Tampa Bay Times from St. Petersburg, Florida • 15

FDirodb gir ofe Pftifcy bu So Comd-S AIR RESCUE HEROES TO GET AWARDS CLTlj2ir5ft DOLTD QiuiesftorDs Ast ffffereburp (grime DECEMBER 4, 1947 PAGE 15 SECTION TWO THURSDAY, 'V4 gam Asks Fir DinijaairDDOini DATES TO REMEMBER: Shirley Gracy, Florida Power VP will tell the Exchange club about "Human Relations" today at The Florida Power Corporation, which supplies Pinellas and 27 other counties, yes noon at the International club tonight, the club will have a "tacky" party at the FP Beach club Prexy Frank Kleinfeld and VP Al Cooperman of B'nai B'rith will present the county school board with 75 copies of books of patriotic songs today Schools Supt. Fu-guitt and Miss Olive Menz, director of music, terday attacked the county's utility board law on the grounds that it is unconstitutional, and asked the federal court at Tampa for an injunction which would put the board out of business until the case is settled. will accept the 1 T- gift for distribution In the schools -i-i 1 1 a TA1 urs. j. xr.

reneii ana kj. v. rxeisun win read papers at tonight's 6 o'clock meeting of Pinellas medicos at Salinas" restaurant fnlf nnrt Amprican Viae a era oc nartv LT. COMDR. DAVIS MUM mmMW II I II' II.

I HHIII IHIiaJJ.WII. J.l.lWH'J'JJ. JUI.JBHLI1.. I 7 4 7 -J fggt I imj MS i fJ 1 1 -to to uuax scheduled tonight at 8 at Gulfport Community hall Grandmothers' club No. 1 meets today at 1 p.

m. at the Lena Bennett home, 725 Seventh Ave. No. NEWS BRIEFS: Richard E. Farrer, educational director of the National Association of Insurances will address the local Insurers' Exchange at noon today at the Detroit hotel local and upcounty agents and office personnel are invited SPHS faculty members have contributed $100 to purchase of CARE Inc.

food packages for needy teachers in Europe Antique Dealers of St. Pete met last night to plan an old-time exhibit in January, proceeds of which will go to the local museum committees will be chosen at a meeting next Monday local Kappa Sigma members wil have dinner tonight at the Chatterbox to give honorary membership to Gov. Caldwell and make plans for the holiday season L. C. Brown is prexy of the chapter and Keyes Aton is in charge of the dinner.

WE WERE AIX WRONG, says Sailor James B. Nuhn in listing the battle service of the Naval Reserve training ship Earl K. Olsen in both Wednesday's and Sunday's Times says the Olsen never saw any real battles was on Atlantic escort duty and didn't arrive in the Pacific until after the war with Japan was over ought to know aboard the Olsen from April 5, 1945 until June 17, 1946 when she was de-commissioned trusting Times Reporter Paul Mitchell was evidently the victim, of, over-enthusiastic reservists NAMES IN THE NEWS: R. E. Clarson of St.

Pete is new LT. GUIIXEMETTE By RUBE ALLYN September 19, 1946, to be exact, emergency army base of Gander. NO CHARGE AGAINST a THE DECORATIONS which they will receive Friday are shown left to right: Belgian Insignia of Military Decoration; 'Belgian Decoration of Knight of the Order of Leopold II; Belgian Order of Officer of the Crown; the United States Air Medal and the United States Distinguished Flying Cross. Slightly over a year ago, line, carrying 38 passengers, was groping through a thick Newfoundland overcast while the pilots vainly tried to locate the but of the original 38 persons aboard, 18 were rescued by the U. heroism became the greatest rescue story of the year.

The heroes of this rescue who I prexy of the west coast chapter of Associated General Contractors of America was elected Tuesday at meeting in Tampa Ronald M. Edwards, W. R. Streeter and M. C.

Morris left Tuesday for Miami for a two-day sales congress held by southeastern states representatives of the Gulf Life Insurance company C. H. Alberding, of Chicago and Tulsa, president of the Alsonette hotel chain, will return home today after a stay of several days at the So-reno hotel. He arrived last Sunday. Alsonett hotels in St.

Petersburg include the Soreno, the Vinoy-Park and the Tides. GRAND JURY INDICTS WESTLY. ICAUFFMAN CHARLES L. WHIDDEN Belgian airliner of the Sabena The plane crashed and burned, S. Coast Guard.

