The Daily Herald from Provo, Utah • 4

4 DAILY HERALD TUESDAY, APRIL 11, 1951 Utah County, Utah Rites Set For Eichmann Mass Murder Trial Opens In Jerusalem Court Belle Gardner Fillmore WeJI-lCnown. Provo Matron Dies Market punishment of Nazis is counter to the law of nations. It speaks of punishment for crimes committed -FURNISHED BY J. A. i.

Member of New Dow Jones Averages: Total 30 Volume. Industrials Monday Close 3,555,000 692.06 8.38 Tuesday Open -6944 2.88 NEW YORK STOCK EXCHANGE Traffic (Continued from Page One) tial avenues were never designed to handle heavy through traffic. Fast Growing But if fast growing subdivisions on the foothills rto the northeast of the project are locked off by no east-west passage to Ninth East and University, this traffic may pour down the Locust-centered avenues. Dr. Stewart Grow, 1655 North Pine, told the council Monday there was an agreement once for a road from Oak Lane through BYU area draining Oak Hills above Pleasant-View, giving access to the church and to Univer sity, He said the Bonneville development, Taylor Hill and the four wards, and stake center all need traffic drainage.

If, as is planned on the city's master streets may, Upper Oak Lane (Oak Hills) is joined to Lower Oak Lane (Pleasant View Subdivision) but the east-west passage is barred traffic must pour down the over-load lower Oak Lane, Elm, Briar and' the other avenues, he said. Earlier Planning: He recalled that in earlier planning for a hill-drainage road, a stub street was dedicated leading to the east flank of the BYU oroiect from lower Oak Lane. Utah Obituaries TOOELE Rachel Dean Ras-musson, month-old-daughter of Ralph Dean, and Val Jean Schrar der Rasmusson, died Sunday; funeral was today. BEAVER Mrs. Barbara Hutching Patterson, 42, died Friday; funeral was today.

PRICE Thomas Smith Johnson, 76, died Sunday. OGDEN Thomas Callaway Epperson, 91, 1555 Lake, died Sunday; funeral Thursday in Glenns Ferry, Ida. OGDEN Earl Eddy, 51, 1862 Childs, died Sunday; funeral Wednesday at 1 p.m., Myers Funeral Chapel. Mrs. Willie L.

Gross, 72, 606 23rd died Monday; funeral Wednesday at 11 a.m5., Larkin Funeral Chape 1. Mrs. Montello (Monte) Ross Duke, 77, died Sunday; Requim Mass Thursday at 10 a.m., St. Joseph's Catholic Church. Mrs.

Elizabeth (Bessie) Thomas Tarns. 70, 461 27th died Sunday; funeral Wednesday at 11 a.m. I SALT LAKE CITY Mrs. Charlotte Elizabeth Tanner Hunt, W. 1st died Sunday; funeral Wednesday at 2 p.m., Sevier LDS Ward Chapel.

Lu Ann Bowthorpe, 2-week-old daughter of -Peirce H. and Lujene Brewer Bowthorpe, 6330 Cobblecrest Road, died Monday; graveside services Wednesday! noon, Holla-day Cemetery, Timothy Ray San-ford, 10-month-old son of J. Fred and Bonnie Brown Sanford, 1046.W, 5th died Monday. BRIGHAM CITY Mrs. Lucy Yates Orme, 74, died Monday; funeral Thursday at 1 Brigh- HOGIE AND COMPANY York Stock Exchanss 20 Rails 144.58 .17 144.82 .24 15 Utilities 112.

