The Pittsburgh Press from Pittsburgh, Pennsylvania • Page 2

SUNDAY, JUNE 10, 1951 PAGE 2 THE PITTSBURGH PRESS 2 a v'tilVKtsKttKmmKtKttKKM II" 4. After Rebuke by Supreme, A A Court A Coal Industry Liz bar yo tesctae f. s. -Jt 0 Schlesinger Case Labels Attorney 'Quisling Suspect Questions Right to Practice Law Judge Michael A. Musmanno has urged the bar asso-tion to take over his unfinished battle against Attorney Hymen Schlesinger, whom he calls a "Quisling suspect." He also courteously pointed out to the Supreme Court that no one else ever has called an action of his "detest ft waters, children found time to wade and play.

Although over the roofs of autos at times, the waters quickly receded. (Story on Page 1.) FOR SOME IT WAS FUN vvhen flash flood woters snarled traffic in Washington Blvd. yesterday afternoon. Large trucks were stalling, and on the outer edges of the lethal Jf i mil 100 sliif3m'' matter had been acted upon by the Offenses Committee of Common Pleas Court. Mr.

Houston said he under stands that the Offenses Commit tee has been conducting hearings on the question of disbarring Communists. But since the hear- mgs are secret, 'nothing can be known of the status of the reso lution until the committee files its findings with the court, If the Committee decides that Mr. Schlesinger, or any other attorney, should be disbarred, and the court approves, then expulsion from the bar associa tion is automatic. Detestable' Method Judge Musmanno singled out one paragraph of the ruling writ ten bv Chief Justice James B. Drew for special comment.

It read: "What the judge (Musmanno) has done in his zeal against Com munism is to adopt the detestable method employed by Communists themselves in arbitrary and unjudicial proceedings con trary to all our cherished traditions of law and legal procedure." Judge Musmanno reviewed his career as legislator, county judge, naval officer and war crimes tribunal judge and military governor. "No one has ever referred to any act of Judge Musmanno's as he wrote. "No one. With one exception. "Ever since the Communist menace became acute and threatened the security of our country, our homes the Communists have characterized the acts of Judge Musmanno as 'detestable'.

"We confess to being considerably surprised and even appalled that the Supreme Court should makeuse of the same type of language." He pointed out that at the time of his conflict with Mr. Schlesinger, the United States Supreme Court was upholding the conviction of the 11 national Red leaders. The ruling, he declared, set forth the principle that the government must not wait "until the putsch is about to be executed." Judge Musmanno set forth a remark attributed to Mr. Schlesinger by Matt Cvetic an FBI undercover man In Communist ranks. In testifying before the House Un-American Activities Committee, Mr.

Cvetic quoted Mr. Schlesinger as saying: "It stands to reason that we must get control of basic industries and the industrial workers before we can even think of a revolution." Mr. Schlesinger has consistently refused to affirm or deny the charge, Judge Musmanno said. "Thus," Judge Musmanno states in his reply, "we believe we were right in what we did in this case." Laxative for Laxity NASHVILLE, June 9 Police Chief Ed Burgess is fed up with members of his police force who fail to appear in court to prosecute the persons they arrest. Said Burgess: "I'll put up a notice tonight that those who do not appear in court will be given a dose of castor oil." S.4 r.sr able" only the Communists and itself.

Judge Musmanno made these points yesterday in a formal reply to a searing rebuke which he drew from the State Supreme Court. In strong language, the high court last week denounced Judge Musmanno's contempt proceedings against Mr. Schlesinger. Refusal to Answer He had cited the lawyer for contempt during a routine damage suit hearing when the latter refused to tell the judge whether or not he is a Communist. The next few days brought a second contempt citation when Mr.

Schlesinger refused to accept service of an order telling him to report for sentencing. But the running: legal battle was quickly halted by the Sur preme Court of Pennsylvania. Mr. Schlesinger had sought a writ of prohibition forbidding Judge Musmanno from penaliz ing him. It was granted in a ruling sharply critical of Judge Musmanno's procedure.

Accepts Ruling "We accept without reserva tion the decision of the Supreme Court," Judge Musmanno wrote in his reply, "and will not take any action to punish Hymen Schlesinger. "But how about Mr. Schlesinger?" he went on. "It is incredible and Intolerable that Schlesinger formally accused of being a Communist, formally accused of advocating revolution should continue to practice in our courts. "Are we to allow a man shrouded in revolutionary suspicion to occupy the position of officer of court without his being asked to explain his equivocal background?" One Way Left There are only two ways to determine whether a lawyer is morally fit to practica law, the judge went on: 1 Inquiry by the bar association.

