davidaulloa/AmericanStories huggingface dataset:
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06

From the WESTERN NEWS, Hamilton
The past week-April 24-30-was
proclaimed by Gov. Hugo Aronson as
Montana Conservation Week" AS
such it was sponsored by the Montana
Conservation Council.
The Montana Conservation Council
has for it's purpose "the stimulation
of cooperative action by all Montan-
ans for the benefit of this and future
generations"
Certainly no one should quarrel with
this worthy objective.
The only trouble is that people pos
sess different ideas about what is the
proper use and management of natural
resources.
Conservation includes not only the
saving of the top-soil. the estoppage
of erosion, the protection of water
sheds through prevention of over
grazing and salvation of at least some
of the surviving bits of forest, but it
also includes the hating of pollution
of our streams, the checking of the
carry-off of soil by rampaging flood
waters, the avoidance of floods.
Natural resources cover a wide
field. They embrace not only the soils
for crops and for animal husbandry,
not only the water in the streams, but
also the water within the ground, the
minerals below earth's surface, and
the oil reserves, coal deposits, hydro
electric potentialities.
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06

the rehearing request have been filed
by:
Leo Graybill, Jr., Great Falls; JOS
eph M. Golden and Lee A. Jordan
Missoula; William T. Kelly and James
F. Battin, Billings land Left Erick-
son, Helena.
Arguments for a rehearing center
around the definition of heart failure
in Montana Worknen's Compensation
law, and whether the Supreme Court
can reverse an opinion by the Indus
trial Accident Board and the District
Court on the basis of material before
them in this case.
Attorneys McChesney and Small
for Liberty National Insurance Com
pany and Taber Tank Lines say, in
defining accident:
%. an accident must result from
some incident which happened I'M
expectedly and which could be identi-
fled as to a reasonable and definite
time and place, as distinguished from
a heart failure resulting merely from
the efforts of the employment +. !. :"
And, g. if this current decision
is to stand there will be no reason
why the same conclusion could not
as we'll be reached in cases of dis
ability or death as result of sill
COSTS or as the result of any disease
or disability !"
They ask, 6. is the court going
to be prepared to use the same kind
of determination for accident in cases
arising under other kinds of insur-
ance, for example, under health and
accident insurance, where it becomes
material to determine whether death
was the result of accident or of natu-
raj cause?"
Mrs. Rathbun's attorneys Hannah
and McAIear say:
g. Despite fears that the prin-
,iples announced Tin the Angstman
lecision) will be carried to awards
n silicosis cases it would seem that
(those) fears are not well-founded.
q. Workmen's Compensation de- |
,rived laborers of their ancient COM
actions against employers
or work connected injuries and |
leaths and we think the legisla-
ure intended to substitute in lieu /
# the missing action complete cover |
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06
CITY, COOP May JOIN FORCES
FOR Cheaper POWER

big enough to serve it's own members
and the city. Rural Identification
Administration has okayed an So mil
lion loan for such plant.
To thwart this partnership, Upper
Peninsula Power Company offered
to buy Escanaba's city-owned sys-
tenn. But voters defeated this pro-
posal 2-to-1, April a. The vote was
1,768 to sell; 3,479 against.
Since then, Upper Peninsula has
made another offer. 1t wants the city
to build a power plant with revenue
bonds. Then it proposes to lease the
plant and sell power to Escanaba at
lie kilowatt hour. The city would
also pay an taxes on the plant.
The coop earlier had offered to-
sell power to the city at Loco kilo-
watt hour. 1t would pay $4,000 a
year in state, local, and school taxes
that the city-or its citizens-would
have to pay under Upper Peninsula's
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06

the stream to kill fish, to make the
water unsafe as potable, to stink
and threaten the very people who had
ruined it with their poisons in its
bosom.
Down into the bowels of the earth
delved men, seeking the precious ores,
coal and petroleum that provident
nature had hidden.
America is comparatively young,
less than 500 years old, measured by
the white civilization. The Old World
with its forgotten civilizations ten
thousand years old, has long since felt
the ravages the New World is now
experiencing. However the tempo of
modern exploitation is so intense
America has been ravaged with in
credible celebrity. Even now the Old
World is only being pumped of its oil.
The efficiency of despoilation in
America has been SO high that in the
course of less than half millennium
we have caught up with Ten Thou
sand Year Old Eurasia!
| believe in conservation but [ am
dubious about its success. Too many
people are more interested in extract
ing the last cent of profit from exploit
tation of natural resources. They will
pirate about conservation, but in too
many cases their adherence will be to
the extent of conversation, not con-
servation.
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06

