davidaulloa/AmericanStories huggingface dataset:
Evening star., 1954-10-24
THE SUNDAY STAR AT
Washington. d. c. *ss
SUNDAY, OCTOBER "a, .lDSA

So Mr.. Bender has In his corner
the Taft Republicans. the Eisen-
hover Republicans and Presi.
dent Eisenhower. Also Mr.. Benz
der has the editorial support Of
nearly all the big daily news
papers In the State.e
While the issue OF Senator
Mccarthy and ''McCarthyism" ID
not being played up in this CAM
paign. Mr.. Bender may benefit
by sentiment for the wisconsin
Senator. Senator Burke will
have to vote on the proposed
censure of Senator Mccarthy,
after the election. Even II Mr..
Burke loses, he will be Senator
until December Is under Ohio
law. Senator Burke has indi-
Gated he would favor censure.
MIR. Bender has said he win not
pass Judgment until he has
heard Senator McCarthy's de-
fense. He does not have to vote
on the censure proposal even
should he be elected.
James A. Rhodes, State au-
ditor, is the Republican candi-
date for Governor. He is max
ing a fighting campaign against
Gen. LauSche, but some Of his
attacks have brought him cen
sure from both Republican and
Democratic newspapers. A VIC
tory for Mr.. Rhodes would be
regarded as a political miracle.
He served well as Mayor of Co
lumbus for several terms and
then was elected auditor. an Of
flee from which he resigned to
make the gubernatorial race.
G. O. p. Claims House.
Republican leaders insist they
will hold all of the 16 House
seats they now have. They say,
too. they have chances of picking
up two seats now occupied by
Democrats-the 18th and 9Th.
Representative Secrest. Demo-
crat of the 18th district, had q
large personal following which.
they say. is not likely to prove
transferable to another Demo-
crat. He resigned tofaccept ap-
pointment to the Federal Trade
Commission. Representative Polk.
Democrat, of the 9Th district.
won two years ago by a margin
OF only about 800 votes.
But if there is a Democratic
undercurrent running, as some
claim, the Democrats are likely
to pick up two or three Republic
can House seats instead Of losing
any. Republicans in the Akron
and Dayton districts are having
a hard battle for reelection, and
so are one or two others.
Here again much depends on
what the industrial centefs do.
and the farmers.
Evening star., 1954-10-24

a good government, got anti
gambling legislation and sitter
liquor laws, earned national ac-
claim for his efforts in behalf OF
the mentally Ill. tried unsuccess-
fully to establish a Statewide
fair employment practices law.
Assistant City Attorney.
Most of his legal experience
has been from the judicial side
of the bar. After graduating
from the University of Mime
sofa Law School in 1921, he
served as assistant city attorney
of Minneapolis for three years
and then practiced law for six
years with a former District
judge.
He was elected municipal
judge in 1880, remaining on the
city bench until his appointment
to District Court in 1886. He
became associate justice of the
State Supreme Court in 1912 and
left four years later to run for
governor.
Soon after his appointment to
the judgeship here, he was
named big Brother of 1851"
by the national brotherhood or
ganization for his youth welfare
work,
Evening star., 1954-10-24

than outgo. and we're even help
ing pay 4 little on the bond
issue. He pointed out. however,
that all revenues 90 directly into
the city's general fund and do
not show as q counterhalance
against expenses.
One problem In expanding
Friendships business, he said,
would be that Of adequate air
space for stacking" planes watt
ing to land. This, he said, Is
limited because the field lies
under the north-south airway
from New York to washington. I
However. Mr.. Perkins declared,
1T would probably help the
regional air traffic situation If
some Of the planes sat down at
Friendship"
Senator Angered.
Senator Butler, obviously
angry over Mr.. Perkins position
on using Friendship as an alter
nate for National. declared that,
l"if Friendship doesn't want it,
it's time for us to go to work on
q new airport for Washington.
National needs relief. and we
owe responsibility to the travel
ing public, or a lot Of people are
going to be killed there" he
added.
He said he doesn't know
whether Andrews would be a
satisfactory solution, and de-
clared. IF we have to have an
other airport, let's pick out a site
and start building a new one" I"
Evening star., 1954-10-24
YoungdohI Noted for Getting
Cases Settled Without Trial
Jurist Expounds
On Personal Beliefs
In Civic TuIks

