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Show Sunday, January 12, 1947 Civil Seryice Body Requests Cla rif icqtion. Of Powers As Result Of Appeals To Courts SUNDAY HERALD! Mftrvfrm Ct.ir.7at Russian Bid For Contending that city and state! law gives them the power of ii nal decision without appeal, the Provo civil service commission has asked"' for: a "clarification' :of its powers", concerning city employes, em-ployes, and Mayor. Mark' Anderson Ander-son has issued a statement that he believes such a clarification is necessary. v There have been at least ; two cases, one recently and another - several years ago, in which a decision de-cision of the civil seWice ' board concerning a Provo city employe has been appealed to the courts and accepted by the latter, for hearing or trial. The, most re-? -cent is the case of, George Erk- . man, discharged by the; Chief of Police for cause and. then the case appealed to the district court after the chiefs action had been upheld by the civil service board. The Erkman case 'was taken before the district court on a writ of certiorari, legal term for a review re-view of the record in the case This case was accepted for hearing by District Judge Jo- .. seph E. Nelson, but the hear-In? hear-In? has not yet been held and the case has not been disposed of one way or another. Judge Nelson recently denied the civil service board's motion to strike certain portions of Erfr man's petition and overruled the commissions general demurrer. The commission, named as defendant de-fendant in the case, was given 15 additional days by Judge Nelson to answer Erkman's petition, after which the case will proceed pro-ceed by regular legal steps to its hearing before the district court. The other case which has gone to the courts after a civil service serv-ice decision was that of Scott Thompson, in which the former Provo fire chief won a supreme court reversal of the decision with back pay during the time it -was being decided, i In a recent meeting with Mayor Anderson, the civil service board asked permission permis-sion to consult with the state' leading authority on civil service - law in an attempt at-tempt to secure a "clarification" "clarifica-tion" of their powers. The question in dispute concerns con-cerns whether a ruling of the civil service commission on a city employe is final, or if it can be appealed to some other body, which usually turns out to be the courts. The Frovo city statute concerning con-cerning civil service says: "The commission will fully hear and determine the matter, after which it will make and file its find- peal is taken; and such findings and decision shall be final, and shall forthwith, be enforced and followed by him,' It Is also contended the - state law gives civil service boards final authority, without appeal, in matters' affecting city employes. . Those in opposition to this view contend that civil service serv-ice boards' decisions are subject sub-ject to appeal, if the boards-exceed boards-exceed their jurisdiction or proceed without jurisdiction. The opposition contends that such boards can and do make such errors, and that when they do, their decisions are subject to review in . the --courts. In the Erkman case, Erkman's counsel- contends among other things, that .the police of fleer was discharged by Chief of police E W. Mower : for certain grounds, but that his hearing before the civil service commission was concerned con-cerned only with other grounds They contend, therefore, that Erkman was discharged for one thing and tried on another, and that as such, the board exceeded its jurisdiction and its decision was therefore the civil ' service board and subject to review to the courts. Mayor Anderson's statement on the matter, read into the min utes of the city commission, fol lows: "While I have always believed in the civil service and merit system for public employes, I am thoroughly disgusted with the way the civil service for police and firemen has been dragged into the courts here in Provo to the extent that. the purpose of the civil service is being defeated. "I am sure that the state leg islature never intended to take administrative, matters out of the hands of municipal administra tive officers and place with the courts. "As things v have worked neither department heads, city commission or civil service serv-ice commission have been