Billy, Mrs. Ormay Freye and son, Tom Mason, left Saturday for Augusta, where they will spend a week with Cpl. and Mrs. Jerry Mason.

Mrs. Gail Sampson, her daughter, Judy, and son, David, of Hobart arrived here Saturday to make their home with Mrs. Sampson's parents, Mr. and Mrs. Roy Gibson, Rte.

3. Mr. and Mrs. John Olson Jr. entertained 18 guests at dinner Sunday in honor of the confirmation of their son, John HI.

Guests included the maternal grandparents, Mr. and Mrs. Earl Hinkel and Mr. and Mrs. Nordahl Hartman and two daughters, Mr.

and Mrs. Roland Olson and daughter, Mr. and Mrs. Knute Erickson, Mr. and Mrs.

John Olson Mrs. George Jenks and J. E. Hickey. lng major surgery.

Mr. and Mrs. Orvin Frisch were hosts at a family dinner Sunday following the confirmation of their daughter, Mary, in the Methodist Church. Guests included Mr. and Mrs.

A. R. Langholff, Mr. and Mrs. Harry Becker, Mrs.

Marie MenzeL Mrs. William Spaeth and Walter Frisch. Mr. and Mrs. C.

A. Downing have returned to their home here after spending the winter in Lakeland, Fla. Mr. and Mrs. Sheldon Vosburg, Milwaukee, were weekend guests of Mrs.

Vosburg's parents, Mr. and Mrs. Dean Roberts. Five children were baptized during services in the First Congregational Church Sunday by the Rev. Charles Brown.

They were Thomas Michael Kutz, son of Mr. and Mrs. Laverne Kutz; Nancy Shaw Angus, daughter of Mr. and Mrs. Robert Angus; Rochelle Ann Gassett, daughter Mr.

and Mrs. Archie Gassett; Julie Ann Metzker, daughter of Mr. and Mrs. mer Metzker; and James Kenneth Drewry, son of Mr. and Mrs.

Ken-; netto Drewry, Evanston, Dl. Bay Hansen, Rte. 2, Fort Atkinson, phooe I359-X, Is head of tbe Fort Atkinson and Jefferson County news bareaa of the Gazette. Fort Atkinson social and perso may be phoned to Mrs. Charles Ward.

1006 Elsie phone 148S-J. Agent fa Mrs. Jf. Morgan Allen, 319 Maple 439-W (after 4 p. George Sherman returned home Saturday from Methodist Hospital, Madison, where he had been a patient for tite past two weeks follow- HAVE XOjy TRIED THIS Sr.

Edwards' Olive Tablets combine three of the most effective yet in one tiny tablet pure-vegetable ingredients Braised by highest medical authorities for constipation. One of tbe laxatives in Olive Tablets activates the smail intestine. The other two, the large itntestine. In this way, Olive Tablets 'clean out waste and gassy bloat itfram entire intestinal tract to help 90a feel roil Delegates Named by Women Voters LAKE MILLS-Mrs. Robert Hanusa and Mrs.

David Heitz have been elected delegates to the State League of Women Voters tion at Lake Delton May 18-19. Mrs. Earl Plowman and Mrs. Palmer Daugg will act as alternates During a business meeting of the local League of Women Voters conducted by the newly elected president, Mrs. Al Zurbuch, in the home of Mrs.

Edna Alexander, Mrs. Daugs was elected as director for a one-year term. Mrs. Plowman was featured speaker on "Taxation." Jeanne Janisch, David L. Zastrow Wed in Waterloo Jeanne Janisch, daughter of Mr.

and Mrs Cyril Janisch, Waterloo, became the bride of David L. Zastrow, son of Mrs. Birdice Zastrow, Waterloo, at p.m. Saturday in St. Paul's English Evangelical Lutheran Church.

The Rev. LeRoy Futscher officiated. The bride's dress was of em broidered nylon tulle over white satin. The long-sleeved bodice was topped by a rolled tulip-shaped collar. A front detail of scallops began at the neckline and descended in.

a curved pannier effect over a center accordion pleated tulle panel, and ended in a chapel length train. She wore a matching tulle cap, adorned with tiny seed pearls with a fingertip silk illusion veil. She carried a cascade bouquet of white daisies. Mr. Janisch gave his daughter in marriage.

