davidaulloa/AmericanStories huggingface dataset:
Evening star., 1962-08-30
Quake Rocks Sections
Of Five Western Stotes

SALT LAKE CITY, Aug. 80
(AP).-A sharp earthquake to-
day shook parts of five States
Utah. Idaho. Wyoming, Col
orado and Montana.
1t apparently centered in the
Cache Valley 80 miles north of
here where considerable dam
age was reported. 1t was felt as
far away as Pocatello. Idaho,
and Lander in central Wyo-
ming.
Lander is more than 200 miles
from Salt Lake City.
No injuries we're reported.
At Lewiston, Utah, a drug
store collapsed onto a cafe,
demolishing both buildings.
One wall of the Crystal Fur
niture Co. building in Logan,
Utah, a city of $4,000, fell onto
a used car lot. At least one
vehicle was reported damaged
The Utah highway patrol re-
ported a slide across United
States Highway SO in Logan
Canyon.
The quake also was felt in
Kemmerer, Mountain View and
Lone Pine, Wyo.. and at Vernal,
Utah. ITO miles east of Salt
Lake City.
Slight tremors also were re-
ported by residents of Grand
Junction, in Western Colorado,
and at Hebgen Lake in Mon
tana, where destructive quake
rocked the Yellowstone Ma
ional Park area in 1859.
The first tremor was felt at
6:36 am. CMSTD and lasted
about 80 seconds. 1t was fol-
lowed by two smaller shocks.
Evening star., 1962-08-30
COURT
Continued From Page Al

Continued From Page Al
Labor, just as he was a re-
sourceful, capable and hard.
working advocate of the ideal.
for which the organized labor
movement stands"
Mr.. Meany said those who
have worked with Mr.. Goldbere
ARE sure he will serve the
Nation, in his new role, with
exactly this same sense Of ded-
ication to the public welfare. -
He said Mr.. Goldberg fully
deserves this honor"
The departure of Justice
Frankfurter from the bench
was marked by many students
Of the court as the end Of an
era. Those who found pleasure
simply in observing the high
tribunals sessions also mournec
! his retirement, for 1t was Jus.
Evening star., 1962-08-30

tions Of Harry Bridges, West
Coast labor leaders, and the
Los Angeles Times. In cases
involving the Jehovah's Wit
nesSes cult he upheld the right
of States to require public
school children to salute the
flag and of municipal licenses
fees as applied to the sale of
Jehovah's Witnesses literature.
Even when concurring with
the majority, Justice Frank
furter often wrote separate
statements. Sometimes he
would declare he agreed with
the decision but had arrived
at it by different reasoning.
On other occasions he COM
bined legal history and philos-
ophy with his summation OF
cases and issues. He frequently
singled out special points for
extensive treatment.
He was not above changing
his mind and admitting what
he regarded as a mistake
Joining the diSsenters in a
case similar to one in which
he had sided with the majority
several years before, he re-
marked that wisdom so seldom
comes that 1t should not be the
less welcome If it comes late.
When the high court ruled
this year that Federal Courts
may hear suits calling for re-
apportionment of State legis-
latures, he was on the dissent
ing side in the 6-2 decision and
stayed with his views of l6
years before.
In 1916. the court had
agreed with him that the
Federal judiciary should not be
drawn into what he called the
political thicket" of argu-
ments over the fairness of rep
resentation.
Lost Opinion
In q 64-page dissent to this
years decision, he wrote: The
courts authority - possessed
neither Of purse nor the sword
ultimately rests on sustained
public confidence in its moral
sanction. Such feeling must be
nourished by the courts COM
plete detachment, in fact and
in appearance, from political
Evening star., 1962-08-30
FENCE