able to discharge a civil service serv-ice employe without court approval. There is something funda mentally wrong with such an ar rangement. Either the law is wrong and needs amending or re pealing, or the law is being mis interpreted. We, must find out which. If elected , and appointed heads are without authority to deal directly and finally with civil service employes something must be done to correct this sit uation.". ' ' Membership of the Provo civil ings and decision, and certify the service board includes Ed B. same to the head of the depart-Shriver, Chair an; H. V. Hoyt and menv from whose order the ap-R 5. Curtis City Decides Against Asking Rehearing In Airport Case The Provo city commission has decided against filing a petition with the state supreme court for a rehearing in the municipal airport air-port decision, and will begin soon to negotiate with landholders for purchase of the necessary ground. Mayor Mark Anderson revealed Saturday. Mayor Anderson said every effort will be made to arrive at a purchase figure out of the courts with the respective owners, but made it plain the city will go to court im condemnation proceedings pro-ceedings before it will pay "out rageous" prfices rthrough private City To Ask Bids On Ladder Truck The city commission has decided de-cided to call for bids for a new serial fire ladder truck, it was learned Saturday. The truck, estimated es-timated to cost in the neighbor hood of $20,000, will be pur chased through general obliga tion bonding, according to pre vious announcement by the com mission. LOSES $7,900 VIOLIN PAWNED FOR 12 BUCKS WASHINGTON, Jan. 11 (U.R) George Zaboski of the Boston Symphony Orchestra lost a $7,900 Gaudagonine violin in union station sta-tion Thursday. Police found it in a pawnshop today. An unidentified unidenti-fied man, no violin fancier, had pawned the 174-year-old fiddle for $12. The state supreme court, after the matter had been years in litigation, recently handed down a decision denying; deny-ing; the state's claim to title concerning the disputed airport air-port lands. Provo city had obtained a 99-year lease on state lands In the area, and the title had to be clarified If the lease were to be effective. The city must now pay individuals in-dividuals for the land which it had hoped to obtain by lease. Mayor Anderson Saturday re vealed he has written in l. ut Winsor, now of Salt Lake City whom he- says is one of the nation's leading experts on diking problems, seeking an opinion on me leasiointy ot diking the air port. Several sources have hum tioned this feasibilitv. and th mayor is seeking the opinion of a neutral expert on tfte matter. Mr. Winsor lust rptnrneH fmm abroad, where he has headed an important engineering mission for a ioreign country. The Civil Aeronauir anthnrifw claims it is feasible 'to dike the airport, and says it has plans about ready to send to Washing ton. Congressional approval must still be received to secure federal aid in the proposed diking pro ject. t Blind Vet Asks Job Any Job Spitzbergen Bases LONDAY, Jan. 11 U.R A Soviet Sov-iet request for military bases on Spitsbergen Island will get a full airing in the Norwegian parlia ment and may be referred to the United Nations, it was disclosed tonight. Norwegian Foreign Minister Halvard Lange informed the United Press in Oslo that the Norwegian government is considering con-sidering asking UN to intervene. He emphasized,' however, that no finar decision had been made. Lange. meanwhile, promised to give parliament a full report on the Soviet . request. Spitzbergen lies along the Arctic Circle due north of Norway, and would be a strategic base for -military or civilian aviation operations in Polar areas. Spitzbergen went to Norway under a 1920 treaty providing that it never could be used for "war like purposes." Russia, said Lane, how seeks to modify the treaty, Whose, signatories included includ-ed the United States, Great Brit ain and France. Lance's disclosure that Nor way was considering UN action was made in written replies to written questions submited by the United Press. "Can you comment on dis patches that Norway has decided to bring the question before UN?" Lang was asked. "No decision has been taken, Lang replied. "The matter is un der consideration." Asked to comment on reports that the Soviet claims minor naval na-val bases on Spitsbergen, Lang replied: Preliminary conversations have been strictly confidential. I am not in a position to give details of the subjects of discussion during the preliminary conversations turned on revision of the existing exist-ing Spitzbergen treaty and that both parties agree no such revision re-vision is possible without the consent con-sent of the signatories." "The Norwegian government does not regard itself as justified in giving unilateral Information on the issues concerned," Lange said. r 1 ."Vi ' "V ""'1 v e$ l: v" I J Truman Starts Horsheshoe Play; Makes 2 Ringers WASHINGTON, Jan. 11 (U.R) Spring came to the White House today, early and muddy. So President Truman unlim- bered his long-idle horseshoe arm and scored two ringers in a 45 minute bout with his aides. The president, it developed. was slightly misled by the 50- degree air and the bright sun. The mud he tracked back to his office testified that the horseshoe court still suffered from winter. , With Press Secretary Charles G. Ross for his partner. the ras ident sloshed through two games to tie his opponents, Maj. Gen Harry H. Vaughn and Rear Adm James H. Foskett. They are his secretary and nacal aides, respect ruiiy. Vaughn and Foskett, took the first game 21-15. Mr. Truman and Ross came back with a 21-17 vic tory in the second. Mr. Truman's Missouri barn yard style he grips the shoe at its toe was wild at the start, but he really got going in the second game. "We don't even take off our coats," Ross announced later, "They did. We would certainly have beaten them in a third round." The president plays on a regulation regu-lation court which was built on the south lawn outside his office shortly after he became president. He throws the heavy official shoes. Ross said it was Mr. Truman's first game since early fall. He added that as far as he was concerned this. was. the White House's first sign of spring. (NEA Ulepkoto) Calvin D. Venable, 24, veteran who Went blind as result of malnutrition malnutri-tion in hold of Jap prison ship, listens as his wife, June, reads want ads In a Portland, Ore., paper, Venable Is asking for any kind of Job. Tt lant the money," the blind man explained, "but 1 want a regular cb and a normal Ule." u ads, so far, have attracted no response. Increased Budget Held Necessary At State Hospital Number of patients at Utah state . hospital decreased 16 in December, with total of 1140 patients at the end of the year, Dr. Owen P. Heninger, hospital superintendent, reported Saturday Satur-day . following a meeting with state welfare commissioners. Dr. Heninger told Welfare Commissioners Sophus Bertelson and J. Parley White, both of Salt Lake City, that 28 patients were admitted during December, 20 were discharged. 10 were al lowed out on visits and 15 died In his monthly report,- Dr. Heninger said also that $8691.91 in fees and collections were sent to the state treasurer's office. Commissioners and members of the hospital staff also discussed the budget for the coming bien- nium, which starts July 1, 1947. Because of increased expense in operating the hospital, it was unanimously agreed that a substantial sub-stantial increase in the budget would be necessary. 61 Utah County Employes Get Okeh Of County Commission Sixty-one Utah county employes em-ployes have been formally approved ap-proved by the new county commission, com-mission, It was revealed Saturday. Most of those approved are new appointees brought in by the eight Republicans who ousted Democrats in the November elections, elec-tions, but some are holdovers from the-previous administration. It is understood many of the holdovers hold-overs are only temporary, retained retain-ed to train newcomers in the various jobs, but others, particu- Around the World Jarman Takes Bureau Post BOSTON, Jan. 11 (U.R) The Ford Motor Co. will bid for lead ership in its field with a "com- pletely-now, retooled, low-priced automobile" according to Vice President J. R. Davis. Called the "1948 model," the hew Ford will appear on the market mar-ket next year as the "greatest change since the introduction of the Model A in 1928," Davis said. He said it would weigh less and cost less than the present-day model. MACON, Ga. State Education Superintendent M. D. Collins today to-day directed the closing of the negro school for the blind stating that "We'd rather send them home uneducated than send them home in