The Journal Herald from Dayton, Ohio • 25

.1 Kt--' Picnic parade DIAL 222-2866 Action Line cuts red tape, gets answers, rights wrongs. Dial 222-2866 anytime. Or write Action Line, The Journal Herald, 37 South Ludlow Dayton 45m. The summer soldiers? Or Is it a parade of picnickers' paraphernalia? You might call it that. But when warm weather comes to the Taylorville Reserve in Van-dalia, you can bet that the only things that will be marching in the area are ants.

You know. The kind that come to every picnic. And just to show them that we're good sports, we'll put the tables down and spread the tops with food to make the ants feel welcome. I live in Indiana but work in Moraine. Ohio will have a reciprocal agreement with Indiana on the state tax.

However, will I still have to pay the Moraine income tax? D.R., Richmond. Yes. City and state income taxes are separate affairs. Filling out a non-resident form with your employer will exempt you from having any state income tax withheld, but you'll still owe Indiana income tax. You won't get any credit with the state for city income taxes, either, though both the city and state levies will get you a little credit on what you owe Uncle Sam if you itemize.

Staff Photo by James Rutlidg It's O.K. sed Journal ferald Wednesday, April 12, 1972 THE JOURNAL HERALD 25 DAYTON, OHIO ated conspired with suppliers of key merchandise to monopolize the department store market and keep him from getting choice lines for his stores. Federated contended its exclu-sives were perfectly legal and typical of operations in retail establishments across the country. "THE JURY in Judge Carl A. Weinman's court spent a week deliberating after the five-month trial before awarding Beerman damages of $1,275,097.

Under the antitrust law the damages were trebled to $3,750,291. Beerman's attorney, Jerome Goldman, could not be reached for comment yesterday on whether the company will appeal to the United States Supreme Court. The three concurred that the case should be remanded to the court here, and recommended that formal pretrail conferences should be held to reduc the time necessary for any retrial. THE MAIN decision, written by Kent, stated that Elder-Beer-man had not produced sufficient evidence to establish the alleged conspiracy between Federated and the suppliers. And, discussing the issue of damages, it held that "Elder-Beerman has established it could not obtain certain brands of merchandise but the record leaves unanswered the question of the availability of comparable alternative brands." Witnesses for Federated and the suppliers testified that By Catherine Martindale Journal Herald Staff Writer A three-judge federal court yesterday reversed the lion jury verdict to Elder-Beer-man Stores Inc.

in its antitrust suit against Federated Department Stores and sent the case back to court here. The decision by the 6th Circuit Court of Appeals in Cincinnati incorporates opinions by each of the three judges giving varying reasons fdr their concurrence in the verdict. The suit was brought in 1961 by the late Arthur Beerman, then owner of the Elder-Beer-man Stores against Federated and i 's department store, a division of Federated. The trial did not occur until 1969. Beerman charged that Feder- Private force If Beerman's appeals and the high court declines to hear the case, it will return here for further action by Weinman.

If the justices agree to hear the case, further action would halt until their decision. If the case is brought back here, it will be re-tried unless attorneys for both sides can agree on an out-of-court settle ment or the heirs to the Beerman estate decide to drop the suit. The judges on the federal appellate court who heard the case were George Edwards, of Detroit, William E. Miller, of Nashville, and W. Wallace Kent of Kalamazoo, Mich.

That dhty Gity to study dealjust Rike's carried certain "exclusive" items which were not for sale in other stores in this area, but said such a practice is common in any locality and each store has such exclusives. Under the law, a department store may tell a single supplier that it will not carry that supplier's merchandise if it is offered in competing stores. But if a retailer conspires with all or many suppliers of shoes or sweaters or shirts to deprive a competitor of their merchandise, it is considered illegal. Rike's argued it did not have a monopoly on products in this area's market because it considered the smaller specialty shops for shoes, dresses and other clothes as competition as well as other department stores. BEERMAN'S ARGUED that the competition was only between department stores, with Rike's and Elder-Beerman as the chief competitors.

a and Miller, while concurring in the decision to send the case back here, wrote separate opinions dissenting in part from the main decision. Edwards said he would affirm the jury's verdict as to the liability of Federated in the case, but would concur with the majority opinion in reversing the case on the issue of damages only. He singled out Joseph J. Friedlander, a New York con sultant who testified for Beerman's, for special criticism. "Elder-Beerman 1 i for computation of a a entirely upon an expert witness named Friedlander.

