The Tribune from Scranton, Pennsylvania • 3

a. -it i 1'- i -i i 1 1 1 1 I I ii Tlie Scranton Tribune Friday, Feb. 7, 19643 Iisue Raised in Seeking Remodeling Permit ractor aw sician 'V i' BY GORDON WILLIAMS Is a chiropractor a physician? The citys Law Department has ruled he is not and thus cannot be classified as such in opening an office in an A or residential zone. This perplexing question may be resolved next Thursday morning when the Board of Zoning Appeals takes the case of Dr. Peter Shorten, 2349 Adams who wants to remodel a dwelling Court ruling in the case of Long vs.

Metzger and the State Board of Medical Education (301 Pa. 449). This ruiling has not been reversed or qualified, McGlone points out. He said that the "practice bi chiropractic is comprehended in the term of practicing medicine and covers anything which by common understanding is included in the healing art. ropractor has the same label as a physician in that he is a practitioner of the healing arts.

McGlone has further strengthened his claim through ruling of the Supreme Court The lawyer explained that the basis for the refusal stems from Article 11, Section 6(a) of the Zoning Ordinance which permits the following as accessory uses in A Zones: "offices for physicians, surgeon, dentist, archi tects and engineers. There is some doubt, McGlone has explained, that chiropractors come within the classification of physicians. Nowhere in the zoning ordinance are chiropractors specifically referred to as a separte classification of physicians, the lawyer further explained. McGlone said his client, Dr. Shorten, is entitled to the per-' mit on the basis of the Supremo Fitterer informed Dr.

Shorten and his wife, who said they planned to spend $4,000 fixing up the place. Dr. Shorten hired Atty. Paul McGlone and an appeal was arranged. The hearing is set for next Thursday nuyning at City Hall before the zoning board which comprises Joseph A.

Kane, chairpian, and Thomas Jones and Sam Land. Attorney McGlone said a chl- at 1528 Wyoming and have offices in the front of the ground floor. Dr. Shorten and his wife, Ann Marie Shorten, found out there was trouble brewing when they asked for a permit to remodel the Wyoming Avenue residence. Joseph Fitterer, superintendent of building inspection, took the matter to the citys Law Department.

The solicitors there ruled the permit be denied. Shorten sought, the permit to remodel the dwelling for his oifices and residence and was turned down. Chairman Kane of the Appeal Board calls the "an interesting one." Thomas Jones, another member, said he will make an on-the-spot check of the property in question some time Monday with Superintendent of Inspection Fitterer. The dictionary says that chiropractic is "a system or the practice of adjusting the joints, especially of the spine by hand for the curing of disease." McGlone said that his is a duly licensed doctor of chiropractory and that it comes within the purview of the term He says therefore the permit to open an office should be given. It was about a month ago that State Board Overrule Former Member of Congress Stricken Fatally on Puerto Rico acation Col.

L. H. Watres, 82, World War Hero, Dies North Scranton Bank Denied Move to Open Throop Branch t-i By J. HAROLD BRISLIN Overruling (he Department of Banking, the Banking Board of Pennsylvania has denied the North Soranton Bank Trust Co. permission to open a branch bank in Throop on the ground the in- Hints He Will Still Press Mayor Claims Report On Confab Distorted Assailing the "obvious distortions in the so-called afternoon newspaper, Mayor William T.

Schmidt Thursday strongly hinted that his pursuit of an investigation of alleged illegal acts in the county assessors office cant be blocked by any anticipated denial of a grand jury probe by the district attorneys office. He advanced angry comment after leahting of a report carried in the market edition of The limes under a headline stating "Mayor had no personal evidence to back allegations, Needle says" and presenting what he termed an obvious distortion of a conference held with Assistant District Atty. Ralph R. Needle. Committees Listed for Annual Event St.

Davids Day Dinner To Be Held on Feb. 29 Units Inn by SRA more than $1 million to Scrantons cleared Friday by the Scranton chairman, reported that the new four-story the westerly side of the 300 block is across the street from the 148-unit completed at a cost of more than $2 million. five other banks and led to the Banking Board taking jurisdiction and conducting hearings. Banks which protested and presented testimony and arguments before the board are: National Bank of Olyphant, Fidelity De- Office The mayor said either the reporter deliberately distorted the facts or Attorney Needle sup plied information which was misleading and without founda tion. Mayor Schmidt flatly asserted Attorney Needle never raised the point about "no personal knowledge" during the conference but appeared most con cerned that the city might be holding back "additional infor mation which fnlght refute his report and recommendations dealing with a requested probe of the County Board of Assess ment office.