coffins." Collins said that the three-story building housing some 75 negroes was a firetrap. MIAMI, Fla. Gen. Dwight D. Eisenhower entrains for Washington today to resume his post as army chief of staff. He received treatment for a shoulder ailment at the army's Pratt General hospital hos-pital here. MIAMI, Fla. Officials of the all-American air maneuvers de cided today to re-run the light plane race in which R. C. Miller of Bedford, Ind., and Steve Whitman Whit-man of Oshkosh, Wis., claimed victory. Miller was announced as the apparent winner until it was discovered that the timer had not been notified when the race start ed. The race was declared "no contest." NANKING Government sources today claimed the cap ture of Shuyang, 90 miles east of Hsuchow, thus completing a ma jor mopping up operation north of Kiangsu and almost freezing the eastern section of the Lunghai railway. DEERSLAYERS AT WORK BRAEBURN, Pa. (U.R) Shooting Shoot-ing deer must come naturally to the five Connor brothers. On the Monday opening of deer season the five brothers were in the field. By Friday, five deer were strung up outside the Connor home. WEST C ALDER, Scotland Hope was virtually abandoned today to-day for 14 miners trapped 500 feet underground by a gas explosion in the Burn Grange shale mine Exhausted rescue crews reported! that flames and falling rock hampered their efforts. Mine of ficials said hope of rescue was "almost nil." One man was killed and another injured when the blast occurred. : TOKYO The Japanese home ministry today put a sharp edge on its anti-prostitution laws. It set a maximum penalty of three years imprisonment or a 10,000 pen (666) fine for persons found guilty of forcing women "through violence or intimidation" into such a career.. WICKENBURG. Ariz. Robert Sidney Smith, 38, whose father created the comic strip "The Gumps," died in a tourist cabin as a result of natural causes. Cor oner Louis Westall said today Smith, reported "nearly penni less" by the coroner had 38 cents in his pocket when his body was found. LOS ANGELES ALF retail! clerks and food store employers early today broke off all negotiations negotia-tions to end a 10-day strike which has shut down 1500 markets. The breakdown imperiled settlement of the dispute in Pomona and San Bernardino and Riverside counties. Union chiefs there said they would stick beside the Los Angeles local. Each side blamed the other for failure to cooperate. LeGrand Jarman of Orem, prominent farmer- and dairyman and bishop of the Windsor LDS ward, Saturday had been appoint ed field representative and or ganization director for the Utah State Farm Bureau federation. . The appointment was announced an-nounced by Frank G. Shelley of American Fork, executive secre tary of the bureau. Appointed by the executive committee, Mr. Jarman will be in charge of the county farm bureau bu-reau organization and membership member-ship work and will supervise special spe-cial services being added to the farm bureau program. Mr. Jarman, a graduate of Brig-ham Brig-ham Young university, is a former for-mer teacher in Daggett county and in Wyoming schools and has served with the resettlement administration. ad-ministration. He has served on the Orem city council for two terms. In his new position Mr. Jarman will keep in close contact with the state's county farm bureau organizations and will travel throughout the state. Glade To Speak At Distinguished Service Banquet Mayor Earl J. Glade of Salt Lake City will be guest speaker Jan. 15 at the. annual junior chamber of commerce distin guished, service award to Provo s banquet when Provo s outstana ing 'young' man of the year will be announced. The award will be made at a banquet in the Joseph Smith building. Mayor Mark Anderson will make the presentation, spon sored annually by the Jaycees for Provo's ';Young Man Of The Year, judged the most outstand ing in his city from the stand point of civic service and activ ity. "Each year this award is made to, the local man between the ages of 21 and 35 who is selected se-lected by a newspaper poll and committee of . outstanding local business men, using civic accom plishments of the individual as the basis of their selection," ac cording to Ray Murdock, Provo Jaycee president. Under the direction of Jean Dixon, ladies' auxiliary president, presi-dent, final plans are being completed com-pleted for the