63 .40 ,112.73 .10 63 Stocks 230.63 1.76 231.35 .67 SALT LAKE STOCK EXCHANGE Monday's Quotations: Bid Asked Banner Bristol Silver Cardiff Cerbtral Std Chief Con Clayton Silver Cochise Enrtr Cons Eureka- Croff Crown-Point Dragon East Crown Pnt East East Utah v. Empire Mines Eureka Bullion Eureka Lilly Con Eureka Std Great Western Kennebec Majestic Oil New Park North Lily North Std Park City Con Prosper Silver King West South Std Swansea Con Tintic Std West Toledo Williston 2030. 22.00 .07 j08 1.05 .05 .05 ..1.15 125 .21 i3 .35 .40 .20 .22 ,.03 -04 .03 -04 .41 AA .09 .11 .03 .03 .19 0 .03 .06 .15 .16 .11 .12 A7 .30 .04 -05 .45 .49 1. .04 -05 1.25 135 .75 .80 .01 .02 .04 .05 .03 .04 .12 .15 .42 .45 .41 30 1.30 1.35 .08 .09 .17 .18 Monday Tuesday Close Open Allied Chem 62Va 62a I Allis Cham 25 Ti 257 i Alxan Ltd 35 T' 35 Amer Can 423a 423 I Amer Cyan. 47 47 Amer Std 15 13 i Amer Smelt 65 66 Amer 129 130 Amer Tob 81; 81 Atch 24 24 Beth Steel 47- 47 I Cater Trac 33 33 Chrysler 44 45 A Mountain Fuel Supply 33 33 Corn Pd Rf 89 90 Denver fit 19 19 Dow Chem 73 73 I Du Pont 213 213 I East Kod i 117 118 3 Paso 28, 29V.

Firestone 38 39 i Western Ban Corp 31 31 Ford Motor 79 793a G-en Elec 62 62 I Gen Foods 1 71 Gen Mtr 47 47 I Goodyear 36 36 Gulf Oil 39 39. IntHarv 52 52 Int Nick 67 67 I Unit Paiper 33 32 I Johns Man 70 69 i Kennecott 86 87 Minn Mnr Mfg 82 82 Monsan Chem 46 45 Mont Ward 31; 31 Natl Cash Reg 85 85 Natl Steel 87 87 Cen 19 19 Pac El 77V 77 Parke Da 43 43 1 Penney 40 40 Perm 14 I Phill Pete 59 39 Va Proet Gam 180 180 I RCA 61 62 Repub Steel 62 62 t. Reyn-Tob 116" 116 Sears 59 59 Soeony 45 45 Std Oil.Cal 55 Std Oil 49 49 Texaco Inc'I 101 101 Thiokol i 43 43 Timk Bear 52 52 i Transamer; 32Vs 32 TriOon Corp 42 42 i XJn Carbide 131 Va 133 Un Pacific 31 31 Unit Ar Ln 46 46 Unit Pk City 1 1 US Steel 88V 88 Utah 36 36 Wes At Ln 27- 28 Westg Elec 42 43 Mrs. Belle Gardner Fillmore, 533 N. 1st well-known Provo matron, died Monday in Utah Valley Hospital after ashort illness.

She was born Aug. 21, 1878, in Richfield to John and Julia Pratt Gardner. She married Angus Fillmore Oct. 8, 1903, in the Salt Lake LDS Temple. She received her education In Richfield schools and the University of Utah.

She taught school in Wayne and Sevier counties for seven years prior to her marriage. She had been a Provo resident since 1935. Mrs. Fillmore was a charter member, of the Artist Section of the Women's Council and member of the Creative Arts Section, Alice Louise Reynolds Club. She was an active member of the LDS Church and had served as counselor in the MIA in Richfield and as superintendent of the stake board of education in connection with the.

Richfield Seminary. She helped organize the' Daughters of Utah Pioneers in Richfield. She was a member of the University Ward in Provo. She is survived by her husband and the following sons, and daughters, Parker Fillmore of Ontario, Dr. A.

James FiUmore of Phoenix, Winston Fillmore of Ogden; Dr. Paul, G. Fillmore of Ventura, Mrs. Loren. C.

(Maurine) Bryner of Provo; Mrs. John (Belle) Stewart of Fojt Collins, Mrs. Roland M. (Elithe) Cannon of Idaho Falls. She is also survived by a nephew, Hughes Hanhett, whom she reared; 32 grandchildren and one great-grandchild two sisters, Mrs.

Parley Grigg of Vale, and Mrs. Ammon Grigg of Kuna, Ida. Funeral services will be held Thursday at 11 a. m. in the' Berg Drawing Room Chapel with Bishop Ross Denham of the University Ward-officiating.

Friends may call "at the mortuary Wednesday from 6 to 8 p. m. and Thursday prior to services. Interment will be in Provo City Cemetery. Compromise (Continued from Page One) it is expected to kick up a stiff fight on the Senate floor.