W III GdO dis.
His widow, Mrs. Ruth D. Rathbun
filed a compensation claim with thu
Industrial Accident Board under pro
visions of the Workmen's Compensa
tion Act.
The Industrial Accident Board de.
MED the claim and Mrs. Rathbun.
through her attorneys F. N. Ham
man, Poison, and J. H. McAlear, Red
Lodge, appealed to the District Court
where the findings of the Industrial
Accident Board were upheld and the
claim was again denied.
Next Mrs. Rathbun went to the
Montana Supreme Court, where on
March 25th, Justice Angstman wrote
an opinion reversing the District de-
cision and the findings of the In
dustrial Accident Board.
Judge Angstman's opinion was con-
Cured in by Chief Justice Adair,
Justices Bottomly and Anderson.
Justice Davis wrote dissenting
opinion.
In the majority decision Justice
Angstman said Rathbun's death was
an Industrial Accident within the
meaning of the Workmen's Compen-
sation Act.
Taber Tank Lines, Inc, and Liberty
National Insurance Company (for-
merly Idaho Compensation Company
through their attorneys HI. L. Nc
Chesney and Floyd O.. Small, Helena,
did not like the Supreme Court de-
cision and Immediately asked the
court for re-hearing. They were
joined in their stand by attorneys
for other employer groups in the
state as friends of the court"
The Supreme Court ruled only in
dividuals could file friend of the
court briefs, so presently eight have
been filed on both sides of the ques-
ton of re-hearing.
Briefs supporting the rehearing re-
quest by Taber Tank Lines and the
Liberty National Insurance Co. have
been filed by:
Coleman, jameson & Lamey, Bill
ings; Murphy, Darlington & Pauly,
Missoula; Wesley w. Wertz, Helena;
Arthur Lalime, Butte; Howard G. |
Burton, Great Falls; Frank /. Haswell, |
Whitefish land Sam D. Coca, Helena.
Briefs asking that the tribunal deny |
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06

get a second chance with the same
material"
Left Erickson opposes a rehearing
and supports the Angstman opinion
and defines 'an accident" as San
event happening without any human
agency, or if happening through hu
man agencies, an event, which under
the circumstances is unusual and not
expected to the person to whom it
happened :. In the term accidental
injuries the substantive injury ex-
presses the notion of thing or event,
that is, the wrong or damage done
to the person, while accidental quail
flies and describes the noun by as
cribing to injury quality or condi-
ton of happening or coming by chance
or without design taking place un-
expectedly or unintentionally" and
he cites an opinion in which the court
ruled, g. nothing more is required
than that the harm :. shall be UNI
expected 1t is enough that the
causes themselves known and un-
usual, should produce a result which
olI particular OCcdSlOH is HeICHeT
designed nor expected. The test as
to whether an injury is unexpected,
and so, if received on single occa-
sion, occurs by accident is that
the sufferer did not intend nor ex-
pect that injury would on that partic-
ular occasion result from what he
was doing"
The Goldman and Jordan brief was
short and opposed the rehearing.-
GGB.
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06

age for work connected injuries"
They add, an invisible injury is as
important as visible injury and
the important uestion is g. did this
injury cause this mans death, if so
did it arise out of and was it reason
ably traceable to the work which he
was doing within the scope of his
employment"
Mrs. Rathbun and her attorneys
feel the decision written by Justice
Angstman and signed by the majority
of the court is scholarly, well-writ-
ten, shows great deal of research,
due deliberation, careful inspection
of the transcript and full considera-
ton of the arguments and briefs of
both parties"
Coleman, Lamey and Jameson, Bill
lings, join friends of the court for
rehearing and say if the decision
stands it will 6. compel employers
neither to employ nor to continue
in their employment persons who have
heart disease or heart trouble or
who are predisposed thereto" and
they believe the high court must rule
on the credibility of the evidence and,
"they cannot set aside the findings
of the Industrial Accident Board and
the District Court if it is reasonable
such conclusions could be reached,
even if the high court wouldn't reach
the same conclusions from the same
evidence. They further submit 'tthere
can be no compensation in Montana
for an injury or death which does
not arise out of the employment"
Wesley Wertz, supporting the petit
ton for a rehearing says in his brief,
q. . here there is no identifiable
force or violence which aggravated
the heart condition of the deceased
and caused his DEATH" and that, "the
point to be determined in any Work
mems Compensation case is whether
that occurs in the course |
If employment is the cause of death
II disability even though the work
zen may be suffering from disease"
Lalime, Haswell, Burton and Coca
ay Injury or Injured refers to
IN injury resulting from some for
iutous event, as distinguished from
he contraction of disease"
These employers attorneys say
that the federal law covers this
type of fatal injury as well as the
laws in many other states, but that
Montana law can not cover them
until the words 4sas distinguished
from the contraction of disease"
are stricken from the statutes,
which the people of Montana act
ing through their legislature have
for 40 years repeatedly refused to
do and as recently as the legislative
session just passed.
Many of the briefs for the en- {
loyers who are asking that this case |
e heard again in the high court
aution that this decision will re- {
uire physical examination of all {
Employees and the discharge of every {
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06

