Oklahoma City Times (Oklahoma City, Okla.), Vol. 79, No. 37, Ed. 1 Tuesday, April 2, 1968 Page: 2 of 20
This newspaper is part of the collection entitled: Oklahoma Digital Newspaper Program and was provided to The Gateway to Oklahoma History by the Oklahoma Historical Society.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
2 Tuesday. April 2. 1988 OKLAHOMA CITY TMEg
Heart Victim’s
fen Win Case
•>
(Continued From Page 1)
tlon of the gall bladder)." duty" to rule on whether it
Hmmh Homes to Lose Funds
I*'-’ An inmate, Norvell Da*
I''.'1 via jr., aaid Cooksey "al-
ways said he was sick."
The guard returned to
■ work from three days sick
leave only five days before
his death.
A week prior to his
- death. Cooksey com-
plained of shortness of
• breath and back pains and
a McAlester physician
„ diagnosed it as gall blad-
der trouble, according to
. court records.
•- Prior to that, according
‘/to Veterans Administra-
tion records, he had a his-
tory of diabetes mellitus,
lumbosacrial strain, and
•rtension of the lesser
circulation.
Ex-Judge Hired
He had moved to Mc-
Alester from California to
be nearer a VA facility for
treatment, a former em-
ployer in California wrote
when Cooksey applied for
a job at the prison.
To perfect his case.
Stipe hired a former indus-
trial court judge, J. Clark
Russell, as an associate at-
torney.
Russell, who left the
court in 1967, posed a hy-
pothetical question to Dr.
S. J. Polk, an internal
medicine specialist. The
answer constituted the
medical evidence Stipe in-
troduced on the claimant's
: behalf.
live Hours Later
The hypothetical ques-
tion concerned a male "in
apparently good health for
the past two years" who
had a fight with a prisoner
and "in the course of
which decedent became
excited and nervous and
■a* a result of which dece-
dent collapsed and was
pronounced dead within a
15 minute interval by a
prison doctor.”
- The "15 minute” inter-
val used by Russell was
never fully explained.
TSl'ussfer testified he saw a
fight at 2:30 p.m. Cooksey
a heart attack at
7:30 p.m. — five hours af-
ter the alleged fight.
Award Protested
Dr. Polk ruled that a
man in good health who
had a fight and "suddenly
collapses and dies within a
few minutes” almost cer-
tainly suffered a cardiac
seizure caused and aggra-
vated by "the unusual
stress to which he was
subjected in the perform-
ance of his duties immedi-
ately preceding his col-
lapse.”
The State Insurance
Fund, which underwrites
workman's compensation
insurance for the prison,
objected to the $13,500
award granted by Judge
Silas Wolf.
Attorneys for the fund
jrgued that the evidence
showed Cooksey died of
natural causes.
$2,700 Fee
Wolf granted Stipe a 20
percent attorney fee in the
case — $2,700 — leaving
Cooksey’s survivors $10,-
800.
The five-member indus-
trial court, sitting as a
body, later unanimously
affirmed the award.
The case is now on ap-
peal to the state supreme
court.
Judge Swank said any
doubt must be construed in
favor of the defendant.
"The supreme court has
told us that time and time
again,” Swank said.
A supreme court source
challenged Swank's claim
on an off-the-record basis.
"Just like jurors in a
civil case, the lower court
must rule on the evidence
_on its believability," the
source said.
He said the industrial
court has the "right and
believes evidence or
whether it gives more cre-
dence to some evidence
than to other evidence.
However, when the case
comes to the supreme
court, the high court can-
not review the evidence,
he said.
"The supreme court can
rule on matters of law, not
matters of fact,” the
source said. “The supreme
court must consider the
evidence that the lower
court said it believed in its
best possible light."
As a result, the source
said the high court is un-
able to overturn work-
man's compensation cases
if there is any evidence at
all accepted by the lower
court in making an award.
TOT SHOT in Vietnam brings a response typical the
world over. Tears roll down the checks of this child
who gets an anti-plague injection from a U. 8. 82nd
Airborne Division medic, near Hue. The mother, wear-
ing a conical hat, holds her child. (AP Dlrephoto)
State
(Continued From Page 1)
There is a procedure that must be followred and they will
explain it to you.
Mv husband died laat September and I was supposed
to get a $99 Social Security check in October. Ikeepi get-
ting the run-around from the Social Security office. P.M.
Joseph J. McCain, district manager of the Social Se-
curity Administration, says this was a problem in con-
nection with student benefits for your son. He says the
problem has now been resolved and you have received
all the benefits you have due to date.