Foes of, the bill already have served advance notice they will attempt to trim it further through amendments. Sen. Pat McNamara, sponsor of the administration-backed compr i bill, announced the committee vote was 15-2. He said it would be brought to the Senate floor Thursday. (Continued from Page One) tj be exhausted in the attempt to save his life.

Talks Like Fighter His lawyer is a thick set, square jawed man who looks and talks like a fighter. "This is a question of revenge," Servatius said. "The state of Israel has put itself on record that its object is not revenge. This is a matter of seeking out a scapegoat. We cannot now try the Nazi state of which Eichmann was a member.

He is being charged with responsibility for acts which were imposed upon him by the state. He was dragged into doing these things for the state. "I would now request the court to examine my two principal points of objection: The court has no jurisdiction. "The law, for the punishment of Nazis and their collaborators is not valid." Discussed Qualification Servatius then went into the question of the qualification of the judges. -J "The opinion of one of the judges might be determined by the fact members of his family were affected by the crimes of vrhich my client is accused," he said.

"The accused is concerned at the possible prejudice of. one of the judges. I refer, to the verdict handed down by one of them in a previous case bearmglonthe accused's alleged actions (he. did not elaborate that point). It has been impossible to determine to what extent this judge has an open -mind in the present case.

"The accused is unable to bring the witnesses he needs for his defense. Not only hasn't he the means but since most of those who would appear in his defense are former SS officers they are barred from appearing here as there is ho doubt that Israel recognizes the basic principles of the law of nations. The law for the punishment of the Nazis and their collaborators (a series of special laws passed by the- Israeli parliament) is a contravention of the law of nations. "I so suggest that the court declare it has no authority to deal with the i The law of the cust and Willow would be dead-ended at the east rim of the BYU project). Sam Brewster, chief of the BYU physical plant, said BYU was granted 82, feet along front of the project to double width of Ninth East.

He noted project plans, are two months behind now. Clyde Sandgren, BYU attorney, said no one has objected to rezoning. They are concerned with closing access between two areas (the project and the Locust centered avenues) and access of emergency vehicles to higher, elevations. He urged approval of the zoning with working out traffic east-west through problems later. C.

of C. Asks Approval William Wotherspoon-, manager, Provo Chamber of Commerce, urged getting on with construction since it would bring a monthly payroll of $180,000 to depressed area Provo, which now has 11 per cent unemployment. But several citizens wanted the traffic problems legally settled first, and decision of the council was continued until next Monday evening. Following Monday nights' council meeting, Mayor Lloyd Culli-more turned over resignation of Bill Johnston, golf pro to city director of parks and recreation Linn Rockwood and denied any friction with him (see story on sports page). The city council approved annexation of Edgemont No.

2 Addition; heard a report on city share of cost of relocating water and sewer utilities lines for the freeway, and learned city crews will begin work on; a temporary line to improve water pressure in northeast JProvo with improve ments expected within a week to 10 days. prior to the establishment of the state of Israel, outside its borders and by and to persons who are not citizens of the state of Israel. Eichmann was brought to this court in breach of the law. "The incompetence of this court also derives from a procedural point. The "method in which the accused was brought before the court disqualifies it from judging him.

'pv "The accused, after his abduction, signed a statement saying he accepted the jurisdiction of the Israeli court. It goes saying that tlus statement was given under duress. I reserve the right to prove that it was written and signed under duress and pressure of threats. Therefore it is invalid las; evidence in court. "A man Who evaded the law for 15 years would not of his own free will agree to appear in a court, and certainly not in Israel, the countryj whose people suffered most at his hands.

"There are precedents recorded over the past 150 years of legal process being held despite the illegal abduction of the accused. I shall not; go into detail on this point. These precedents are inad-missable- here. "Circumstances of the abduction in this case, are entirely different. The; accused was kidnaped at the order of -the Israeli government itself, which acted in contravention of the law of nations.

The court cannot lend itself to being a party to such a situation. "I will call to the witness stand Mr. Zvi Tohar" and Mr. Ram Shimoni of Tel Aviv, employes of El Al (the1 Israeli state airline); The first witness, together with others, kidnaped the accused on May 11, deprived him of his liberty andj brought him to Israel. Witness number two was the organizer of jthe "Those witnesses will be able to show that the kidnaping of the accused from the Argentine was the result bf an official order by the government of Israel." Defended Qualifications When Seirvatius ended-his plea, the attorney general of Israel, Gideon Hausner, rose to defend the qualifications of the court and the legality- of Eichmann's arrest, indictment and trial.

