davidaulloa/AmericanStories huggingface dataset:
Evening star., 1951-04-15
By Mory Lou Werner

Litigation seems to thrive in
Fairfax County.
So said Judge Paul e. Brown
.of the county's Circuit Court the
other day when a new issue came
before him.
One glance at the county's
legal history during the last
decade and it's easy to under
stand what he meant.
There have been legal contests
over bond issues, county bound
aries, coming, taxes-even pigs.
The recurring suits have had
the county supervisors in court
more than they like to think
about. Sometimes litigation tenn
'porarily has tied their hands in
administrative matters, and on
other occasions caused them
financial embarrassment.
And while the supervisors have
been trekking back and forth to
the county seat to testify in one
case after another, Common
Iwealth's Attorney Hugh B. Marsh
has been reading the pages thin"
of the State constitution and the
latest acts Of Assembly.
Other Attorneys Hired
Since his election in 1874. Mr..
Marsh has defended the county
against many suits. But with
suits coming in such rapid sue
cession and the usual criminal
cases to prosecute, the county
found it necessary to employ help
for Mr.. Marsh.
Evening star., 1951-04-15

Possibly the California FASH
ion began as a by-product Of the
civic virtue. The miners of a
certain camp squelched a crime
wave by hanging three men on
a convenient tree, and it thus
became known in the early
months Of 1849 as Hangtown.
From such precedent may have
sprung Chicken Thief Flat. Cut
Throat Bar, Gouge Eye. Garotte
and Second Garotte.
Lusty Spirit Spread
"Once the fashion had started,
it spread quickly. Primarily it
gave vent to the lusty high
spirit which was the dis
tinguishing mark of that amaz-
ing time. Few would have
wished to establish a permanent
address at Mugfuzzle Flat or
Stud-Horse Canyon, but as a
passing fancy they enjoyed the
amusement, and We'd with each
other in grotesquery. Doubt
less the more sophisticated often
invented the most outlandish
terms: two Harvard men named
Shirttail Canyon.
Evening star., 1951-04-15
Annexation Bonds Pigs-Keep Fairfax in County Court

Attorneys who have appeared
with Mr.. Marsh include Robert j.
Met Candish, jr.; John r. Alex
Iander. James Keith and Judge
Albert v. Bryan, before his ap-
Ipointment to the Federal bench.
Some of the cases have reflected
the county's growing pains-the
present $4,000 population is more
than double that of 10 years ago.
No pattern of one political fac
ton against another, or one group
against opposing interests, can be
traced through all Of the county's
recent legal problems. But much
Of the trouble has centered about
the attempt Of Falls Church to
annex part Of Fairfax County.
The first round of this battle
was In 1912, when the county sue
!cessfully defended an annexation
attempt by the town Of Falls
Church.
From a Town Into a City
Six years and thousands Of peo-
Iple later, Falls Church again
started looking around for elbow
room. This time, the town decid-
ed to maneuver into a stronger
position before launching a new
offensive.
The first step was to graduate"
from a town to a city. This was
accomplished in 1948 after Falls
Church showed it had the neces-
sary population-over 5,000-to
become a second-class city under
Virginia law.
With its newly acquired status,
Evening star., 1951-04-15
Let's Sing the Old Songs
Nostulgic Melodies, Now Immortal, First
Heard Here by on Earlier Generation
By John CIaaett Proctor

One Of the most noted and cele-
brated songs in its day was "The
Mocking Bird" the words and
music-one or both being claimed
BY various persons from time to
time. The tune. however, seems
to have been a very early one
according to a copy Of sheet music
in the music section of the Library
Of Congress, entitled as follows:
"The Celebrated
Mocking Bird Song
sung By
Miss Stephens
Theatre Royal Copent Garden
In the Popular Opera called
The SldUe
for the
Piano Forte
Nth Flute Accompaniment
by
Henry r. Bishop
(f7S6-1855
The Poetry By r. Martin, Esq.
Evening star., 1951-04-15
Macarthur Versus Truman