Mv husband died February 28 and he had been draw-
ing a Veteran* Administration check. I have five chil-
dren all under 18 and we need some help from the » A. l
put in for it some time ago, but I can't get any results.
Should I write the governor, or get some a senator to
sign some papers? Mrs. E. J. A.
Tim Turnbull, service officer for American Legion
Post No. 35, says he is familar with your case and has
assisted you with grocery orders and so on. He says the
VA is holding up your claim until some marital problem
are straightened out. He says you were advised of this
sometime ago.
We lost a dog and It turned up at the Humane Socie-
only three months ago. Why must we pay this fee? Mrs.
J. H. J.
Clyde A. Barber, Humane Society manager, said you
were charged $3 for vacination, $3 for a Midwest City
dog license, $2.50 impounding fee and .75 cents for board.
He says the vaccination you refer to was not a current
vaccination, even if it was just three months old.
He says that according to the shelter's contract with
Midwest City, any dog picked up by their dog catcher is
brought to the shelter. Before it can be reclaimed by the
owner they must prove their dog has been properly li-
censed and vaccinated. If it is not, it must be done at the
shelter before the dog can be released and that is wny
this dog was re-vaccinated.
Is there some kind of law saying the Federal Hous-
ing Administration has to put up a screening fence be-
tween houses and businesses, something other than ce-
dar trees that die out and get bag worms. We home
owners in the 1600 block SW 81 don’t want such trees in
our back yard. We need a hiding fence. Mrs. J. *»•
Jack Bell, FRA director, says actually the answer is
"no,” but he adds that in his judgment screening is often
required as a protection or benefit to the homeowner. He
says he is aware of your situation and says that at least
two of the properties have a fence and trees. Others did
not want the planting the developer was putting in and
have a chain link fence.
Remember, Action Line wants to protect every citi-
zen’s rights to be treated fairly by gov ernment agencies
— local, state, national — or any other community or-
ganisation. If you are confronted by a problem of this
type, call or write Action Line. And please give a phone
number at which you can be reached in case additional
information is needed.
(Continued From Page 1)
was reached on whom Ihe
slate may support for the
nomination.
Meetings Set
Kerr will meet with
Democratic members of
the state congressional
delegation Wednesday or
Thursday, and has sched-
uled meetings with party
leaders in the state Satur-
day.
Kerr has said ihat pre-
cinct, county and district
conventions in June will
play an important role in
selecting the presidential
candidate the Oklahoma
party will support.
‘Sons’ Mentioned
The possibility of nam-
ing a "favorite son” candi-
date has been advanced by
some party leaders, in-
cluding national commit-
teeman Jim Arrington.
Names of Rep. Carl Al-
bert, house majority lead-
er, and Sens. Fred R. Har-
ris and Mike Monroney
have been mentioned for
the “favorite son” role.
Harris Mentioned
Democratic leaders say
they are keeping an open
mind on all potential can-
didates. Reports in the na-
tional press say that Sen.
Kennedy is considering
Sen. Harris as a possible
running mate.
The possibility that Har-
ris could be a candidate
for vice president could
strongly affect the decision
of Oklahoma Democrats
and could be favorable to
Sen. Kennedy’s candidacy.
However, the wishes of
President Johnson, which
would likely not be favora-
ble to Kennedy, if the
president expresses them,
could also be expected to
have strong effect on Okla-
homa Democrats.
(Continued From Pngo 1>
of the process that In Ihe end
will get peace."
Smirnovsky told newsmen
Johnson's limitation of the
bombing of North Vietnam
was "incomplete" and "not
unconditional." as the North
Vietnamese had demanded.
His remark echoed com-
ments in a dispatch from
Washington by Tass, the offi-
cial Soviet news agency.
Rejection Predicted
Officials in Europe famil-
iar with Vietnamese affairs
predicted that Hanoi would
reject peace talks on the
ground that parts of North
Vietnam were still being
bombed.
The prevailing judgment
in Washington is that the
North Vietnamese believe
events are moving favorably
for them, and are unlikely to
grasp Johnson's appeal to
them to match his initiative
in stopping aerial and sea
bombardment of population
and food-producing centers
beyond demilitarized zone
staging areas.
New Push Seen
One experienced former
diplomatic official, George
W. Ball, says Hanoi will, in
all probability, reject the
president's call for mutual
restraint.