2 Inquiry by the courts. Last week's Supreme Court ruling, he presumed, knocks out action by judges of the local Common Pleas bench. "Thus, unless the bar association takes the initiative or the Supreme Court itself acts, Hy-man Schlesinger will go on defying the courts of this Commonwealth, arrogantly refusing to declare whether the terrible charge against him of conspiracy against our government is true or not." Urges Action He urged the bar association to act. If the association chooses to do so, the judge went on, he will offer his own services and testi mony and make witnesses avail-! able. A year ago a resolution by Attorney John W.

Cost was introduced in the Allegheny County Bar Assn. which would expel Communists from the association. According fo J. Garfield Houston, president of the association then, the matter was placed before the bar association's executive committee. The committee, however, decided it could not act until the to- 1 f-- Home Front 17-Month 1 Reserve Duty Set Applies to Vets On 'Inactive' List Mail questions to Home Front Editor, The Pittsburgh Press, Pittsburgh 30, Pa.

Give full name and address. Most World War veterans called up from the Reserve since start of the Korean war will have to be released after 17 months of active duty. This limitation has been writ into the new draft bill by Congress and will take effect when President Truman signs it into law shortly. It applies to both officers and non-officers in the Inactive and Volunteer' Reserve categories (generally, men who drew no pay while In the Reserve). It doesn't affect those called up from the Active Reserve or the National Guard.

A veteran is defined as a man who served at least 12 months active duty between Dec. 7, 1941 (Pearl Harbor Day and Sept. 2, 1945 (V-J Day). Any such veteran who was in the Inactive or Volunteer Reserve when he was recalled to, active duty must be returned home, on request, after performing 17 months of post-Korean duty (counted from June 23, 1950) unless: He has a military "rating or specialty" deemed by the Government to be "critical" and His release at the end of the 17-month period "would impair the efficiency" of the military. However, Congress has specified that no matter how critical the man's skill may be, or how important he is to his branch of service, he cannot be kept longer than 21 months.

This torpedoes the Navy's plans to keep its Reserve officers on active duty for a minimum of 21 months. The "minimum" now must be changed to "maximum." This also knocks out those duration-of-the-emergency plus six months" orders which were issued to some Reservists. Under the new draft law, here is how long Reservists in various categories may be held on active duty following recall: MEN ALREADY ON ACTIVE DUTY and those summoned before the new law takes "effect Vets called from the Inactive or Volunteer Reserve, 17 months, unless they are needed longer because of critical skill, in which case they may be kept for 21 months; all others, 21 months. MEN CALLED AFTER THE NEW LAW takes effect Vets summoned from the Inactive or Volunteer Reserve, 17 months, unless they are needed longer because of critical skills, in which case they may be kept for 24 months; all others, 24 months. This means the new 24-month period for Reservists will not apply to those already on active duty.

Such men can't be held, under any circumstances, for more than 21 months. The President's power to call up Reservists is being extended to July 1, 1953. It was due to run out this July 9. (TOMORROW The enlist ment freeze and extension of service for draftees already in the Army.) Q. (1) Can a man get a copy of his Army service record? (2) Where should he write for it? C.C.L.

A. (1) He may get an extract of his record. (2) Write either to the Demobilized Personnel Records Branch, Records Administration Center, AGO, 4300 Goodfellow Blvd, St. Louis 20, Mon or to the Adjutant General's Office, Department of the Army, Washington 25, D. C.

Give full details about yourself, especially your service number or numbers. Q. I am about to be drafted. Will I lose my furniture if Ira unable to keep up payments on it after induction? AV.K. A.

Under the Soldiers' and Sailors' Civil Relief Act, your furniture couldn't be seized for default of payments except with court approval. In such cases, the court is given the power to decide whether the payments should be postponed or reduced; or whether the furniture should be taken back and, if so, whether you should receive any refund from the creditor. Q. I am a British war I came to this country in 1944. My husband was killed in World War II while with the' Royal Navy.

My only son is now 19. Is he eligible for the draft? Airs, AJ. A. Yes. He doesn't qualify for exemption as a "sole surviving son." Highway Nuisances Vandals delight in damaging road signs.

They shoot them, steal them, twist them and burn them. And it's a great' danger as well as nuisance. oee jrage 01 uwaj TniS WEEK MAGAZINE Healthy, Lewis Says Union Head Sees Prosperous Future By WILLIAM JACOBS The coal industry is in good health now and headed for a long-term prosperous future, ac cording to John L. Lewis, president of the United Mine Workers. "We have no fear for the fu ture of the coal industry: in this country," he said.