Continued From Page Al
in his opinion, lower property
values along the block.
This is a very neighborly
neighborhood," Mr.. Bonelli
said. Its not Spring Valley
but it's nice. We mind our
own business 1914 per cent OF
the time"
He said that he had heard the
fence was installed because Mr..
Sanjuan thought the neighbors
might be disturbed by all the
entertaining his job requires
him to do. But, he added,
people wouldn't object to the
entertaining as much as they
do the fence"
Almost directly across the
street from the fence, Jaffray
c. Ford, at 1920 Bayard, termed
the board barrier terrible"
Mr.. Ford said the fence does
not conform to the quiet charm
of the neighborhood. He called
it a tall, ugly fence. home
made. not we'll made"
The neighborhood's reaction,
however, varied markedly from
house to house. Mrs. Ann Nc
Lean, a young Scottish house
wife who lives next door to Mr..
Bonelli. said she didn't care to
comment on the fence because
her husband. Alistair, is a civil
servant with the British En-
baSSy.
But she said. anyway: 1T
doesn't affect u.s." and added,
There was wee bush in front
(of the Sanjuan house,, but it's
disappeared"
Mrs. Ethlyn SiSler, at 1924
Bayard boulevard, remarked: ::
1T doesn't bother me but 1
don't think the property's as
pretty as it was"
| Another nearby neighbor
said of the fence: He has a
right to put a fence up. He can
do as he pleases. The thing is,
the type fence. :"
Mrs. Frederick L. Miller, one
of the Sanjuans' two next door
neighbors, declared: 1T may
be an eyesore to some. I just
don't know" She said the fence
is "rough-hewn" but lit isn't
too bad that I have to complain
about it."
The gamut of reactions was
completed by Mrs. Chester
Relyea, the other next-door
neighbor, who said: Its de-
lightful fence. People are en-
titled to build what they want.
Evening star., 1962-08-30

have two appointees Of Frank
lin D. Roosevelt, Justice Black
rs, and Justice Douglas, So
one appointee of former Presi.
dent Truman, Justice Clark
81; four appointees of former
President Eisenhower, Chief
Justice Warren, II: Justice
Harlan. So; Justice Brennan
Sc, and Justice Stewart, Al;
and two appointees of Mr.
Kennedy, Justice White, As
and now Justice designate
Goldberg, 81.
Evening star., 1962-08-30
COP. Blasts
Kennedy for
Attest Ideas

Congressional Republican
leaders charged the Kennedy
administration today with "a
mistake of major dimensions
in proposing an unpoliced bar
on nuclear testing in the at
mosphere. outer space and
under water.
This criticism was part of
an overall attack on the ad-
ministration's handling of for
eign affairs. Senate Minority
Leader Dirksen and House
Minority Leader Halleck said
the administration has shown
lack of understanding and ini-
tiative. the absence of any over
all policy and a tendency
toward concession rather than
stsnding on principle"
Senator Dirksen explained
that this view by G. o. P.
legislative leaders did not mean
a definite break" with the
Democratic administration on
foreign policy.
He emphasized that the Re-
publican Party does not want
this country to exhibit a dis
united front to the world" ="
He insisted. however, that the
administration should give
more consideration to Eepub-
lican suggestions on foreign
policy.
Mr.. Halleck criticized the
administrations latest nucleal
testing proposal as "a retreat
from the absolutely eSsentia
condition of inspection" HI
warned that it would endangel
United States security becaus,
the Soviet Union could no
be trusted.
/ I'VE are being told that
half loaf is better than none, ,
he said. I'VE say that n,
agreement at all is better thar
a bad one"
Evening star., 1962-08-30
HEADLINE PERSONALITY
Talent for Mediation
GoIdberg's Big Asset

