davidaulloa/AmericanStories huggingface dataset:
The Tribune. [volume] (Roanoke, Va.) 1951-19??, 1956-07-14
News From Hollywood

this one, she'll be an ordinary, fun
loving child.
The Tony Owen-DOnna Reed
TOdOn) production of 81 Was
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17
NewWorninq
From LeMoy

A Senate Appropriations Subcom-
mittee Monday was told bluntly
that the United States Strategic
Air Force would need 1913 billion
in additional funds year if it is
to keep up with Soviet advances in
air power. Added to the SIS billion
earmarked for SAC out of the over
all $3.50 billion already asked for
the Air Force for the fiscal year
1857, this would total nearly SO
million a year for strategic bomber
fleets alone.
Bearer of these expensive tidings
was Gen. Curtis E. LeMay, SAC
commander, who testified recently
that the Russians were turning out
intercontinental bombers at much
faster rate than the United States
was producing the B-52. In sub
stance he repeated his previous pre-
diction that If the present produc-
tions rates remain unchanged the
Soviet Union would outstrip the
United States in strategic air power
by 1958-60.
In another action, the subcom-
mittee appeared to call a six
month halt to the Armys develop
ment program on the controversial
Nike" guided antiaircraft missile.
Details on the action, taken at a
secret hearing. we're not revealed.
but the implication was that neither
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17
BY PHIL YEAGER
And JOHN STARK

In the midst Of warnings Of the
dangers to the human race from
atomic radiation. a new question
comes up: Since the Government
is doing most of the work from
which radiation damage could re-
suit. what is Uncle Sans liability
for such damage?
The answer must be worked out
in the courts over a long period Of
time A start has already been
made. however.
The legal phase Of the atomic
damage problem has three main
elements: Cd the Federal Tort
Claims Act, far-reaching 1916 law
which was 80 years in the drafting:
CD a decision by the United States
Supreme Court, in 1858, in regard
to the Texas City nitrate explosion
disaster: 80 the activities Of the
Government in testing nuclear and
thermonuclear weapons.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17

All these elements as they affect
the central question of ultimate
Federal liability for atomic damage
are currently bound up in a Cali
fornia case known as Bartholomew
Corporation VS.. United States. This
is the only atomic damage suit
against the Government which has
gone to trial. 1t was decided at the
District Court level in favor of the
Government last November. Sew
eral weeks ago. however. the case
was appealed to the 9th Federal
Circuit Court of Appeals. and it is
good bet to wind up in the SUI
preme Court.
The Bartholomae case arose from
damage alleged to be the result of
Nevada A-bomb tests to a group OF
ranch houses $50 miles distant.
Two other cases based on alleged
personal injuries are pending. One
Of these will be tried in Salt Lake
City, the other in Los Angeles. both
may be influenced II not deter
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17

mined by the Bartholomae outcome.
The legal key to the problem APP
pears to lie in the meaning OF a
section Of the Federal Tort Claims
Act.
This law was set UP to recon-
pense those suffering personal or
property damage through the
wrongful acts of the Government
or its agents. In essence, the law
puts Uncle Sam on the same foot
ing as private persons insofar as
liability for negligent wrongs is
concerned. But the law also says
the United States shall not be liable
where the damage complained of
results from "the exercise or per-
Torrance Of discretionary
function or duty on the part OF
Federal agency or an emplOye Of
the Government, whether or not
the discretion involved be abused"
OF course, this raises the ques-
ton. what is discretionary" func-
ton? And when is the Government
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17

acting in a discretionary" capac-
ity?
So far there has been one major
Interpretation. that set out by the
Supreme Court in Dalehite VS..
United States in 1858. The Dale
hite case grew out Of the Texas
City disaster which saw 500 killed
and 5000 injured when two ships
loading Government-own and
manufactured nitrate fertilizer
blew up. Out of that incident came
300 lawsuits against the Govern
ment amounting to 100000, 900.
Dalehite was the case under which
the Supreme Court exonerated
Uncle Sam of liability on the
grounds that he had been acting
at the time in a discretionary"
capacity.
The court laid down the rule that
Federal activities "responsibly made
In the exercise of judgment at a
planning rather than an opera
tional level" and involving CON
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17
Showdown on Visiting