This saga of SHREVE jury yesterday wrote the latest Petersburg slayings when murder John G. Westly, 63. and George DAVID SHREVE in second degree for killing James Williams, Negro, with glass bottle Sept. 13. Trial date Jan.

22. William Harley Richardson, murder in first degree for death of Leslie Fisher, Negro, Sept. 1 by choking her. Trial date Jan. 26.

The jury returned "no bills" in the cases of Mose Mussel-white and Key Lord. The jury recommended that additional danger signals placed at the approaches of the Clearwater causeway and that speed limits there be reduced. The jury inspected the jail and courthouse at Clearwater and recommended minor improvements. Wehle Refuses Divorce To Ed a PRESIDENT TRUMAN definitely won't visit St. Petersburg on this visit to Florida, but he appreciates the invitation.

Chairman Williams B. Tippetts of the county Democratic executive committee yesterday received a letter from the White House expressing the president's regrets due to his limited time in Florida, a great deal of which will be taken up with his speech dedicating the Everglades National Park on Saturday. BIG TOURIST SEASON was predicted here Tuesday when state hotel men met at the Soreno Lee Ballard, hotel commissioner, predicted a season comparable to last year's but Ballard warned hotel men to "keep rates down" group decided to ask that the state's advertising fund be doubled next year Florida Power corporation customers reached a total of 34,712 on Nov. 30, as compared with 30,994 for Nov. 30, 1946, William M.

Pickett, division manager; announced The utility board was created) bv an act of the 1947 legislature Its purpose is the regulation of electric utility business and rates in Pinellas county. The law was passed at thex request of the Pinellas county legislative delegation who made it an issue in their campaign for elec tion. It was fought from the outset by Florida Power. A provision of the law was that it was to become operative only if state regulatory law failed of a. irn passage, a proposed siaie um was killed in committee ana tne local law went into effect.

Short ly afterwards a five-man utility board was appointed by uovern- or tjaiaweil. It orgameu wua Harvey G. Dickson as chairman and Albert N. Smith as secre tary. It then obtained a tenta tive appropriation of $40,000 from the county commission for surveys and expenses.

It em ployed the engineering firm of Burns and McDonnell of Kansas Citv to make a survey of the value of Florida Power's prop erties, its rates for the county and to determine if they were reasonable. This survey is now under way. Attorneys for Florida Power are K. E. Fenderson, general counsel and the firm of Bussey, Mann, Simmons and Fielding, special counsel.

No date had been set last night for a hearing as Judge Barker was in court in Orlando, but the Power company asked for quick action, as taxpayers, to prevent the further spending of public money. Notice of the suit was served on Dickson yes terday afternoon. Won't Recognize Board A. W. Higgins, president of Florida Power, said a letter was in the mails to the Pinellas Util ity board informing it that Flor ida Power would refuse to recog' nize the board until the issue is settled.

The letter says the company won't permit further reports or investigations as to the company's properties and asks the board, to so advise its engineers. Higgins said there was no animosity or persona feelmes involved but the com pany's board of directors unanimously feel that it must deter mine the company's rights. In a formal statement, Hig gins said: Higgins Statement "After many months of careful judgment of every member of the board of directors and on advice of counsel, and sugges tions of stockholders, we have determined to test the constitu tionahty of the act of the 1947 legislature creating the Pinellas County Utility Board. We are taking this step now because a continued cloud of doubt regard ing the law's legality will hamper our financing program and therefore affect the service we render to more than 90,000 cus-tomers in 28 counties of Flor ida. "There are many problems this company must meet in or der to continue dependable elec trie service at the lowest possible rates and we feel that this law not only discriminates j.

i a. 1 1 against us, uul places imui erable burden on this company "Under the Pinellas Utilities Act, it is possible for members of the board to not only choose their own members, but also to follow their own whims and force this company to conduct To Grant Beckett Edward H. Beckett of Tarpon would file an amended bill of complaint by Monday to seek divorce on grounds of mental cruelty from his wife whom he married in 1912. Beckett denied relations with other women when Cyril Pogue, attorney for Mrs. Beckett, asked if there were not arguments "over your conduct with a young woman living in Clearwater," preceding separation.

"If there was one woman in my life there were at least 40, the way Mrs. Beckett tells it." the commissioner retorted. "I filed my suit in Dade City to avoid embarrassment for wife and anyone else, but now she has forced it into court here." Beckett said he had contrib uted more than $4,000 to support his wife since their 1945 separ ation. After a review of her present financial conditipn, Judge Wehle advised the plain tiff to pay her $100 per month until the case is settled. 67 counties.

