Arizona Republic from Phoenix, Arizona on December 8, 1953 · Page 1
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Arizona Republic from Phoenix, Arizona · Page 1

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Tuesday, December 8, 1953
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REPUBLIC CITY Phoenix Weather Variable high cloudiness - with little change in temperature. Yesterday's temperatures: high 63, low SO. Humidity: high 78, low 27. Arizona- weather Page SO. 'HE Today's Chuckle A business man to his secretary I ''"Take a- letter to Jones, Smith. "Brown Johnson Gentlemen: rSecretaryi "I - beg your pardon, ,ltut I must differ with yo. I've been out with all four of them." Indians9 Rights To Be Aired Pyle And Thornton To Discuss River Issue In Denver By BEN AVERY THE STATE'S GREATEST NEWSPAPER 64th Year, No. 104 36 Pages Phoenix, Arizona, Tuesday, December 8, 1953 Entered at Post Office m second class matter wider Act of Congress. March &, "1879; 45c week Seven Cents rui JL I LTD U KEPUBL c GOVERNOR Pyle said yesterday he will go to Denver tomorrow to confer with Gov. Dan Thornton of Colorado on the Indian water rights question that has been injected into the Arizona - California lawsuit over the Colorado River. The Arizona eovernor will h Iff I Mouer, chief cuunsei ior the Arizona Interstate Stream Com. mission, and Governor Thorn- ton will be flanked by Jean chief counsel for Breitenstein, the Colorado Water Resources isoara. Purpose of the conference, Governor Pyle said, will be "to discuss our relative positions at this juncture, and explore the' various avenues open to us for co-operation". What is this Indian water rights question? It is generally conceded, based upon old court decisions, that the Indians are entitled to as much water as they might need. But there must be a limit to everyone's use of water in a state like Arizona where there just isn't enough to go around. Some tribes already have had limits imposed upon them. Take, for instance, the Indians of the Salt River Reservation east of Scottsdale. In the Kent decree of 1909, handed down before Arizona became a state, the gravity water rights of the Salt River project were fixed and the Idians were given a prior right to 700 miners inches of water out of the Salt and Verde rivers. And In the Sames decree on the Gila, the waters stored in Coolidge Dam were divided between the whites and the Indians on a 50-50 basis. But on the Colorado River, no such decree has been handed down up to this time. Attorney General i'K' edinhispeti- Brownell first asked tlon of intervention that the UJ5. Supreme Court hold that the rights of the Indians were "prior and superior" to the rights of both states. All reclamation law has been based on the theory that state laws should be supreme on the question of water rights. Immediately the questions were raised: What effect can this have on established water rights acquired under state laws? If the Indians are placed on a level superior to the states, can water be taken away from present users who obtained their rights from the states, and expensive reclamation projects rendered waterless to satisfy the Indians' need for water? The clamor raised by the Western governors caused Brownell to withdraw his petition, and he has now dropped his "prior and superior" contention, but. insists on going ahead with an adjudication of Indian water rights. Next comes the question: Can this adjudication be confined to those water rights along the main stream of the river, or will it involve rights on every tributary? And what about established decrees, such as the Kent decree and the Sames decree? - m If the question is confined to rights along the main stream, the Colorado River Indian Reservation at Parker will be the principal area affected. This reservation has at least 100,000 acres of irrigable land in Arizona. On it are the Mohave and Chemehuevis Indians,, who traditionally lived on both sides of the river, but who have all been moved into Arizona. Shall Arizona be required to supply all of the water needed by these Indians? The court can hardly escape that question. Then there is another question that must be answered. . The number of the Mohave and Chemehuevis tribesmen is small, but in recent years the government has been resettling Hopls and Navajos on the Colorado River Reservation. Shall water be reserved for all Navajo and Hopi, or shall it be allocated on the basis of a reasonable amount of water for each acre of irrigable land and left at that. In Arizona and most of the other Western states, water rights and the land are inseparable, so under this, law no water rights could be established that could not be attached to the land. And Arizona law . also provides that failure to use water for five years results in a forfeiture of the water right. Are the Indians to be "superior" to these state laws? KIHVAi U. SJ.Bealt - Ta'frkatrA Tlfrrvvn tionc Jnr Moore, of 2518 W. Campbell, an Arizona A-rrtiiidcu. lctuidLiuiis Attractions workman, prepares to cut down some Christmas decorations Damaged decorations over. Van Buren at First Street last night. (Republic Photo, Willis Peterson) - - Reds Spurn 'Final Offer' PANMUNJOM, Tuesday (UP) The United Nations threatened today to end negotiations for . a Korean peace conference unless the Communists accept a "final offer" submitted today which was immediately rejected by both the Communists and South Korea. These rapid-fire