St. Louis Globe-Democrat from St. Louis, Missouri • 5

Et Cobr-litmorrat Ruling Bars 'City Road in Tower Grove County Bar Head Defends Judges' Work tto Ntirr Vif Baer I IDOWNIOWSWE8TROADS1111En ROAD. 1:110 'L it 0 Must Keep Land For Park Purposes, Judge Scott Says 1 Need 20, Not 10 On Bench, Carter 1 Replies to Parker W1915 Aug. 3-4 1963 The city has no right to construct a depressed highway through Tower Grove Park, Circuit Judge Michael J. Scott ruled Friday. The ruling was on the City's suit for a leclaratory judgment seeking the right to build the highway.

Testimony in the case was heard last December. City Counselor Thomas J. il 4, v-ir "-1r14 4 ,4 7.,. -1 .4 Neenan said he will file a motion -1 ..06,4 ft rks ,.,4,, I -4, 4 ,..4 for a new trial in the case. rt- ---ir ,1 A 'I, ,1,15,,,, 1 ,7,14, 4 4,4 SHAW'S PROVISO ''f'" -4 i Judge Scott pointed out that 41 ..1 71 the late Henry Shaw gave the s'' 0 I land to the city on the provision OPENING- FAMOUS-BARR'S SOUTH COUNTY STORE Winct Sfeven with County Supervisor Lawrence K.

Roos-bethat ''no part of the park area are Boy Scout Steven G. Johannes and Girl Scout Marcy tween him and store manager Harvey Shapiro. At right are hould ever he'used for any-Noll. Stanley Goodman, president of the company, is be- Cardinal baseball stars Dick Groat and Ken Boyer (far right). thing but park purposes." --Globe-Democrat Photo "I do not believe that any one I can say that the use of a high- depressed or otherwise, for ewer Famous-Barr commercial vehicles including Opens 2 Die in Crash trucks is use of land for a park purpose," the Judge stated.

Noting that the c.ity had cited claim Jobless South County Store Of light, Plane a previous case in IA Filch the Sunreme Court decided that a Supremt Court decided that a .4, 4 4 4prik ,:4 's. 4 I A .1.,......... I 1144.104e4444444 444' 4 tle; 40Y 4." I Yt, 44, 4. Apr A sharp rebuttal to County Co unselor Norman Parker's charges on the lack of work by some circuit court judges came Friday froni Lee M. Carter, president of the County Bar Association.

He said that on the basis of population the number of judgesin St. Louis County should he 20, not 10. "Recent comments stating that the congested conditions in the circuit court of St. Louis county- is due to the lack of diligence on the part of some of the judges in the performance of their duties is not true," Mr. Carter declared.

NEED MORE WORK Counselor Parker told the Airport Legislative Club Thursday that more work, from some 'of the judges, rather than more judges, would help tci cut down the backlog. "We have some fine and hard-working judges," 'Mr. Parker said, "but some aren't." He did not mention any names. The number of cases handled per judge in St. Louis county is among the highest of the 42 circuits in the state, Mr.

Carter pointed out. The Bar Association official continued: "New litigation haS been increasing rapidly. In the year ending June 15, 1962, a total of 6431 cases were filed and 5691 were disposed of. In the year ending last June 15, a total of, 7098 cases were filed and 7074 disposed of. This does not include criminal, juvenile or tax 1 41-11, J.

ob 41,4 le a 1 1 compens fon 1 Fewer persons in St. Louis and St. Louis county asked to be put- on unemployment payment rolls this week than last week or the comparable week a year the Missouri Division of Em- ployment Security said Friday. Initial claims for the week that ended Friday totaled 1789. down 253 from the preceding 1 1 p.

at pePe- SELLC .1 undreds of -eager and curious shoppers poured into Famous th -1 Barr's new South County store in wake of opening ceremonies I ot Vrit-Int, A 011U Barr's new Smith County store in a noon Friday. ALL A AL the wake of opening ceremonies raniumCherck Low at Facilities ik 1 I 11 Of ranium Check )1k at Facilities 11 III Ii Toreo's St. Louis Park band pro- vided lively music as a background for the enthusiastic observations of the crowd which gathered early behind a garland of yellow, orange, and bronze pompom chrysanthemums, tied in the center with a ellow ribbon. 1 I It I New chrome drip pans whisk clean in seconds, cook faster gt! ei Rockford ILL. (R).

persons, one a member of a nationally-known stunt-flying family, l'ivere killed late Friday in the crash of a light plane in a farm eight miles south of Rockford. Roily G. Cole, 23, of Ft. Wayne, the pilot, died when his Stearman loi-plan crashed as he practiced stunts for the annual fly-in of the Experimental Aircraft Association at Greater Rockford Airport. A passenger, Meivin H.

