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THIS ISSUE 13,330 Paid (Subject to Audit) 11,127 Paid AUDIT BUREAU OF CIRCULATK REPORT OF MARCH 31, 1939 103 m Yor ■ No. 33 Pho— GArdii 4-7700 ROCKVILLE, MARYLAND THURSDAY. JULY 23. IST 2 SECTIONS—2O PAGES T en Cents a CODV WSSC Set To Talk With Union Washington Suburban Sani tary Commission this week agreed to discuss working con ditions with the union repre senting some 500 WSSC em ployes —a privilege sought by the union for the past year and a half. The Commission invited union representatives to meet with them at 2 p.m. on July 28. The press and public also were invited to attend. The State Attorney General has ruled that the union, Amer ican Federation of State Coun ty and Municipal Employes, cannot sign a wage contract with WSSC, but can bargain for improved working conditions. Union General Organizer Rob ert H. Hastings recently charged that conditions of WSSC field workers are “a dis grace to the national capital area.” Before the attorney general's ruling, WSSC officials contend ed they had no authority to bar gain with the union. Arts Center Group Picks F. Gutheim Frederick A. Gutheim was elected presidenl of the Montgomery County Arts Center, Inc., at a meeting held Tuesday at the Cosmos Club in Washington. Other officers elected were: Carl M. Freeman, vice presi dent; C. Edwin Kline, treasurer; Mrs. Warner Gardner, secre tary, and Mrs. George Barshay, executive vice president. These officers and a board of trustees consisting of 12 per sons have plans to build a $1 million arts center to serve Montgomery County. The first regular meeting of the officers and the board of trustees will be held September 3. At this time a report from the Park and Planning Commis sion is expected in connection with the group’s request for public park land on which to build the proposed Arts Center. The officers hope at least 20 acres will be made available in the vicinity of Rockville. To finance the building, this organization plans to launch a fund-raising effort that would be organized in neighborhoods and reach into business and other groups in the county. Quinlan Post GOP Counsel I Sou glil on Job Vacancy The Republican State Central Committee of Montgomery County will be asked to supply names of three candidates to fill the term of William A. Quin lan, member of the Montgomery County Board of Zoning Ap peals, which expires August 15. Quinlan, a Republican, must be replaced by a Republican. Lone other Republican on the five member Board is Mrs. Mary A. Hepburn. The other mem bers are Democrats. The decision to ask for names of three candidates for the post all but quashed speculation that Quinlan might be reappointed. He was censured this week for his role In criticizing an un named "high official” for at tempting to sway the Board in favor of a zoning application submitted by the Potomac Elec tric Power Co. County Hires Traffic Aide Earl C. Williams, jr., 38, a graduate engineer from Mary land University who holds a traf fic safety course certificate from Yale University, has been hired by Montgomery County as Chief, Division of Traffic Engi neering, at an annual salary of $9897. He is now traffic engineer for the city of Wichita Falls, Tex., where he has worked for three years. He will fill the position vacated upon the resignation ol Eugene J. Clifford January 31 this year. Sitek*tew (Mi Seißiif l Multiple Tragedy Plane Crash Kills Builder Jim Davis Simple funeral services will be' held at 10:30 a.m. Monday at the Christ Epis copal Church, Rockville, for James B. Davis, jr., Rock ville businessman and resi dent, and his son, Victor, 14, who both perished with Mr. Davis’ parents in a plane crash last week. The Rev. Raymond Black will conduct traditional Episcopal services for his former vestry man before the father and son are buried next to Mr. Davis’ wife, the late Madalein Beau champ Davis, in Rockville Cem etery. Mrs. Davis died two years ago last May after a protracted intestinal disorder. Meanwhile, the two surviving Davis children, James 8., 12, and Diana, 9, are being cared for at the home of their mater nal grandparents, Mr. and Mrs. Victor R. Beauchamp, of South Glen rd., Potomac. The two were in separate summer camps when the multiple tragedy oc curred high in the wild Uinta Mountain range in Utah. Mr. Davis, his son, and Mr. and Mrs. James B. Davis, sr., parents of the doomed pilot, died when the plane cracked up on an 11,000-foot high peeA as they returned homeward from a va cation on the West Coast. He would have celebrated his 40th birthday tomorrow. Mr. Davis was president of the Rockville Construction Co., and of the Rockville Insurance Company. He formerly was em ployed by his father-in-law, who On Sidewalk Blind Man Bowled Over Three Times hy Cyclists For the third time last week, blind L. Curtis Mor timer, 65, of 25 Wall st„ was rundown by children riding bicycles on the sidewalks of Rockville. Although the two prior acci dents only scratched him a lit tle, the latest occurrence last Friday threw him violently to the ground with his little pet terrier, Cleo. He