Chicago Tribune from Chicago, Illinois on May 23, 1959 · 3
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Chicago Tribune from Chicago, Illinois · 3

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Chicago, Illinois
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Saturday, May 23, 1959
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3
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? I f i i I RULES INJURED PUPILS CAN SUE SCHOOL State's High Court Voids Immunity BY ROBERT HOWARD Chicago Tribun Presi Serried Springfield, ni., May 22 All government agencies can be sued for damages resulting from negligence under a precedent breaking ruling by the Illinois Supreme court Friday. As a result, the Kaneland community unit school dis trict in Kane county is faced with damage suits totaling . nearly 2V2 million . dollars. Eighteen Kaneland pupils were injured in a bus accident March 10, 1958, allegedly a result of the driver's negligence. Legal authorities said the opinion, establishing new rules for trial of negligence cases, was one of the most far reaching issued by the high court in recent terms. Calls Immunity Unjust It threw out the ancient theory of sovereign immunity under which governments were not liable for the negli gence of employes or agents Previously, a school district could be sued only to the extent of insurance coverage. " The rule of school district tort immunity is unjust, unsupported by a valid reason, and has no rightful place in modern day society," said the opinion by Justice Ray I. Klingbiel of East Moline, reversing the Kane county Circuit court and the appellate courts. Justices Harry B. Hershey. of Taylorville and Charles H. Davis of Rockford dissented. Warn of Bankruptcy Directly involved in the case was a $56,000 damage suit in behalf of Thomas Moli- tor, who was in the bus when it left the road, hit a culvert, exploded and burned. Rejected was the claim of school attorneys that district bankruptcy and "grave and unpredictable problems of school finance and adminis tration " would result " We do not believe that In this present day and age, when public education constitutes one of the biggest businesses in the country, that school district immunity can be justified on the pro- teciion-of-public-funds the ory, War Carriers to Scrap Yard (EhUago Dailg grtburtg sturdy. May 23. 1959 JF Fart 1-Page 3 Tells of U. S. Might in Far East - t ft.:.... ,. ... : :-.y -:x-;:-:- IAP WirephotoJ Aircraft carriers. Guadalcanal (foreground) and Mission Bay, sold to scrap metal firm, about to start last journeys at New York. Both saw action in the Pacific during World War II ARTHUR M. EVANS NAMED CHICAGO'S PRESS VET OF 1959 Arthur M. Evans, retired political writer for The Trib- ... u n e , was Am U$.:. Evana named " Press Veteran for 1959 " for the Chicago Press Veterans association at an announcement party in the Chicago Press club Friday. Unanimous choice of the association's booard of direc tor's, Evans will be guest of honor at the annual dinner Nov. 18 in the La Salle hotel. Evans was born Aug. 30, 1874, in England and was brought to this country by his parents when he was 10 years old. He attended several col leges and universities before beginning newspaper work in Ironwood, Mich. Before coming to The Tribune in 1918, he worked for the Chicago Press association, Chicago Chronicle, and Chicago Her- MASS SLAYER WINS REPRIEVE FROM DEATH Lincoln, Neb., May 22 Spe cial About an hour before he was to go to the electric chair, Charles Starkweather, 20, slayer of 11 persons during a three day murder ram page, Friday won a two week stay of execution. Clref Federal District Judge Richard Robinson of Omaha granted a stay to June 4 to give Starkweather time to appeal denial of his petition for a writ of habeas corpus. Starkweather con tends his constitutional rights were violated by ineffective aid given mm by court ap pointed attorneys. Penitentiary Warden John Greenholtz said Starkweather " was all prepared to go " and 4 was pretty snany " wnen ne learned of the reprieve. The bandy legged little man, whose slaying spree was be lieved motivated by the sense of power it gave him, didn't raise a contention of inno cence in his 11th hour efforts to escape execution. aid. His home is at 73 E. Justice Klingbiel held. Elm st. , He expressed belief that I there will be fewer bus acci 'dents, since the abolition of negligence Immunity will lead to greater care in selec tion and supervision of drivers. , The doctrine of immunity, ne field, is contrary to the concept that "liability follows negligence" and that 1 o c a 1 governments, individ-1 uals and private corporations should be equally responsible in court for wrongdoing. The state Is now liable for damages up to $7,500 in negligence cases before the court of claims. Schools and other local governments already are subject to liability under workmen's compensation ' laws. Can Condemn Land In other cases, the Su- ' preme court: Held that the state toll highway commission has a constitutional right to condemn land needed for serv-. ice stations and restaurants 'leased to private corporations. Granted tax exemption to Kmerican Medical Colleges ssociation of Evanston, re-, versing the Cook county Superior court. I Held invalid a special Au-'rora town meeting election authorizing a $1,553,050 bond issue for construction of two J bridges. The Kane county Circuit court was reversed. HIGH VATICAN PRELATE PLANS VISIT IN U. S Washington, May 22 UFi Cardinal Alfredo Ottaviani, pro-secretary of the Congre gation of the Holy Office, will visit the United States for two weeks from May- 28, the National Roman Catholic wel fare conference said Friday. The Vatican prelate will visit Cardinal Francis Spell- man in New York: go to Dubuque, la., as the guest o Archbishop Leo Bmz: visit the mother house of the Franciscan Sisters of Per petual Adoration, La Crosse Wis., as protector of the or der; spend June 2 to 5 in Chi cago and go to Notre Dame university June 6 to receive an honorary ddctorate of laws degree. Then he will go to Wash ington, D. C, June 7 to receive a similar degree from Catholic University of Amen ca; spend June o ana a in Newark, N. J., as guest of Archbishop Thomas A. Bo- land; go to Omaha, Neb June 10 for the silver jubilee of Archbishop Gerald T. Ber- gan, and sail from New York for Italy June 13. 