Judge Luther w. Youngdai1l,
who yesterday voiced the deci-
sion not to withdraw from the
baltimore case. has been known
in court circles here as q Judge
with q talent for getting civil
cases settled without trial.
Silver-haired and sun-tanned.
he repeatedly takes time out
once or twice a week for q work
out at the YMCA. Frequently.
he Is called on to make speeches
before welfare and religious
groups
Speeches Reveal His Attitude.
His attitudes as revealed in
these speeches:
Military and spiritual security
go hand in hand. The return to
religious principles is the para
mount issue today.
Americans should practice the
equality of persons guaranteed
by the Declaration Of Independ-
ence.
This country's efforts to
practice democracy are being
watched carefully by other coun-
tries.
Corruption of national charac-
ter Is more dangerous threat
than communism.
Drunken drivers are being
coddled too much by judges and
prosecutors alike.
If there were q psychiatric
social worker in every school in
the country. the need for mental
institutions would drop impress
lively.
Most Important Case.
Until the baltimore case was
assigned to him last year, Judge
Youngdahl had handled a vol
ume of cases-aided by his ability
to get settlements-but none of
the national import of the
baltimore case.
He came to the bench of
United States District Court for
the District of Columbia October
l. 1851, a liberal Republican
chosen by Democratic presi-
dent.
At the time, he was serving his
third term as governor of Min
nesota. He was such a successful
vote-getter that it appeared
likely all he had to do to get a
fourth term was to announce his
candidacy for it.
AS governor, he crusaded for
Evening star., 1954-10-24
IBenderHos Tough Race to Win
Ohio Seat Once Held by Taft

! particularly among the bust
nessmen.
Ohio has been an in-and-out
State. politically. although it has
4 In the present House l6 Repub-
licans to 6 Democrats and one
Independent. It has not elected
q Democratic Senator since 1910.
In 1850 1t reelected Senator
Taft by an overwhelming margin
Of 100000 votes and two years
ago it reelected Senator Bricker
by $4,000 and gave its electoral
votes to President Eisenhower by
100000 votes over Adlai Ste
venson.
Surface Odds Favor Bender.
The odds. on the surface,
would appear TO favor Mr.. Ben
der. Many observers here say
that Mr.. Bender will win, and
some insist he will do 1t by
$4,000 to 100000 votes--a close
finish in a State which Is ex-
pected to cast $500. 900 to 2.750,-
900 votes on November 2. It's
a fact. however, that Republican
leaders will be overjoyed if Mr..
Bender sQueeks through with a
lead of 5000 or less. They are
worried and are putting on a
real drive to get the voters to
the polls.
Cuyahoga County cleveland
and environs) has been a Demo-
cratic stronghold. Both Mr..
Bender and Senator Burke are
from this county. Mr.. Bender
has been Republican county
chairman since 1936-and he
has been an effective one. Sem
ator Burke is the longest term
Mayor Cleveland ever had-from
1945 to 1858, when he resigned
to accept the Senate appoint
ment. The senatorial election
may be won or lost right there
in the county. Or 1t may de-
pend largely on the vote in those
industrial centers hard hit by
unemployment-or on the farm
vote.
Republican leaders were cha
grined over the remarks of Sec
retary of Defense Charles f..
Wilson, involving unemployed
workers. bird-dogs and kennel
fed dogs. They took it hard,
complaining that Mr.. Wilson
had given the labor leaders
something in which to sink their
teeth and so get out the labor
vote. incidentally, the CIO and
AFL are reported to be working
just as hard to defeat Mr.. Ben
der as they worked, unsuccess-
fully, to defeat Senator Taft
four years ago. They are going
about it less blatantly, but even
more effectively, it is said.
Mr.. Bender was not the first
choice of a good many Republi-
cans for the senatorial nomina-
ton this year. William B. Saxbe,
Speaker of the Ohio House of
Representatives, challenged him
in the primary and rolled up a
surprising vote. Mr.. Saxbe at
tackled Mr.. Bender bitterly dur
ing that campaign. Now, how
ever, Mr.. Saxbe has come
around, in the interest of party
harmony. to help Gen. Eisen-
hover with a Republican Sena-
tor from Ohio. and is support
ing Mr.. Bender along with the
rest of the Republican ticket.
Evening star., 1954-10-24