said yesterday he was still limping. As a result, Montgomery County Police told Mr. Mortimer and his wife that they would crack down on bike riding on city sidewalks, which is against the law. “The child I think it was a girl said she was sorry and ran away,” Mortimer said bit- Olney Water Line Okayed by IUSSC An SBO,OOO water line to extend service to Olney and Montgomery County Gener al Hospital was approved Tuesday by the Washington Suburban Sanitary Commis sion. The new line will run from Williamsburg Village along Route 97 to Olney, where it will branch out both ways along Route 28 and continue another 2000 feet up Brookeville rd. One branch will enable instal lation of a sprinkler system at Previous Court Ruling Is Cited in Oath Case Attorneys for Roy R. Torcaso of Wheaton this week cited a legal precedent holding that public officials need not declare a belief in God. But the State Atorney General says the pre cedent does not apply in Mont gomery County. Torcaso was denied a notary public's commission when he balked at an oath declaring his belief In the existence of God. Carleton Sickles, an attorney for Torcaso, drew attention to a 1949 ruling in which Circuit Court Judge Charles Marbury of Prince Georges County de creed that the oath requirement is in violation of the Maryland State Constitution. The 1949 case involved a Brentwood city councilman who, like Torcaso, refused to take the oath. The councilman subse quently served out his term and was re-elected in 1951. owns the Victor R. Beauchamp Construction Co., Inc. He was considered one of the best, if among the youngest, contract estimators in the construction business throughout the Metro politan Washington area when he worked for Mr. Beauchamp. Some of this skill oame natur ally. He held a bachelor of sci ence degree in engineering from Mississippi State College, not too far from his birth place at Itabena, Miss. His late father owned a hardware store there. The senior Mr. and Mrs. Davis will be buried in Mississippi. Moving out on his own, Mr. Davis took over the Rockville Construction Company about five years ago, three years after its formation. History of the young company was one of heavy construction. In addition to the pre-stressed concrete water tower that serves Rockville from atop Hunting Hill, Mr. Davis’ firm built the highway bridge that carries Falls rd.—a stone’s throw from his home—over the new U. S. 240 expressway. In all, asso ciates said be built 12 bridges. Although he never went into house building, he did construct his own, and with an eye to chil dren. A huge recreation room was provided so his children and their friends could view full length movies Mr. Davis would rent. The room also was used for teenage dances and dances for adults. Outside the house was a full scale baseball field Mr. Davis (Continued on Page A-3) terly. "I was really afraid she had hurt my little body guard, Cleo, because the bike fell on her. But she was alright,” he added. He said he was brushed twice before by careening bikes, de spite the fact that he carries the blind man’s traditional white cane. Last Friday’s incident caught him entirely defenseless because he couldn’t hear the bike coming. He was struck full front and got up spitting ad mittedly language he seldom uses. But his epithets fell on empty air as he nursed his bruises and his whimpering pet. “I walk on Wall st. because it’s only a block long with no intersecting streets. But I don’t know if I should continue,” he said. County General Hospital, which in the past has goi.ten its water from its own wells. A spokes man there said work on the sprinkler system will begin im mediately. Bids on the water line project will be opened by the Commis sion the afternoon of August 3. Specifications will call for 4200 feet of 16-inch line, 2800 feet of 12-inch ippe, 610 feet of 8-inch and 105 feet of 6-inch. The water line to Williams burg Village was extended from Norbeck last year. However, since the ruling was by a county court and never was tested in the State Court of Ap peals, It has legal force only In Prince Georges County, Attor ney General C, Ferdinand My bert said this week. Sybert’s office is preparing a legal opinion on Torcaso’s case. If Sybert rules against him, the Wheaton man says he will take the case to the courts. Attorney Sickles said there is an apparent conflict between two articles of the State Consti tution. One sets forth the oath to be administered to all per sons assuming public office or trust, without mentioning belief in God. The other section, how ever, specifically permits such a provision in the oath. Even if sanctioned by the State Constitution, Sickles said, the oath possibly violates the U. S. Constitution's guarantee of freedom of belief and religion. A Century of Service ' Right Idea But Wrong Stomach! "The Case of the Wrong Stomach”—a mixup tnat could have proven fatal but had a happy ending—was told this week by Suburban Hospital of ficials. It involved two little boys, the smaller of whom was discovered by his mother holding a bottle of aspirin with half the contents missing. Alarmed, she