banquet. , According to Josephus, Jerusalem Jerusa-lem once had a population of more than 1,000,000. Stability (- Sound insurance insur-ance individualized individ-ualized to meet i your require- j ments protects you against fi- nancial loss and fosters j peace of mind, i Shall we call ? Or will you ? r- ROWAN & I GROW, INC Insurance, Real Estate, Bond 176 West Center Phone 283 Urn ftff to fiof Vl Vl the new Electric Hour JJ If TKZ 11 J "HOUR OF CHARM" ( ffl AU-GISIL OaCHSSTRA Ifl under the direction, u nvcav cc::dav 2:30 P. M. KSL jjf I A Brought to you by l m UTAH POWER & LIGHT CO. SEOUL, Korea The United Unit-ed States, In a renewed move seeking the eventual establishment estab-lishment of a Korean provis- , ional government, has- sent -Russia a counter-proposal which modifier conditions needed for international cooperation co-operation In this divided country, it was learned to day. Moslem-Hindu Riots Kill 21 BOMBAY, Jan. 11 (U.R) Resurgent Re-surgent communal rioting between be-tween Moslems and Hindu's killed at-least 21 persona this week, authorities au-thorities reported today in what appeared to be conservative estimates esti-mates of the toll In the new wave of violence. Communiques reported 21 stabbing stab-bing deaths, 89 cases of stabbing, and at least 136 other cases of injuries. in-juries. At least 250 persons were arrested as authorities dealt with the shaky situation. In the last 24 hours, officials reported, re-ported, seven stabbings arid 13 arrests occurred, together with one case of arson, but no fatilities resulted. Two persons were stabbed to death yesterday and 17 others were wounded in knifings. The week-long disturbances were clixamed Thursday with 13 stabbing deaths and the re-imposition of the curfew in Bombay's Bom-bay's strife torn areas after a month and five days without it. . Minor disturbances "were reported re-ported from a few other cities. YMCA REPORTS GROWTH CHICAGO (U.R Total member ship in the Young Men's -Christian association has reached 1,411,341, an increase of nearly, nine per cent over the last recorded total, General Secretary Frank A. Hathaway reported. A It's A Little Early To Buy Valentines But We Have A Fine Stock Of FILING SUPPLIES Including FILE FOLDERS STEEL CARD FILES FILING CARDS AND INDEXES STEEL TYPEWRITER TABLES STORAGE BOXES PEND AFLEX Hangers - Folders PENCILS INKS All Supplies; for the Office UTAH OFFICE SUPPLY PROVO 'V::' Convention On Beautification Set February 24 To acquaint all those engaged in Centennial beautification work with the scope of their activities, the Utah county centennial beautification beau-tification committee will hold a county-wide convention Feb. 24 in the Joseph Smith building. Centennial events will be outlined out-lined for the group, according to I. Dale Despair), chairman. Included on the program committee com-mittee besides Mr. Desnain are Ernest F. Reimschiissel, Glenn R. Kenner, Provo; Oscar H. Ander son, Orem; Lewis J. Harmer, Pleasant Grove; and John Angus. Benjamin. Six Defendants Win Probation Six defendants in criminal actions ac-tions were all placed on a year's probation in district court Fri day, when time for sentence of each was postponed one year.. They were: Vaughn Monson, Edwin Dalton and Gerald Clark, charged with sheep theft; Jack Park and Harvey Norman Berna, each facing forgery charges of a $17 check, and Don Hutchinson, accused of burglarizing the Max Andrews cafe in Orem. A mole can dig a passage feet long in a single night. 100 30 Cases On Court Docket Three criminal and 27 cLvil cases have been set for the first 1947 term of the Fourth district court. Douglas Johnson of Pocatello, Ida., now at liberty on $2000 cash bail, will be tried on robbery charges which allege he was an accomplice in the robbery of R. W. Cary in Payson on May 21, 1943. The trial is set for Jan. 27. Max Bliss Hales will come be fore the court Jan. 22 on a charge of delaying and obstruct ing an officer, to which he has previously pleaded innocent. He is accused of striking State High way Patrolman Kenneth E. Har ris with his fists when the latter was giving Hales' companion a traffic ticket on Sept. 22, 1946, Glen E. Weeter is appealing a city conviction on a charge of assault and battery. He was charged with attacking John Douglas Forsyth on Aug. la. 1946. and convicted of the offense in the city court. His appeal will be' heard