VOT.tTME 71._NUMBER 33. O'NEILL, NEBRASKA. THURSDAY, DECEMBER 20. 1951 PRICEi 7 C*TTTt stats hist hoc m ‘BLANKET TAX’ CONSTITUTIONAL Judge Mounts Upholds 1049 - Law in Peterson Test Case District Judge D. R Mounts, of O’Neill, Monday held the blanket 4-mill tax levy law affecting school districts is constitutional. He made the ruling in a suit brought by Charley W. Peterson, extensive Holt county landowner, seeking to prevent Holt County Treasurer J. Ed Hancock from collecting the tax against Peter son’s properties in school district 231, which amounted to $943.98. Judge Mounts heard arguments on the action November 7 and handed down his ruling dismiss ing Peterson’s action. A motion for a new trial was J filed Wednesday. Mounts over ruled the application and the matter will promptly go to the supreme court. O Peterson sought to test the 1949 law on the grounds that district 231, in which his ranch home is located, will not participate in distribution of the tax money be cause there were less than 5 pu pils enrolled during the 1950-1951 school year. He held it is in effect taxation without representation. He contended the tax is not levied uniformly and proportion ately and is gross discrimination against him as plaintiff and others similarly situated, in favor of taxpayers in districts where there are more pupils. He held that cipce there was *’ no school operating in the dis trict there were no expendi tures for which tax money was required. There are 35 such districts, with less than 5 pupils in the county. He said that the law provides for a tax levy without a provision for the needs of the district. He said the title of the law does not disclose that elementary districts with fewer than 5 pupils would not share in the distribution of the funds. Peterson said that the Nebraska law specifically requires that a tax be levied in each district to maintain the school in the district that year. Julius D. Cronin, of O’Neill, and Daniel Stubbs, of Lincoln, are at torneys for the plaintiff. Holt County Attorney William W. Griffin and the attorney-general are defending Hancock, the nom inal defendant in the case. Atkinson Burial for Former Resident ATKINSON—Mrs. Mary Doyle, 68, former Atkinson resident, was discovered dead in bed at her home in Chicago, 111. The body was found by a cousin, who had gone to call on Mrs. Doyle, who lived alone. The remains reached Atkinson early Tuesday and funeral ser- j vices were conducted Wednesday, December 19, at St. Joseph’s Catholic church. Burial was in St. Joseph’s cemetery. Rev. R. J. Parr officiated. Pallbearers were Alex Cleary, Fred Mack, Patrick Corrigan, William Morgan, Jo seph Judge and Nick Schmit. Mrs. Doyle’s husband died a bout 3 months ago. There were no children. Survivors include: Brothers — ‘ John Slachetka, of Newport; Ste phen Slachetka, of Omaha; Frank Slachetka, of Omaha, and Leo Slachetka, of Newport; sis ters—Mrs. Josie Maring and Miss Stella Slachetka, both of Atkin son; nephew—Francis Moore, of Fremont. Her brother, Stephen, went to ’ Chicago to accompany the body * to Atkinson. Schools Await Holiday Recess The O’Neill schools—the public and “St Mary’s academy—will dis miss classes early Friday after noon for the annual yule vaca tion. Classes at the public school will be resumed on Wednesday, January 2, and at the academy on Monday, January 7. Because of storm warnings sev eral boarding students living a distance away were dismissed from the academy early Wednes day. _' Group Sends Yule Greetings To Men in Service— PAGE—Members of the Meth odist Youth Fellowship have sent Christmas cards to men from Page now serving in the armed forces. They include: Cpl. Jack Hartman, Cpl. William Hartman, Cpl. Ernst Graves, Pvt. Gary E. Banth, Pfc. James H. Parks, Ster ling Albright, FA; Melvin Al bright, RMM2; Lt. D. M. Stewart, Pfc. Merwyn French, Cpl. Don ald Nasland, Pfc. Elwin Haynes, Pfc. Arnott Buxton, Cpl. Dale Braddock, Pvt. Donald Prill, Pvt. Sidney Frahm and Cpl. Errol Held. _ Receiving Entries in Decoration Contest — The Chamber of Commerce is * receiving new entries daily in the annual home yule decoration con * test. First and second prizes will be awarded by judges on decora Itions on the north and south sides of the city, divided by Douglas street. Entries should be filed with Secretary James W. Rooney, phone 42. I •*„ ° c o ‘Ave Maria’ Sung from Scaffolds Gounod’s “Ave Maria’’ as sung from the choir loft is fa miliar to St. Patrick’s Catholic church parishoners. Very Rev. Timothy O’Sulli van. church pastor, was some what surprised Tuesday when he entered and heard a