Friedlander undertook to compute damages by a formula which seems to be without any basis in either this record or in reality. His theory is founded upon the totally unsupported assumption that each of Rike's 'exclusives was so unique as to be irreplaceable." Miller held the record showed no attempt to monopolize and that the case should be returned for a new trial on that issue alone. East Dayton police urged labor plans I have a first grade class that would like to launder their American flag. Is this permissible? We want to launder instead of dry clean so the children will have a part in it. D.L.H., Brown School, Dayton The Americanism departments of both the American Legion and Veterans of Foreign Wars publish detailed flag etiquette booklets.

Both endorse washing or dry cleaning. One VFW guideline: "Hang it for drying in such a manner as not to suggest carelessness or disrespect." Many people asking Action Line about the flag seem to feel the cloth itself is "sacred" and demands a reverence in handling far beyond its -national symbolism. Washing the flag may help your kids understand it's not what they have in their hands that counts so much, but what they have in their hearts. ACTIONgUNE There'll be a caterer for Waynesville's 175th anniversary and country fair June 8-11, but about 75 people will be helping out at food concessions. Do we need food handlers' cards for under seven days? R.

Waynesville Yes. Warren County has stringent rules. Gary Long of the Health Dept. at Lebanon explains even an hour's food handling requires a card. Go to the department's offices (East Street in Lebanon) for the free tuberculosis patch test.

If it's negative you get a permit for $1. It'll take you a couple of trips, but won't the public protection be worth it? AaicmruHE I sent $3 to WKEF for "Hits of '71" and have been waiting several months but never have gotten anything. I think I should get the record or a refund after this long K.W., Fort Loramie You'll get a complimentary copy of the '71 hits. Big response to the offer caused problems, but the station vows no one will go empty turntabled. One request: If you wind up with two copies, please send one back.

a mistake Mrs. James Herr's driveway was cleaned up yesterday by a man who got his street names mixed up. The plight of Mrs. Herr, 75, of 2301 Emerson was told in yesterday's editions of The Journal Herald someone had dumped several hundred pounds of top soil on her driveway and she didn't know who. Mrs.

Hen said yesterday that a private contractor read the story and realized his mistake. "He was very apologetic," Mrs. Herr said. "The poor guy shoveled it all back up and put It back in his truck." The man, she said, had meant to deliver the soil to the 2301 address of a nearby block. City commissioners will be asked today to pass as emergency legislation three compromise labor ordinances to resolve a labor-city hall controversy of almost two months standing.

The compromise ordinances were written' by a joint city-labor committee chaired by Common Pleas Court Judge Carl D. 1 r. The committee was convened a month ago to forestall a threatened city strike because of passage of new city hall labor laws. IN ESSENCE, the city labor groups have accepted no-strike legislation and the city has revised the arbitration procedure, set under the original laws. A city move to pull supervisors out of the bargining units of the police and fire departments is still unresolved.

Under the old city hall ordi- nances, passed by city sion Feb. 16, the two uniformed city employe groups would lose 172 members through the paring of sergeants and above from bargaining units. The compromise proposal merely defines a supervisor and thus, nonunion employe as a person who supervises more than two employes. Firefighters Local 136 and the Dayton Fraternal Order of Police argue the compromise proposal would result in the same membership loss. SO TODAY Kessler will suggest the commissioners resolve the supervisor issue through negotiations with City Manager James E.

Kunde and if that fails, by binding arbitration. division of his consultant firm. The proposal says the 28 security officers men and women hired from the Southeast Priority Board area would be trained, uniformed, armed and given the power to arrest and detain citizens. FINLAY ALSO says in the proposal made at the priority board's request that the board could use his services because of recent cuts in the Dayton Police Dept. "Offensive policing is the responsibility of the Dayton Police Dept.

Yet the preventive maintenance of loss of services can be performed by special police, who also have arrest and den-tention authority," he says. The "special police," Finlay says, would work with, not against, the Dayton Police and would serve to re-d unemployment in East Dayton by hiring its residents. FINLAY'S PROPOSAL got little response from the board at a Monday night meeting. And last night Donald J. Hunter, board member, asked that each board member be given a copy of Finlay's proposal and that it be voted on early next week.

The board probably will move on the proposal either next Monday or Tuesday night. If the board approves Finlay's idea, the proposal will have to go to the city commission for approval before it is sent to the federal government for funding. HUNTER SAID last night he (Continued on Page 39) By Bonnie Russ Journal Herald Staff Writer The Southeast Priority Board is considering buying protection from John R. Finlay. But Ronald M.