II a talent for Cancellation,
a knack for analyzing complex
issues and a gift for expressing
distractions simply are of use
to a Supreme Court Justice,
Arthur j. Goldberg's friends
believe he will serve with dis
tinction in the post to which
President Kennedy said he
would appoint him.
One Of the Chicago-born
lawyers deepest beliefs is that
reasonable men engaged in
calm talk can solve practically
any problem. That is the atti-
tude he will carry into the con-
ference chamber at the ST.
preme Court for the weekly de-
bates that have often strained
personal relationships among
the justices.
1t Is the same philosophy
that propelled Mr.. Goldberg,
now 81, into the role Of chief
mediator at-large in the Ma
tion's labor-management con-
flictS in his 19 months as Sec
retary of Labor. Even as his
selection was announced. he
was in Chicago attempting to
avert a railroad strike.
Suspected Of Labor Bias
Mr.. Goldberg entered the
cabinet with something of a
disadvantage: The suspicion of
bias that was natural toward
one who had served for a doz-
en- years as the leading STRAIT
egist Of organized labor.
He quickly proved to Skep-
tical critics that it was more
than words when he said he
would operate as counsel for
the public interest" in his new
job. His part in negotiating a
mon -inflationary" wage set
tlement between the steel in
duStry and his old employer,
the United Steelworkers. drew
particular praise.
His skill as a mediator. as
sociates say, is attributable to
the blend of a gentle per-
sonality and a mind that is in
cesSantly analyzing unresolved
questions and formulating pos
Sible answers.
Nothing pleaSes him more
than a chance to delve into
unfamiliar ground. When a
strike threatened to cancel the
Metropolitan Opera season,
Mr.. Goldberg undertook to ar
bitrate the complexity of issues
in the company's contract with
its orchestra. He emerged, not
Just with a settlement but with
a plan for Federal encourage
ment of the arts.
For all his flexibility as a
bargainer, Mr.. Goldberg has a
hard core liberal social philoso-
ply that rests on his sympathy
for the poor and oppressed.
The youngest of eight chill
dren of immigrant Russian
Jews. he went to work as a
delivery boy for a shoe factory
at the age of IL. But he
managed to work his way
through school with honors.
BY special diSpensation, Mr.
Evening star., 1962-08-30

Goldberg was permitted to take
the Illinois bar examinations
before he had reached the legal
age of 81, and he was admitted
to practice in 1929.
His political activities on be-
half of Franklin D. Roosevelt
in 1896 brought him into con-
tact with labor leaders and ne
became a lawyer for various
unions. This was interrupted
by World War II, during which
he worked in the Office of
Strategic Services organizing
anti-Nazi European transpor-
tation workers behind enemy
lines into a vast intelligence
network.
AS counsel for the CIO, he
won the l949 court decision that
made pensions legitimate COL
lective bargaining item. He de-
viSed an effective formula to
expel Communist dominated
unions from the CIO and
played a leading role in bring
ing agreement that led to mer-
ger of the AFL and CIO.
Won Major Union Victory
Mr.. Goldberg continued to
represe the Steelworkers
Union and in 1859 won a major
victory for the union in the
ll6-day strike. Although he
failed before the Supreme Court
to knock down Taft Hartley
injunctions against the strike,
the Justices informed him that
no case had been argued more
brilliantly all term.
In his term as Labor Secre-
tary and before, he has actively
promoted broader economic op-
portunities for Negroes.
With his background, Mr..
Goldberg had always figured
prominently in speculation
about men President Kennedy
might name to the Supreme
Court. The only surprise was
that the President was willing
to let him leave the admins
tration at this time. He hac
often called him irreplaceahle
Evening star., 1962-08-30
INTERPRETIVE REPORT-
Philosophy Of Fronkfurter
Leaned to Judicial Restraint