ESCANABA, Mich.-( CNS) This
city of $4,000 people and rural cleo
trio coop may form sort of partner
ship that will mean cheaper power
for both.
The city owns its electric distribu-
ton system and has been buying pow
er from a factory here. But the in
dustry soon will need all the power it
generates, so the city must look else
where. 1t has been paying lac kilo-
watt hour for wholesale power.
Alger-Delta Coop Electric Asso-
citation at Gladstone also has its own
distribution lines, and it has been
buying power from Wisconsin Michi-
gan Power Company for 1.3c kilo-
watt hour.
The coop is willing to build plant
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06

employee found to have heart condi-
ton, and that it would raise insurance
rates under Plan III insurance.
Murphy Darlington and Pauly in
a long brief cover most of the same
points as covered by other attorneys
who speak for employers and add
that the federal act is $50 much
broader and so much more compre
hensive than the Montana Workmen'5
Compensation Act" and the only way
Montana workers can be as well COW
cred would be for the legislature to
with the federal act. They add, g. -.
group of cases (cited in the ma
jority opinion) have been assembled
by certain advocates of one theory of
compensation and are being placed
before the courts in an effort to
abandon the clear letter of the statute
and to enter the field of judicial legis-
lation under the age-old guise of in
the statutes" In conclusion
they say, 9. labor unions and similar
groups should oppose the views ex-
pressed in the majority opinion .
because the results are most damaging
to the labor forces and particularly
the older members"
Attorneys who believe this case
has had its day in court and oppose
a rehearing as friends of the court"
Justice Angstman's position
in their briefs.
Kelly and Battin of Billings suggest
the only thing that might have been |
overlooked that would require re-
nearing was the eight-hour day pro-
vision in the Constitution.
Leo Graybill, Jr., Great Falls, in
opposing a rehearing says, g. the
appears not to be that the
court overlooked the statutes but
hat the respondents (Taber Tank
lines and Liberty National Insurance
do not like the result the
ourt reached" and the petition for
rehearing is "plain attempt to
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06
Angstmon Opinion Brings
Legal verbiuge Over workmen' S
Comp. Act Interpretation

Paul G. Rathbun 35 years of husband and father OF
two children December A. 1862 at the wheel OF Iaber
Tank Lines truck failure after driving 70 out OF 70
26 necessary him from Great Fails
to Poison and back and from Cut Bank to Kelvin
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06

Governor Aronson appointed III. l..
McChesuey to Craftsmanship of the
Industrial Accident Board April 30.
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-05-06

DEMAND THE UNION LABEL.
Evening star., 1955-03-04
DeodIine 10 Tonight
For Sunday Won't Ads

The deodline tonight for wont
ods to be published in The Sot-
urdoy or Sunday Stor is 10
o'clock by telephone or 9 o'clock
OF the business counter in The
Stor lobby.
Becouse it produces the best
results, The Stor publishes more
clossied DDS thon the other Wosh-
ineton newspapers combined.
II you wont to rent. hire, buy,
trode or sell, tell it to the long
established audience Of The Stor
reoders. You'll enjoy fost oetion.
It's cosy to ploee an I'D in
The Stor Classified. Just phone
Sterling $1,000 end osk for on
Ad-Toker.
Evening star., 1955-03-04
THOs. J. OWEN & son, AuctioneeTs
iii + ST NV