Mayor Schmidt said Assistant City Solicitor Robert T. Gown ley bluntly told Attorney Needle i the conference that "there had to be a conspiracy here referring to the man ner in which two parcels of land owned by former Assessors Board Chairman Robert E. Nolan were carried as tax exempt on the records for years. Further, Mayor Schmidt said he and Gownley' agreed after leaving Needle that "Our next step in this matter will depend upon hs (Needles) next step While refusing to elaborate on the "next step remark, Mayor Schmidt emphasized; "This will not be dropped. Obviously anticipating the Needle report will turn thumbs down on a grand jury probe, Mayor Schmidt said it was un wise to discuss details of his next step.

However, a request to the De partment of Justice. to intervene appeared to be (he most log! cal "next' step in the event District AtW. Joseph J. Cimino on the basis of Needles forth coming report, rules there is no basis for a grand jury Investigation. Attorney Gownley concurred in Mayor Schmidts statements including pointing out that "this isnt a matter of personal knowledge by the mayor This deals.

with Records. Nobody saw him (Nolan) do it re ferring to the listing of the two parcels of land as exempt from assessment and taxation. The assistant city solicitor added that the other two members of the former Board of Assessment, Dunmore Mayor Martin Monahan and former (Please Turn to Page 15) Death at 1 a.m. Thursday in Puerto Rico, where he was vacationing, ended the distinguished career of Laurence H. Watres, 82, decorated soldier, lawyer, business and civic leader and former member of Congress from Lackawanna County.

Colonel Watres, a son of the late Col. L. A. Watres who was once lieutenant governor of Pennsylvania and publisher of The Scranton Republican (now The Scranton Tribune), had resided at 373 William East Orange, N.J., in recent years but was a frequent visitor to Scranton. He served in Congress from 1923 to 1931, voluntarily relinquishing his seat, and was active in the management of The Republican during the years prior to its sale in 1934 by the Watres family to Frank Schroth.

Colonel Watres, born July 18, 1882, left for Puerto Rico last Jan. 21 stopping en route in Florida to visit his nephew, Arthur Watres, and sister-dn-law, Mrs. Reybum Watres, both of Lake Ariel RD 1. According to Mrs. Cole Price, 1727 N.

Washington a relative, he paid his last visit to Scranton shortly after last Christmas. Colonel Watres, a native of Scranton, never married. He made his home with his late parents at the spacious Watres Estate "Pen-Y-Bryn" along the Elmhurst Boulevard until It was destroyed by fire and later lived in quarters on the estate converted from what had been his late fathers office. According to word received from Puerto Rico by Colonel Watres niece, Mrs. Richard J.

Will, Lawrenceville, N.J., her uncles body was found slumped over a desk in his hotel room near the Inter-American University at San German. Apparently Colonel Watres had been reading his Bible at the desk, since the holy book was found near the body. Mrs. Will said she was informed her uncle had appeared to be in good health for his age" since arriving in Puerto Rico, including a period spent visiting friends, Mr. and Mrs.

Jack Reynolds, on the, island. He was awarded the Distinguished Service Cross on the battlefield for meritorious serv-ioe on the Western Front during World War I and was wounded at the Battle of the Vesle River. Colonel Watres he held the rank of lieutenant colonel at the conclusion of his military career was captain of Company 109th Infantry and later captain of Company 108th Machine Gun Battalion, 28th Division. Active in the Pennsylvania National Guard from 1907 to 1928, Colonel Watres joined the old 13th Regiment as a private and won promotion from the ranks. Despite the demands of his congressional duties and varied business interests, Colonel Watres gave freely 'of his time and talents to youth as was recognized in 1952 when he was presented with the Silver Beaver Award of the National Boy Scouts, highest honor which the organization could make to an adult for his work with boys.