entanglements." This was his
last opinion.
While sitting on the bench,
Justice Frankfurter Shove d
constant interest in the lengthy
arguments made by lawyers in
explaining appeals to the high
court justices, frequently in
terrupting them with ques-
tions dealing pointedly with
law issues.
His peppery manner in ad-
dressing inquiries to lawyers
brought him out-of-court crit
icism from some and warm
praise from others. Some law
yers took the view that Justice
Frankfurter's efforts usually
led to the bringing out Of the
best points in a lawyers case.
Justice Frankfurter often
found himself ranged against
some Of his colleagues in open
court as well as in his written
opinions.
In March, 1861, he remarked
from the bench:
II understand what the court
majority has said. but I don't
understand the meaning Of it"
Lectured Colleagues
He often lectured his COL
legues in writing on what he
termed disregard Of sound
judicial administration" He
complained in a 1859 dissent
ing opinion, for instance that
the court hears too many cases
that are important only to
the litigants."
In 1857, on the same sub
ject, he declared: "For the
Supreme Court Of the United
States to spend two hours Of
solemn argument plus count
less other hours reading the
briefs and record and writing
opinions to determine whether
there was evidence to support
an allegation that it could
reasonably be foreseen that
an ice cream server on a ship
would use a butchers knife to
scoop out ice cream that was
too hard to be scooped with Q
regular scoop, is surely to mis-
conceive the discretion that was
entrusted to the wisdom of the
court"
Lawyers evaluating Justice
Frankfurter's place in history
have had these comments:
DR.. Harlan B. Phillips of
Columbia University - Ger
tainly one of the most YER
Satile. incicive, even controver-
Slal 1ntellectS and personalities
Of our day, for me that rare
combination of Puck and the
angels"
Prof. Walton Wade Hamilton
of Yale. an early New Dealer
He does the best he can, often
very well indeed, with the
technicues in which he is pro-
ficient; it is a calamity that
his Skills happen to be petty
skills."
In retirement, Justice Frank
furter can recall an accolade
from the great Federal Judge
Learned Hand, Shortly before
his recent death. Judge Hand
said: II regard him at the mo-
ment as the most important
single figure in our whole ju-
dicial system"
Evening star., 1962-08-30
FRANKFURTER LETTER
My dear Mr.. President:

MY QedT Mr. PRESIDENT.
Pursuant to the provisions
of % use (Sec) 371 Cb). 50
Stat. II. I hereby retire at the
close Of this day from regular
active service as an Associate
Justice Of the Supreme Court
Of the United States.
The occasion for my retire
ment arises from the afflictior
which I Unexpectedly suffered
last April. Since then I have
un dergone substantial i'm.
provement. High expectation;
were earlier expressed by my
doctors that ! would be able
to resume my judicial duties
with the beginning Of the next
term Of the Court, commencing
October /. However. they now
advise me that the stepped-uE
therapy essential to that END
involves hazards which might
jeopardize the useful years
they anticipate still lie ahead
for me.
The court should not enter
its new term with uncertainty
as to whether I might later
be able to return to unrestrict-
ed duty. To retain my seat or
the basis of a diminished worl
schedule would not comport
with my own philosophy OF
with the demands Of the bust.
ness of the court. I am thu.
left with no choice but tc
regard my period Of active
service on the court as having
run its course.
I need hardly tell you, Mr.
President, of the reluctance
with which I leave the insti.
tuition whose concerns have
been the absorbing interest o.
my life. May I again convey
to you my gratitude for YOU
call upon me during the sum
mer and for the solicitude yor
were kind enough to express
With high respect anc
esteem,
|. Faithfully yours,
Felix Frankfurter
Evening star., 1962-08-30