1 CASH REGISTER STOLEN Thomas Harris, store operator at 3614 Divisioa St., reported to police Friday that a cash register valued at SI, 400 was taken in a burglary of the store. 1 it lM 4; f ' J.. TWO BEDROOM WATERFRONT COMPLETE 5150 Year 'Round Home With wood paneling and very luxury. On large waterfront site enjoy your own pier. Safe, sand beach. The som fin 2-bdroom with beach and pier rights Only w Dowe home near the waterfront. . . . only $6895 COME OUT NOW Take 120 west out of McHenry 0 miles. Follow our signs to Sunrise Ridge. A little off of the beaten trad but well worth the few minutes for privacy so hard to find in this crowded world today. J OHIO, MICHIGAN DEDICATE NEW EXPRESSWAY Toledo, May 22 IS Ohio and Michigan joined Friday in dedicating the 65 million dollar Detroit-Toledo expressway, a 52 mile link between the two midwest cities. The expressway is one of the first interstate connections completed under the new federal highway program. Michigan completed its end of the expressway in October, United 1957. ahead of Ohio. Opening; fcse zone of the 18.3 mile Ohio sectio: awaited construction of a 6 mile section from the Craig Memorial bridge here to the state line. i (This is the first article of three assessing American forces and power in Korea and Formosa, the two out' posts nearest communist China, by Wayne Thomis, aviation editor who was one of The Tribune's war corre spondents in Korea.) BY WAYNE THOMIS Cbicaso Tribune Press Service KAESONG, Korea, May 22 The red clay mountains and green rice fields of this country haven't changed since the uneasy peace was made at Panmunjom six years ago, but there have been significant realignments in the American military establishments here and elsewhere in the far east. Two in- particular strike the returned observer who remembers the 1950-1952 period of heavy fighting here. First is the obvious trend toward permanancy . in the American bases. Second is the really broad inclusion of atomic weapons in the arsenals of all branches of land, sea, and air units. "Atomic capability," as commanders like to describe it, is of course limited to American forces, at least for the present. Weapons Not Concealed There is no doubt and no concealment of the atomic weapons. Air bases have their heavily guarded kiloton bomb storage areas. Army missile battalions have Honest John ballistic rockets on mobile launchers, fueled, pointed, warmed by their electronic blankets, . ready to go on a 5-minute alert basis. Navy carriers and missile-launching cruisers have atomic warheads for a variety of air borne and seaborne weapons. It is less easy to verify the United States intent to stay in the far east. The intent must be de duced, however, from the solidity of bases and the heavy dollar investments in brick and concrete block housing and operations build ings, the poured concrete air- strips up to two miles long m most cases tne concrete enforced bunkers, and artil lery positions that have ap peared. Signs Tell a Story These signs tell the story more succinctly than a state department pronouncement on the subject. And the same solid building for long term efficiency is found in all our other far eastern sites, be they in Japan, the Philip pines, tne bastion that is now Okinawa, or even on Nationalist Chinese Formosa. Can vas shelters, open latrines, and the makeshift housing of the earlier years are gone or rapidly going. There can be no doubt, eitner, about the enormous increases in American power potential in these areas. It's there, strung all along . the States western de- extending from rneo and Palawan up thru iokkaido. Particularly for the defenses, atomic missiles and atomic warheads on airborne rockets provide J RUSSIA' V. SHANGHAI V CHINA OKINAWA " Pacific ? Ocean (FORMOSA K0NG fi PHILIPPINE PALAWAN ISLANDS NEW GUINEA VBORNECV strength never hitherto realized. Men who will hurl these thunderbolts, should the occasion arise, are emphatic in stating their "defensive posture." " We are on an eternal alert," an army corps commander told this reporter recently. "We can't have it any other way. The jet air plane has cut our time-distance cushion to a matter of 5 to 15 minutes in Korea, for example, and to no more than 50 i minutes' warning in Okinawa." Things are a little better in tthe Philippines, but consider ably worse in Formosa, where a warning of no more than 15 minutes could be expected if some of Red China's Russian Ilyushin-28 jet bombers, based along the coastal plain south of Shanghai, should pounce. Poised tho they are, there is a general belief among the American units that no offensive action by the Red Chi nese is imminent. At the start of this year no bet would have been taken on the score, but the United btates' swift, decisive reaction to buildup signs in the Quemoy isles shore area and the Reds' increased bombardment of these islands, put a full stop to whatever- was planned. Our own commanders are confident, and the Chinese apparently concur, in the belief that the combined sea, air, and ground forces that moved up to ready all along the Formosa, Korea, Japan sector at that time were equipped and trained to douse" any kind of brush fire conflict that might develop. 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