President Eisenhower settled, for
the time being, the question of a
visit by the Joint Chiefs of Staff
to Moscow. From his hospital bed,
the President approved a reply to
a Russian proposal that would have
paved the way for an invitation to
the Joint Chiefs to attend the Soviet
Aviation Day ceremonies in Moscow
on June "a.
The reply ruled out such an in
vitation as "impracticable," and
stated further that in any event
not more than two of the Joint
Chiefs would be permitted to visit
the Soviet Union at the same time.
Future policy on such visits, the
reply stated, would depend on the
report made by Gen. Nathan F.
Twining. Chief of Air Staff, on his
return from Moscow.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17

siderations important T. to
the practicability Of the Govern
ments program" are discretionary
functions immune to suit.
In short. the idea seems to be
that II damage arises out Of routine
"operational" Government activi-
ties (such as the daily training OPP
erations of military aircraft, etc.
Uncle Sam may be liable. If it
arises from activities carried or in
the flrtherance of policy-making
or planning" Uncle Sam is in the
clear.
The District Court in California
based its decision in the Bartholo-
mae case on what the Supreme
Court said in deciding the Texas
City matter. Atomic test explo-
sions carried on by the Govern
ment. it concluded, are "discre-
tionary" activities for which the
Government is not liable.
But whether the Appeals Court
Continued on Page A-26
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17
Truman Aides
Found Guilty

Two men once high in the Tru-
man administration, Matthew Con-
nelly and T. Lamar Caudle. were
convicted Thursday in st. Louis
OF conspiring to fix an income tax
case.
Mr.. Connolly, former appoint
ments secretary to the President.
and Mr.. Caudle, assistant attorney
general until ne was fired by Mr..
Truman. could be sentenced to FIVE
years in prison and fined $4,000
each. They mad been accused Of
trying to sldetrack prosecution Of
a shoe manufacturer who even
tually was indicted and convicted
Of tax evasion.
Mr.. Caudle, who will be remem-
bered in Washington as a man
easily brought to tears, told re-
porters after the verdict. Il want
you to know that my conscience is
so clear and so open that when
I face God. sweet children and
my friends. will have no apologies
to make for anything I have DONE"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17
THE TRANSIT CRISIS
THE TRANSIT CRISIS
New Owner for CTC?

Commissioners, started drafting a
report from the city heads to House
and Senate conferees on the transit
crisis. The report was intended to
take apart the franchise demands
of National City Lines and demon
strate that, although the Commits
sioners insist they favor continual
ton of private ownership, this was
an unsatisfactory version.
The argument leaves the Com
missioners room only to support the
Chalk Did (which Mr.. Mclaughlin
indicated they might do) or repeat
their urgings that Congress set up
a publicly owned Washington
Metropolitan Transit Authority to
take over the system two months
from now.
A version Of this proposal was
approved by the Senate several
weeks ago.
The House. on the other hand,
passed bill about the same time
to restore the dying franchise to
Capital Transit with special tax
concessions and changes in regu-
latory procedures of the District
Public Utilities Commission. The
Commissioners didn't like it.
Conferees Compromise
House and Senate conferees,
faced with the problem of trying
to reconcile the two widely diver
gent bills, agreed to recommend
restoration of the franchise to etc
if firm proposal" could be ar
ranged to guarantee that CTC
would buy out it's controlling stock
holder, Louis E. Wolfson, and re-
organize under local control.
The idea had been suggested by
Daniel w. Bell. president of the
American Security & Trust Co. He
made several attempts to work out
some modification of the House
franchise bill which would be ac-
ceptable to the Commissioners, and
to arrange financing with j. A. B.
Broadwater, Wolfson associate and
president of etc. Mr.. Bell dropped
out of the picture when the Ma
tional City Lines purchase was an
nounced.
Mr.. Mclaughlin plans to send his
report to the Conference Commit
tee tomorrow. but maybe asked to
wait until after a meeting between
the Commissioners and National
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17