! recovery, and I have shared
the general hope that you
would return soon to the courts
labors. From my own visit
know Of your undiminished
spirit and your still contagious
zeSt for life. That you now take
the judgment Of the doctors
and set it Sternly against your
own demanding standard OF
judicial effectiveness is char
acteriStic, but it comes as an
immediate disappointment.
Still, if you will allow it, I will
say that there is also conSola-
ton in your decision. I believe
it good for you as well as fol-
the rest of US that you should
now be free. in reflective lei
sure, for activities that are i'm
possible in the demanding life
Of a Justice Of the Supreme
Court. You have been part OF
American public life for well
over half-a-century. What you
have learned Of the meaning OF
our country is reflected, OF
course. In many hundreds OF
opinions, in thousands Of your
students, and in dozens OF
books and articles. But you
have a very great deal still to
tell us, and therefore I am glad
to know that the doctors are
telling you, in effect, not to
retire, but only to turn to a
new line Of work, with new
promise Of service to the Ma
ton.
/ Meanwhile, I should like to
offer to Mrs. Frankfurter and
to you, for myself and for all
Americans, our respectful gra-
Ititude for the character, cour-
age. learning and judicial dedi-
cation with which you have
served your country over the
last % years.
Sincerely,
John F. Kennedy
Evening star., 1962-08-30

The University of California,
at Berkeley, said the quake's
intensity was approximately s
on the Richter scale. This is
a fairly heavy quake. The one
which damaged much Of San
Francisco in 1906 was rated
at 8.25.
Evening star., 1962-08-30

tice Frankfurter. with his
steady drumfire of questions
comments and verbal barbs
who provided most of the fire
works during oral arguments
of a case.
When he is in the room, 4"
one commentator said. you
can just feel the tension pop
ping. It's electric"
The former Harvard profess
sor, whose disciples stated so
many Of the New Deal agencies,
delivered one Of his most men,
orable dissents last March when
the Supreme Court agreed to
consider the fairness Of the
makeup Of the Tennessee Legis-
lature.
Minor Stroke
On April S, while working at
the court, he collapsed from q
minor stroke. He was hospital
lied for three months, then re-
turned home, where he con-
Itinued his efforts to recover
sufficient stamina to return to
the court this fall.
His letter of resignation, sent
President Kennedy Tuesday
might, spoke eloquently of the
regret with which he reached
his decision to step down.
High expectations were
earlier expressed by my doctors
that end involves hazards which
my judicial duties with the be-
ginning of the next term of the
court" he wrote. However
they now advise me that the
stepped-up therapy essential to
that / would be able to resume
might jeopardize the useful
years they anticipate still lie
ahead for me. need hardly
tell you. Mr.. President, Of the
reluctance with which 1 leave
the institution whose concerns
have been the absorbing inter-
est Of my life"
In his reply, President Ken
nedy expressed the hope that
the Justice would apply his
"undiminished spirit and
still contagious zest for life" to
writing on "the meaning of our
country. You have a very
great deal still to tell us"
At his press conference. Mr..
Kennedy praised Mr.. Frank
furter's significant and lasting
contribution to our legal
traditions and literature.
Or Mr.. Goldberg. the Presi-
dent said: HE has an enviable
record of accomplishment at
the bar, and his character
Temperament and ability su-
perbly qualify him for service
on the court. I believe that his
scholarly approach to the law
combined with his deep under
standing of our economic and
political systems, will make him
a valuable member of the Su-
preme Court"
Mr., Goldberg. like the two
previous occupants of the seat
Justice Frankfurter and Justice
Benjamin Cardozo, is Jewish.
The Labor Secretary was ir
Chicago, seeking a settlement
on a railroad dispute, when the
President offered him the ap-
pointment and received his &C.
ceptance.
| AS it begins its new term mex
month, the Supreme Court viii
Evening star., 1962-08-30
KENNEDY LETTER

My dear Mr.. Justice Frank
furter:
Your retirement from regular
active service on the Supreme
Court ends a long and illustri-
GUS chapter in your life, and
I understand well how hard a
choice you have made. Along
with all your host of friends,
I have followed with admiration
your gallant and determined
Evening star., 1962-08-30