Hausner quoted from testimony given at I the Nuernberg war crimes trials to the effect that Hitler-charged Eichmann with the extermination of the and added: "Nuernberg wrote the indictment. The security council affirmed it." Woman Dies In Dentist Chair i MEMPHIS, Term. (UPI) A young woman collapsed and died in dentist chair Monday and doctors tried two hours io revive her while her husband sat unknowingly in the dentist's waiting room. Mrs. Joanna Graham, 22, collapsed after Dr.

A.H. Balzen gave her gas and novocain and prepared to extract ten front teeth. Dr. Balzen called in two doctors in the same building, but they were unable to revive Mrs. Graham.

Adenauer (Continued; from Page One) land at Andrews Air Force Base, at 6 p.m. EST after a nonstop flight from Bonn, Secretary of State Dean Rusk and other high-ranking officials planned to greet him at the airport. Adenauer told a nationwide television audience Monday night that Naziism is dead in West Germany. He also reaffirmed the Bonn government's si re to make restitution for Nazi war crimes as far as is materially possible. "We do not oppose the married housing project," he said, would like to suggest setting aside right-of-way how for an east-west passage through the 55-acre BYU tract, possibly along the north boundary of the married housing site, near the Timpanogos Canal.

A regional shopping center and Wasatch' school further increase traffic on Ninth East, he said. Fred Markham, BYU architect, said terrain created a severe problem if the road were built west of Pine along the north rim of the married student project, and recommended as alternate a loop north from Wasatch Drive and upper Oak Lane to swing west north of the city reservoirs (about 2150 North). Lanes Not Joined Dr. Grow said if upper and lower Oak Lanes were, not joined that, would "solve our problem on Pine area" but would not help subdivisions on the foothills to the northeast, who. would have to north to the mouth of Rock Canyon or south to Eighth North to get west -io University.

Byron Johnson, Willow Lane, asked what about Phillips Lane and the Twelfth North continuance across campus. Councilman A. K. Breinholt said the council has made no commitments on Phillips Lane, and the university has agreed its- road is open to the public. The university owns all, or nearly all, property on both sides of it.

Seeks Written Dallas Young former. Provo City attorney, pointed out that BYU owns land north of Phillips (1430 North) and said he ''doubted overall BYU plans call for its (Phillips Lane) continuance." He said he had "seen other oral understandings with BYU superseded," and thought the city should "put in writing agreement" to keep Phillips Lane open for fire, police and other emergency vehicles. Mr. and Mrs. Pete Fackler, Elm Street, called attention to Civil Defense problems with no east-west road draining the foothills to Ninth East or University.

A. J. Randall said, he saw only alternatives as an east-west road at Rock Canyon and south on Ninth East or a Wasatch foothills road at about 1800 East, south to the state hospital and east on Center. Makes Comparison One woman thought the grade on extension of Pine (about 1800 North) wasn't worse than the road up-campus at Helaman Halls. But Earl Pierce, 1635 Oak Lane, while deploring use of f'Oak Lane as a drag conceded the Wasatch Fault causes problems at terminals of Briar, Elm and Fir.

City Planner Kenneth: Millard aw possibility of problems for emergency fire and snow removal vehicles, on any too-long streets ending in dead-end (Lo- SALT LAKE STOCK EXCHANGE SALES: Banner Mng. 50 at 2230: 100 at 21.50 Big Hill, 500 at Cardiff. ,100 at 120; 100 at 1.15; 300 at 1.10 Comb Met, 5.000 at .07 Comwlth Lead. 1,000 at .03 Cons Eureka, 1,000 at .19 Crown Point, 1,000 at .04 East Standard. 15,000 at .03 Eur Bullion, 2,000 at 1,000 at 1,000 at 1,000 at .16 Gen Cont Corp, 100 at 37; 400 at 35 Grand Dep.

