The Daily Register from Red Bank, New Jersey • 1

4 Distribution Today 23.425 Weather 7 a.m. temperature 32. Considerable cloudiness today and tomorrow, with high near 40. Chance ot a few snow flurries tomorrow. Low tonight in low SOs.

Friday, partly cloudy aid cold. See weather, page 2. BED BANK 1 Independent Daily I MONDAY THKHMSH fUDAY-KST. UTt DIAL 741-0010 7c PER COPY PAGE ONE VOL. 86, 113 tAdStJ5llM5? RED BANK, N.

WEDNESDAY, DECEMBER 4, 1963 8 fcc. i wm- Pope to Visit Holy Land VATICAN CITY (AP) Pope Paul VI announced today he would make an unprecented visit to the Holy Land in January. The Pope did not set the exact date in his announcement, made at the closing meetings of the current session of the Vatican Ecumenical Council in St. Peters Basilica. A Vatican source said it would be the first time a Pope had been in the Holy Land since St.

Peter left for Rome after the death of Christ. Pope Paul will be the first pontiff to leave Italy voluntarily in 159 years, since Pope Pius VII went to Paris in December, 1804, to crown Napoleon. Later Napoleon brought Pius VII back to France as a prisoner to sign the cession of the papal states in 1813, and he remained there for a year. Pope Pauls trip to the Holy Land will be the longest trip ever made by a Pope since St. Peter.

Presumably the Pope will go by air, the first time a reigning pontiff of the Roman Catholic Church has flown. i The Pope promulgated the liturgy decree after the council accepted it by a vote of The document was Roman Catholicisms first councilar decree since a Vatican council proclaimed the dogma of papal infallibility in 1870. A council press office background paper estimated it would take 7-10 years to implement the liturgical reforms. The 12, 000-word decree represents the most far reaching change in Roman rite liturgy since the 3rd Century when Latin replaced Greek in the Western church. Grants Permission Among other things, the decree grants permission for the use of modem languages instead of Latin in the Mass and Sacraments.

(See POPE, Page 2) Pope Paul in his prepared text did not mention the word col-legiality the term applied to the concept of shared papal-episcopal power. But his words clearly put him on the side of progressive prelates favoring the concept. A council test vote Oct. 30 showed council members favored the concept 6-1. But an impasse developed when conservative prelates in key positions on council commissions refused to accept the vote as binding on the writing of council documents.

Extends Power The Pope Tuesday extended the power to act in a limited number of fields without reference to the Vatican. That action implied support for collegiality. Today his words were a clearer expression of support. the primary aim of their gathering was to set forth how they share with him, and under him, church government. In an exhortation obviously aimed at conservative' prelates who oppose the concept of shared power, he said: The episcopacy is not an institution independent of, or separated from, or still less antagonistic to, the supreme pontificate of Peter.

But with Peter (the Pope) and him it strives for the common good and supreme end (goal of the Church. The coordinated hierarchy will thus be strengthened, not undermined; its inner collaboration will be increased, not lessened; its apostolic effective ness enhanced, not impeded; its mutual charity stirred up, not stifled. We are sure that on a sub- VATICAN CITY (AP) Pope Paul VI recessed the Vatican Ecumenical Council for nine months today after making an eloquent appeal to the Roman Catholic prelates to share with him in' governing the church. The Catholic ruler addressed the ceremonial last meeting of the councils second session in St. Peters Basilica.

He and the 2,200 prelates cardinals, patriarchs, archbishops and bishops from around the world met to promulgate the two decrees completed by the council. One decree authorizes a vast reform the greatest in 1,700 years in the Roman Catholic liturgy, or public worship. The other reviews the churchs role in the field of mass communica tions, such as press, radio and television. The pontiff told the prelates the 1 that will bring consolation and say I ject of such importance council will have much to Middletown School Plan OKd Declares Wilson PRAYERFUL POPE Pope Paul VI kneels in prayer in the Basilica of St. Peter, Vatican City, during special Mass celebrated for members of the Roman Catholic Ecumenical Council.