FULL NAME - Arthur Joseph
Goldberg.
CLAIM TO FAME-Nomed to
the Supreme Court.
HoME-zSlI AIbermohe street
BIRTH oATE-Agsust 8, 1903,
in Chieoeo.
Observation-Disclosures Uni-
Versity, bachelor Of science in
low, 1923; doctor Of jurispru-
dence, 1880.
JoeS-Senior partner in chieoso
ond Washington ID. c. low
firms; senerol counsel, United
SteeIvorkers Of America and
lndustriol Union Department,
AFL-CIo; speeioI counsel,
Hl-Clo; Secretary Of Lober.
FAMlLY-Monied to the former
Dorothy Kursons, q profes-
sionol artist; children, sorbora
and Robert.
HOBBIES Reading, swimming,
hiking, wotehins footboIl.
Evening star., 1962-08-30
Swiss Multiply

GENEVA. - Switzerland has
the faStest-growing population
in Western Europe. It's rising
l. a per cent a year.
Evening star., 1962-08-30
By BURT HOFFMAN
Star staff Writer

Conservative is the word most
often used to describe Felix
Frankfurter's judicial philoso-
ply.
But when he Joined the Su-
preme Court in January, 1899.
some critics called him the
radical professor"
Justice Frankfurter himself
disputes the idea that judicial
decisions have anything to do
with liberalism or conservatism.
Whatever his own feelings
may be. there is general agree
meht that Justice Frankfurter
has been a good deal more
conservative in his view of the
law than many thought he
would be. In recent years he
has found himself more and
more arguing for judicial
restraint" against the broader
interpretations of the law that
often drew q majority.
Generally speaking, Justice
Frankfurter usually has held
that:
1. Past judicial decisions
should be respected whenever
possible.
2. The court should limit
itself in the cases it decides to-
review.
8. States should be allowed
to pursue the courses they think
best, and not the courses the
Supreme Court thinks best.
He took q powerful stand for
the liberties Of individuals, how
ever, and was considered a key
figure in the 1854 ruling that
racial segregation in the schools
violated the Constitution.
The court was unanimous
as q result, some said, Of Justice
Frankfurter's arguments in
favor Of q formula permitting
gradual desegregation rather
than court orders demanding
immediate enforcement.
Deliberate Speed"
During his career as a judge.
he frequently used the phrase,
with all deliberate speed"
This phrase appeared in the
high tribunals final opinion
outlining how desegregation
should be brought about.
Most often quoted in his de-
ciSions we're Justice Oliver
Wendell Holmes and Louis D.
Brandeis-both staunch cham
pions Of the rights of individ-
ualS.
If it could be said that JUS
tice Frankfurter patterned his
career after any man, it prob
ably would be Justice Holmes.
He even wrote his decisions
standing at a high writing desk,
as Justice Holmes did. He once
com mented that Justice
Holmes said this technique kept
from writing long opinions.
1t may have worked for Jus
tice Holmes, but it didn't for
Justice Frankfurter. In one
lengthy opinion he noted he
wanted to say Just one word
more" then added IL. 900 words.
His opinion upholding the con-
stitutionality Of the Subversive
Activities Control Act totaled
112 pages.
But Justice Frankfurter did
follow Justice Holmes in his
Interpretation of the Consti-
tuition. He once wrote that "in
essence, the Constitution is not
a literary composition. but a
way Of ordering society. ade-
quate for imaginative states
manship. II judges have imagi-
nation for statemanship."
From Justice Brandeis, he
inherited the belief that the
court should confine itself in
any case to the minimum needs
to settle 1t and avoid conStitu-
tional questions wherever pos
sible. He always was considered
reluctant to upset an act Of
Congress.
Sees Seductive Cliche"
In one of his earliest written
opinions Justice Frankfurter
described as a seductive
cliche" the statement of Chief
Justice John Marshall in 1919
that the power Of tax involves
the power to destroy"
He disSented when the court
Evening star., 1962-08-30
EXCHANGE OF LETTERS g. /.
Fronkfurter Resigns,
President Replies

FOLLOWING are the tertS OF
Justice Felir Frdnkturter's
lette: OF resignation from the
Supreme Court and President
Kennedy's reply fboth tDere
dated August 2S):