the words the Judge uses in set
ting forth his rulings.
Purpose Is To Discredit.
At bottom, the affidavit Is
based upon the virulent notion
that a United States judge who
honors and adheres to the sacred
constitutional presumption that
a man is innocent until his guilt
is established by due process OF
law has "a bent of mind" that
disables him from conducting the
fair and impartial trial to which
both the accused and the Gov
ernment are entitled. The aff1-
davit is to diScredit, in the pub
lie mind. the. final action of our
COURTS or else to intimidate the
courts themselves. It follows that
those who made or authorized
the certificate that the affida-
Wit was made in good faith acted
irrepsonsibly and recklessly as
lawyers and officers of the Gov
ernment.
Under my oath to preserve sa-
cred Constitutional principles, I
can properly do no less than to
strike the affidavit as scandal
Gus.
It is so ordered.
Isl Luther w. Youngdahl,
United States District Judge.
| Footnotes:
/. Title %, section IA of the
United States Code. under which
the affidavit has been filed, pro-
videS: Whenever a party to
any proceeding in a district
court makes and files a timely
and sufficient affidavit that the
| judge before whom the matter
is pending has a personal bias
or prejudice either against him
or in favor of any adverse party,
such Judge shall proceed no
further therein, but another
judge shall be assigned to hear
such proceeding" The affidavit
can hardly be considered to
have been filed timely" The
United States Attorney waited
to file 1t until after the matter
had been reviewed by the Court
OF Appeals and after a second
indictment was returned on two
additional counts.
2. The affidavit says: "On the
Motion to Dismiss it was not
proper for the judge to refer to
background" and evidentiary
matters developed in the course
Of the Tydings and McCarran
Hearings f". This is strange.
AS the Court of appeals said:
THE Government, in it's Points
and Authorities, filed March II,
1858, in the District Court in
opposition to the Motion TO Bis
miss, not only referred to but
quoted extensively from the
hearings" Moreover, the United
States Attorney, in support of
his oral arguments before this
court. referred extensively to the
committee hearing (see certi-
fled record of official court re-
porter, Criminal No. 1879 SO,
United States of America v.
Owen baltimore, April s, 1858,
PIP. 1890. 1895, 1O3. J06-
128-131, 1856. 148-149. 155-l57,
l63-l65).
Evening star., 1954-10-24
Text of YoungdohI Statement

The teTt OF the nenordn-
dunn OF Judge Youngdahl in
the baltimore case tollo1Ds:
The United States Attorney has
filed an affidavit of bias and
prejudice against me. A Special
Assistant to the Attorney General
has certified that the affidavit
is made in good faith. /.
The affidavit asserts that
have a fixed opinion" that the
defendant baltimore is innocent,
and therefore, in order to Gin
sure a fair and impartial
trial" I should disqualify my
self. In support of these charges
the affidavit relies on certain
language in the memorandum
opinion setting forth my rulings
dismissing certain counts of the
original indictment.
The Government appealed from
my rulings and our Court of
Appeals, sitting en- banc, reviewed
them. Eight of our nine distin-
guished appellate judges sus-
tained me in dismissing the most
vital count in the indictment.
Four of the nine judges were for
sustaining my action in toto.
There is nothing, and the present
affidavit makes no claim that
there is anything, in any of the
views expressed by any of our
nine appellate judges that gives
the slightest color to the charge
of bias against me. 2.
Did Not Ask Review.
The Government did not ask
the Supreme Court to review
the action of the Court of Ap-
peals. Hence, the Government
must have believed there was
no valid basis within the judicial
process for pursuing further re-
view of my rulings in the case.
The lack of such valid basis,
however. neither exhausted nor
restrained the resourcefulness of
the Governments legal represen-
tatives in this litigation. They
filed the present affidavit.
Under applicable law, can
not concern myself with the
truth or falsity, but only with
the legal sufficiency of the allie
cations Of fact on which the
affiant bases his charge of bias
and prejudice. I note, however,
that these allegations, as dis
tinguished from the inference of
prejudgment that the affiant
would derive from them, are
plainly true. The factual allega-
tions are simply that in taking
judicial action in this case I
used certain words. These words
cannot reasonably be thought to
"give fair support" to an infer
ence of bias and prejudice. More
over, the Supreme Court de-
termined long ago e.. that the,
bias or prejudice which can be
urged against a Judge must be
based upon something other than
rulings in the case" Berger VS..
United States, 255 U. S. %, 81.
Obviously, therefore. it must be
based upon something other than
Evening star., 1954-10-24
Textbook Plant
Opened in Koreu
BY the Associated Press

SEOUL. - South Korea's first
modern textbook printing plant
has been opened at Yongdungpo.
near Seoul.
1t was built at cost of $780,
600 with the help of United Ma
tions Economic, Scientific and
Cultural Organization and U. N.
Korean Reconstruction Agency
funds. It will print about 80
million textbooks a year.
Evening star., 1954-10-24
Sunny, 75-Degree Day
Forecast for CAPITAL

Washington today was slated
for more of that made-to-order
weather.
With obvious relish. the fore
caster promised sunny skies ac-
companied by a mild 75-degree
high in the afternoon.
Last night was a clear, star
studded evening in which the
temperature dropped to the mid
40's in the city and to a nippy IS
degrees in the suburbs.
Evening star., 1954-10-24
kirn
Continued From First Page. }