City representatives Tuesday. OBJ
servers speculated that National
City may be ready to scale down its
franchise demands. which now go
considerably beyond terms proposed
in the House bill.
Then it would be up to the con-
ference Committee. Time, though,
is running out. Congressional
leaders are hoping to adjourn for
the summer in less than four weeks.
Investigation Demanded
How acceptable the lawmakers
will find National City Lines re-
mains to be seen. Senator Wayne
Morse, Democrat of Oregon, one of
the conferees. already has called
for an investigation of the policies
and practices of the company, and
IAN arbitration guarantee in any
franchise that Is granted to any
company"
The local transit workers union,
which has plugged continually for
arbitration of contract renewals,
warned that National City Lines
has a tough" labor policy. fatty
refuses to arbitrate and has a long
record of strikes among its two
score operating companies. Pre-
Sumably, any successful effort to
write an arbitration clause into
franchise for the new National City
Lines subsidiary would make the
terms completely unacceptable to
the company.
Another count against National
City Lines was raised by Repre-
sentative Carl HinShaw, Republican
of California, a conferee. He said
the confereeS ARE seeking private
ownership. I don't know that they
are seeking a so-called private
owner who may be captive of bus
manufacturing company and
Others"
His comment was aimed at Ma
tional City's one-time practice of
taking over streetcar systems and
converting them to all-bus opera
ton, financing the purchases with
money supplied by makers of buses,
tires and petroleum products. The
firm was found guilty in Federal
Court of violating the Sherman
Antitrust Act by monopolistic
purchases from a group of manu-
facturers and oil companies, which
also were convicted.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17
REVIEW OF THE WEEK
Man VS.. Roentgens

by Justice Tom c. Clark, who was
Joined by Justices Sherman Mintoni
and Stanley F. Reed. said. BY
striking it (the executive order)
down, the court raises a question as
to the constitutional power of the
President to authorize dismissal of
executive employees whose further
employment he believes to be in
consistent with national security"
The majority opinion, however.
made special point in saying that
such an employe could be fired by
other methods. if need be.
Good Sense Says Cain
Former Republican Senator Harry
P. Cain. an outspoken critic of the
Presidents handling of security
cases and. member of the Sub
versive Activities Control Board.
hailed the decision as American
good sense" Mr.. Cain added that
the court has affirmed what many
of us have been saying-that it is
neither sensible nor honest to apply
the security system to non-security
jobs"
On Tuesday. the day after the
courts decision, Mr.. Cain told the
Senate Subcommittee on Constitu-
tional Rights that Mr.. Eisenhower
revealed to him in recent White
House conference that he did not
know that there was no distinction
between security risks and loyalty
risks in the application of the law.
He told the subcommittee about
the case of Irving I. August, Korean
war veteran who was dropped from
his Red Cross job after the Army
had called him a security risk. Mr..
Cain said he had told the President
about the August case, and that
the President had become indig-
nant. The next day it was reported
that Mr.. Gains appeal to the Pres
ident had won Mr.. August hear
ing in his case-he had been given
none by the Army, which had la
beled him a risk in answering a
Red Cross job QUESTIONABLE.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17