The federal consti tution is violated, the complaint says, because the act authorizes the board to fix rates, charg. es and tolls which the board thinks is fair and reasonable, opening the way to rate fixing on an arbitrary and capricious manner without regard to evidence. (The bill does provide that the company is entitled to 6 per cent return on its in vestment in Pinellas county.) Company Denied Minutes The company claims that it had made an effort to examine the minutes of the board on many occasions, but had been informed that the proceedings and records were not open to the public except in the pres ence of the board secretary who was absent on account of illness. Taking the role of a taxpayer in another section of the com-plaint; the Power company asks for an injunction to keep the board from sDendin? further funds. It points out that $8,708 already has been spent.

in its plea to the federal court. the Power company asks i 1. A determination of the act's validity. 2. If the act should be held valid, a determination of the respective i power, duties and obligations of both the company and the board.

S. A temporary injunction to restrain the board from coercing: the annual reports. 4. A temporary injunction to restrain the board from invoking in any way the penalties or criminal prosecutions set up in the act. 5.

An order restraining the board from spending: any county funds pending settlement of the suit. 6. A permanent injunction enjoining the board from action of any kind directed to-ward the company under the act. Members of the utility board are, besides Dickson, D. P.

Boy-er, Cyril E. Pogue, L. W. Bav- nard and Frank School Board Will Operate All Cafeterias The county school board voted yesterday to take over the oper ation of all 42 school cafeterias in the county to eliminate the necessity of principals and cafeteria managers making out the numerous complicated reports required by federal and state governments. Under the new system effec tive Jan.

1 the county will con tinue to receive its $36,000 a year federal and state aid, but the system will be consolidated so that one report will be made out each month by an extra employe in the county office in Clearwa ter. Standard menus will be con tinued in all schools and the prices of lunches in all schools will be the same. G. V. Fuguitt, county superin tendent will meet with all principals and cafeteria managers to explain the new set up.

THE BOARD ACCEPTED rec ommendations from W. Per kins, retired and A. J. Polk, prin cipal of Gibbs (Negro) high school that the auditorium and gymnasium building remain the property of the Negroes of St. Petersburg as a memorial to their civic pride.

Prior to the meeting the board inspected four proposed sites in the Clearwater area for the new million dollar Central Pinellas high school plant which will cover 60 acres. No decision has yet been reached on the sites south and east of Clearwater. Fuguitt announced that pur chase of a new site in Tarpon Springs consisting of 52 lots was practically completed. Also the site for the new $200,000 elementary school in Pinellas Park. Veteran To Run James J.

Roberts, 5140 22nd street north, yesterday announced he, will be a candidate for the office of justice of the peace in the north side district. John T. Fisher, Incumbent, is expected to run for re-electton. Roberts, a veteran of both world wars, has lived here 11 years. He came from Pittsburgh, where he was born in 1895.

its business against the best in terests of its customers. Furthermore, the law singles out only a small area of the company's territory and in effect ar bitrarily controls the management of the company in Pinellas county despite the fact that we operate in 27 other counties in the state and because we do an inter-state as well as intrastate business, the law would conflict with and supersede the regulatory methods now enforced by the Federal Power commission in Washington. "It is vitally necessary that this company have the legality of this act tested before we can proceed further with our fifteen million dollar expansion o-gram which is now under way and must be financed through additional capital. "It has long been the basic policy of this company to work for a state-wide regulatory com mission of utilities in Florida and regardless of the outcome of this suit, we publicly pledge our best efforts towards the es tablishment of a fair state Util ities Commission, similar to those operating in 42 other states." There was no immediate state ment from Carroll Runyon, attorney for the utility board, or from Chairman Dickson. They said they would have to study the complaint before making a statement.

The Company's Charges The bill of complaint says the action arises under the Consti tution of the United States and under the Federal Power Act. It points out that under the law the company and its era ployes will be subject to prose cution for failing to file reports with the board and, if convict ed, subject to a fine of $200 per day for each delinquency, or to imprisonment or both, so that by Jan. 16, the company could be liable to fines totaling $3,000 The company asks the court for an injunction to make this pro- vision of the bill inoperative un til the case is closed. The bill contends the m-pany is being discriminated against in that there is no regulation of its competitors who sell gas, fuel oil and bottled gas and other types of fuel for heating and cooking. It says the field of lighting and power purposes is constantly expanding in the post-war era and that the power company has lost all semblance of a monopoly and "actually is compelled to battle desperately from day to day to preserve and retain its existing customers and to obtain its fair share of all new business arising in the county." It further says the company's business is not local to or confined within Pinellas county, but extends into 27 other counties.