between the Pentagon and the
White House. But there are no
such disagreements, so far as the
duly constituted authorities are
concerned.
There is a clear consensus
among these authorities, both
military and civilian, that the
challenge of world communism
must be met in the first instance
in Europe. not In Asia.
There is a clear consensus, fur
thermore, that the Communist
challenge must be met, so long
as conceivably possible, by means
short Of general war-and that
there is a fair chance that it can
be met successfully by such means.
The free nations must seek to
localize any and every conflict
which may break out, in this
Judgment. Above all, they must
avoid, at almost any cost. being
drawn into a major war on the
mainland of Asia.
If general war is to come. then
1t must come only because the
Communists are determined il
must come, and force it on the
world. The free nations must not
start it. And, again, If general
war comes, the primary effort tc
win it must be made in Europe
not Asia.
This country's constitutional
authorities also agree with those
Of most Of the rest of the free
world in their attitude toward
MacArthur's policy acts and ut
terances Of the past nine months
They do not mean and do moi
intend to be overruled and re.
versed by any single individual
Least of all do they mean or in
tend to be overruled and reversed
Iby the open defiance of a genera
who, no matter how great a fielt
marshal he may be, they have
finally, reluctantly and regretfull,
concluded is dangerously mis-.
taken in his thinking and dan
lgerously unsuited in Temperament
for the great responsibilities which
always must accompany great au'
thoritE
By ARD basement With b. the st. Louis Pos
Evening star., 1951-04-15

ceeded in winning a writ Of error
in the case and now Is awaiting
a new hearing. But meanwhile
the county has failed to collect
more than 100000 in anticipated
trailer fees and eventually may
have to repay some trailer camp
operators who paid the fees.
A number of coming decisions
have been taken to court. The
most important case was that of
L. w. Parker. who used a lot at
Tysons Corner for a junk yard al
though the zoning was for
suburban residence use. The
county in 1916 asked the court
to make Mr.. Parker stop using
the land for a junk yard, but
Judge Leon M. Bazile held the
county's zoning ordinance was un-
constitutional. His decision might
have affected zoning procedures
all over the country, but the
county carried the case to the
State Supreme Court and the
lower courts decision was re-
versed.
County officials can laughingly
recall one Of the first local
tangles Of the last decade. Ver-
non M. Lynch Of Annandale won
the right to continue operating
his pig farm over objections of the
supervisors and his neighbors.
That suit was back in the days
when one legal battle each year
was a good average.
But now it would be foolish
even to guess when the county
may return to government by
legislation instead of by litiga-
Evening star., 1951-04-15

Falls Church stood ready once
again to file an annexation suit.
There were only a few matters to
be straightened out first--or SO IL
seemed. --
One Of these ''littfe" matters
involved schools. Under Virginia
law. a second-class city is required
to operate its own school system.
There was a conflicting special ACT
Iof the 1912 General Assembly,
however. which said that Falls
Church schools always were to re-
main within the Fairfax school
district even If the town became
a city.
To straighten this matter out
Falls Church brought what ap.
Ipeared at first to be a friendly
suit against the Fairfax School
Board. The suit asked that the
special act of 1912 be declared un-
constitutional, that a separate
Falls Church school district be
Icreated, and that Fairfax be re-
Iquired to turn over all schools
within the city.
Judge C. G. Quesenbery OF
Waynesboro, appointed to preside
in the case. ruled in August, 1919
that Falls Church was entitled tt
become a separate school district
But he held that Fairfax County
was entitled to keep two schools
Iit had built within the city-Falls
Church High School and Oak
Street Elementary School. This
left Falls Church with only two
schools Of its own, Madison anc
Jefferson Elementary Schools.
Debt Question Unsettled
Judge Quesenbery at the same
time instructed the two communi,
ties to try and work out ar
agreement on apportioning thu
county's school debt. which wa!
1874 million when Falls Church
became a city. This question il
still unsettled. and is sure to wint
|up in court again. Falls Church
objects to assuming part of tn,
school debt because the city
didn't get any of the schools
built with the money, and Fair.
flax insists Virginia law requires
the city to assume part Of the OBJ
Iligation.
/ But the adverse ruling in tn,
school argument did not damper
Falls Church's hopes and il
February, 1850. the city filed sui
Ito annex lots square miles o
county land. Two months later
alexandra got in the act by filinl
la suit to annex rs square mile
from the county.
i The Falls Church annexation
hearing began in June ant
dragged along for more than ,
. month. packed with bitter county
city debates before a three -judg
;lcourt denied the annexation.
,Inew hearing since has beel
!, awarded to Falls Church by tn
| Virginia Supreme Court Of Ap
J lpeals.
Other Legal Complications
| The Alexandria case. after ,
!, Ispeedier and friendlier hearing
} ended in victory for the city. tn
| friendliness wore of, however
: when Alexandria literally move,
!. into the newly won territory Will
the county was still preparing it
-lappeal. This resulted in anothe
i trip to court. and the annexation
. decree was suspended so Fairfa
could appeal the case. A new tria
! since has been awarded the coun
l ty by the Virginia Supreme Cour
: slof Appeals.
Y Attorneys feel it will be mex
fall before either Of the annex
alton cases will be reheard.
Meanwhile, the annexation suit
have created several other legs
complications indirectly.
John e. King. Of near Fall
t Church. llYasuccessfulIy asked th
Evening star., 1951-04-15