Gatton, head of the citywide Model Cities program, says there's no way he can let the board do that. If the board goes ahead and approves Finlay's proposal to hire a private security force to patrol East Dayton streets, he'd have to look on it "unfavorably," Gatton said yesterday. THE ENTIRE proposal raises a lot of "insurmountable" legal questions concerning the special police officers' relationship to regular Dayton policemen and what powers the special police could exercise, Gatton said. "Plus the fact that it's a bad idea," he added. "I think we certainly, would have to recommend it "not be approved (by the Dayton city commission), unless, of course, all these other problems can be worked out," Gatton said.

And Gatton said it seems very unlikely those problems can be resolved. FINLAY A law-and-order candidate who was defeated in last fall's commission election is president of Metropolitan Consultants, a private security force firm. Monday, Finlay proposed that the board spend part of its share of the $5.2 million city-wide Model Cities money to hire 28 security officers from the Metropol Detective Agency a In Loveand ds b099lG Frog mm soumL "but it was i and I wanted to see what it was, so I fired at it, hit it four times," with his .357 magnum service revolver. But Matthews says he never got a really close look at his prey because the animal gave one last hop, fell into the river and was washed away. MATTHEWS says he doesn't believe in monsters and thinks that what he saw that night was an iguana.

The week between the Schockey and Matthews sightings, the Loveland Police Dept. "tried to keep the whole thing a secret," Matthews says, "because we didn't want to scare people and anyway it would make the department look bad." Still puzzled after the animal was destroyed, the Loveland police called in expert consultants in the case. FIRST, an artist made a composite drawing based upon de- Thought maybe you and your readers would be interested in the way different people react to the same situation. There is one neighbor who catches cats that are the pets of children, takes the kids' balls when they go on his property, and now has posted a "no trespassing" sign. We on our side have posted large smile posters, orange with red smiles.

M.F., Kettering By Jan Goldstein Journal Herald Staff Writer LOVELAND Police here have admitted that an unknown creature that touched off a secret search and tight securiy measures at police headquarters has been shot and killed by a village patrolman. The creature, which was the subject of endless rumors, here, appeared to be a three-foot tall frog, according to a policeman who saw it. Patrolman Mark Matthews said that his partner, Patrolman Ray Schockey, spotted the creature about a month ago near the Little Miami, River. But Shockey told only his Immediate superiors about it for fear of arousing alarm among area residents in this town that straddles Clermont, Hamilton and Warren Counties. Shockey refuses to comment on the case.

A WEEK later, Matthews says, he was walking'along the same spot on Kemper Road, when he this thing about three-feet long and with a face like a frog hop at me. "It didn't show any signs of aggression," Matthews reports, scriptions supplied by Schockey and Matthews. The drawing was sent to Parry Wakeman, a zoologist at the Cincinnati Zoo, for analysis. Wakeman 's verdict on the drawing is that it "was unlike any possible animal" but he thinks the thing might be an otter or a woodchuck. It couldn't be any type of amphibian or reptile, he says, because the weather was cold.

But he admits that a species of giant frog does exist, the Rana Giantus, or West African Giant Frog. "IT COULDN'T be Rana Gian-tus," Wakeman says, "because the weather was too cold." Wakeman isn't too mystified by the whole thing. He says that "when people see something exciting they call the zoo." Now, the artist's drawing is back in the hands of the Loveland police who have it under lock and key, lest someone become frightened. But the people at the police station still remember the thing: Call the Loveland Police anytime and they may answer the phone, "Hello, Ribbid, Ribbid, Ribbid fAcnoti mm -WrVte Mother 'lo4 Ness1 w6? REACTIUN Sing-Out Dayton show will be a swan song Sing-Out Dayton will hit its last note April 29. The youth group will produce its final concert at 2 p.m.

that Saturday at the UD Fieldhouse. Declining membership is the cause, according to a spokesman for the organization. Proceeds from the concert wiU go to the Training Center for Development ally Handicapped Children at Bergamo Center. the show, Sing-Out Dayton will auction off its equipment, with auction money also going to the training center. The hope Is to raise $4,100 to help open a second training center in northwest Dayton, the spokesman, Mike Redman, said.

The training center provides therapy for children who have brain damage and developmentally handicapped children. The center now serves 12 children, Redman said. Sing-Out Dayton was formed In 1966 and has put on more than 500 shows in Ohio and nearby states. Membership is 35, Redman said. Tickets will be on sale at Rike's, Sears, and from Sing-Out Dayton memben or training center volunteers.

We appreciate very much the costumes donated to the University Theater through the graces of Action Line. Because of your story, we have had a bonanza of gifts including a collection of hats from the early '40's, a collection of New York playbills, two old chandeliers, and other furniture and costumes, as well as early orders for tickets for "Tar-tuffe." Abe J. Bassett, director, Wright State University Theater. 1.