Mis Eileen Virchow, and Miss Geraldine bridesmaid (wore matching gowns of powder blue net over taffeta. The dresses were strapless, topped with briefj taffeta jackets, and had skirts of tiered net. They wore half caps of small blue flowers with nose veils and short white gloves. Their bouquets were of blue and white daisies. Shari Feutz, flower girl, a sleeveless dress of white net over County Federation Officers Honored LAKE MHiLS-JNew officers of the Jefferson County Federation of Women's Clubs were honored at a tea closing the organization's convention here Wednesday.

Feted were Mrs. Andrew Bolay, Fort Atkinson, president; Mrs Clarence Newman, Waterloo; president; Mrs. Gordon Cronin, Waterloo, second vice president; Mrs. Lynn Seymour, Fort Atkinson, secretary; Mrs. M.

R. Gilbertson, Fort Atkinson, treasurer; and Miss Ruth Potter, Lake Mills, historian. Mrs. Leo L. Barfknecht of Lake Mills poured.

Theme for the convention was "Make us to grow calm, serene, gentle." Mrs. Philip La Follette, guest speaker for the afternoon session, told of her work in finding new experiences and employment for older women. Six to Compete' in State Meet of the 39 Jef-j ferson High School entries in the recent Whitewater music festival have won first star ratings and will enter the state music contest at Madison May 15. They are: Shirley Linder, class vocal solo, "Into the mixed double quartet, Shirley Linder, Arlene Schemm, Phyllis Messier, Helen Taylor, Glen Fuerbringer, Robert Green, Dick Davies and Ronald Sinclair, "Come Again Sweet Love;" Mary Lee Mundschau, class sax solo, "Believe Me If All Those Endearing Young Charms;" Lance Schultz, class sax solo, "My Regards;" Bruce Buelow, trombone solo, class "Philistine;" drum quar- tet, class William Strohbusch, Gerald Glitzky, Henry Fischer and Michael Slechta, "Drummer's Patrol." Twenty-five Jefferson students received first place ratings and 13 second place. Confirmation Parties Many confirmation parties were held Sunday honoring young people confirmed in St.

John's Lutheran Curch by the Rev. R. W. Mueller. Among them were Mr.

and Mrs. Theodore Leiting, taining for their daughter, Arlene. Guests were Mr. and Mrs. Fred Rasch, Mr.

and Mrs. August Rasch, Mr. and Mrs. Lyle Rasch and family, Richmond, 01.: Mr. and Mrs.

J. Rasch and family, Mr. and Mrs. Norman Rasch and family, Mr. and Mrs.

Elmer Rasch, Wilmot; Mr. and Mrs. Henry Leiting, Mrs. Ida Rasch, Messrs. and Mmes.

Kenneth, Alvin and Harold Leiting, Mr. and Mrs. A. Wade, Kenosha; Mr. and Mrs.

Rasch, Slades Corners; Mr. and Mrs. Allen Vogt, Burlington; Mr. and Mrs. Don Rasch and family, Twin Lakes; Mr.

and Mrs. Emery Butterfield, Madison; Mr. and Mrs. Stanley Pohlman, Waterloo; Mr. and Mrs.

Wilbert Richards and children, Jefferson. Mr. and Mrs. Matt Bass entertained for Barbara: Mr. and Mrs.

Roy Smith, Janesville; Mr. and Mrs. Martin Steinhauser, Fort Atkinson; Mr. and Mrs. Henry Kho- err, Johnson Creek; Miss Marian Bass, Milwaukee; Mr.

and Mrs. Mrs. George Biederman, Mr. and Mrs. Clarence Behnke and Richard; Donald Biederman, Mr.

and Mrs. Wilbur Biederman Shy Bass Fail to Appear for Fort Fishing Contest blue taffeta with a tiered skirt. Lewis White, the groom's cousin, served as best man. Grooms man was David Janisch, of the bride. John Miescher and Eugene Bennin were ushers.

Bruce White, Milwaukee, cousin of the groom, was organist. A reception for 350 guests was held in the Community Building, Both the bride and groom were graduated from Waterloo High School. He is employed at the Art- craft Press, Waterloo, while she is secretary at Waterloo High School, The couple will live on Mill street 1 here. Torssell Studio LUCKY FISHERMAN Warden Willard Laesch of Jefferson takes a look at the fish held by Billy Harris, 11, at a fishing contest for youngsters held Saturday on the banks of the Rock River in Fort Atkinson. Looking on'wistfully (from left) are Michael Kennedy, 11; Thomas Ponyicsanyi, 11; Joe Harris, 10; Kay Blevin, 12, and Verjean Vogel, 12.