rushed the child to Suburban Hospital poison control center where his stomach was pumned out. After she had returned homo, the mother was astonished to hear a belated confession from her older child that it was he— not his little brother—who had consumed the aspirin. Fortunately, a return trip to the hospital and more stomach pumping became unnecessary when the older boy vomited the aspirin. The case was one of 343 han dled by Suburban’s Poison Con trol Center during its first year of operation, officials said. County Firm On Wheaton Library Site The county means busi ness about a three-acre site for a library in Wheaton. This week, Council members told their legal staff to make one more offer for several parcels along Georgia ave. be tween Areola and Hermitage aves. If the offers are not ac cepted by August 2, legal aides were told, they are to initiate condemnation proceedings. The Council was told $45,000 was offered the owner of slight ly more than half of the tract, but the offer was turned down as too little. An option has ex pired on the remainder of the land but County Manager Mel vin L. Reese said he believed he could renew it and do business ■with owner. Thus It would appear that a long and at times temptuous search for a library site in Wheaton has ended. Testimony at public hearing on various sites Included statements that sites in question were too near, or too far, from residential or commercial zones; that access roads were inadequate and the library would be wasted, or that there was far too much auto traffic, posing a pedestrian danger; that libraries should not be located in or nearby county service buildings that also housed police stations; that sites were too expensive and that next door neighbors didn’t want all that activity on residential streets. 2 Boys Admit Taking S3OO From Swim Pool Two Silver Spring boys are awaiting hearings in Montgom ery County Juvenile Court on charged that they entered the North Chevy Chase Swimming Pool twice after dark and took S3OO plus two portable radios. They told police this month that they used their bikes to ride from their homes to Chevy Chase the nights of June 25 and July 6. Office of the pool was open the first night when they took the money from a desk drawer. They also took a Zenith radio. They had to scale an eight foot fence tne second time and then they found the office locked. They climbed over a par tition, however, and stole an other radio. The boys volunteered the in formation that about a month and a half ago, they entered the Kensington Junior High School through an open window and took 35 cents in change, five records and some Tee-shirts. Funk to Visit County Soon John B. Funk, chairman of the Maryland State Roads Com mission, has announced that he will visit Montgomery County next Thursday to look over some of the traffic bottlenecks put on record by the County Council at a recent joint meet ing with the SRC. Still unconfmkned are reports that he might take to the air in a helicopter to view these bottlenecks and crowded ar terial highways. $4 Million Hospital Plans Are Revealed iiiiiiiiiiiMiiiiiii iiimiim^MirMMFlr' r \^m'm\ jufugl .trtsmmlm. S|wMflkL .$ _ ■ {, 3* * f *5 : EL. 1M EBHBk'i A HOSPITAL FOR SILVER SPRING is pic tured in this architects’ rendering of the pro posed $4 million, 200-bed Holy Cross Hospital of Silver Spring on Forest Glen rd. Ultimate use of the top two floors will allow expan sion to 300 beds. Half the cost will be born by the Sisters of the Holy Cross, with an New Era in Store For Drunk Driver _ * By Bob Bernstein Staff Reporter In many ways, it was just a routine drunk driving case that was tried before People’s Court Judge John B. Diamond 111 last Thursday. A county police officer delivered the usual and ex pected testimony. The defendant, he said, had been driving in an erratic manner and had shown the symp toms of drink: flushed face, bloodshot eyes, unsteady walk. Later, the defendant took the stand, and his testi mony, too, was more or less standard for the circum stances. He said he had drunk only a few beers on the night in question—four glasses of draft brew some five hours before his arrest. In the past, most drunk driving cases have boiled down to this basic conflict, a case of one man’s word against another’s. And the situation has created no little consternation among enforcement officers and judges. This is due to the fact that, under the theory pre vailing iij our courts, prosecution is difficult without, scientific, objective evidence to bolster the testimony officers. A heavy percentage of drunk driving suspects, as a result, have gone free because the State—even when morally certain of the suspects’ guilt—frequently could not prove its contention beyond any reasonable doubt. Last Thursday, however, a new factor was inject ed into what otherwise might have been just another routine case. A factor that, from that moment, would make it more difficult for the guilty to escape, or for the inno cent to be unfairly convicted. The new element is a laboratory test that meas ures the amount of alcohol present in the