developments plunged hopes for a peaceful settlement in Korea to their lowest point since the current talks opened Oct. 26: American Envoy Arthur H. Dean submitted a draft agreement for setting up the peace parley that he termed a "final offer", and warned the Reds he would break off the talks unless they accept it "in a reasonable time." South Korea boycotted today's meeting here because the Dean proposal agreed to Communist demands that neutrals be invited to attend the conference. South Korean Foreign Minister Pyun Yung Tae said South Korea will never waver from its opposition to neutral attendance. The Communist rejection apparently was based on Dean's insistence that Russia participate on the Communist side. Bible Distribution Illegal, Court Says TRENTON. N. J. (UP) The distribution of Bibles public schools was ruled in un- constitutional by the New Jersey Supreme Court yesterday in the first test case challenging the Gideon Society's nationwide evangelical program for school children. Real Life Pagliacci o Clown Laughs As Heart Breaks MEMBERS of the Wayne-Fellows crew, filming "Ring of Fear" here, liken Emmett Lynn to Pagliacci, the fictional clown who laughed while his heart was breaking. Lynn plays the role of Twitchy, the clown, in the Clyde Beatty circus movie. His picture appeared on Page One of The Republic Nov: 26. Yesterday he was on hand as usual for some important scenes which were to be filmed, and he performed flawlessly. - v But he asked to leave the location early to fly to his North Hollywood home. His 17-year-old daughter, Fawn Lynn, had died at dawn of leukemia- which were damaged in Big Three' Agrees Joint Strength Best Guarantee Of Peace . TUCKER'S TOWN, Bermuda, Tuesday (UP) The Big Three ended a historic island conference early yesterday in agreement that the best guarantee of world peace and security is their joint strength And firm desire for it. President Eisenhower, Prime Minister Winston Churchill of Great Britain and Premier Joseph Laniel of France issued a communique which said, "If the danger of aggression now appears less imminent we attribute this to the mounting strength of the free world." They pledged themselves to work for an early Korea political conference, to offer strong support to theFrench in their fighting in Indochina, and to accept Russia's offer of a Big Four foreign ministers' conference in Berlin"-at an early date, probably Jan. 4. THAT CONFERENCE - will discuss the reunification of Germany, the question of an early Austrian peace treaty, and perhaps "other major international problems," the com munique said. The Western Powers said they "cannot accept as justified or permanent the present division of Europe," and said they hoped that "peaceful means will be found to enable the countries of eastern Europe again to play their part a free nations in a free Europe.". " The Big Three said the North Atlantic Treaty Organization (NATO) was the keystone of their defenses in Europe and pledged themselves to early completion of the European De- violent wind storm Friday. intersection were replaced 1 fense Community by which West Germany would supply 500,000 men to the defense of free Europe. BUT THEY emphasized that there "is no cause to fear that the strength of the West will be invoked in any cause of wrongful" violence." "On the contrary," the communique said, "the fundamental principle of the United Nations Organization which we serve is that the guarantee against aggression shall be universal." Only Churchill and President Eisenhower attended the final meeting. Laniel is still ill and was represented by his foreign minister Georges Bidault. SUPPORT FOR France in Indochina was agreed yesterday with the United States reported ready to send a military mission to Indochina to help train the Viet Nam army fighting the Communists. Secretary of State John Foster Dulles was reported to have convinced the French that within 18 months a large number of French troops fighting in Indochina could be withdrawn if the US- training . mission were put into effect promptly. The projected mission would be similar to that rushed to Greece when the Truman doctrine against communism was put into effect. . PRESIDENT Eisenhower devoted what spare time he could find to .working over the text of a speech on atomic perils heralded as the most momentous of his administration he will deliver to the United Nations General Assembly in New York today. j The President's address about the prospects of a hydrogen bomb war will be carried by two Phoenix television channels and four radio stations. KPHO-TV and KTYL-TV will telecast the event at 2 pjn." v 'KOY, KTAR; and KOOL. will broadcast the . speech at the same hour and KPHO will have it at 11 p.m. " ck In Federal Hands Tied By Court WASHINGTON (UP) The supreme court dealt a blow to the government's anti-gambling drive yesterday and ruled that a slot machine dealer doing business entirely within a single state cannot be forced to register with the attorney general. In another decision, the high court ruled that striking employes may be fired for dis- . paraging their employer's product if the criticism has nothing to do with ' the labor dispute. f!t The tribunal's 5-to-4 decision in the slot machine jcase was a defeat for the justice department which had argued that the registration was necessary to the proper enforcement of a 1951 federal anti-gambling law. THE DEPARTMENT had argued that it would