court last May to call of school
and courthouse construction bond
issue referendum because the two
annexation suits were pending.
After voters approved the bond
issues, two county residents,
Charles S. Gardner and Paul E.
Rhinehart, jr., fled suit to pre-
vent their sale.
They claimed the pending an
|nexation proceed edings might alter
the tax base of the county. The
court granted a county motion to
dismiss this suit. and Mr.. Rhine
hart and Mr.. Gardner later with
drew an appeal.
Again the county prepared to
sell the voter-approved bond is
Isues-but again the sale was
blocked at the last minute by a
new suit by Mr.. Rhinehart. His
later suit was dismissed in Febru-
Iary by Judge j. Jordan Temple in
Fairfax Circuit Court, and at the
same time the county was granted
IA restraining order prohibiting
any new litigation against the
bond sale. This has just about
cleared the way for sale of the
|$l0.5 million school construction
issue and the $980,000 courthouse
addition bonds. The only bar
Irier remaining Is the possibility
lof Mr.. Rhinehart appealing his
lease.
Sewer Suit Pending
The annexation suits also tenn
Iporarily delayed sale of q voter
approved So million sewer i'm
provemnet bond issue for the
lcounty'S Sanitary District No. /.
Once sold. the sewer bond issue
gave Fairfax undisputed right to
the Federally constructed Holmes
Run trunk sewer which serves
part Of the county and part of
Falls Church and thereby
Iprompted another legal entangle-
ment between the two jurisdic-
tions. It seems that some houses
in the county were connected to
the city sewer, which in turn was
connected to the county sewer
Both county and city claimed the
right to bill these people. and
there still is pending suit to de-
ltermine who is right.
| At the other end Of the Holmes
Run trunk sewer another problem
developed. Some residents OF
Huntington, Jefferson Village anc
Belle Haven, all near Alexandria
refused to pay the county's 81
monthly sewer service bill. They
Iclaimed that the county--which at
the time was leasing the trunk
sewer from the Goyernment-had
delegated its fee-levying powers
Ito the Federal Government illeg-
ally.
| This dispute also wound up In
court, and there it remains wait
ling q decision. Sanitary Engineer
James j. Corbalis, jr.. estimates
that in the meantime Fairfax has
Ibeen losing out on thousands o1
dollars in uncollected fees.
/ The biggest financial headache
however, has resulted from a trail.
Ter park case. This 1ong-drawn.
lout issue arose in 1948 when the
county amended its trailer camr
I lordinance, imposing license ta1
of $50 for each lot within a trailer
fpark. The American Trailer Co.
Inc, operator Of the county''
Largest trailer camps, filed suit tt
invalidate the regulation.
Ruling Invalidates Ordinance
j The case was argued before
Judge Elliott Marshall in July
! 1949, and it was one year latel
before q ruling was handed dowr
Iinvalidating the ordinance. Judge
stMarshall held unconstitutional tht
Legislative act under which tn,
supervisors imposed the trailel
s|liQfnse fee.
) &ast November, the county sue,
Evening star., 1951-04-15
old Folks OF Home

Foster got $4,000 for writing
"Old Folks at Home" Charles
Dibdin netted several weeks board
for writing 'Poor jack" while his
publishers made $4,000 out Of it.
Crouch. the writer of 'Kathleen
Evening star., 1951-04-15
NetD York
Published By E. S. Mester.
28 Wall Street."