Ball, who served both
Presidents John F. Kennedy
and Johnson as undersecre-
tary of state for six years
and opposed the deepening
involvement in Vietnam, be-
lieves the North Vietnamese
will intensify their "winter-
spring offensive” before
they seriously contemplate
peace talks.
Johnson's removal of him-
self from the presidential
race may lead Hanoi to wait
for a new president.
(CMtiHued From Pago 1)
homes," Rogers
fireproof
said.
Rogers said 437 homes
were licensed last year, with
a total of 20,000 beds. This
year, he said, only 369
homes have been licensed,
but they include a total of
19.808 patient beds.
Barnett and other home di-
rectors cla'.'.v'd the fire- sprinkler system would cost
sprinkler systems would cost
from $3,200 to $15,000 and
that in some cases, the origi
another $4,200.
In making his ruling,
Judge Myers noted that the
uTETu”
On. woman npmur whn
joined the lawsuit said her
home originally cost $10,500,
but she said she has been
forced to Invest $25,000 in
improvements. She said the
Backing Grows
For Humphrey
(Continued From Page 1)
to reconsider his decision quested the meeting to dis-
Vote Due
On School
Patrons of the Choctaw-Ni-
coma Park school system
w'ill vote April 16 on a
$315,000 school bulding bond
issue.
Superintendent, Dr. L. W.
Westfall said the Issue "is
desperately needed to re-
lieve overcrowded condi-
tions."
Proposed in the bond issue
are a new six-room elemen-
tary school at SE 15 and In-
dian Meridian, a five-room
addition to Choctaw Junior
High School and upgrading
work at Nicoma Park In-
termediate School, both lo-
cated in the 900 block of N
Hickman.
School board members
have also asked that a ques-
tion pertaining lo use of
school facilities for student
dances be put before voters
in the election.
Westfall said the dance
question is to see if people
are in favor of school-spon-
sored dances in school facili-
ties.”
Choctaw-Nicoma Park vot-
ers turned down a $198,000
bond issue in December
1966, Westfall said.
not to seek re-election.
Tate, an early firm sup-
porter of President John-
son for renomination, said
he had received a call
from a Humphrey aide
saying, "Hubert is the
kind of a man who can pull
the country together in
these perilous times."
Tale did not name the
aide.
Tate indicated he was
ready to transfer his loyal-
ty to Humphrey.
He earlier described Sen.
Kennedy as "a wise guy"
and said Sen. Eugene Mc-
Carthy (D-Minn.) was not
presidential timber.
Senate Democratic
Leader Mike Mansfield
said he does not expect
President Johnson to take
sides in the contest for the
Democratic nomination for
president.
"I think he will keep
hands off and let the Dem-
ocratic convention de-
cide,” Mansfield told
newsmen shortly after the
White House meeting with
Johnson, Humphrey and
other Democratic congres-
sional leaders.
"Whoever the Democrat-
ic convention selects will
have his support,” Mans-
field said of Johnson.
Mansfield said the sub-
ject of a possible Hum-
phrey bid for the nomina-
tion did not come up at the
White House breakfast.
The Montana senator
also said he found Johnson
"at peace with himself."
Mansfield told newsmen
he was giving them his
Impressions of the White
House session and did not
specify what gave him the
view Johnson would re-
main neutral in the pre-
convention skirmishing.
The president also has
on tap a meeting with Ken-
nedy, who already is con-
tending for the Democratic
nomination, with no date
announced. Kennedy re-
cuss national unity follow-
ing Johnson's startling an-
nouncement Sunday night
that he won't seek or ac-
cept renomination.
Johnson told newsmen
Monday he would grant
Kennedy's request.
Johnson’s announced
exit prompted McCarthy,
to make last-minute ef-
forts to counter a potential
sympathy vote for the
president in Tuesday’s
Wisconsin primary.
Despite the lack of
head-on contests, early
scattered reports indicated
a potentially heavy turnout
of voters.
In Madison, hotbed of
anti-Vietnam war protests,
election officials thought
the turnout indicated that
up to 80 percent of the vot-
ers would punch out their
choices on the voting ma-
chines.
State law prohibits elec-
tion officials from indicat-
ing any voting trend until
after precinct counts are
completed when the polls
close at 8 p.m. local time.
Only Ihe president and
McCarthy are listed on the
Democratic ballot there
and private polls taken be-
fore Johnson's announce-
ment showed McCarthy
way ahead. _
prlves them of their proper-
ty, since Ihe property is not
useful for another purpose.
‘We have a conflict bp-
tween property rights, pro-
tected by consitutional guar-
antees, and the police power
of the state in behalf of the
general welfare,” Myers
said.