be difficult to trace an illegally transported slot machine from one state to another unless all the transactions within each state were known. The ruling in the slot machine cases leaves unimpaired the federal law's effectiveness on interstate shipment of "one-armed bandits" except into states where they are legal. The 6-to-3 decision in the labor case narrowed labor's rights under the Taft-Hartley Act. The court majority held there is "no more elemental cause for discharge of an employe than disloyalty to his em-' ployer." . . . .; , ; , - - IN OTHER decisions, the court: I Agreed to review a New York State law which .forbids commercial banks, including national banks, to use the word "savings" in advertising. Denied a hearing to ' Col-- umnist Drew Pearson in a libel suit brought by Mrs. Mary G. Gariepy of Detroit in connection with tw 1949 radio broadcasts by Pearson. The decision means that a jury now may hear Mrs. Gariepys charges. O Ruled 7 to 2 that an investor may sue a broker for alleged misrepresentations despite an advance agreement to arbitrate disputes. A Refused- to review a back pay award to 800 Chicago liquor salesmen whose employment was stopped when their union called' a strike against one distributor. The 1951 federal law prohibits the shipment of gambling machines in interstate commerce except to states where their use is legal. Dealers are required to register and file reports on sales and deliveries. CONGRESS PASSED the law . as a crime deterrent because it found that the slot machine manufacturing business, centered in Chicago, is allied closely with nationwide crime syndicates. Testimony before the old senate crime committee showed that profits from industry ran into billions of dollars a year. Witnesses testified that much of-the money was used to pay off public officials to overlook many forms of- syndicated crime. - Justice Robert H. Jackson, speaking for the majority, said the justice department's interpretation of the law carries the federal government too far into law enforcement areas reserved to the states. - YHATS fOUR PROBLEM semi Need to sail year hem ? Or bay hort? Ut th Republic nd Gitt Want Ad. Mor th hJf m million Arixenant a year gat fast buying and salting actio through tha Want Ad! To placa a Want Ad yourjalf, jut . . PHONE AL 8-881 1 wd ask far baiafsi taker & use V War 5- 'GEE, I WON Coleen MacNeill, 20 - year - old blonde beauty from University of California, registers both . surprise and pleasure on hearing she's been named California Maid of Cotton. (AP Wirephoto) Storm Death Toll Mounts In Yicksburg VTCKSBURG, Miss. (UP) Sleepless rescue workers pulled three -more bodies; - f rom . the flattened wreckage, of this tornado-torn city yesterday while not far away grieving families buried many, of the 31 dead. Two days after the frightful twister crashed down on the center of this historic Missis- sippi River town, workers still dug toward the bottom of the debris. They sought another missing, child and a man - last seen going into a store - just before the storm struck. . Officials " feared that r the youngster ' was trapped in the wreckage of a downtown theater where the bodies of five other children were removed earlier. The body of Kay Warren, a 19-year-old high school student, was pulled from her father's clothing store at 2:50 p.m. yesterday . after a bulldozer uncovered two unidentified bodies. Emergency crews managed to restore gas service in most of the city of 20,000 late yesterday and residents, who had shivered through sub-freezing - temperatures Sunday night, had heat for the first time since the storm struck. - City Traffic Engineer R. Wayne Morris Dies Unexpectedly CAPTj?IN R. Wayne Morris, Phoenix's first full-fledged city traffic engineer, died unexpectedly last night in St. Joseph's Hospital. . - On the job up to the last weekend despite a recent serious loss of weight, the jolly, 44-year-old Morris became ill Sunday and lost consciousness. He was ; ; ; 1 taken to the hospital where he rallied for a time, then died about 6:30 p.' m. yesterday. Cause of death had not been established definitely last night, but one physicfan said Morris had been suffering from a diabetic complication. MORRIS . WAS a city police officer who, without formal training as a -traffic engineer, schooled himself in the latest development in the science of R WAYNE MORRIS ft 1 . ' f - - j -mnxjr On Jurist Suspends Sentences Of 26 KINGMAN (AP) Twenty-six leaders of the uprooted Short Creek polygamy colony were given clemency yesterday by a judge who said he refused to make martyrs of them by imprisonment. . . But Superior Court Judge Robert A. Tullar sternly warned that he would send them to the penitentiary if they returned to the practice of plural marriage. "We will stamp oujt polygamy in this state," Judge " Tullar said. "You are a band of forlorn men soon to be forgotten." The 26 pleaded guilty a week ago to charges of conspiracy of committing open and notorious cohabitation. At the same time, similar cKarges against seven other men and 62 women were dismissed.