As the paralysis moved in
ward and touched mis- lungs,
certain: even if it doesn't, life is
uncertain. II
Capt. Kirn lost the power to
breathe. He was put into an
iron lung and the machine took
over the respiration cycle.
i He lost the power to swallow,
I SO he was fed intraveneously.
The situation was bad, but
1t became worse. He developed
pneumonia. His lungs had nc
power, so he couldn't cough up
the mucous. A "caf1ator" was
brought in to pump his lungs
clear through a tube inserted
: down his throat.
But the lack of adequate mo-
ton for the lungs caused the
mucous to begin to harden and
! cake. The doctors rushed in
{ with another weapon-a deter
gent. This material, much like
that used for laundry work, was
fed in with oxygen. It broke
up the caked material and the
caf1ator pumped it out. The
pneumonia, with the help of
antibiotics, was beaten.
ImmObile for Weeks.
Capt. Kirn was alive-but not
; very much alive. Through days
and weeks he lay immobile, en-
tirely aware of everything that
went on, but unable to feel, to
move a muscle, to speak.
When the attack struck on
March /. Capt. Kirn weighed
163 pounds. After six weeks he
had dropped to an estimated 80
pounds. Long disuse of muscles
caused atrophy.
But by midsummer he was
on the road back. He could eat
and talk and sleep-and breathe
without the iron lung. His mus
c,es developed. Then he was out
of oed. in a wheel chair. And
{ then some first. careful steps on
crutches. Part of the therapy is
much like that for post.polio-
{ myelitis treatment. He swims,
with now strong arms and stead
: lily stronger leg muscles.
Now he is talking about get
ting back to flying Navy planes
before the year is ended.
Four Navy doctors led the fight
to save his life--Lt. Stephen r.
] Mills; Capt. Anton Sikmund,
chief medical officer at the hos
. pital; Comdr. George E. Vaupel,
physical therapy specialist. and
1t. Martin E. Elipse, chest expert.
Evening star., 1954-10-24
Won Neumunn
Continued From First Page. }

uralized in 1897. He has been a
member of the General Advisory
Committee OF the Acc since
1852, consultant to the Central
Intelligence Agency, president of
the American Mathematical So
ciety and member of the
scientific advisory board of the
Air Force.
He worked at the Los Alamos
atomic bomb laboratory from
1943 to 1945.
Testified for Oppenheimer.
Testifying at the security hear
ing for DR.. Oppenheimer last
April, DR.. Won Neumann said
that he had no doubt as to the
loyalty of the wartime director
of Los Alamos, whom he first
met in Germany in 1926. He said
he did not consider DR.. Open
heimer a security risk.
DR.. Oppenheimer later was ad-
judged a security risk by the
Acc and his clearance for clas-
sified Government information
was suspended. He recently was
reelected director of the Insti-
tute for Advanced Study.
DR.. Won Neumann, who was
called as a witness by DR.. OPP
penheimer, also testified at the
hearing that his associate took
the decision for an all-out H
bomb program with very good
grace and co-operated."
The new commissioner had
been asked whether DR.. OPP
penheimer was holding back in
the effort to develop the bomb.
He added that DR.. Oppenheimer
gave very constructive" help.
DR.. Oppenheimer attempted to
persuade him to accept his view
that an all-out program should
not be undertaken, he said, but
denied that there was any pres
sure" exerted.
Asked about the Chevalier in
cident which involved an ap-
proach to DR.. Oppenheimer in
1943 for information which was
to be passed on to the Russians,
DR.. Won Neumann replied:
Look, you have to view the
performance and character of a
man as a whole. This episode, If
true, would make me think that
in 1912 and 1943. he was not
emotionally and intellectually
prepared to handle this kind of a
job: that he subsequently
learned to handle it, and han
died it very well, I know.
Unknown Universe"
II would say that all of us in
the war years I mean all
people in scientific technical oc-
cupations got suddenly in con-
tact with a universe we had not
known before :.
1--WE were involved in a tri-
angular war and two of our ene-
mics had done suddenly the nice
thing Of fighting each other
This was a very peculiar situa-
ton.
"None Of us had been edu-
Gated or conditioned to exist in
this situation, and we had to
make our naturalization and our
code of conduct as we went
along"
Last June before the House
Government Operations Com
mittee, DR.. Won Neumann had
some sharp criticism of the per-
sonnel security system.
legal No-Man's Land"
fright now we are with Sc
curity in legal no-man's land,"
he said, recommending that
Congress enact legislation to
remove the security program
from the administrative to the
judicial area"
He said that there is a Every
= l.
Evening star., 1954-10-24
Four lrunions Doomed

TEHRAN, Iran, Sunday, Oct.
"a (P.-An army tribunal early
today sentenced four more
Iranian security officers to death
as Red spies. The court sent
fenced seven others to life i'm
prisonment.
Evening star., 1954-10-24
Top Business Women.