"From the standpoint of stable investment and modern mining operations, attractive inducements are offered on a long-term basis." These remarks were made at a closed session with a visiting group of German coal technicians in Washington. The interview with the German experts is re vealed in the current issue of the "United Mine Workers Journal," official UMW publication. Basis of Optimism Mr. Lewis enumerated the fol lowing iactors wnicn, he as serted, assure the future of the coal industry? 1 A foreseeable 15-year expan sion program in the electric power industry. 2 More efficient coal utilization by railroads and industry.

3 Unlimited supply of coal con trasted to relative prospective! shortages of gas and oil. 4 Continuing development of mine productivity. Our economy is a coal econo my and will remain so," he said. The world is on a coal economy. We have no particular guarantee of the perpetuity of our oil and gas reserves.

And par ticularly Europe has no guaran tee now with the troubled situation in the Near East. Attacks Theory Mr. Lewis attacked the theorv that his union's increasing wage aemands had been a major factor pricing coal out of the market. Using hard coal as an example. he pointed out that at present coal cannot compete with natural gas on the basis of convenience.

"If our people worked for half their present wages," he said, "it wouldn't sell another ton of anthracite. Nobody buys anthracite coal because it is cheap. No one would pick up a ton of coal and take it home if he didn't need it, even if it was free, Dealing with his theory of mechanization of the industry, Mr. Lewis said: 'We decided that question many years ago. We decided it is better to have half a mil lion men working in the in dustry at good wages, high standards of living, than it is to have a million men working in the industry in poverty and degradation.

"We have not displaced men very rapidly the industry through mechanization, we have re I nun ui new ciiiyiojca. mi vi nit other men who had to leave the industry through mechanization ing economy at better jobs, more healthful jobs, with improved social opportunities." Asks Participation As far as mechanization Is concerned, the only thing the miners insist upon, said Mr. Lewis, is "participation" in the benefits. "There can be no increase in the standard of living in America except as we create new values by increased productivity. The mine workers are not taking money out of the public pock-etbook or out of the private citi zen's purse.

They are taking it out of the productivity and the new values that they helped to create "That is our theory on that, We want participation, we ask for it. we ask lor oeiore tne SSfi him to modernize. Otherwise, he wouldn't move. He would be con- tent likA thf 'RriHsh mine own- ers for 50 yearSi t0 see his in. dustry become obsolete and the workers to become victims of poverty and But the UMW, Mr.

Lewis said, does not want participation in the management of the mines, such as has been established under the theory of "co-determina tion" in the German industry. We don't want the responsi bility of management," said the UMW boss. "We want the people who put their money into it to worry about management prob lems: Ridgway Refuses of Membership TOKYO, June 9 (UP) Gen. Matthew B. Ridgway has upset American businessmen in Japan by refusing an honorary mem bership in their Chamber of Commerce, it was disclosed to day.

Miffed chamber officials point ed out Gen. Douglas MacArthur had accepted. They said Gen. Ridgway's honorary membership would not have placed any obli gations on him. The supreme commander said his inability to accept the offer did not reflect a lack of interest in the chamber.

Its advice, he said would always be "gratefully received. Forces Doubled FAYETTEVTLLE, June 9 Army Secretary Frank Pace Jr. said today that all of the armed forces have been doubled in size and strength since the beginning of the Korean war a year-ago. the ten on 1 2 fsts sought safety in trees until the flood receded. Others took to the roofs of their cars.

SWIRLING WATERS turned the old section of the State auto testing grounds into a dangerous river. Some motor- Woman Dead, 12 Hurt In East End Flash Flood Continued from Poje One) intersection of Washington Blvd. and Frankstown Rd. The flood ripped at houses In the vicinity and tore up pavement in the 800 block of Heberton Ave. Hospital Not Affected The City Tuberculosis Hos pital, near the scene, is on a high hill and was not affected.

The area has had a number of flash floods in the past. It Is surrounded by steep hills, and Washington Blvd. provides drain age for a large area. Residents have complained the sewer system is inadequate to handle "anything more than a heavy dew." Lawn Party June 20 The Bilu Chapter of B'Nai Brith a lawn party will be June 20, at 12:30 m. at the home of Mrs.