However, IN this song the words
are entirely different from the
popular version. Bishop
wrote "The Slave" in 1916.
It is quite likely that Francis
Maria Scala. at least had much
to do in popularizing "The Mock
ing Bird" song when he was the
leader Of the United States Ma
rine Band, when, it is said, he
played the piece in the White
House Grounds, and that he ar
ranged the music himself, which
he rehearsed with his musicians
for a long time. He dedicated his
composition to Miss Harriet Lane,
President Buchanan's niece. On
the afternoon it was to be first
played in public Scala came to
the grounds with a handsome pro-
gram Of the selections. On it
was painted a mocking bird. Miss
Lane did not know of the honor
and was not there, but a messen-
ger was sent after her, out to the
Soldiers Home. and she was on
hand when 1.-THE Mocking Bird"
was reached. There was a good
crowd present and much applause
followed. Miss Lane bowed and
bowed and Scala bowed and
bowed. but it had to be repeated.
In less than a week every man was
whistling it. and every lady who
could play a piano. was playing
and singing 1t. But it is said it
was never played as well as it was
played that afternoon, though the
same band played it often during
the summer.
The Scala Funeral
Prof. Scala. according to an
account printed In a volume OF
the Columbia Historical Society,
records the following facts: Fran
els Maria Scala was born In
Naples. Italy, 1919. After an ILL.,
ness of two weeks. he died at his
residence, 918 South Carolina
avenue, Saturday evening, April
IS, 1908. shortly after 8 o'clock.
He was married twice; by
the first wife were two children,
by the second II. The widow
and all the IS children sur
yived him. Services were at the
house and then at st. Peters
Catholic Church. The Marine
Band rendered Nearer. My God.
to Thee" as the body was re-
moved from the house. It was a
favorite hymn Of the bandmaster
The tune of "John Browns
Body" another Of the old time
popular numbers, Is an old Meth
odist campmeeting tune, and the
words were adapted to it by .
glee club in Boston in 1861. It
was first published in Charles
town, Mass. Capt. James Green
leaf, an organist Of the Harvard
Church. set the notes for music
and a Massachusetts,, regiment
made them first noted by singing
them in Fort Warren in 1861
Mrs. Julia Ward Stowe greatly
popularized this tune with the
Battle Hymn Of the Republic. -
Maryland's Song
The author Of Maryland, My
Maryland" for a time resided here
in Washington and could have
often been seen in the press gal
leries of Congress almost any day
during the session. His name was
James r. Randall. He was a
modest looking, dark complex
ioned man and was quite young
when he wrote that beautiful
poem.
america" was written by the
The journal. (Caldwell, Ohio) 1934-1961, 1951-08-23
SHARON NE VS.

Amanda, Mr.. and Mrs. Homer
Norman of Frazeysburg, Mrs.
Olga McCutcheon and grand
daughters, jeanette Price and
Darla McCutcheon visited with
Mr.. and Mrs. T. L. Marquis and
Eva May, Sunday.
Mr.. and Mrs. Clifton Stewart
and two children of Chambers
vile, visited with her parents,
Mr.. and Mrs. Mack Archibald,
Sunday.
Karen and Charlotte Buckley
of Caldwell are visiting their
aunt and uncle, Mr.. and Mrs. L.
K. Marquis and grandmother,
Mrs. Mayme Parks, who is
spending a few days at her home
here.
Mr.. and Mrs. Benny Haga and
two children have moved to the
Mamie Brotton property.
Jean Ann Wiley spent last
week with Mrs. Marjorie Hayes
and family at Caldwell.
Mr.. and Mrs. He o. Steen and
two children of Canton, visited
last week with his mother, Mrs.
Letitia Steen.
Mrs. France Kuntz and daugh-
ter, Cheryl are visiting her faith
er, Cash Marquis at Canton. Mr..
Marquis injured his foot and is
unable to work.
The journal. (Caldwell, Ohio) 1934-1961, 1951-08-23
Shenandoah Trail