Stick; ney, 39, of Emerson, N. also 1 was killed. He was identified by a card in his wallet as a flight inAtructor for -Pan American World The cause of the accident was not immediately determined. Glenn Lister, ll, Rockford, who was visiting the Donald Wetzel farm, where the crash occurred, said, "I saw him Lome theea wing fell "I could hear his engine when he was falling." Mr. Lister said, but Isdidn't her him hit." Other witnesses also said one wing folded back before the plane-touched ground.

Planetarium If bought separately ir pan 6" pan Set of 3, one 8 and two 6" pans Reflects heat Woret Beautify Nour electric range uith chrome pans! They reflect more heat for faster, more efficient cooking. State make of range when ordering. Unconditionally gtiaranteed againt defects for one lean Mail, phone CE 19410. Housewares Downtown; Fourth, -Westroads; Third, Ril er Roads. In the central mall, Laurent Miss Marcy Noll, 11, a Girl I Scout; and -Steven G.

Jo13rines, also 11, a Boy Scout, pulled the ends of the ribbon at high, and with only a slight assist from Stanley Goodman, Famous- I Barr president and general manager, the garland parted to.ad- mit the eager customers. Marcy is the daughter of Mr. and Wayne. A. Noll, 721 Hubert Lemay.

-Steven's parents are Mr. and Mrs. E. Ghent Johannes, 3510 Pin Mak' Mehlville. The new Famous-Barr store, it -Lindbergh boulevard and Lemay Ferry road, is the central feature and the first store to open in what is to be the $10,000,000 South County Shopping a develop ment of the May Stores Shop ping Centers, Inc.

Also participating in the (Tening ceremonies were County Supervisor Lawrence K. South County store manager Harvey Shapiro. and Cardinal baseball stars Ken Boyer and i .13,) CI CUMI Dick inGroatstar of the Muny Operas as well as Charles Korv, "The King and The central mall entrance where the ceremonies took place opens from the Shopping Mall into arotunda that forms the focal point of the mall entrance. On either side of this entrance' are rock garden settings ornamented with graceful fountains and exotic shrubbery. These gardens, as well as others- in the shopping were designed and installed by landscape designer and architect John T.

Ratekin of Los Angeles. The Famous-Barr South Coun- ty store is the organization's fifth store in the St. Louis area. I I 1 1 live On top Of it all at st THE DORCHESTER. week, 85 under the comparable 71 11 2 2 2 2 2 2 2 1 2 114 week in 1962, and the lowest for any -Comparable since Average concentra1959; when the total was 1739.

tions around three facilities of Continued claims. also the Mallinckmdt Chemical Works totaled 8836 for the week, le i uranium division remained well below the preceding week, 690 lbelow maximum permissible under the comparable week a amounts during the first six year ago, and-, the -lowest for i months of according to a any comparable week since report released by the United 1957, when the figure was 8292. 'States Atomic. Energy Commis-- "Claims for unemployment in- Sion. surance have remained fairly 1 Tests were made regularly in stead- during the month of July air and water around the Weldon and at a relatively level Springs plant, the AEC four compared with recent years," miles south of the plant, and the said Charles DeLargy, division storage site just north of Lam-area manger.

bert-St. Louis airport. -3 The largest average concen- Less Pessimism, tration found was in the More Faith Urged around the per cent of the maximum permissible. The FORT MONROE, LP. average was up frorrit4.7 per "If we had less pessimism in the cent in the first half of 1962 and pulpits and more 'faith in the 3.9 per cent in the last -six pews, the chuah would advance months of 1962.

1 faster," Methodist Bishop Concentrations in the- process Angie Smith, of Oklahoma City, sewer carrying waste water from told a meeting here. the plant- to the Missouri river averaged 4.3 per cent, as corn-Commissioners, said the pared with 2.4 per cent in thA, ruling is "very gratifying." last half of 1962 and 1.3 per cent "Aside from the purely legal in the first half of 1962. question, chichi think the court Perimeter air around the air-decided correctly." Mr. Bedal 1 port storage site showed average said. it is refreshing to find a 1 concentrations 3.9 per cent of decision that will block making 1 .4, the maximum permissible level the automobile paramount set by government regulation.