- All had been arrested in the spectacular July 26 raid on the isolated little community on the Arizona-Utah border. Labeled as the inner circle of the polygamy cult by the. state, the 26 neatly dressed men, young and old, stood silently as their attorney made an impassioned - plea-for leniency "to allow for rehabilitation." AND THEIR faces remained immobile as Judge-Tullar excoriated them for "purposely defying the law." The court directed that the suspended sentences continue in force until Dec. 1, 1954. These conditions were imposed: to restore "gas service in most of "1 You will not violate any -1- laws. "Q You will report by letter each month to the. Mohave ' County probation officer and give your residence address and state if you have been away during the month or whether . you plan to move during the coming month. "O . You will state whether or not "you have practiced polygamy in the previous 30 days. . ,! ' ! ' .. , ' ' . 3-J- "A violation by any one of you and the individual will be sentenced to prison.'? v, -vs , The polygamists' attorney, Aaron Kinney of Phoenix, recited a poem entitled "Return" and quoted from the Bible in his plea for "a method of kindness." "These peopie are pledged to practice brotherly love and charity," Kinney told the court. JUDGE TULLAR then solemnly told the defendants: . Most of the clamor and outcry has died away and the time has come for you to face up to the majesty of your government and the dignity of the law. "The law serves you as it serves all. It is not my desire to cause you humiliation for no one is without sin. "My insight " is objective. I find fanaticism Is ignorance and yet I find among you keen intelligence, wide education, heroic war service, pleasant personalities, and yet you have pleaded moving traffic through congested commercial centers in the fastest; safest way. He was instrumental in setting up the system of one-way streets which was adopted last year to speed traffic flow. City officials were unprepared for news of Morris's death. "It's hard to believe, said City Manager Ray W. Wilson.-"He will certainly be missed." "'He was doing, an excellent job," added Kenneth K. King, public works director; " ALTHOUGH he was a graduate chemical engineer, police work came naturally to Morris. His stepfather is C.. M. Goodnight, retired Phoenix police captain and several times acting city police chief. Morris became a police patrolman in 1938. He rose through the ranks to become "a captain. In 1946," when the traffic engineering division was divorced from the police de partment, Morris- obtained a leave from the department to become traffic engineer. '. r He was a Mason ' and a Shriner. ' ".. . - In addition to his stepfather," he is survived by his wife, Elizabeth, and a' daughter. An-, toinette. The family residence is at 1820 N. Seventh Ave. guilty to crimes involving moral turpitude. "There, are no mitigating circumstances - as you purposely defied the law. x x x ; , "YOU HAVE " hidden your crime behind a religious banner." Judge Tullar said he had checked into the doctrine of their belief, and quoted from the sixth chapter of Genesis to refute the doctrine of plural marriage. "The Bible didn't comWrce with polygamy and the word of God shows no warrant for your action," he said. "To force a young girl into a plural marriage is bondage and . when you say it was voluntary that is a quibble on words. , "You had to be stopped. Your crime was more enormous be- -cause you caused little children heartbreak.' I don't hon-esUy believe that I can rehabilitate you gentlemen. You have an unshaken belief and I have heard not one word of repentance from any of you. "TO IMPRISON you would not deter others but would make you martyrs." "Some of you," Judge Tullar continued, "have faced the enemies of America on the battlefield bravely but at Short Creek you have given ait', and comfort to our enemies. You are heroes and martyrs in Moscow because you defied organized law. "I found the fallacy In your communal or communistic way of Jife when I. found the top brass Tiad the' best and the largest homes and the best and largest cars." v Judge Tullar observed that his recent visit to Short Creek convinced him that the state used the correct tactics in sending big columns of officers into the town from the north and east. "A . small force would have (found a deserted city," he said. JUDGE TITULAR paid his re- , spects to members of the Church of Jesus Christ of Latter-day Saints for taking care of the Short Creek mothers and children in their homes. All of the Short Creek children are under , jurisdiction of the juvenile .court. They cannot be taken back to Short Creek. Nor- may the plural wives rejoin their-husbands. The state has threatened legal action against the polygamous wives should they attempt to -return. - . Placed under suspended sen -tence - yesterday were Daniel Barlow, Louis Jessop Barlow, Joseph Israel Barlow, David R. Bateman, Lee ' BisUine, James Warren Black, Leonard Black, David J. Broadbent, Lynn Cook. William Benjamin Cook, Jack W. Cook, Carl N. Holm, Lynn Hunter, Dan Calvin Jessop, Edson Porter Jessop, Joseph S. Jessop IL Richard Seth Jessop. Gregg N. . Jessop, Virgil Yates Jessop, Le-roy S. Johnson, Melvin Elmer Johnson, Rayo Spencer Johnson, . Warren ' Elmer Johnson. Clyde' Chapman Mackert, Floyd Otto Spencer and Gerald R. Williams. . They were free to go home. "All our worldly possessions arel in Short Creek," said Edson Jessop.; . .,- .. ?Fm going to stay there. It's the only home I have." on inside ErVsss OHIO'S Governor Lausche to seek unprecedented fifth term. Page . ? l-Pajrej -' "". Page Comics 24! Sports. 2S-28, Editorials- ft,1 Theater 25 Financial - 2 Want Ada 30-35 Radio-TV 2J-231 Women's 2-21 i ...". i m s r 1 I ,1 J. 6

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