He was i of Dan Beard Council, Boy Scouts, in 1949 and 1959 following in the tradition of his father who was first president of the Scranton Boy Scout Council when it was organized in 1916. His devotion to boyhood was further illustrated by many years of work with the DeMolay, youth organization affiliated with the Masons. He was grand master of the Grand Order of DeMolay in Pennsylvania. He was a trustee and president of the Community Welfare Association of Scranton and Dunmore forerunner of the present Lackawanna United Fund and formerly was a director of the First National Bank, now the Northeastern I (Please Turn to Page 15) 92 More At Holiday Cleared A 92-unit addition costing downtown Holiday Motof Inn was Redevelopment Authority. Robert J.

Arthur, SRA addition will be erected on of Franklin Avenue. The location inn which was recently Atty. Stanley M. Evans funeral Monday 0 Stanley Evans, Attorney, Dies Atty. Stanley M.

Evans, 76, 208 Lackawanna piyphant, a practicing attorney in Lackawanna County, died Thursday at home after an illness. Bom in Olyphant, son of the late John and Ann Davis Evans, he was a graduate of Olyphant High School, Mansfield State Teachers College in ,1910 and Dickinson Law School in 1913. Attorney Evans was a member of the Lackawanna County Bar Association and the Federal and Superior Courts. He had practiced in Lackawanna County for 41 (Please Turn to Page 15) Department Decision stltution failed to establish by competent evidence that there is a need for such a facility. The Department of Banking approval of the branch bank, scheduled to be located at 224 Dunmore Throop, brought protests from for Probe of Assessor Donald Y.

Nicholas announces committees Three Injured; 2 Cars Crash Three persons received minor injuries in' the collision of two automobiles in the 1700 block of N. Keyser Avenue early Thursday night. Charles R. Donacihie, 26, $26 Madison received a bump on his forehead; and his son, Gharles 3, an abrasion of his left cheek and a bump on the right side of the head. Harry Witushynsky, 48, West Mountain Road, driver of the other car, was cut on his nose.

All three were treated at State Hospital and discharged. DR. SCULLY TO SPEAK Scfarrton Chapter, National Association for the Advancement of Colored People, will hear Dr. Timothy Scully, professor of history and political science at the University of Scranton, discuss the civil rights at its 'public meeting Saturday at 8 p.m. in the Progressive Center, 414 Olive St.

If VJv fa wf I I Col. Laurence H. Watres distinguished career The SRA selected the Holiday group from a field of three possible redevelopers, Arthur said. The other groups, both interested in erecting office buildings, were the William Rosenstein Sons and Eagle Properties, both locally based investment firms. The SRA set a fixed price of $1.30 a square foot or $58,650 for the 45,148 square foot tract to all potential developers.

The area now substantially cleared of old buildings fronts for 224 feet on Franklin Avenue and it is 177 feet deep bordering on Hallstead Court. A 50-foot front on Mulberry Street running 110 feet to the larger tract is also included. Chairman Arthur called the willingness of Holiday to expand the facility here is a most healthy sign Of downtown re juvenation. In fact, he pointed out that practically all of the more than 30 acres of recovered land in the Central City urban renewal project is spoken for. George Thomas, local manager for Holiday which is a franchised operation of the Central Atlantic Jacksonville, was most enthusiastic about the firms selection as developer of the new, site.

We scouted Scranton many months before we decided to build here. Our calculations were very cold but we believed that we came up with something very hot here, Thomas said. "Since our room opening in September, our greatest speculative expectations were outstripped. Our facility is con- (Please Turn to Page 15) posit Discount, Dunmore; First National Bank of Dunmore, Fifst National Bank of Dickson City and Green Ridge Bank. Findings of fact by the board included the observation: At the present time neither population growth nor commercial or industrial development indicate that a substantial volume of new banking business Is being generated within the service area of the proposed branch.

The branch, in order to be a profitable operation, would therefore have to depend upon customers who are presently using existing banking facilities." In that connection the board pointed out the five protesting banks have, in addition to Christmas Club accounts, 1,174 savings accounts with Throop residents agregating demand deposits with 436 Throop resident totaling mortgage loans with 176 such residents with balances of $666,272, and other loans with 343 Throop residents totaling $184,097. The North Scranton Bank, it was further noted, has a total of $107,815.97 in savings deposits; $18,636.87 in demand deposits and $57,318.76 in loans "originating in the proposed service area. The board in reversing the approval by the Department of Banking emphasized "there are five banking offices within a radius of 2'4 miles of the proposed branch location" with many of the people who reside within the proposed trading area of the North Scranton branch actually being located closer to existing banks than to 224 Dunmore Throop. It also was stressed that "commercial activity within the Borough of Throop Is limited to a few, small Individual proprietorships. Residents of the borough must go elsewhere to serve a substantial portion of their shopping needs.

