The Courier News from Blytheville, Arkansas on June 6, 1950 · Page 13
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The Courier News from Blytheville, Arkansas · Page 13

Blytheville, Arkansas
Issue Date:
Tuesday, June 6, 1950
Page 13
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TUESDAY, JUNE 8, 1950 BLYTHEVTLLE (ARK.) COURIER NEWS PAGE THIRTEEN Supreme Court Split by Word Preposition 'Between' Divides Justices as .To Number Meant ROCK, June 6. (IP)— The Arkansas Supremo Court was divided yesterday in finding a corrccl definition of the words "between and "among." A majority of the associate supreme court justices said the preposition, between, when used in its "literal sense applies to only two subjects. And, if the reference is to more than two, the preposition should be among. However, Associate Justice win Dunaway and J. S. Holt dis agreed with tuis definition 'and in a lengthy, written dissenting opin ion they said thai in modern usnge the words between and among meai the same thing. The discussion of the prepositior arose when the court . upheld ruling of the Jelterson Probate' Court involving the estate of the late Dr. J. W. Pennlngton. Balance Equally Litigation presented to the supreme court showed: Dr. Penninglbn provided in hi will that the balance of his estate was to be divided equally between all four nephews and nieces on my wife's side and my niece, Na- tj£t\et pennington of Ijawrenceburg. Tile lower court took the stand that Dr. Pennlngton intended that hair the estate go to his niece and the other half was to be divided equ»lty among 22 nieces and nephews of his wile's side. This ruling was contested by the 13 heirs . but the supreme court affirmed the lower court's order. Distinction Not Seen The majority opinion, written by A»soclat« • Justice George Rose Smith,' said that most people do not habitually observe the distinction between the two words. He said that many people use the word among when they actually mean between.. however, he said that the court did not base its decision tn the case only on definition of the two word*. : , The opinion said that actions of Dr. Pennlngton prior to his death Indicated he had much more affection for his niece than he held for the nelces «nd nephews of his Wife. ;•'••' ; '.Justice TMinaway. took an oppo-; lite > stand on this point. He wrote that Dr. Pennington apparently was much closer / to his wife's family here in Arkansas than to his own which he left In Tennessee many yearj ago. Netcft Visited IJKie said that.-Dr. Pennington had Vrsited his hi&ce 5hly twice 'since he left Tennessee In 1300 but that after his' wife's death he lived with a sister of his wife. "Certainly the testimony of Na- thnlee (Pennlngton), who stood ill- take one-half ol the estate instead of one-twenty third, about her favored position might have b«n somewhat colored by Interest," •aid Dunaway. - Dunaway said If the word between is to be taken ta its Ktern' sense, then Dr. Pennington apparently thought ol his wife's nephews Red German Youth to Defy West Republic BERLIN .June 6. W—The Communist Free German Youth IFDJ) will defy the West German Republic by holding a "Congress of Young Peace Fighters" within Its'borders, Chairman Erich Honecker announced yesterday. He declined to tell an East Ber- II, news conference the place and time of the new rally, but he said t would be preceded by a huge FDJ (Preie Deutsche Jugcnd) membership drive in Western Germany. The blue-shirt leader claimed 0,000 of his followers In the Soviet Zonc'would cross the western fron- ,icr to take part in the'demonstra- tion. He said PDJ recruiting would also be stepped up in Eastern Ger- mnny, where there are now 1,200,000 blue-shirts and more Hum 1,000.000 lire-adolescents In the auxiliary, young pioneers. 