(AP Wirephoto) home economics, music and typing, to the Thome and Thompson Intermediate Schools $650,000 each. Replacement of the burned-out portion of Leonardo Annex $400,000 plus $385,000 in insurance settlements. Construction of a 21-room elementary school on Nut-swamp Rd. $750,000. A 10-room addition to the Harmony School $250,000.

School officials have estimated that the building program will result in a tax increase of 16 cents per $100 of assessed valuation. The bond issue also covers cost of equipment for the school, purchase of the elementary school site on Nutswamp and architects legal and engineering fees. The additions to the Thorne, Thompson and Leonardo buildings will convert them into junior high schools. The cost of equipping the vocational training building will be handled by the Monmouth County Vocational Board of Education. The county board also will pay a yearly rental equal to the yearly cost of amortizing the cost of the building.

MIDDLETOWN Voters here by a little less than a 2 to 1 margin, approved the Board of Education $4.2 million building program. The vote was 2,190 to 1,151. A total of 3,342 votes were cast. Only two districts, 13 and 23 in the Bayview area, turned down the proposal. The vote there was 110 in favor and 155 against.

James W. Davidheiser, board secretary, said it would be March or April before bids on the first projects could be received. The program involves: Construction of 20 classrooms, five science rooms, and eight special classrooms, cafeteria (without kitchen), and gymnasium, at a cost of $1,200,000. A six-room vocational training' building on the high school property at $300,000. Additions of special classrooms science, sewing, art, Johnson Eyes Pared Budget partment examination of the WASHINGTON (AP) Presi Township in Revolt $4,316.68 on its $8,637.37 tax bill.fore the February elections for 1963-64, due before the end an assurance Mr.

Garrison also of the fiscal year in June. It haslgave in a letter last July to 25 high school students. township attorney Harry R. Hie revolt was spearheaded by Mayor, Joseph P. Menzzopane, who cited not only the famous tea dunking but also the Evans.

In the letter to Mr. Evans, the county superintendent noted that a new law makes it mandatory start of the Revolutionary War for him to reapportion board SHREWSBURY TOWNSHIP Just 190 years ago this month, a 5 determined group of patriots I masquerading as Mohawk In-I dians threw some tea into Bos- ton Harbor to protest taxation without representation. Last night, the Township Committee meeting without feathers, tomahawks or tea invoked their spirit and declared another I taxpayers revolt, The three-man committee de-1 dared it will not pay another cent in school taxes to the Mon-w mouth Regional High School 1 Board of Education until it gets a seat on th9 board. Mayor J. P.

Menzzopane, Jr. The township owes the Board two years later. This is the same situation as in 1775, he said, "taxation without representation. Had Assurance The mayor said that he had been assured by county Superintendent of Schools Earl B. Garrison, that the township would be assigned a seat on the Board be- budget.

Salinger said Johnson will hear the appeals of any federal department heads protest they are not getting enough money in the new budget, which will cover the fiscal year beginning July 1. Kennedy had sliced the budget from requests submitted by federal agencies, Salinger said and President Johnson is at tempting to cut that budget further. The attempt Is to arrive at a budget between $98 billion and $103 billion, Salinger said. While trying to reduce the gap between spending and revenue, Johnson was also setting his administrations tone in the matter of government regulation of business and industry Elevate Sights The President called in the chairmen of the Federal Com munications Commission, Interstate Commerce Commission, Federal Power Commission, Securities and Exchange Commis sion, and a dozen other regula tory agencies. He told them he will continue the battle against substitution of governments interest for the public interest.