suspect’s sys tem. Such chemical testing was sanctioned in Mary land by a new law adopted by the last General Assem bly, and has just been put into effect in Montgomery County. First “victim” of the testing system was James Earl Phebus, 51, a Howard County road department (Continued on Page A-9) ))))) y Emergency Condition County Polio Group In Financial Straits The Montgomery County Branch of the National Founda tion (March of Dime*) Is nearly paralyzed from lack of funds, according to David Macdonald, chairman. He believes that the only way to get the Branch back on its feet is to hold a supplemental, emergency fund drive. Plans for the drive are under way and details will be announced soon. Macdonald reported that the Branch is $7690 in debt and that hills roll in each month to the tune of S4OOO. He said that unless immedi other $1 million expected from a public fund drive. Silver Spring Hospital Association is contributing SIIO,OOO cash and the site, worth $150,000. The Federal Government will pay another $650,000. A special zoning excep tion to permit construction will be sought from the County Board of Appeals. ate remedial steps are taken, the Branch might be $30,000 In debt by the end of the year. He noted that although the Branch has appealed to national headquarters for help, so have numerous other branches throughout the country. "There seems to be no way out,” he observed, adding; "Every day, we go deeper into the hole.” 'The $3600 sent the branch by national headquar ters already has been spent and branch officials now face cur tailment of operations. Anti-Bulldozer Group Headed By Blair Lee Blair Lee 111, leader of the Montgomery County Delega tion to the Maryland Gen eral Assembly, was elected chairman of the Soil Erosion Advisory Committee to the County Council this week. John Neumann, county resi dent and attorney, was appoint ed vice chairman, while Mason Butcher, director of the County Public Works Department, was made secretary. Job of the committee Is to offer recommendations to the County Council on how It can use existing authority to imple ment the so-called "anti-bull dozer” law. The law if used would control construction practices hy de velopers of open land, particu larly acreage near stream*. It was written after conservation ists complained that tons of silt were washing into county stream* and that fields cleared of vegetation frequently lay bare, o(>en to erosion. Lee is a logical choice for chairmanship of the advisory board: it was Lee who pushed for the new law giving the County Council authority to vote itself an anti-bulldozer measure. 5 I %* - Wl Jp w agffx -m .v'-Sis /■’/>/ Chemically-Convicted Drunk Driver Weather Outlook Hot weather looms the next four days, averaging four de grees higher than the normal highs and lows of 86 and 69. Thunder showers tomorrow, maybe again Monday. Mean while, spotty showers likely. Public Drh e [ For $1 Million To Be Launched A $1 million expansion in plans for the Holy Cross Hospital of Silver Spring was announced this week. Revised estimate of the hos pital's cost is $4 million, as com pared to $3 million under origi nal plans. The larger amount will allow initial construction of a 200-bed hospital, instead of 150, and will permit more economical expansion later, according to of ficials of the Silver Spring Hos pital Association. Of the total amount needed, $1 million will be sought from a public fund drive to bo launched in September. Remain der of the funds will come from the Sisters of the Holy Cross, Federal Hill-Burton funds, and the Association. Chairman of the fund cam paign will be Frank H. Proud toot, vice president of the Bank of Sliver Spring, who was named last night in a joint an nouncement of Association trus tees and the Order. Plans call for a seven-story building on a 10.2-acre site owned by the Association on Forest Glen rd. between Dam eron dr. and Sligo Creek pkwy. The top two floors will not be used initially, but will accommo date another 100 beds later. Because of the upward cost revision, the Sisters of the Holy Croaa will contribute $2 million, Instead of $1,490,000, as origin ally announced. The $1 —mlHlon public fund drive is $250,000 higher than had been planned earlier. The Association will contrib ute SIIO,OOO to the total cost, in addition to the site, which is valued at about $150,000. Hill- Burton funds will amount to $650,000. A proposed site plan of the hospital was submitted last night to the Park and Planning Commission, who were told that hospital grounds will be exten sively landscaped and screened from adjacent property. The building is designed by architects Faulkner, Kingsbury & Stenhouse, with Gordon A. Friesen Associates as hospital consultants. Campaign Chairman Proud foot has been In Silver Spring since 1957 and has been active in numerous civic affairs. Pre viously he had been an officer at various banks In West Vir ginia, and was a national bank examiner for the Federal Re serve System for five years. He and his wife and two chil dren live in Burnt Mills Manor and attend the Woodside Meth odist Church, Silver Spring.