SHENANDOAH TRAIL -
Bob, and Jimmie Cooper, John
and Richard Gibson, Bill Bond
and Carl Miley attended the ball
game in Pittsburgh, Sunday.
Elsie Hunter and daughters of
Canton, were guests of friends
at Mt. Zion, Thursday.
The dry weather for the past
two weeks is reducing the corn
crop very materially.
Lewis Kackley and sister,
Carrie of Columbus were recent
guests of their sisters at Mt. Zion.
The Homecoming at Pleasant
Hill church will be held Sun
day, September 2. The Hazel
colored quartette of Cambridge,
will furnish the music.
Leroy Hayes and family of
Newcomerstown, were Sunday
guests of her parents, Mr.. and
Mrs. G. H. Wheeler
H. F. Groves of Cambridge, is
the guest OF relatives along the
Trail.
w. E. Bond and family are the
weekend guests of Harley Bond
and family in Pittsburgh.
Mr.. and Mrs. Alfred Anderson
of Canton, were Sunday visitors
at H. F. Bonds.
Mr.. and Mrs. Lewis Neff of
Akron, were Sunday visitors at
Roy VanDynes.
Helen Davis, Moreno Hively
and Edna Bond took their All
club girls to Cambridge Tuesday
on a sight seeing tour of some of
the industries of Cambridge.
They also enjoyed a picnic din
ner at the city park.
The journal. (Caldwell, Ohio) 1934-1961, 1951-08-23
Green Valley

GREEN VALLEY - Mrs.
Mary Hannum and children,
Betty, Donice and Charles spent
Sunday with Mr.. and Mrs. Ray
Stottsberry. Other visitors at
home in afternoon were: Mr.. and
Mrs. Hardin Everly, Mr.. and
Mrs. Joseph Everly and son, Mr..
and Mrs. Cecil Stottsberry and
children.
Mrs. Nancy Rossiter spent Sat
urday and Sunday with Mr.. and
Mrs. Howard DeVoll and sons of
South Olive.
Mrs. Rachel Hipsley and Will
mis- Kackley of Pleasant City,
called on Mildred RosSiter Satur-
day afternoon.
Mr. and Mrs. Frank VanFleet
have purchased a new home
freezer.
Mr.. Earl Horton, Mrs. Nancy
Rossiter spent Friday with Mrs.
Athel Pitts, Caldwell. Mrs. Pitts
is recovering from recent op-
Grafton.
Mrs. VIM. Rossiter, daughter,
Barbara spent Wednesday with
Mrs. Hazel Murrey.
Mr.. and Mrs. Frank VanFleet
spent Sunday afternoon with
Athel Pitts and family.
. Mrs. Gail Rutherford, sons, of
Caldwell, visited recently with
Mr.. and Mrs. HIRAM Rutherford.
Mr.. and Mrs. Frank VanFleet
visited Herlan Butler and fam
lily Sunday evening.
The journal. (Caldwell, Ohio) 1934-1961, 1951-08-23
.CHURCH HnMEC0MTNG

The annual Homecoming at
Coen's church located on Seneca
Lake road will be held Sunday,
August 26. A basket dinner will
be served at noon and an enjoy
able program is being planned
for the afternoon hours. Every
one is invited to attend.
The journal. (Caldwell, Ohio) 1934-1961, 1951-08-23