We are challenged to elevate our sights, to measure our performance by quality rather than quantity, to concern ourselves with new areas of cooperation before we concern ourselves with new areas of control, to take pride in how much we do rather than how much there is to do, said Johnson. dent Johnson sets his sights today on a federal budget pared to the lowest possible level," but has conceded the spending blueprint he sends Congress next month may reach a record $100 billion or. more. The economy, plus civil rights and national unity the three keynotes of the new administration were on the White House agenda today. To discuss the health of the economy -and also to make an appeal tor support the President summoned representatives of labor and big business to the White House.

Meetings Scheduled Meetings were scheduled for late aflferndoft with members of the AFL-CIO Executive Commit tee and representatives of the Business Advisory Council. Johnson also planned to talk with James Farmer, director of the Congress of Racial Equality, and to attend a ceremony honoring Secret Service agent James Youngblood. Youngblood, who shielded Johnson with his body after the shots rang out that killed John F. Kennedy, will be cited for bravery. Pressing his economy drive, Johnson conferred again Tuesday with Budget Director Hermit Gordon and his deputy, Elmer Staats.

Begins Examination White House press secretary Pierre Salinger said the Budget Bureau is launching an agency by agency, department by de- members in situations such as that existing in the Monmouth Regional High School District. It is my understanding that prior to the election of school board members in February 1964, I will determine the number of school board members to be apportioned to Shrewsbury Township and the borough of New Shrewsbury, and will certify the same to the secretary of the regional board. The vacancies under such reapportionment would then be filled at the February election, Mr. Garrisons letter, dated July 2, said. No Verification But in a Nov.

21 letter to the Committee, Ralph Keevil, board (See REVOLT, Page 2) Want Religious Held at School Seniors Services FREEHOLD The $130,000 H. J. Wilson Boat Works condemnation trial wound up in a mistrial yesterday after a radio station and local newspapers published the money figure at issue. Monmouth County Judge Edward J. Ascher granted a motion by counsel for the Long Branch Housing Authority.

He ended the trial on grounds the information might prejudice the 12-man jury. Testimony had begun Monday, Both the authority, represented by Clarkson S. Fisher, and Harry J. Wilson and his wife, Councilwoman Lucy J. Wilson, owners of the former Shrewsbury riverfront boat-works, Long Branch, had appealed the $130,000 award to the Wilsons by a condemnation commission last May.

AMOUNT PUBLISHED When the award, by Mayor Solomon Lautman of Deal, James Forsyth, an Asbury Park banker, and George W. Schueler, Ocean Township real estate broker, was made, the amount was published. Similar publicity wai given to the sum several times afterwards. But publication while the appeal trial was in progress, Mr. Fisher contended, might foreclose a fair decision.

Before ruling in Mr. Fishers favor. Judge Ascher consulted the county assignment judge, J. Edward Knight, and verified from reporters that their news accounts then in circulation but not yet received in Freehold contained the condemnation figure. TALKS TO NEWSMEN Judge Knight told newsmen afterwards: The courts cannot require I would not presume to tell or suggest newspapers not publish amounts of condemnation awards before final disposition of the suits.

However, the courts are obligated by law to assure that information of awards by condemnation commissions not be given to the jury in trial of an appeal. Under the circumstances, if newspapers do publish' the amounts, and jurors may learn of them, mistrials will result It is for the newspapers to decide what they will publish, even though commission awards are matters of public record. It. is a difficult situation. CITES OTHER AREAS The judge said there are other areas where news reports may be injurious to justice.

These would include, he said, reporting of court arguments between lawyers not in the presence of juries; and, in second trials, references to earlier trials of persons convicted of crime who have won appeals and are on trial again. Ralph S. Heuser, counsel for the Wilsons, argued against a mistrial. He said there was no way of guaranteeing the figure wont be published anew when the case is called for trial again and that, conceivably, the matter might never be tried. He said he believed that an admonition from the court that the jury not be concerned with news reports would suffice, particularly since a struck, or blue-ribbon jury was hearing the evidence.