The administration foreign aid
bill, shorn of Sill billion by the
House although still impressively
larger than last years, turned up
in the Senate last week in search
of succor.
The Senate Committee on For
eign Relations began to fulfill its
customary first aid role by tenta-
lively restoring $500 million in mill
tary assistance money Topped of
in the House and another 500 mil
lion for economic aid to Asian ma
tons. But whether the Senate will
sustain its committees recon-
mendations when the measure
reaches the floor sometime this week
was still a matter for speculation.
The amendment to restore the
$500 million IN military assistance
was carefully worded to mobilize
maximum support on the Senate
floor. Primary emphasis was placed
on. national defense for the United
States in a stipulation that Sis
billion of the total funds were to
be used only for new weapons for
United States armed forces to re-
place weapons "of corresponding
value" to be provided allied nations.
Thus the bills hackers hoped to
provide a patriotic "out" for Sena-
tors who fear their constituencies
are deeply opposed to the idea OF
more military handouts.
Forecast of Trouble
But the 9-to-5 vote in the COM
mittee on the amendment clearly
forecast trouble when the measure
reaches the Senate floor.
Lined up against approval were
such notable internationalists as
Senators Morse of oregon, Fulbright
of Arkansas and Mansfield OF Mon
tana. all Democrats; for the amend
ment were Republican Senators
Capehart. Knowland and Hicken-
looper. usually wary Of maximum
aid programs. The opposing Sem
ators objected to the emphasis the
bill places on military aspects OF
foreign aid; their may" votes regis
tered objection to the tone of the
measure rather than to the amount
OF money involved.
Majority Leader johnson said
the bill faced deep trouble" in the
Senate, a forecast agreed to by
Minority Leader Knowland.
The Senate committee also took
issue with the House SLASH in aid
earmsrked for Tito's Yugoslavia. 1t
voted to cancel the House approved
cut Of SIS million from che $50 mill
lion requested by the administra-
ton, putting the amount back to
its original figure.
Whatever the final senate action
on foreign aid. 1t seemed increas-
ingly clear as the bill moved along
that the political maneuvering by
members of both parties was aimed
at putting the responsibility for
the measures ultimate fate squarely
at the door Of the White House.
Lawmakers have complained that
the Nation has not been sufficiently
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17
SupremeCourt
And Security

The Supreme Court, already
under attack from several quar-
tiers, last week handed down a Sc
curity case decision that many OBJ
servers believed would set off new
pressures to restrict its powers. Al
most Immediately. an attempt was
announced in Congress to veto the
ruling with legislation--a course
increasingly popular among Con-
gressmen who disagree with court
decision.
In ruling that only those Fed
eral employees in sensitive positions
may be dismissed as security risks.
the high court delivered a major
blow to the Eisenhower administra-
TONS security system. The 6-3
decision, written by President Ell
Senhower's most recent appointee
to the court, Justice John M. Har-
Ian, said in effect that the Presi-
dent had violated the law in apply
ing the security program to all
Government workers. The 1850
law which is the foundation of the
program. the justices said, legally
covers only the jobs concerned
with the Nations security"
About half of the so-called risks"
fired under the system, set up in
1853, we're in non-Sensitive posi-
tions. All those persons now may
sue for reinstatement, or they may
ask the Court of Claims to order
Uncle Sam to pay them their back
salaries.
Administration Acts
On Friday, Attorney General
Herbert Brownell issued an order
suspending the application of the
program to non-sensitive employees
He said that the action was taken
to assure that the Executive Branch
complies fully" with the courts
decision. The announcement gave
fresh impetus on Capitol Hill to
earlier demands that Congress
enact legislation which, in effect,
would overturn the ruling.
Representative Walter, security
conscious Democrat of Pennsyl-
vania, Immediately got busy after
the decision and wrote a bill which
he said would make applicable to all
Government agencies and all Gov
eminent activities the 1850 Internal
Security Act allowing summary fir
ing OF Federal employees designated
as security risks. Senator James o.
Eastland, Democrat of Mississippi,
also an advocate of iron-clad Sc
curity procedures, announced at the
same time that he would introduce
a similar bill in the Senate,
The courts dissenting opinion,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17
The President:
Good Progress