SHARON - A basket dinner
was held at the home OF Mrs.
Alfred Boyd, Sunday, August IL
in honor of her mother, Mrs. w.
l.. Jennings, familarly called
Maud, who is in her 89th year.
The Yerian and Jennings rel
atives gathered to the number
of approximately one hundred.
Though the day began with rain
the spirit of the guests were not
dampened and the following en-
joyed the day socially: Durward
Jennings of Newark; Mr.. and
Mrs. H. H. Hannawalt and
daughter, Dorothy, Mrs. Agnes
Parrish, daughter, MARITIME and
son, Eddie, Mr.. and Mrs. Charles
Shaffner, daughter, Darelle and
niece, Mildred Eddleblute, Mr..
and Mrs. K. w. Parrish and
daughter, Joan Eileen, Mrs.
Lloyd Tonner and Martin Fich-
telmann all of Columbus, Mr..
and Mrs. Charles Jennings, Mr..
and Mrs. Graydon Jennings and
sons, Clarence and Larry of New
Concord, Mr.. and Mrs. w. W.
Weber and Linda Kay, Mrs. Pet
tie Lee, Mr.. and Mrs. Charles
Jennings, and daughters, Donna
Jean and Charlene I joyce,
Thomas Lee Valentine and Car
olyn Joyce Balog, ell of Zanes-
>ville, Kathryn Sclineeburger of
Dexter City, Mr.. and Mrs. Oar
win Stoneking of Canton, Mr..
and Mrs. Bob M. Spriggs, Mrs.
Lucille Heddleson and daughter,
Elaine and Mrs Albert Miller of
Caldwell, Mr.. and Mrs. Andrew
Hronic, children, Ronnie and
Diane of Ava, Mr.. and Mrs. Eu-
gene Heddleson, Judy and Rod
ney, Mr.. and Mrs. William DAN
ford, children, Bobbie, Brenda
and Elizabeth, Mr.. and Mrs. Dean
Milligan and son, Terry Dean
all of Belle Valley, Mr.. and Mrs.
Frederick Boyd, sons, Rex and
Max, daughter, Mia of Cumber-
land, Mrs. Marie Hooper and
three sons of West Lafayette:
Mrs. Lillian Boyd. Mr.. and Mrs.
Frank Jennings, Mr.. and Mrs.
Edgar Long, Mrs. Vivian Archi-
bald, children, Annette Jonelle,
Dick and Larry, Mrs. Dora Jen-
nings.
Mr.. and Mrs. Hurlbert Boyd
and children, Carol, Karen, AL
bert, Eldon, Robert and Delmar,
Mr.. and Mrs. Carleton Spriggs
and children, Connie and Terry,
Mr.. and Mrs. Charles Boyd, Mr..
and Mrs. Theodore Boyd and
daughter, Sonia, Mrs. Bernard
Boyd and children, Josephine,
jeanette, Kaye and Victor, Mr..
and Mrs. Harry Harmon, Mr. and
Mrs. John Farmhouse and sons,
John David and Michael Edward,
Mrs. Maud Jennings the honor
guest and Mrs. Alfred Boyd,
hostess.
Notified of Death
Relatives here received word
Saturday of the death of. Earl
Marquis at New Matamoras. He
Ais the son of the late Mr.. Joseph
and Mrs. Nola Gill Marquis,
former residents of Sharon.
In Hospital
Mrs. Mable Wheeler under
went surgery at Good Samaritan
hospital, GAINESVILLE, Saturday.
Personals
Eva May Marquis visited with
her sister, Mrs. Martha Smith,
Friday.
Pa5ty Hayes of Caldwell, is
visiting her grandparents, Mr..
and Mrs. George Ralph.
David Marquis spent last
week with his grandparents, Mr..
and Mrs. Charlie Cain at Can
ton.
Mr.. and Mrs. Darrell Marquis
ana daughter, Darla May of
The journal. (Caldwell, Ohio) 1934-1961, 1951-08-23
HOME SELLS

Albert Saft Of the Summerfield
community has purchased the
James Campbell home on Cliff
road. Mr.. and Mrs. Campbell
moved this week to Uhrichsville,
where he has purchased a drug
store. He was formerly employ
ed at Gillespie's Drug store.
The journal. (Caldwell, Ohio) 1934-1961, 1951-08-23
VACATION IN CANADA

Mr.. and Mrs. Byron MARQUIS
and daughters, Irene, Edna, Bar
bara and Virginia, Mr.. and Mrs.
George Marquis and children,
Tommy and Diana, and Helena
and Velma Moore of GAINESVILLE
are enjoying a two weeks vaca-
ton in Canada.
The journal. (Caldwell, Ohio) 1934-1961, 1951-08-23
WEDDING

All AiENDS WELDING
Mary Ann Shafer, North
street, attended wedding of her
classmate, Mrs. Paul Vernon Le-
Rue, Columbus. She stayed at the
home of Mr.. and Mrs. Purcell
Mallet, Worthington, over the
weekend while attending the
wedding.