NO PRECEDENT (A struck jury is one drawn from a panel of 48 persons who have special knowledge in fields related to property values.) Judge Ascher said that though there was no precedent for his action never has such a situation arisen and been decided in a reported court opinion in all fairness to both (sides) the court feels it has no alternative. Judge Ascher said the only guidestone available in law books was a case decided in the state Superior Court in which the opinion directed that information of condemnation amounts not be given to the jury. EXPERT WITNESSES The Wilsons owned 1 13 acres at the foot of what formerly was River off Atlantic near Branchport Park, when it was seized by the authority in 1961, as part of the city riverfront redevelopment housing project now rising. During hearings before the condemnation commission, held in public, the Housing Authority produced expert witnesses putting the value at between $75,000 and $80,000 and the Wilsons, $200,000. broken, the state could withhold state aid funds from the school district.

Mr. Search said he will attempt to get local clergymen from all faiths to sponsor the service, adding, Perhaps on that basis we could get a ruling that it would be aU right. The law is clear on one thing the Board of Education or school administration cannot sponsor it or be connected with it, he added. Board members were angered and baffled at the state law. Member Stanley L.

Hyer noted that St. Johns Methodist Church uses Central School each Sunday for services. (St. Johns Church building burned and a new edifice is being constructed.) Apparently, he said, board has been breaking the law all along. It just doesnt make sense.

KEYPORT Seniors at Keyport High School rebelled lastnight at a state regulation which prohibits use of a school building for religious purposes. Specifically, the seniors want a baccalaureate service next June in the high school auditorium and to make the point clear 152 of them sent the Board of Educa-. tion a petition saying so. To make it doubly clear, 30 of the students attended last nights board meeting, and sat quietly in the rear of the room while matter was debated. The board sympathized with the request but found itself in a quandary.

Superintendent George D. Search Earl B. Garrison, county school superintendent, informed him yesterday that it would be 1 illegal, under state statutes, to conduct -the service in a public school, because of its religious nature and that if the law were ToDiscloseEvidence Before Start of Trial DALLAS (AP) People throughout the nation saw Jack Ruby kill the accused slayer of president Kennedy and theyre likely to hear nearly all the evidence before Rubys murder trial ever starts. Steps to set two formal inquiries in motion raised this prospect today on the heels of an eight-week postponement of the Ruby case, originally set for Dec. 9.

The new date is Feb. 3, fixed Tuesday by District Weigh Patrolmans Back Pay Request Voters Okay School Sites Acquisition FREEHOLD The purchase of two school sites in Marlboro and Manalapan by the Freehold Regional Board of Education was approved last night by voters of seven municipalities in the regional school district by a vote of 595 to 437. A $161,000 bond issue, to be amortized in 13 years, will finance the land acquisition. Additional high school facilities to be built on the sites will be needed by September, 1967, to avoid resumption of double sessions, the new Southern Freehold Regional high school notwithstanding, educators claim. The board will purchase 43 acres in Marlboro, fronting, 1,100 feet on Rt.

79, south of Rt. 520, from Big Brook, area developers, at a price not to exceed $101,500. The Manalapan 'site, 65 acres of the Woodrow Luhrs farm fronting 887 feet on the Englishtown Millhurst will be purchased at $59,500. Breakdown of the vote by municipalities is: Colts Neck, 65 yes, 22 no; Farmingdale, 36 yes, 6 no; Freehold Borough, 80 yes, 82 no; Freehold Township, 57 yes, 17 no; Howell Township, 98 yes, 83 no; Manalapan, 72 yes, 75 no, and Marlboro, 187 yes 152, no. Board members noted that the turnout of voters was small.

There are estimated to be 16,000 registered voters in the seven municipalities. Judge Joe B. Brown because the prosecution and defense said they needed more time. New Information Fresh information came to light, meanwhile, about Lee H. Oswald, the 24-year-old Marxist charged with the Kennedy assassination, and Ruby, 52, a Dallas night spot owner who gunned down Oswald before national television viewers just two days later.