Trustees Sale Of Valuable FOUR.
APARTMENTS. KNOWN AS PREM
1SES l417 BELMONT STREET ny
BY virtue Of Deed OF Trust re-
corded in Libcr No, lO222. at Folio
23l Of the Land Records Of the
In front Of the premises on TUES
DAY THE EIGHTH DAY OF
MARCH AID. 1859, AT TWO
THIRTY O'CLOCK PM. Lot mum.
bcred Forty-eight CdSI and the east
- feet BY the full depth Of Lot
numbered F0rty-nine l49I II the
known as South Grounds Of tie
recorded in the once of the Sur
vevor for the District OF Columbia
in Liber District J., at Folio 16;
said described land being taxed as
Lot S@4 in Square 1864.
Terms Of f. Sale All cash; Deposit Of
~, 10000 required at time Of sale
Terms Of sale to be complied with
within thirty DAYS from date OF sale,
otherwise the trustees reserve the
riEht 10. resell the property at tho
risk and cost OF the deiaulting pur-
chaser, after Ave days advertise
ment Of such resale in some news.
Columbia, or deposit NAV be for
feited, or without forfeiting deposit
trustees may avail themselves Of
any leeal or equivalent rights asainSt
defaulting purchaser Further pRrti-
culRrs at time OF sale Adjustment OF
Real Estate taxes 70 date Of sale Al.
eonveyancinE, recording and revenue
stamps. etc. a. cost nf purchaser
SAMUEL SCRIVENER, IT,.
JUNIOR p CROWELl,
ft25 2s-mh2.4,7 Trustees.
Evening star., 1955-03-04
MICHAEL J. LANE AND
EUGENE r. LANE. Attorneys,
Columbian Building.

UNITED STATES DISTRICT COURT
for the District OF Columbia. Hold.
Ing Probate Court.--EState el
Rosa RiSdon, Deceased No, S7.241'
Administration Docket S2,-Ap-
plicatiOn having been made herein
for probate OF the last will and
testament Of said deceased ,anc for
letters teStameutREv on sad estate.
by Adele E ]. Smith, it Is. ordered
this 3rd day of March. AID, in50,
that Elmer s. JuSth and Hariord
Justh. nOn-reSidents and. all others
concerned appear in said Court on
Monday, the / tn day Of April. AID.
1853. al 1000 O'Clock A NJ. to show
tause Why such application should
nor he granted, Let notice hereof be
Reporter and The EvcninS star
once In each Of three successive
weeks before the return day herein
mentioned. the frst public alton to
be not 'oSS than thirtS days before
said return day. witness. the Hon.
orable BOLITHA J. LAWS, .Cn.el
Judre Of said Court, this 3rd day OF
FRANK J BuRKkRT. Deputy Res.
ister Of Wills for the District o.
Columbia, Clerk OF The Probate
Court. mh4.lllS
Evening star., 1955-03-04
JAMES j. GoRMAN, Jr.. Attorney
Columbian Building.
Filed Jan. IL. 1855. Harry M Hull

IN THE UNITED STATES DISTRICT
COURT for the District of Colum-
bia-FRANK SMALL. JR.. INC.
Plaintiff. VS.. The Unknown Heirs
Deyisees. or Alienees of LUCY A
JACKSON, Defendants.-C Action
No. 5254-54.-ORDER OF PUBL
CATION.-The object of this suit
is to establish of record plaintiff S
title to real estate situate in the
District Of Columbia known for pur-
poses of assessment as Lot 912 in
Square 5S65. more particularly de-
Scribed in the complaint filed herein.
On motion Of the plaintiff it is by
the Court this 18th day of January.
1855. ordered that the unknown
heirs, devisees. or alienees of Lucy
A. jackson cause their appearance
to be entered herein on or before
the first rule day occurring after
the expiration OF three months after
the first publication hereof. other
wise this cause will oe proceeded
with as in case OF default: provided
d copy of this order be published
twice month tor three months in
the WASHINGTON Law Reporter and
The Evening star before said day
Isl R. B. KEECH, Judge: tSea! }
A True Copy Test: HARRY M
HULL, Clerk. BY MARGARET J
UNGER, Deputy CLERK.
Evening star., 1955-03-04
GEORGE Z. MeMURRAY. Jrs
Attorney, 1899 i8th 81. N.Ws
WashinKtan &. ID. c.

Order PubIicatlon-Absent Defendant.
Filed Fe6. 16. 1855. Harry n. Hull.
Clerk.
UNITED STATES DISTRICT COURT
for the District of Coiumbis.-
VIOLET HEMING CLARK, Plaintiff
VS.. E E. PERSHALL Ell Al. De-
fendsnt.-No. 2S2-55.-The object
OF this suit is to remove a cloud on
the title TO real property located at
Lot 30, Square 251O being known
as 223O Que Street. NV, wash
ington. ID. c.. for damages for in
reference with a contract for the
sale Of said property. for the con-
struction of a VIII, and for Other
relief On motion Of the plaintiff II
is this 10th day Of February. 1855.
ordered that the defendants, Champ
Clark. Kimbal Clark, and Bennett
Marsh Clark, cause their appearance
TO be entered herein on or before
the fortieth day. exclusive Of Sun
days and legal holidays, occurring
after the day Of the first publica-
tion of this order; otherwise the
cause will be proceeded with as in
case of default. Provided, a copy
of this order be published oEce q
week for three successive weeks in
the Washington Law Reporter, and
The Washington Evening Star be-
fore said day. 49, r. B. KEECH,
Judge. tseal) Attest: HARRY NJ.
HULL. Clerk. By MARGARET J
UNGER, Deputy Clerk.
Evening star., 1955-03-04
fHOS. J. OWEN g. son, Auctioneers,
iii + ST. NV.