Jan. 20. The 27 civil cases range from contested divorces to damage suits involving thousands of dol lars. 3 Forfeit Bond In City Court Three motorists forfeited $15 each in city court Saturday when they failed to appear on traffic charges. They were: E. J. Sor enson, no driver's license; Clar ence Ramsay, Wymount Village, running stop sign; Joseph Monte wight, running stop sign. A charge of speeding against Maurice Anderson, Springville, to which the defendant had previously pre-viously pleaded innocent, has been dismissed for lack of evidence evi-dence on motion of the city attorney. larly holdovers in the county recorders and city and county building , custodial staffs, have been permanently retained. Those listed as approved in the departments of Sheriff Theron S. Hall and Attorney Arnold Roy-lance, Roy-lance, returning Democrats, are holdover from their previous administrations. County Commission Chairman Chair-man George A. Cheever said Saturday the appointments to date comprise most of the employes in county depart-. depart-. ments with exception of the county . Infirmary and road department. No formal action has been taken as yet concerning the 'infirmary 'in-firmary staff, and no formal action on road employes with exception ex-ception of the appointment of H. L. Hutchinson as county road supervisor and superintendent of county shops. It was previously stated that Mr. Hutchinson's appointment ap-pointment was recommended by County Surveyor Hugo Price. This was in error from the standpoint stand-point of the source of the appointment, appoint-ment, because Mr. Hutchinson was chosen directly by the county commission and is accountable directly to them. Formal approvals to date, in addition to Mr. Hutchinson, are listed in the county commission minutes as follows: County physician Dr. J. Kyle Clark. Clerk's office Warren P. Kirk, Clarence B. Carter and Lorna A. Miller. Attorney's office Elmer L. Terry- Auditor's office Douglas L. Phillips and Betty Bone. Sheriff's office W. B. Davis, Georce W. Loveless, Walter R. Durfant, Merrill R. Smith, Rueben L. Christianson. Arthur C winters. win-ters. J. L. Barnhart, Roscoe Kay. Harold-Hansen, and Mrs. DBphne Loveless, jail matron. Assessor's office Arnold Burn-ingham, Burn-ingham, Henry .leppson, C. R. Gillman, Robert L. VVilPon, Beh Hartshorn. Iris Amos. Homer E. Peterson, and Albert Mabey. District Dist-rict deputy assessors, and their territories, include: George A. Lewis, Lehi; Henry S. Chipman, American Fork: Lcgrande Adam-son, Adam-son, Alpine; Benjamin Walker, Pleasant Grove; S. H. Blake, Orem, Vineyard and Lake View; Ephriam Leichty, Pleasant View; Lyle A. Bell, west Provo: Chris M. Sorenson, Mapleton, Thistle, Birdseye and Colton: LaCelle A. Sumsion, Springville; Angus Hales, Spanish Fork and Palmyra; Archie Huff, Benjamin; Francis R. Bellow, Lake Shore; F. M. Davis, Salem; John C. Taylor, Payson; Andrew A. Borgeson, Santaquin "and Genola; Curtis Sorenson, Goshen, Elberta and Dividend. Recorder's office William H. Bufton, Ivan Monson. Eva Pro-bert, Pro-bert, Nell Boshard, Mae Jacobs, Loa Jean Butler, Roger Farrer, Ethel Peterson, Barbara Moore and Alice P. Webb. Treasurer's office Howard C. Maycock,- Reid Person, Glenn Greenwood, and Martha Moore Twelves. City and county building custodial cus-todial staff Charles H. White, S. A. Gardner, J. A. Carter, Aseal Johnson and Smith Brimhall. FIGHTING IRISH JUSTIFY NAME SOUTH BEND. Ind. U.R nearly near-ly 10,000 students and alumni of the University of Notre Dame served in the United States armed arm-ed forces during the war. Their casualties were severe 328 known dead and more than 1,200 wounded. RENT A CAR By the Hour, Week or Month! Hertz Driv-Ur-Self System P. E. ASHTON CO. . 191 So. Univ. Ave. Phone 155 Your electrical system consists of wires, cables, wiring devices, fuses and circuit breakers. These are the materials which make up your electrical highway that leads to electrical living and electrified pro rlurtion. You want your electrical highway. smooth and wide like the dual trafficway that brings trouble-free motoring. This takes forward planning. A horse and buggy electrical road is just as passe today as the rutted horse and buggy road. And so is the horse and buggy electrician. Your qualified electrical contractor builds modern electrical highways. 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