In Washington, a former Marine Corps lieutenant" in whose unit Oswald served for a time, John E. Donovan, said Oswalds military discharge and departure for Russia in 1959 caused a stir. That compromised all our secret- radio frequencies, call signs and authentication codes, said Donovan, now a physics teacher in a i vate school. He knew the location of every unit on the West Coast and the radar capability of every installation. We had to spend thousands of tnan-hours chang ing Dozen Questions It was learned in Dallas that the Internal Revenue Service is trying to collect $20,880 from Ruby through four liens filed with the county clerk.

The gov-(See DISCLOSE, Page 2) Community College Study Scheduled FREEHOLD A 10-member committee to serve with Monmouth County Superintendent of Schools Earl S. Garrison surveying needs for a two-year Monmouth community college was appointed yesterday. The Board of Freeholders announced the committee selections and acceptance of appointments. The 10 are: Miss Theodora Apostolacus, guidance director of Long Branch High School; Dr. Harry S.

Hill, superintendent of Asbury Park schools; Dr. Alton Lewis, county school psychologist; Stanley Orr, a member of the county Planning Board; M. Harold Kelly, general manager of The Red Bank Register; Clifton T. Barka-low, an assemblyman and assistant county counsel. George Farrell, a consultant with the state Department of Education; Theodore L.

Nitka, director of the county Vocational and Technical Board of Education; Dr. William Van Note, president of Monmouth College; and Dr. John Kinney, superintendent, Rumson schools. (See COLLEGE, Page 2) memorandum containing both rulings and allied data. He expressed the opinion that Mr.

Loder was not entitled to the back pay because he had failed to make formal application for it within 30 days after the Civil Service Commission issued its decision last summer. The attorney said the fact that the borough appealed the ruling had no effect on the pay question. Mr. Ostrov said he has checked state laws and other court cases on the question and is convinced Mr. Loder is not entitled to the pay because of the 30-day time limit.

Mr. Ostrov said he has now discovered new evidence involving the patrolmans case and that he plant to present his findings once again to the Grand Jury. Gather Data He said he is in the process of compiling the data. The patrolman was charged with a variety of charges involving alleged failure to keep proper records and allegedly obtaining money under false pretenses. He also faced another set of (See REQUEST, Page 2) KEANSBURG Borough Council received but took no immediate action last night on a request by Patrolman Frederick Loder for payment of a year-and-a-half in back salary.

The patrolman was suspended in January, 1962, on charges of misconduct. He was found guilty of the charges and suspended for three years. The Civil Service Commission, last summer, ruled the three-year suspension was illegal on grounds its regulations require a man be either suspended for a maximum of six months or fired. The commission ordered him restored to duty as of July 1962. The borough appealed the commission ruling on the length of the suspension to the Appellate Division of Superior Court.

Last week, the court upheld the commissions ruling. Pay Questioned Meanwhile, the question of the validity of the verdict itself and the six-month suspension is still pending before the commission. George E. Ostrov, borough attorney, informed the council that he would send each member a Red Hill Rd. Zojie Request Turned Down HOLMDEL A request by William H.

Potter for a zoning change on Red Hill near the Garden State Parkway, was turned down last night by the Planning Board. Mr. Potter, who owns a garden supply store on the Middletown portion of Red Hill said construction of Parkway Exit 114, was altering the roads character. Instead of the present residential zone, Mr. Potter wanted a 100-foot-deep commercial zone to extend along the north side of the road from the exit east to Van Schoick Rd.

In refusing to take action on Mr. Potters request, the board cited the report of the township planner, O. Wayne Noble, who said there was no indication that the new exit is changing the characteristic of the area. Today's Index Page 6 15 2 6 Amusements Births Jim Bishop Bridge Holly Fair First Methodist Church, Red Bank. 7 December, 1963.

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