It claims service, in the inter est of economy, efficiency and uniformity, has been integrated. co-ordinated and unified into a system-wide operation cannot break into small parts. In other words, the company contends that its business can not be efficient and economical if it has to be done one way in one county and another way in another county. One of the at torneys said it was conceivable that if the utility board is upheld in Pinellas, such boards could become effective in all 28 counties, creating confusion for the company. Power Sold In Georgia The bill says 20 per cent of the company's revenue comes from the wholesale sale of power in Georgia and that part of the power sold in Florida is generated in Georgia and Alabama.

This, the suit contends, puts its business into inter-state trade and under the federal power act, which is the only regulation it has since Florida has no regulatory acts. It claims the local act interferes with its inter-state business and says it would take $100,000 to break down its operations to file reports of Pinellas business as required by the board. It claims that the utility board is self-perpetuating in that if a member resigns or dies, the other members appoint his successor. This, says the bill in effect, Pinellas has men regulat ing the company who are neith er elected by the people or ap pointed by the governor. (The original members of the board were appointed by the governor.

They will be elected in the fu ture.) From a legal standpoint the complaint charges that the util ity act, in addition to being federally unconstitutional also vio lates Florida law by providing for regulation in only one of the Pinellas Park Fire Chief Dies; Cab Driver Charged Manslaughter charges were filed against Clifford C. Jones, CLARSON morning less than an hour after fire chief, died of accident nellas Park for the past 17 years. Surviving are his wife, Eva Harrison McDowell; one sister, Mrs. Fred Gordon, St. Petersburg, and one son, Aaron C.

Harrison. Funeral services, in charge of Wilhelms, will be announced later. Correction It was incorrectly stated i yesterday's Times that Richard E. Wanner was a former co owner of the Good Housekeeping shop. Wanner formerly was sales manager 'of the shop and now is owner, having purchased the business from Sun Motors company.

TOURIST REGISTRATIONS Total Wednesday 264 Same day in 1946 366 Season total Wednesday 13,439 Season total year ago 16,783 planned and executed the com- nlicated operation are now in St. Petersburg. They will receive the highest awards of both the United States and Belgian gov ernments at a special ceremony to be held Friday morning at 8 o'clock at the Coast Guard Air station. Lt. Comdr.

Larry Lee Davis, formerly commanding officer of the Argentia Newfoundland station, has come to St. Peters burg as executive officer, replacing Lt. Comdr. Roger Dudley. It was Commander Davis who planned the entire opera tion, and whose pictures went over all the wires of the world in stories of the rescue.

His citation from the president of the United States, includes the Dis tinguished Flying Cross and from the Belgian government the order Officer Of The Crown. Lt. Albert J. Guillemette was assistant to Commander Davis in the operation and for his brilliant work he will receive the U. S.

Air Medal and the Belgian decoration of Knight of the Order of Leopold II. Charles L. Whidden, P. R. 3c, who flew with Davis and Guillemette will receive the Commandant's Letter of Commendation and the Belgian insignia of Military Decoration.

The rescue operation included the placing of a rescue team of 75 men in the wilds of Newfoundland and supplying them by air, while they saved the passengers of plane, still alive and prepared them for evacuation from the wilderness. As the ship's company of the Coast Guard Air base line up at muster Friday morning. Captain W. E. Sinton will read the citations and present the medals in military precision.

Optimists Greet 9 New Members Nine new members were form ally initiated into the Optimist club Tuesday evening at the In ternational club. These were O. Ernest Wynn, William F. McQpeen, S. M.

Lew is, C. Richard Mann, William L. Bolen, Lars Peterson, William DeWitt, Lt. Sidney S. Parry and Charles H.

Miller. James Booth was chairman of the initiation committee, ex pounding on Jeffersonian princi ples as they apply to Optimist International. Dr. H. C.

Bump-ous outlined the history, aims and objectives of Optimist and Floyd Eaddy, president and third speafcer. spoke briefly on the growtn of Optimist International especially that of the fourth district in which the local club is located. Another speaker, Dr. Alton H. Glasure, stressed international aspects of Optimist International.

Hotelmen To Elect Officers Tonight Annual dinner meeting of the St. Petersburg Hotelmen association, with election of offi cers, will be held at 7 o'clock this evening at the Pennsylvania restaurant. Business meeting will follow the dinner. Rite Rate Cab driver, yesterday Lester McDowell, Pinellas Park injuries. Jones was the driver of a taxi which was in collision with McDowell's car at 49th street and 78th avenue north Sunday, Nov.