The contest, sponsored for the first time by the Wisconservation Club of Fort Atkinson, featured more prizes than there were fish caught, but all the boys and girls participating had fun anyway. The prizes left over are to be used later in another fisheree when the white bass are running. FORT ATKINSON Everything was perfect here Saturday for the fishing contest sponsored for youngsters by the Wisconservation Club of Fort Atkinson. Everything, that is, except the fish were not biting. There were about 100 youngsters between the ages of 8 and 20, including some girls, who tried then- lines in the Rock River in hopes of capturing one of the many prizes offered.

And the weather was not sunny when the clouds drifted not too chilly. But the white bass, for one thing, were not running in the Rock. When the contest ended at 4 p.m., all the efforts of the they really tried hard- resulted in only six fish being caught. The haul included two carp, two bullheads, one sunfish, a bluegill and a sucker. There was one walleye pulled in, but it measured lU-i inches and was tossed back.

From early in the morning until the shadows began to lengthen in the afternoon, there was a good crowd of youngsters lining the south bank of the Rock River from the Main street bridge east to Hoard's Creameries. There were snagged lines and floating debris hooked as the young enthusiasts tried for those prizes. One lad dropped his pole into the murky water. This minor catas trophe called for two men to man a boat in order to fish it out for him. The committee was so impressed with the never-say-they-won't-bite spirit of the young anglers that it decided to hand bait prizes to every youngster on the bank.

The six lucky youngsters with the legal catches each received a major prize. There were so many prizes left, however, that the men decided to hold another fisheree as soon as the white bass are running in the Rock River. and Carolyn. Guests of the Don Lees honoring Sandra were Mr. and Mrs.

Johr, Madison; Mrs. Louise Thurow and Gertrude, La Crosse; Mr. and Mrs. Ed. Rindfleisch and Ann, and Mr.

and Mrs. O. W. Jungkuntz. Mr.

and Mrs. John Frohmader entertained for Sandra. Guests were Mr. and Mrs. Ellsworth Knutson, Rockford, Lloyd Griep, Watertown; the Rev.

and Mrs. R. W. Mueller and Helen, and Mr. and Mrs.

Edwin Seifert. Guests of the Russell Langs honoring Sharon were William Lang and Mr. and Mrs. Paul Lang and Lois. William Lang left Sunday for Oconomowoc for an indefinite visit with Mr.

and Mrs. Henry Pottratz. Mr. and Mrs. Walter Schloesser entertained at a family dinner honoring their daughter, JoAnn.

Out- of town guests were Mr. and Mrs John Block and Susan, Watertown; Mr. and Mrs. Gust Koch, Mr. and Mrs.

James Koch and Dennis, Fort Atkinson. Guests of the John Geyers, honoring their daughter, Barbara, included Mr. and Mrs. Norbert Borck and family, Mayville; Mr. and Mrs.

Everett Borck, Mr. and Mrs. Harold Masche and family, Lake Mills; Mr. and Alan Crouch and Joy, Rockford; Mr. and Mrs.

Adolph Oestreich and Daryl, Mrs. Dora Mallow, Mrs. Minnie Borck, Mr. and Mrs. Stanlye Morris and Mr.

and Mrs. Henry Lueck and Janet, Mr Mrs. Glenn Hoffmann entertained for Betty: Mr. and Mrs, H. Kube, Mr.

and Mrs. Lloyd and son, Mr. and Mrs. Arnold Kube and daughter, Mr. and Mrs.

Robert Braman and children, Mr. and Mrs. R. Artndt, Carl Kube, Miss Caroline Lemke, Fort Atkin son; Mrs. Frank Hoffmann, Hebron; Mr.

and Mrs. Armin Britzke and family, Mr. and Mrs. Edward Kube and daughters. Mr.

and Mrs. Maynard Helle' had as their guests honoring Beverly: Mr. and Mrs. E. Krueger and family, Rome; Mr.

and Mrs. H. Punzel and family, Mr. and Mrs. H.

Biasing and family, and Mr. and Mrs. Otto Helle. Guests of the John Fuerbringer's honoring Sherwin were his sponsors Mr. and Mrs.

George Benjamin, and Dennis, West Allis Mr. and Mrs. T. L. Diestler, Janesville.