1,000 at 700 at .82 Horn Silver, 8,000 at P03Va Kennebec, 200 at .45 Majestic Oil, 8,000 at .05 Mono Kears, 8,000 at .02 Progress, 2,000 at 250 at .03 Rico Argentin, 200 at 3.Q0 Royston Coal, 6.000 at .04 South Std, 200 at 2,000 at .42 Sundance Oil, 1,000 at 1,000 i at Tintic Std, 67 at 125 Water Wonderland, 2.200 at 900 at 1,500 at 15,000 at 500 at .44 Williston, 3,100 at 1,000 at .18 'Zuma, 5,000 at .05 Branch Rickey Jr. Succu mbs at 46 PITTSBURGH (UPI) Branch! Rickey. who spent most of his life in baseball like his father died in Presbyterian Hospital Monday of bronchial pneumonia contracted while convalescing from a hepatitis infection. Rickey 46, a diabetic for several years, will be buried Thursday at a site to be announced. He I died at 3:05 p.m.! lisT after being hospitalized last March 30 for the, second time this year.

The younger Rickey, whose father Branch Rickey 79, built baseball empires in St. Louis, Brooklyn and Pittsburgh, was vice president in charge of minor league clubs for the world champion Pirates at the time of his death. Rickey father of three children, entered baseball in the St. Louis Cardinal chain. From the: 'Cards he went to the old Brook-! lyn Dodgers and came to Pittsburgh in 1950.

Soviets Keep (Continued from Page One) Premier Nikita Khrushchev is out of town. He is' vacationing near Sochi. WASHINGTON (UPI) Dr. Hugh.L. Dryden, deputy director of the civilian space agency, told Congress "today that reports the Russians had launched a man into space are "purely rumor." "To the best of our he added, "th's is all.it is." Dryden, testifying before the House Space Committee, was questioned about the reports by Chairman Overton Brooks, D-La.

Dryden said that the National Aeronautics and Space Administration had seen the I "press reports and that! as near as we can tell they are purely rumor based on conversations with taxicab Magna Deputy Funeral services for veteran Deputy Sheriff Malcom Orr, 64, Magna, brother of Mrs. Roy J. (Ethel) Mitchell and Mrs. J. Elmer (Ella) Jacobsen, Provo, will be conducted i in Oquirrh Stake House Magna, Thursday at I.

p.m. Friends may call at Peel Mortuary, Magna, Wednesday from 6 to 8 p.m. and Thursday from 10 a.m. to 12:30 p.m. Deputy Orr died Sunday of a heart ailment.

Man Charged With Lack of Permit in Milk Distribution Merrill Blair, 699 W. 1200 Oreni, has been charged with distributing raw milk after his permit was suspended by Utah State Board of Agriculture for violation pr Section 4-21-91, Utah Code Annotated, 1953, which sets up stand ards of sanitation for raw milk. The defendant was given until April 18 to enter a plea- in Provo City Court. I'm proud to represent the AUTOMOBILE INSURANCE COMPANY RULON MYERS 964 W. CENTER FR 3-7193 ELDON W.

PAYNE 398 N. 5th WEST 1 FR 3-6120 4 H.B.PAYNE 398 N. 5th WEST FR 3-6120 CARL MADSEN 61 EAST 1st N. FR 3-8402 STATE FARM MUTUAL. AUTOMOBILt INSURANCE COMPANY Home Office: Bloomlngton.

Illinois 36" Sc en $9.95 now J.JV $12.95 Now U7J $7 50 now Blue now U.7J Blue H95 now Pfitzer tor 3.95 Reg. 5.95 4.95 TEA (On the Springville Road) PHONE FR 3-8323 IttEI ham City Fifth-lOth LDS Ward. ROOSEVELT Mrs. Erma Calder Jensen, 49, died Sunday; funeral Wednesday! at 1 p.m., Roosevelt Ward Chapel. West German (Continued from Page One) small group and that the German people as a whole were unaware until too late.

Some Other Fears There was some fear also that the trial may trigger another series of swastika-smearihgs by fa natical neo-Nazis anjdous to ignite emotions and by! Communists seeking to smear the West German state. Many! Germans also feel that not enough emphasis has been made on the efforts to make amends. More than 2,000 Nazis have! been hunted down and tried and the search continues, they point out. vln addition, they point out West Germany already has paid out $3.25 billion to compensate Jews and other victims of the Nazi terrorism. When the restitution program, as it is called, is completed the total payment will be $6.25 billionThe Israeli government's share will amount to $862.5 million; r0 18 Reg.