sToeY Row e5S q RR1cK leiSSot5 BwEEEiNG EESE
BEING KNOWN AS PREMISES
NSSMsTIERvII4 NSMBER II45 COLUMBIA ROAD
By virtue Of certain deed Of ,rast
ords of the District of Columbia
and at the request of the party Sc
cured thereby, the undersigned
trustees will sell. at public auction
II front Of the GfTTSf premises On TUES 6E
MARCH. A.D, 1858, AT FOUR
described land and premises. stu
ate in the District Of Columbia. and
DESIGNATED as and being Lot 80 in
Mitchell hell Jr's sg5dyision H6i,i;,st Of L1t 9
as per plat recorded in the Once
Of the Surveyor for the District Of
Columbia. in Liher IA, at Folio II i.
Said Block 35 now known for pur-
poses OF assessment and taxation as
Square 2S49.
Terms: Sold subject, to a prior tbui!d-
ing association deed of Trust for
approximately SS,4T0,64 further
particulars OF which viii be an
nounced at time OF sale. the pur-
chase price above said trust to be
paid in. cash. A deposit Of $500. 90
required. Conyeyancing, recording,
etc. at purchasers cost, ADJUST
mentS made as OF date OF sale.
Terms to be complied with within
thirty days. otherwise deposit for
felted and the property may be ad-
vertised and resold at the discretion
OF the trustees.
JOSEPH f. BRUNO,
Substituted Trustee.
Civil Action No. 4473-54
fe16 oS-mhn 4
Evening star., 1955-03-04

rHT rcHhERR. SAiNFE iMNFETRoPoI1TAN PoLicE
NEW MUNICIPAL CENTER: 900
INriANA AVENUE, NV, is HOLD
ING MISCELLANEOUS UNCLAIMED
PROPERTY DEPOSITED DURING
AND PRIOR TO THE MONTH OF
FEBRUARY. 1865, DEScRIPTIEC,EE DESSS.cPI ~, I,
BULLETIN BOARD IN THE LOBBY
OF THE NEW MUNICIPAL CENTER.
Evening star., 1955-03-04
SALESMAN. nish caliOeT. national or

hiEh caliber. national or.
ganization. excel sal. and comm.
AIS 5th st. NV. Rm. Az. TO pm.
high ealiber, accustomed
TO deslins with better .r,f fisSs so Of di eIien-
10 an. to pm. daily. Do not
phone, apply in person only at s44S
for mems furnisn!ns,
store Exper. preferred. ExeelIent
AppiV MIR. MuNAKER. MAJ NATIONAL
SHIRT SHOP. 432 eth st. NV. -
Jewish faith; age $3.50.
typine ability. eood phone voice.
manage small once; shipping and
outside sales calls; sos week. IL.
S SALESMAN An unusual opportunity
for the right man. We are q new
company manufacturing an SLIP.
riding garden tractor and attach
ments, sales are made primarily TO
wholesale distributors. Since we are
gram. extensive travelling is REQUIRED.
The man we want should be youngt
energetic. handy with tools, and
should know something a50nt farm
ins ssrdening and gasoline en-
sired: but not absolutely necessary;
excellent compensation, all expenses
paid and transportation furnished.
Call Parkway 5-2l6l. hetween s am.
and 1870 pm, Monday throueh
Friday or visit our oiant. COPAR
NC u Avondale st laurel. Mo
kinds of excel. OPEN
ings. local and travelling few to re-
locate; $4,000 to $1,000. BOYD'S,
zoo 18th st cor. G.
SALESMAN. TN and appliance; work
for Washingtons largest and great
est dealer: plenty of leads: high
commission; company benefits; must
have car. Apply in person. See Mr..
Fred Kahn. GEORGES WARE
HOUSE oI16 9th nj ne -6
Evening star., 1955-03-04
PLASTIC AND ADHESIVE
ENGINEERS

in resin and foam plaStics
eValuatlon. or experienced in lami-
nation and bonding.
Evening star., 1955-03-04
Real Estate Statesmen

aggressive real estate statesmen wanted
Immediately for Well-estabNshed
brokerage office. which is rapidly
expanding. Call INTERSTATE REAL
TY co. INC, OIL. 4-O642. -6