Joseph Marder, 6326 Morrowfield Ave. 2000 Odd Fellows Will Convene Here City will be installed as Grand Master of Pennsylvania Odd Fellows as 2000 members of the lodge and its auxiliary, the Re-bekahs, hold a three-day convention here, opening today. The event will open with a parade from Fort Pitt Hotel to Trinity Ca-t a 1 for Mr. Naylor evening services today. Business sessions in Hotel William Penn will open tomorrow, Events will include a banquet and reception Monday evening, and Odd Fellow installation and A.

Himmelberger of Myerstown will be installed Deputy Grand Rebekahs will hold their in- stallation Wednesday morning. Telephoto Lf Actnt Four in Family Die in Flames Loss Estimated At $50000 INDIANA, June 9 (Special) Four members of a family were burned to death at nearby Elderton early this morning when flames swept an apartment house and a nearby residence. Dead are George A. Bothell, 29, his wife, Betty, 25, and their two children, Raymond, 7, and Susan, 4. Their bodies were not recovered until long after the fire had started to burn itself out.

Neighbors in the apartment building all of whom escaped thought that they had gone to visit relatives and were not at home when the ilames broke out. The fire quickly spread to the nearby residence of Postmaster Frank Mulberger. Firemen from Indiana, Kittan- ning, Dayton, Saltsburg and Applewald were called to fight the blaze. Handicapped by lack of water hydrants, firemen battled for six hours before the flames were checked. The fire broke out again in the afternoon, touching off another alarm.

The apartment building, owned by Mrs. Homer Townsend and a drugstore, along with the Postmaster's home, were destroyed. Damage was estimated at more than $50,000. Six District GIs Hurt in Collision Continued from Paje OneJ car driven by David Bowlus, of Brazil, Ind. Two of his passengers were injured seriously.

They are his wife, Mary, who suffered fractures of both legs, and his sister, Mrs. Grace Schwartz, who suffered a possible shoulder fracture and a broken left leg. Both also suffered extensive cuts and bruises. Bellevue Church Hit by Flames The Mt. Zion Baptist church, 39 Meade Bellevue, was damaged slightly last night by fire when wiring in a refrigerator short-circuited.

Rev. W. W. Boone, pastor, called the alarm. Firemen speedily checked the smoke.

Services will be held as usual today. body seemed to want to help," Patrolman Hines said. "When we got out oxygen to try to revive the dead woman we had to go around and knock cigarets out of people's In addition to three large trucks and five autos that were almost covered with water, more than a dozen were stalled in shallower places. Their occupants were able to wade to safety. One driver was Ray Klein of 933 Chianti nearby.

He helped pull four persons to safety. Car Hurled Against Tree "I've lived around here 20 years and I knew it was bad when I saw it," he said. "The worst hit car was the one the woman died In. The current spun it around and then slammed it against a big elm tree. "The real hero was a big Negro truck driver.

He peeled off his clothes and swam right out through the current to the car. He got at least two people out and into branches of the tree until the skiff could pick them up." Two other victims, rescued by the skiff, were Mr. and Mrs. Tom L. Singley of Philadelphia.

They were on their way to visit their son at Grove City College. Both Suffer Shock They were taken to the home of Mrs. Drew Reuschell at 111 Earlwood Crescent Hills. "I put them in my car when it became apparent no one was doing anything for them," Mrs. Reuschell said.

"Both were suffering from extreme shock." While still at the scene of the flood, Mrs. Reuschell said, she persuaded two boys to swim to the rescue of three women marooned on the top of a car. Another driver to escape was Richard J. Kalchthaler of Ferguson Allison Park. He said the flood hit him about 4:05 and he managed to back to safety.

"A big truck finally hitched on and pulled me out," he said, "but my car is worthless." Mr. Kalchthaler said police arrived 50 minutes after the cars were first stalled. Manhole Covers The violent, rain completely overwhelmed the sewer system and knocked off manhole covers as far as three miles away. One was reported blown off by the force of water near the 01 3 4 fSK-r v. K.

3 Acme Telephoto NO PRICE TOO DEAR Robert A. Vogeler, recently released after being held as prisoner 17 months in Communist Hungary, told the National Press Club in Washington "no price is too dear to pay for our way of life." Mr. Vogeler is shown with his wife as he signed the club's register. TEARS OF JOY are shed by Mrs. Charlotte Cross as she embraces her three-year-old son.

Steven. Steven and two older playmates were lost for 29 hours in a rugged New Mexico mountain area after they wandered away from a picnic. Searchers found all three unharmed. The youngsters said they slept in a log..