24 Reg. 30-36" Reg. $9.95 30-36'' rwi Arborvitae Berclcman Dwarf AMERICAN STOCK EXCHANGE Tuesday's Quotations Bid Asked Bunk Hiil .11 11 Day Mine 5 6 Ind 11 11 Mtn Sts 33 34 Nw Park 1 1 1 -1 Rico Argentine 2 2 Utah Id Sugar 8 9 Va Standard Uranium 3 3 OVER "l'HK COUNTER Tuesday's Quotations Bid Asked 11 is A-Bbertsans 1025 Ariz Pub Ser Bi Piney Bonanza Campbell Mach Cons Freight Deseret Pharmac Equity Oil Federal Res First Sec Bfc First Sec Inv Intrsts" Mtr Ln 'Frontier Refg LocMiart Magna Magna 6 Bond Skag-g Leasiaig Speede, Mart Straza Three StsrNat Gas Utah Const 8.87 .15 4.87 925 9.25 825 16.00 37 3725 14.75 16.00 167 19.25 450 100.00 337 10.75 9.87 1037 .18 537 10.12 10.00 19.00 17 iS 3.87 3923 15.75 1725 17j62 2050 525 106.00 3.75 10.75 337 61.00 3.00 88.00 MUTUAL "FUNDS Monday's Quotations: Bid' AffU Fund 8.42 Div Shares 333 Cdn Gen Fund 1539 Chem Fund Bal 1230 i and Stk 13.84 i Fund Investors 1035 Incorp Inv 9.78 Mass Inv Trust 1433 Mass Inv' Growth 9.92 Putman 1 Fund 18.67 Te-lev end Elec Asked 9.10 P-65 1632 1337 13.15 1430 1134' 10.69 1621 1034 18.12 9.71 Committee (Continued from Page One) does not include Kennedy's proposal to allow men to retire at 62 on limited benefits. Wage: The Senate Labor Committee meets behind closed: doors to work on' a compromise version of President Kennedy's proposal to boost the minimum wage bill to $1.25. leaders hope to bring it to the floor this week.

Kennedy's version failed in the House, and a more, conservative measure- went through. Space: House Space Committee Chairman Overton Brooks, said he is "not entirely satisfied" with President Kennedy's space budget. He "said he felt a number of projects needed, more support, and indicated the budget should ask for $1.5 billion instead of $1.2 billion. Deer Creek (Continued" from Page One) panies, Salt Lakt and Kennecott demanded last week that the state engineer release certain waters from the reservoir, He said the users association and the Metropolitan Water District had illegally impounded acre-feet of water this year and last. The meeting Monday at the Capitol was called to discuss this demand.

Joseph Novak, attorney for the Provo association, said his group owns 24,000 acre-feet in the am? that this water should be impounded in the reservoir. 1 "OWE 24" $0 OC 30 $4.95 Reg. 30" Cl AP 3-4 $7.95 now Reg. Juniper Canaerti Ha now $4.95 3-4' Reg. $10.95 Juniper Chin.

Col. Reg. $7.95 now Reg. $10.95 Juniper Scopulorum 30-36" Reg. $7.95 Juniper 1 1 OC 5 r-n I xteg.

i.OW T. xvck. Juniper Tamariscifelia As reported in the April Hogle Review RECESSION "Without attempting to pin-point the dat for all practical purposes i the recession has ended!" For details on the above for a review of these stocks see April Hogle Review! American Radiator Standard Sanitary Corp. Good yield growth potential. J.

J. Ntwbarry Co. High current yield. International Nickel Co. of Canada.

I Purchase recommended. Ask for details. Standard Oil Co. (Indiana). Growth! Cincinnati Gas Electric Sound! 1 Reg, 1.50 QCr HYBRID 5 FIORIBUNDA Cirv i-mm C3i51' mm BclRGEfECLES lTpEIRCE BRADY PROVO SALT LAKE 20 East lit No.

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i.i ll IB ii n.1 II i ii writ iNOW 1455 SO. STATE PROVO ll I 43 nearby offices in Please send me a My Name. My A. New York Ave. Provo, Utah, FR 3-0234 Salt Lake City and Ogden FREE copy cf the April HOGLE REVIEW.

i 1 DIAL FB3-7C01 Provo Fiord. 2J1 17 1st 3.. Provo Cif 1 Phon.