rich tenor voice filling the church with the strains. A 50-year-old German-born artist, Wolfang Wittich, was in a precarious position on a high scaffolding busily redecorating the church interior, his brush es working to the accompani ment of his own music. Wittich, a member of the Ea gle Studios art firm specializ ing in church decorations, was born in Germany, studied mu sic and art there, and came to the U.S. about 25 years ago. He is a substitute on the O’ Neill job. The original artist contracted virus pneumonia and could not take on the pro ject. Both are Chicagoans. The art is done freehand and includes work on the altar, ceiling and stations of the cross. The pews this week are being revarnished. The painting is a part of an extensive redecorating and im provement plan at the church, according to Father O’Sulli van. CHESTER FEES, SR., DIES SUDDENLY Funeral Services Tuesday for Veteran Chambers Garageman CHAMBERS—Funeral services for Chester Fees, sr., 54, Cham bers garageman who died sudden ly last Thursday, December 13, at his home were held on Tuesday, December 18, at 2:30 p.m., at the lemorial Baptist church in Cham bers. Rev. Lawrence McElheran, church pastor, officiated. Burial was in the Chambers cemetery. The pallbearers were Wm. Ren inger, Kenneth Werner, Thomas Newhouse, Herman Hubbard, Darrell Gillette and George Thompson. The body was taken to Biglin Bros., in O’Neill and was re moved at 10 a.m. to the Fees home in Chambers the day of the funeral. The late Mr. Fees was born March 8, 1897 at David City. He _ame to Holt county in 1922. He was married to Myrtle Gor don at Plainview, Tex., on Sep tember 18, 1920, and they became the parents of 3 children. Survivors include: Widow; daughter, Mrs. Albert Farrier, of Compton, Calif.; suns—Richard, of Chambers, and Chester, jr., also of Chambers; brothers—Alvin Fees, of Vallejo, Calif., and Robert Fees, of Lincoln; sister—Mrs. Wm. Workman, of Lincoln. There aVe 2 grandchildren. The late Mr. Fees was a veteran of World War I and a member of he American Legion. More Off-Campus Studies Planned — “We are trying to arrange foi 2d semester off-campus courses,’ explained the Holt county super intendent of public instruction, Miss Alice French, this week. At the last meeting of the pri mary activities class the following seemed to be the most desirec subjects: Children’s literature geography of South America, and teaching arithmetic. “Please con tact the office if you are interested in any of these classes,’’ Mist French explained. “Since we are all busy with Christmas preparations, my office will close at 12 o’clock noon Sat urday, December 23. It will be open all day Saturday for the re mainder of the school year,” she added. NEWS DELAYED Considerable newsmatter from The Frontier’s correspondents in outlying sections of the O’Neill region has been delayed because of storm conditions. As a result this issue is being contained in 12 instead of 16 pages. Frontier for printing 1 RETURNS FROM KOREA . . . QM/3 Francis B. Luben (a bove), son of Mr. and Mrs. Wil liam Luben, of O’Neill, has re turned from navy duty which included the Inchon landing in Korea. A reservist, he was re called to the navy a year ago. He was separated from the na vy Friday and is spending the holidays hero. O'NEILL CIVIC CHORUS IN DEBUT . . . Director Charles B. Houser and members of the newly-formed O’Neill Civic chorus posed for The Frontier’s camera following Sunday’s debut—a pre sentation of Handel’s oratorio. "The Messiah.” In the photo are (left-to-right): Front row—Rev. k. W. Olson, D. H. Clausson, Clif ford Dick, Stanley Lambert, John Bowen, Melvin Miller, Mr. Houser (standing). Grant Peacock, Roy D. Johnson. Dewayne Landis. Eddie Bridges, Bruce McElhaney, Don Hagensick, Delbert Dick John H. McCarville. James Bastian (pianist); second row— George Hammond, Mrs. Earl Ralya, Mrs. D. H. Clausson, Priscilla Holsclaw. Suzanne Moss, Mrs. Clay Johnson, jr., Mrs. George Jan + + + —Th« Frontier Photo A Engraving ousek, Mrs. Kathleen Flood Hansen, Mrs. Grant Peacock, Mrs. Thomas Hutton. Mrs. Donald Loy. Mrs. Roy D. Johnson, Mrs. Howard Manson. Mrs. D. E. Nelson. Mrs. John Harbottle. Loretta Enright. Mrs. R. W. Olson: back row — Janice Holsclaw. Betty Thomas. Leona Troshynski. Mrs. Kenneth Adams, Mrs. Nick Schmit, jr.. Mrs. C. L. Brady, jr., Barbara Bennett, Pat DeBolt, Mrs. Stanley Lambert. Mrs. William Mattern. Mrs. Robert Corcor an, Betty Harmon, Phyllis Harmon, Elizabeth Schaffer, unidenti fied (partly hidden), Mary Lou Conard, Mrs. Harold Lindberg, Helen Thomaa. ★ ★ ★ ‘The Messiah’ Pleases Large Audience