President Eisenhower, who nine
days ago was carried into Walter
Reed Hospital where doctors cut
away a diseased portion of his
small intestine. appeared well along
the road to recovery last week. His
physicians reported daily improve
ment IN his condition.
The political aspects of the Presi-
dents illness were fired up on
Thursday, however, when Star
cclumnist Doris Fleeson took a look
at what the insurance underwriters
bible, Risk Appraisal, had to say
about ileitis, the Presidents illness.
Miss Fleeson quoted Risk APP
praisal as saying the disease is
serious. Always serious. The
ailment becomes chronic recur-
renee is distressingly high, one in
three within two years" The
quotes can be expected to turn up
in Democratic discussion of the
health issue" during the presiden-
tial campaign.
When Presidential Press Secre-
tary James Hagerty was asked
about reports of the type cited by
Miss Fleeson he said they did not
take into account a distinction
pointed out earlier by DR.. Leonard
d. Heaton, who operated on the
President, between younger lleitis
patients and those in the Presidents
age bracket. DR.. Heaton had told
ppnnrfnrc offoY. 6a
In this tthe President's) age group
we 90 not look for any further
extension of this disease process"
Here is the day-to-day log on the
Presidents progress. as reported by
Mr.. Hagerty:
Sunday-Walked 80 painful feet
in hospital room, but decided not
to try it second time. "Once was
enough" the President said.
MOnday-Talked with his chief
assistant. Sherman Adams; twice
walked 20 feet. Doctors report:
excellent"
Signed five documents.
Still had stomach drainage tube in
nose. Another good day"
Wednesday-Signed 81 bills and
other papers. For first time since
operation took food-clear beef
broth-through mouth. quite
clipper"
Thursday-Talked with Dr. Kon-
rad Adenauer, West German
Chancellor, for 20 minutes. Drank
more liquids. but intravenous feeding
continued. Progress satisfactory
Friday-Greatest progress since
operation. Normal physiological
activity of the intestinal tract has
been restored"
Saturday-In excellent spirits"
Fed soft food for first time.
Temperature. pulse, blood pressure
and respiration normal"
At weeks end, there was still no
word from the Presidents bedside
oA whether he would stick by his
plan to seek another term.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-17

With transit shutdown due in
only So days. Washington saw its
transportation crisis move off dead
center last week--and into a state
OF utter confusion.
On Friday, Capital Transit Co.,
which is slated to go out of
business by congressional order at
midnight. August IA, announced it
had agreed to sell all its physical
assets to National City Lines, Inc,
a Chicago firm which owns the
transportation systems of a num-
Der of major cities.
The deal, however, was condi-
toned on congressional enactment
of franchise, satisfactory to Ma
tional City, for the new operating
company. Another condition re-
quires approval by holders of two
thirds of 1CTCs 100000 shares of
stock.
Total price for the sale was $l3,-
100000, equal to $14 share of CTC
stock. Half of this-$6, 100 900.
about equal to the amount of cash
which National City would acquire
as one of CTC's assets-would be
paid to Capital Transit as a down
payment. The balance would be
paid over is years by giving CTC
$6.720,000 of National City's 5 per
cent debentures.
Two Others in Line
Announcement of the sale agree
ment brought disclosure of two
other nearly identical proposals,
both of which apparently would
now have chance only if the sale
to National City Lines should fall
through.
One of the other offers came from
o. Roy Chalk. president and ma
jority stockhplder of Trans Carib-
bean Always, Inc, of New York.
He was disclosed at a Friday night
press conference as the secret finan-
cial hacker of Morris Fox. president
of a local trucking firm and a
rejected applicant for the dying
etc franchise. Yesterday Mr.. Chalk
raised his bid in a race to upset the
National City deal.
The other came from a group of
10 Washingtonians headed by Harry
A. Mcdonald, former head of the
Reconstruction Finance Corpora
ton and of the Securities and Elk
change Commission.
Yesterday, Robert E. Mclaughlin,
president of the Districts Board of