The fact that Throop, which ha." no bank of its own, also js without a post office was cited. One portion of Throop is serveiid through the Olyphant Post Office and other sections from the post office In Dickson City and Dunmore. Throops downward trend in population from 7,382 In 1940 to 4,732 in the I960 census also was mentioned along with the fact the proposed trading area for the North Scranton Bank branch has dropped in population from 11,700 -in 1940 to 9,000 In 1960. Location of Keystone Industrial Park, a 330-acre tract capable of providing for a dozen or more major industrial' plants, in Throop and Dunmore was given full consideration by the board without changing the position that Throop doesn't need the branch bank. Pointing out the Trane.

Co. Is the only new industry functioning at the park, the board commented: "It is doubtful that many of the employes ot Trane will move to Throop or the service area of the proposed branch who are not already residents therein. Other new facilities along the O'Neill Highway between Dunmore and Throop including the district -office of the Department of Highways and the Associated Trans-' (Please Turn to Page 15) SZNYTER WILL FILED Mary K. Sznyter, late of Old Forge, left her $500 in personal property to her husband, Walter, according to her will filed for probate Thursday. AN TON February 7th thru 13th SALUTES THE BOY SCOUTS Jury Unable To Agree in Car Fatality Mistrial Ordered For Biedrzycki After Deadlock After 34 hours of deliberation, a Criminal Court jury failed lo agree on a verdict and was discharged Thursday in the case in which Edward Biedrzycki, 39, 303 Oleckna Throop, who was charged with involuntary manslaughter and operating a motor vehicle while under the influence of intoxicants.

Orphans Court Judge John J. Sirotnak, specially presiding, declared a mistrial after the jurors reported for the second time that they were hopelessly deadlocked. The case was given to them at 2:38 p.m. At 4:25 p.m. word was sent to court of the deadlock.

Judge Sirotnak sent the jurors back to make another attempt to reach a verdict. When they sent word with Tipstaff Herbert Scha.ik again at 5: 50 p.m. that they could not agree, Judge Sirotnak said he had no other alternative but to discharge them. He released the defendant in custody of his lawyers, Attys. Ed ward Reilly and Leona Lenczycka with the understanding that $3,500 bail will be renewed today.

The case will go over to the next term of Criminal Court. Biedrzycki was at the wheel of a car Dec. 24, 1962 which figured in a headon crash with a car operated by the crash victim, Anthony J. Cimino, 61, 232 Oak Old Forge, on a straight stretch of road in Old Forge. Mr.

Cimino, a brother of District Atty. Joseph J. Cimino, died Jan. 1, 1963 in Scranton State Hospital. The commonwealth charged that Mr.

Cimino died of peritonitis caused by internal injuries incurred in the accident. Police testimony held that Biedrzycki staggered and had an odor of alcohol after the accident. Biedrzycki admitted having con sumed part of two pony bottles of beer while at a Christmas party of employes of Gar-Let Manufacturing Co. for which he is employed. He denied he was intoxicated.

Lamont for the defense, testified that he saw Biedrzycki as he left the party and that he was not under the influence of alcoholic beverages. The defense offered testimony Jiat there was escaping fluid from a broken car radiator in the accident which may have brought the alcohol odor. Dr. Alexander M. Munchak, who attended him, said there was no odor of alcohoi.

Dr. Munchak testified that tests "highly suggested that the accident victim may have suffered an-epileptic seizure at the time of the crash. The physician said his medical record shows he suffered what may have been an attack of epilepsy while a prisoner of War in Germany in 1945 during World War II. ile said he was unable to state definitely that he was an epileptic. There were no witnesses to the accident except the car occupants.

Biedrzycki was alone at the time. Mr. Cimino was accompanied by his wife, Mary, who suffered a concussion and said she could remember little about the accident. Biedrzycki also was hurt. The defense did not recall Dr.