influence in modern lifethat I everything has to give way to Air around the quarry showed I the auto." an average of 1.3 per cent of the I He added that he "happy to l.uranium considered permissible. is see open space and recreation 1 Other all taken in for city residents take prece- i water, showed concentrations bedence" over the auto for once- 1 low 1 per cent of permissible and that he hopes trend will be continued." Most of the wastes at the RULES ON POLNT plant are kept permanently in Ruling on a point raised by an storage facilities on thi site. The intervenor in the case, Paul W. water in tly.e process Preisler, attorney Washing- 1 sewer is sampled daily. ton University biochemist.

fudge Scott denied his contention that AA to Hold Public the city did not have a legal cause of action in-its, suit. Meeting Sunday The Judge said that "a real controversy as to wheth- A public meeting of Alcoholics er or not the park would revert Anonymous will be held Sunday to Missouri' Botanical Garden at 8: 30 p.m. in the basement following construction of a high- auditorium of St. Anthony's Hosway through the park and that 3520 Chippewa -st. the question "is now ripe for I Admission is free and parking judicial construction by a de- space is available behind St.

Anclaratory judgment." thony's Hospital. ..) any -Comparable since 1959; when the total was 1132. Continued claims, also down, totaled 8896 for the' week, 26 below the preceding week, 690 under the comparable week a year ago, and-, the -lowest for any comparable week since '1957, when the figure was 8292. 'Claims for unemployment insurance have remained fairly stead- during the month of July and at a relatively -level compared with recent years," said Charles DeLargy, division area Commissioners, said the is "very gratifying." "Aside from the purely legal question, chichi think the court decided correctly." M. Bedal said.

''it is refreshing to find a decision tliat will block making the automobile the paramount influence in modern lifethat everything has to give way to the auto." He added that he is "happy to see open space and recreation for city residents take precedence" over the auto for once and that he hopes trend will be continued." RULES ON POLNT Ruling on a point raised by an intervenor in the case, Paul W. Preisler, attorney ad Washington University biochemist. fudge Scott denied his contention that the city did not have a legal cause of action in-its suit. The Judge said that "a real controversy as to whether or not the park would revert to Missouri Botanical Garden following construction of a highway through the park and that the question now ripe for judicial construction I by a claratory judgment." Its 100 000th Visitor The Planetarium in Forest Park had its 100.000th visitor Fridaya 9-year-old boy who thinks he might like to be an astronomer when he grows The youngster, Patrick Lae', of 6848 Frostview Berke-1 demonstrates I ight pressure. ley, arrived at the Planetarium Asked if he would like to be an with his sister and two friends astronoiner, Patrick replied: at 2:55 p.m.

and was liurprised 1 "After. today, think so." to be singled to I Then he went on into the pro-go through the turnstile jection chamber to watch, the Charles A. Schweighauser, show and stayed to hear the lecPlanetarium director, said the ture afterwards by the National boy was presented several books Aeronautics and Space Adminisand radiometer, a device that tration. portion of Forest Park could be 1 taken to widen the Express High- I IVAV Scott said: taken to widen the Express Highway, Judge Scott said: PURCHASED PARK "However, the Supreme Court in that case referred to the fact that Forest Park had been acquired by purchase by the city of St. Louis and plainly states that the decision is influenced by the fact that the city purchased Forest Park with its own money." The increase of traffic on city streets cannot' "affect or override the conditions and proyisions of the will of Henry Shaw and the deed whereby he donated this to 4 the city, the ruling added.

The fact-that there were neither autos; traffic con, gestion nor highways In the days of Henry Shaw is not material In the case, the judge said. "I.t may be convenient for traf- 1 fic to have a roadway through Tower Grove Park," he stated, "lout r. Shiw in his Will and deed did. not refer to convenience, but -did -expressly -provide that no part of the -park area should ever be used for anything but park purposes." LAND WILL REVERT If the city does build a highway through the park, the entire Tower Grove Park area will revert to the Missouri Botanical (Shaw's) Garden, under another provision of the Judge Scott added. William S.

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Sales Offices on premises. PA I BISI 665 Skinker Boulevard Monagme towed, Sibort Sacks Slunk, a Sub luthrir of TISHMAN REALTY CONSTRUCTION 04C. owneni end Iludddrs wee 189S s. cases. "During this two years, there has been no increase in the number of judges, which remains at .10.

POPULATION UP "The serious backlog of litigation is due to the enormous population increase and the resulting increase iq litigation. Louis county has practically doubled in population in the last 10 years, and now has a population of approximately 800,000. The section of judicial administration of the American I Bar Association has estimated that there is a need for one I judge of general jurisdiction for each 40,000 population. On this basis, St. Louis county should have 20 judges.

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