23. Manslaughter charges were filed by Pinellas Park Police Chief Louis F. Wagenblast who aided County Highway Patrolman Roderick McKenzie in the investigation of the accident. Magistrate John T. Fisher said he served the warrant on Jones and released him in custody of his employer pending a preliminary hearing at 10 o'clock Friday morning.

McDowell's car turned over four times after the collision. McDowell and his adopted son, Aaron Harrison were injured. The cab was traveling south on 49th street. McDowell's car was proceeding east on 78th avenue. McDowell, 47-year-old garage owner and fire chief, suffered a broken back, leg and other injuries.

He had been a resident of Pi J. The Pinellas county grand chapters in two spectacular St. indictments were returned against C. Kauffman, 56. At tne same time, tne jury returned no charge against Da via bhreve, navy seaman on leave, who was the driver of a car which crashed through the side of Clearwater causeway Thanksgiving night, causing the death of Frank Turner, 23, and injuries to two other passengers.

Westly is charged with the first degree murder of his wife, Yvonne, Sept. 28. She had been missing from her home when parts of a human body were found floating inside a sack in upper Tampa bay. FBI experts identified the parts from finger prints as those of Mrs. Westly.

Westly has maintained his in nocence. Trial date was set for Dec. 15. Kauffman has admitted that he shot his wife to death in their home here Nov. 14.

He was charged with second degree murder. The jury also indicted: Milton J. Bowen, St. Petersburg youth, on two counts for rape and attempted rape. Trial dates were set for Jan.

15 on rape charge and Jan. 21 for attempted rape. Dora Mitchell, Negro, murder in first degree for death of James Burney, stabbed to death July 4. Trial date Jan. 16.

Isaiah Smith, Negro, murder Lake Believed Contaminated Donald Taylor, bacteriologist of Bay Pines believes the fish in Crescent lake may have been killed because of contamination of the lake by cleaning fluids or some such material of high alkali content. He has worked continuously on the analysis of the water since Sunday, when the fish were found to be dying. The bacteriologist calls attention in his report, to the fact that the lake, normally well, bal anced should suddenly become alkaline, is a strong indication that substances have been introduced into the lake which are not only highly poisonous to the fish, but detrimental to human skin. While working on samples of the lake water, Taylor suffered a skill rash, which was akin to that which might occur if one were to immerse his hands in a strong solution containing tri-sodium chloride. believes there is direct contamination in the water.

The poisoning appeared to be more apparent in the east end of the lake. The pollution was so strong, however, that a fish could not live more than a few hours in the water. The fish tak en from the lake were found to have inflamed gills and internal organs, such as would occur if burned by caustic acid. Circuit Judge Victor O. Wehle yesterday denied a divorce sought by County Commissioner Springs who charged his wife with desertion.

ADVISORY BOARD CONDUCTS POLL If You Rent By The Month. Pill Ouf Blank Below The Pinellas County Rent Advisory board has launched Decision came after Beckett testified his mind was made up in 1939 to leave his wife some day, following treatment e- ceived as a patient in a Tarpon Springs hospital leased and operated by his wife. Beckett said he left his wife 1945 at their town home and returned to their grove place where he has lived since. Mrs. Beckett testified she "re quested him many times to re turn" and indicated willingness to be reconciled at his request.

To this. Beckett cited marital difficulties dating to 1937 and said he was living at the grove to find "quiet and peace of mind." Judge Wehle said the issue raised the problem of which one commilgted desertion and he ruled that no evidence submit ted indicated guilt of willful, obstinate and continued desertion by the wife as charged in her husband's suit. Beckett's attorney, Thomas Collins, indicated the plaintiff a poll to determine the number of persons in St. Petersburg who rent accommodations by the month, year around. These are accommodations subject to rent controls.

Tourist accommodations or properties rented by the season are not included. ,1. The board has requested that persons who live in St. Petersburg and work in St. Petersburg and who pay monthly rentals fill out the form below and mail to Mrs.

Max D. Ulrich, 4926 Third avenue south. The data so supplied will be used by the board in making up its recommendation to the national housing expediter in Washington relative to whether rent controls should remain or be eliminated in this area. Name Residence address Employer Landlord's name (Please mail to Mrs. Max D.

Ulrich, chairman of the Pinellas Kent Advisory Board, 4926 Third avenue south.).