Herbert MoDonald who was called by the commonwealth and testified at the opening of the trial Wednesday. He said it was his opinion that Mr. Cimino died of peritonitis from a perforated intestine incurred in the accident First Assistant District Atty. James E. OBrien was for the commonwealth.

Scouts Take Over Offices in Eagle Scouts from Scranton will "control city government today. Each year the scouts arrive at City Hall to1 direct, the affairs of Scranton for one day as part of their citizenship training program. Nineteen scouts will take office, including Robert Wilson, son of Mr. and Mrs. George H.

Wilson, 1122 Bryn Mawr who will serve as mayor. Wilson is a member of Trobp 11, Hyde Park Presbyterian Church. Ambulance Cases Mrs; Minnie Meyers, 66, 1038 Taylor a medical patient, was taken to Moses Taylor Hospital at 4 p.m. Thursday in the Fire Bureau ambulance, operated by Capt. Arthur Height-man and Aidman Gene Foley.

Others aided were: John Sullivan, 97, Mountain Rest Home, Mercy Hospital; Joseph Moser, 80, 725 Willow St. Marys Hospital; Edward Martin, 42, 1427 Olive St Medical Center West. The annual St. David's Day dinner will be held Feb. 29, at 7 p.m.

in Hotel Casey. Robert Williams has been named chairman of the banquet committee with John Reynolds as honorary chairman. President Donald Y. Nicholas has announced the dinner committee as follows: Dinner, Spen cer Davies, Edgar Jones, David E. Samual and A.

E. Watkins; speakers, Atty. William Morgan, chairman, Willis W. Jones, Atty. Gomer Morgan, Judge Otto P.

Robinson, Richard J. Lewis, Dr. William? M. Howell and Albert G. Issacs; music, Dr.

Alan Davis, chairman, John T. Evans, Dr. C. H. Jones, William W.

Jones, Russell Ohoro, Dr. J. Norman White and Dr. M. M.

Williams. Also, publicity, Willis W. Jones, chairman Curil Lewis' and A. W. Thomas; awards, David R.

Brooks, chairman, Atty. W. J. Oliver, T. Scranton Williams; reservations and invitations, William Pentecost, chairman, Dr.

John Lohmann, Dr. James Morgan, Walter Davies, John M. Davis, Dr. T. Russell Evans, Roy James and Basil Jones; membership, H.

Milton Hughes. Iacono Merits ROTC Hoaor Ralph M. Iacono, 2005 Smith Place, a cadet in the Reserve Officers Training Corps at Drexel Institute of Technology, Philadelphia, has been designated a distinguished military student. He received the award accompanying the designation from Dr. LeRoy Brothers, dean of the College of Engineering.

The award is based on both military and academic achievement and on demonstrated qualities of leadership, character and officer potential. A senior, Iacono will be commissioned a second lieutenant in the army reserve upon graduation. sus I OF SCR I iz 3 vl VL -If- (36 Si Congratulations to the Boy Scouts of America it is with special pride that we salute this great organization 'on its 54th Anniversary! PSEA DISCUSSES SALARY IMPROVEMENT Lackawanna County Branch, Pennsylvania State Educational Association, met with Dr. David the state organizations research director from Harrisburg, at a dinner Thursday night in the Castle Restaurant to disquss preparation of bids for salary improvement, Left to right are: Seated, William E. Zeiss, branch president, and Dr.

Stafford, and, rear row, Marion S. Robling, president of Scranton PSEA chapter; Dr. Peter Mensky, assistant Lackawanna County superintendent eLichooIs, aijd Terry Knoetgen, secretary-treasurer of the 'Lackawanna County unit. LEGIONNAIRES HONOR PASTOR Koch-Coniey American Legion Post 121 on Thursday night honored Rev. Dr.

William D. Golightljr, retired pastor of Immanuel Baptjst Church and former post and state chaplain, with a dinner in the post home. Left to right at the start of festivities are: Front row, Rev. Carl Cummings, Rev. Dr.

Golightly, Cmdr. PauTF. Crowley and Atty. James J. Walsh, toastmaster, and, rear row, James J.

McGee, pastJommander and general chairman; Pat district commander; Joseph Bonin, past commander; Harry K. Stinger, past national executive committeeman from Philalelphia, and Ben Belasld, finance officer. i Scranton's Only Boy Scout Headquarters i I r-: i.