"The court finds Ihat con-
stitutional guarantees pro-
tecting the rights of property
do not mean that the use
thereof cannot be regulated
under the police power in be-
half of the general welfare.
"The legislature Is prima-
rily the judge of whether
facts and conditions exist
that make it necessary to
regulate certain business-
es."
€
Canada Urges
Red Response
€ I
Chicago Daily News Serv-
ice
OTTAWA — Canadian po-
lilical leaders greeted Presi-
dent Johnson’s decision on
the Vietnam war with satis-
faction. They called on the
North Vietnamese authori-
ties to respond with positive
action.
Prime Minister Lester B.
Pearson, former Primp Min-
ister John G. Diefenbaker
and Robert Stanfield, Die-
fenbaker's successor as
leader of opposition, all is-
sued guarded statements.
LBJ Pica Weighed
PITTSBURGH (AP) —
The Pennsylvania AFL-CTO
considers Tuesday a resolu-
tion asking President John-
son to reconsider this deci-
sion not to seek re-election.
Adv*rtis*m*nt
10-Minute
jewelry Test
HEAR
EDDIE HUNDLEY
In a Pr*-E«st«r
Revival
■•fhralif March II
7:Jt P.M. ManSay thra Friday
7:10 P.M. Saadayi
Nationally knew* Evaaqtliit
Fcr many __ y*ir« _ _af;__lvM^(IM!c
Fcr many yaar
taaakar al Cam*
Canfarancaa
Matlinti
■iblt
REVIVAL
TABERNACLE, inc.
7100 S. Wntara
Rav. Paul Riqs>, Pastar
Shows How
To Clean
Dentures
Modern dentures are tike fine jew-
elry—very preeious blit very easy
lo dmua*e. That's why so many
dentists now recommend unahing
yeur dentures clean in Kiffmtf..
I'.i.KFMTK'a special stain-remov-
n • formula works 3 urn* al once—
111 deter rent; <2> oxidizer; <3t sol-
. ent - to clean dentures like fine jew-
elry. t For proof. Rive your diaipond
rin? « 10 minute dip in Kt.EENlTE
and see how it removes stainsD
Kast-actinff KlEENITE helpa soak
flwnv dingy denture film; penetrate*
toughest iobacco stain*; helps re-
| ‘dore dentures’ original whitenesa.
| (let easy-to-use Kleenite today.
0 4
Tulsan Dies
In Accident
Iff aaaiMaa
,*•*•»«•••••**
. .................
„MaaaM»tniMM' ••
•jgttsan
A Tulsa County man was
killed Monday night when his
small truck crashed into a
utility pole near Wagoner.
The death raised Oklaho-
ma’s 1968 traffic toll to 160,
compared with 223 a year
ago.
The victim was Clifford C.
Frederick, 46, Route 8, Tul-
sa.
The highway patrol said
Frederick was thrown from
the cab of the truck after It
skidded on S-16, wet with
rain, and crashed Into a util
lty pole. He was dead on ar-
rival at Muskogee General
Hospital.
ALGIERS (Reuters) — The
North Vietnamese deputy
foreign minister, Huang Van
Loi arrived Tuesday but had
no comment on President
Johnson's decision to limit
raids over North Vietnam.
Red Is Silent
On Raid Limit
Amerika Assailed
MOSCOW (AP) — Ameri
ka, a Russian-language mag-
azine of the U. S. govern-
ment popular with Soviet
youth, was assailed Tuesday
in the Soviet press for the
second time in two months.
fora
blrsarih
£aotpr
lOiBtj
card from our fine selection
\
Germans Turn Right
!
BONN (AP) - Rightist
groups attracted a growing
number of West German
supporters in 1967, but at a
slower pace than the year
before, the Interior Ministry
reported Tuesday.
!
HEAR l
RAYMOND
KELCY
EVERYTHING FOR EASTER
• I ASTIR OANDIKS
• FAMOUS BRAND BOXKD OHOOOLATIS
• FLUSH BUNNIBS . . . ABB
• KASTIR BASKKTS FULL OF OOOOIIB
7:30
SOUTHWIST
CHURCH OF CHRIST
8.W. SM A Afssw ^
(le.izci/.B DRUG SIM.
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Gaylord, E. K. Oklahoma City Times (Oklahoma City, Okla.), Vol. 79, No. 37, Ed. 1 Tuesday, April 2, 1968, newspaper, April 2, 1968; Oklahoma City, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc993063/m1/2/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.