'Our next aim Is to bring at least 70 per cent of the youth In the (EasU Republic into the PDJ." he asserted. BICYCLE THIEF — Daring cyclist Mario Piclrucci stole the show, winning race down Ara Coeli stairway in Rome, one of the highest in the Italian city. Navy Will Cut Naval Academy Appointments WASHINGTON, June 6. W—The Navy has decided to cut back the training of new officers at the Naval Academy, Annapolis, Md. as a result, it will cut from five to four the number of appointments each Congress member may make to the academy. Vice Adm. J. W. Raper, chief of mval personnel, disclosed the dec- sion today in a memorandum to all senators and representatives. He said living quarters at the academy are designed lor 2,foO mid- .hipmen. but that about 3,400 are now "on board" and the total Is expected to reach 3,100 by October, 1950. Hather than ask "in these times of essential retrenchment" for an estimated $28,000.000 to expand fiic- as a class and his own niece as another class. This would divide the estate between two objects or persons. Dunaway said he thought all the heirs should receive l|23rd interest of the eslaU. The value of the estate was not brought 'out in testimony presented to the court. In another ruling me supreme court said the Garland Circuit Court judge was in error when he gave prejudicial Instruction to a jury hearing the trial of a man charged with stealing a cow. The jury later convicted Oscar Holcomb and sentenced him to serve a year in the penitentiary. 74-Year-O/d Woman Dies of Burns PAYETTEVILLE, Ark., June 6. 'M'j—A 74-year-old Madison County woman died today In a Prairie Grove Hospital of burns which she suffered yesterday when an oil stove exploded and destroyed her home. She was Mrs. Jack Hamilton of near Huntsville, Ark. J. D. Haynes, a son-in-law, was severely burned when he attempted to pull the elderly woman from the flames. Funeral arrangements are incomplete. —>1,000,000,CW for weapons and. train- include) $75,000,000 for raw ma- rtiioli, machinery.' JIZO.OOO.OOO for "bosk capital equipment" and to mod- erniie defense*. iuburban Trend 1 .owers Populations ROCK ISLAND, 111., June «. (IT)— he director of the census said yes- cvdny that big U.S. elites are hav- ig to settle for a smaller popula- on than they expected because of "suburban trend." Director Uoy v. Peel character- ized u "widespread" the trend th» 1950 census U showing; people are living in smaller communities wlt'iln a mile of large city Urnlti. In an Interview Peel said he feels that "New York, St. Douls, San Francisco, and virtually all major cities are disappointed that their rate of growth has not continued. •. It »Mn«t. Th» lain In DyBnihtn* • •pi y»ur bi«wn S««l b*«wn, black Census Shows Increase In Arkansas District , FAYETTEVILLE, Ark., June 8. (IP) —The third Arkansas Congressional district has a 1950 population of 177,911—an increase of 405 persons since 1MO. M. D. Swenson district census supervisor said yesterday. Four counties—Washington, Benton, Baxter and Hoone—have gained in population since 1940. He said the oilier six counties in the district Newton, Carroll, Searcy, Van Buren. Marlon and Madison, all thow a drop in population. MORE BILLIONS TO BOLSTER FREE NATIONS—President Truman h;is asked Congress for 51,222,500.000 to continue the progr-im of arming free imlions to impress Russia with the impossibility" of trying to take them over. The Newsmap above shows where the funds for year ]951 slightly less than the $1,314,000.000 voted for fiscal 1950—would be allocated. The President also asked special stand-by authority to help countries not specifically mentioned—in case of a serious emergency affcclinp. the security of the United Stales. TRUCK BEDS Made from the Finest Oak 6ARKSDALE MFG. CO. ililtes, Roper continued, "a reduction in the size of the brigade of midshipmen is the acceptable alternative." MIRRORS RESILYERED Satisfaction Guaranteed Blytheville Glass & Paint Co. Phone 6716 U.S. ROYALS THE ONLY SUCH TIRES M THE WORLD ^ 'Go Joi a U/ft S3U: "^ right power! rigf^t roadabilibj! ^"Tta rightridinj comfort! You get the right POWER! Not a little engine! Not an oversized one! But 110-hprsepower in a V-type, 8-cylinder, made-for-Mercury engine that knows where it's going—and gets there smoothly, (juicily—with plenty in reserve. And the new Mercury is "America's No. 1 Economy* Car"l You get the right ROAT>ABILITY! 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