Mr. and Mrs. Clarence Frohmader and family were guests of Mr. and Mrs. Ernest honoring their son, Robert.

Mr. and Mrs. Max Tesch entertained for their daughter, Nancy: Mr. and Mrs. E.

Ahoner, Juneau; Mrs. Fred Luedtke and daughters, Neenah; Mr. and Mrs. H. Stindt, Mrs.

Hazel Stindt, Eldorado; Mr. and Mrs. Arnold Zickert, Marshall; Mrs. Augusta Zickert, Waterloo; Mr. and Mrs.

James Schmied and family, Mr. and Mrs. Orville Steffan and Carol, Watertown; Mr. and Mrs. Alvin Zickert, Milwau- wmmmmm Setchell-Corlson 1 Unitized Television Before you buy let us show you the best for less.

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Thtt because my hourly wage rate is now nearly less than ten years ago. WISCONSIN POWER AND LIGHT COMPANY Sp. P-U-H kee; and Mrs. Louise Zickert and family, Fond du Lac. Mr.

and Mrs. Henry Gross, sponsors of Nancy Lederer, and Mr. and Mrs. Albert Steinke, Fort Atkinson, were guests of Mr. and Mrs.

Marvin Lederer. Jefferson Briefs Dale Steven, infant son of Mr. and Mrs. Charles Montgomery was baptized Sunday in St. John's Catholic Church toy the Rev.

Michael Jacobs. Sponsors were Mr. and Mrs. James Montgomery. Dinner guests in the home of the maternal grandparents, Mr.

and Mrs. Ray Biederman, included the sponsors and their children, and William Berg. Mr. and Mrs. William bach were hosts at dinner Sunday honoring the second birthday of their son, Joe.

Guests were Mrs. Viola Stoppenbach, Mr. and Mrs Ervin Hauser, Joseph and Mary and William Hauser. Mrs. Walter Schloesser and Mrs.

Joe Procknow were co-hosts Friday dn me home of the former at a neighborhood bridal shower honoring Miss Nancy Schroedl, whose marriage to Jerome Wedl takes place May. 8. Prizes in Monte Carlo whist went to Mmes. Richard Biederman, Arthur Harder and Carl Wedl. Merlin Streim and two little 8th grade Indian students of his class at Lac du Flambeau, spent the weekend with his parents, Mr.

and Mrs. Edwin Streim. One of the girls participated in the Badgerj Spelling Bee at Madison, Saturday. Mrs. Albert Henry, Mrs.

Lena Seeber and Helen, Mrs. Eldon Wineland and Mrs. Ray Wittl attended a 6:30 supper and meeting of the Robert G. Doole, USWV Auxiliary, Fort Atkinson, Friday. Mrs.

Henry and Miss Seeber were on the serving committee and Mmes. Wineland and Wittl joined the organization. Marilyn i brin Fort Wayne, and Beth Frohmader, students at Valparaiso, came here Friday to visit in the Clarence Frohmader home. Miss Piepenbrink will remain until Tuesday and Beth will vacation until April 20. Richard Frohmader, Thiensville, also came Friday to spend until Easter Monday here.

Mr. and Mrs. Norrran Robisch, Mr. and Mrs. Sylvester Robisch and David, Cincinnati, Ohio, spent the weekend dn the J.

G. Robisch and Mrs. John Wolfgram homes. Mrs. Norman Robisch remained to spend this week with her mother, Mrs.

Wolfgram. Mr. and Mrs. Edwin Woodward, Helen and Judith, and Glenn Wenzel attended a confirmation party Sunday in the Lawrence Kutz home, Fort Atkinson, honoring their son, Richard. Mr.

and Mrs. A. E. Makholm entertained at a theater and supper party Sunday honoring the ninth birthday of their daughter, Barbara. Guests were Betty Stengel, Auriel Grimm, Ann Brich, Kathy Connelly, Nancy Jark, Vicki Brandel, Gail Hamann, and Laura Mae Lidicker.

Miss Shirley Ryan, 3rd and 4th grade instructor at St. John's Catholic School, is spending her spring vacation with friends in Alabama. Mr. and Mrs. Russell Miller and Guy, Waukesha, came Saturday to spend until Wednesday with his mother, Mrs.

Carrie Miller. Mr. and Mrs. Claire Greenwald and John, Skokie, HI. spent the weekend with her parents, Mr.

and Mrs. Fred Higgins. Mmes. A. H.

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