ATLANTA. Oct. % (P).-Mrs.
Lillian kirkpatrick, mayor of
Roundup, Mont, and former
president Of a coal company,
was chosen American Business
Woman of the Year" by the
American Business Women's As
sQciation here today.
Evening star., 1954-10-24
Disqualification Plea
Recalls Two Cases
OF Similar Nature

Filing of affidayits Of bias by
Government prosecutors against
Federal judges, while rare, ha.
been done at least twice, record.
show.
A Judge O'Brien, sitting ir
Federal District Court in Mich
igan about eight years ago. re-
fused to disqualify himself de-
spite a Government contention
that he was prejudiced. But the
judge was overruled by the APP
pellate Court.
The case slated for trial in
volved an investigation Of q
bank. The Government based
its affidavit of bias on the
grounds that Judge O,Brien had
made comments to the effect
that there was nothing to the
case and the indictment never
should have been brought. The
affidavit also made the allega-
tion that Judge O'Brien's wife
owed money to the bank.
Goldsborough Case Cited.
After some legal maneuvering,
Judge O'Brien's refusal to step
out of the case found its way to
the Circuit Court of Appeals.
That court found that the
judge should have disqualified
himself on the grounds of his
comments about the case. The
court said it was not concerned
about the debt angle.
In Washington, in 1912, Fed
eral Judge T. Alan Goldsbor-
ough, now dead, withdrew as
presiding Judge from the trial of
George Sylvester Viereck after
the Government attorney had
filed an affidavit of bias.
The affidavit was filed by Will
liam Power Maloney after a
stormy session with the Judge
who had refused to grant Mr..
Maloney a delay in the trial
date.
Prejudice Charged.
Mr.. Maloney charged that the
Judge had shouted to him: Get
this into your head. I am going
to try this case and no. one
else."
It was further charged that
the jurist had declared: "I don't
give a about the Govern
ment's position"
The prosecutor asserted the
Judge had shown prejudice
against the Government.
Judge Goldsborough at first
refused to step down. 1t was re-
ported that Solicitor General
Charles Fahy, now a judge of
the appeals court, was prepar-
ing a petition for a writ of man.
damus to have the appellate
court order the judge to with
draw.
But after a conference between
the judge and Government coun-
sci. the iurist agreed to with
draw If the affidavit were with
drawn also. This was done and
the case went to trial with
Judge F. Dickinson Let's pre-
siding.
Ordered Removed.
During the trial, Attorney
Emil Morosini Viereck's attorney
made charge of bias against
Judge Let's. The latter ordered
Mr.. Morosini removed from the
case. .gr .saa 80
Affoavlts of bias frequently
are filed against judges by de-
tense attorneys. In these cases
the judge usually withdraws
automatically.
Attorney Thurman Arnold,
whose law firm represents Mr..
baltimore, asserted that Mr..
Rover's affidavit was "mprece-
in that in Mr.. Arnold's
view, it was based solely on
Judge Youngdahl's ruling which
dismissed the four counts.
Hungry Horse news., 1954-09-24
Potters Buy NJ. c. Fountain

MARTIN CITY-This week saw
Mrs. Elsie Potter and her eldest
son, James, purchase The Fountain
in Martin City from MIR. and Mrs
Chris Chef.
The Potters came to Martin City
from Great Falls in 1947 with Mrs
Potter establishing the Forest
Lawn Real Estate office. Jim then
went to San Francisco attending an
optometry school, and two years
ago went on active duty in the
Army. He had been in the reserve
He is presently on terminal leave
and is captain.
Another son, Bob, is in the
Navy, while the youngest son,
John is a fifth grader in Martin
City.
Returning to make their home
in Martin City, the Potters plan
extensive remodelling of The
Fountain, which is one of the first
businesses in the community. In
addition to the fountain, there are
sandwiches and coffee, drugs and
Sundries including magazines,
films, gifts and souvenirs.
The Chefs intend to continue
living in the area.
Hungry Horse news., 1954-09-24

him in the eye when he was out in
the woods getting wood. DR.. Hug
gins removed the bark, Monday.
He is getting along fine, although
it is very painful.