TH URSDAY; if/,?>,111A13r9;.• 1964
Johnstown Tax
Dendarod 'lnvalid
PHILADELPHIA VP)--The $lO "eccupation and occupational privilege" taxes of
the city of Jetnstown and the borough of Franklin are unconstitutional, the Pennsyl-1
vania Supreme Courtruled yesterday in upholding a decision by the Cambria County
In a majority opinion, Justice Michael J. Eagen said the taxes levied by the
ordinance lacked the uniformity required by Article 4 of the Pennsylvania Consti.
tution because those persons
earning less than $6OO a year
were excused from paying them.
lie said Article 4 states that
all taxes shall be uniform upon
the same class of subjects with
in the territorial limits of the
authority levying the tax.
Upset Decision
The state Supreme Court was
asked last Oct. 1 by the city of
Johnstown and the borough of
Franklin to upset the decision
by the Cambria County Court
on. Jan. 3, 1963. The city and
borough cited a similar tax im
posed by Allentown which the
Supreme Court upheld last
March 19. •
Johnstown city solicitor Sam
uel R. Di Francesco. Sr. told the
Supreme Court Oct. 3 that the•
occupation taxes are the same
as the ordinances involved in the
Allentown case except the
Johnstown and Franklin taxes
exempt those residents and non
residents who earn S6OO or less.
Eagen said that "the tax
levied by the ordinances before
us lacks uniformity and is in vi
olation of the constitutional pro
vision."
Allentown Tax
In an apparent reference to
the Allentown tax, Eagen noted'
that the legal power of a mu
nicipality to levy a true occupa
tion privilege tax was sustained,
by the Supreme Court.
In a dissenting opinion, Jus
tire Herbert B. Cohen said:
"Here, the tax is on the priv
ilege of engaging in an occupa-,
tion. Is it so obviously unreason
able to state that the privilege,
May be taxed only if its exer
cise produces a return above a
certain amount, that the receipt
of less than such amount indi
cates that exercise of the priv-,
ilege provides, either an insuf
ficient basis for taxation or is
to Verninimus' to require en-,
gaging in all the administrative
and enforcement activity other
wise required? In short, may
we classify in this case without'
violating the Constitution?
Immediate Jump
"The flaw in the majority'
opinion is in its immediate jump,
from concluding that the uni-I
fortuity clause applies to priv
ilege as well as property taxes,
thus concluding that the tax;
levied here lacks uniformity. i
'Both the corporate net in
come tax and the capital stock
tax Imposed by the Common
wealth and paid by Peansylx a
nis corporation* 'are - Mlid - with
deductions and exemptions. I
cannot subscribe to a system of
jurisprudence that permits ex
emptions from taxation to:
corporations and at the same
Colorado
Prof Gets
Post Here
Anthony M. Pasquariello,
chairman of the department of
Spanish, Italian and Portuguese
at the University of Colorado
since 1958. has been named head'
of the same department and pro-i
lessor of Spanish here.
His appointment, approved at;
last month's meeting of the;
Board of Trustees, is effective ,
July 1.
Pasquariello fills a position
that was created earlier this
year following a reorganization
of departments in the College of
Liberal Arts.
Tracy Sturcken, associate'
professor of romance languages,'
has acted as department head,
since July 1.
Pasquariello received his bac
calaureate degree from Brooklyn' '
College. his master's degree
from Columbia University, and
his doctorate from the Univer
sity of Michigan.
This past swnmer he con
ducted research in Spain under'
an American Philosophical So
ciety grant-in-aid.
In 1961, he served as director
of the National Defense Educa.
tion Act Institute for Teachers of
French, German and Spanish.,
The following year he was di-:
rector of the NDEA Institute for,
teachers of German and Span-,
iqh, both at. University of
Colorado.
Before joining the faculty at
Colorado. Pasquariello was as
sistant professor at the Univer
sity of Michigan. He joined the
faculty there in 1948 as a teach
ing fellow.
A member of the Modern Lan
guage Association, the American
Association of Teachers of'
Spanish and Portuguese and the.
American Association of Uni
versity Professors, Pasquariello
has conducted research on con
temporary literature in Spain
with principal research in the
Spanish contemporary theatre.
-- BICYCLE -
REPAIRS • ACCESSORIES
Western - Auto
112 S. FRAZIER ST.
EAT:AT.THttSIOIE` OF THE LION
time denies similar treatmentlly was enacted by Johnstown
to individuals." ICity Council. does not include
In Johnstown, City Solicitor ;the $6OO exemption.
DI Francesco said, in his opin-; On this basis, Di Francesco
ion, the high court ruling willisaid, the 1964 levy should stand
not affect the 1964 levy. !There was no immediate indi-
But the solicitor nested that:cation if the city would appeal,
this year's levy, which recent-!the Supreme Court ruling.
Called 'Sterile'
Rocky's Program for
N.Y. Draws Criticism
ALBANY, N.Y. (A") Gov.
Nelson A. Rockefeller drew ap- ;
plause from the New York Leg-i
islature yesterday as he pressed;
home his no-tax-increase,
pledge, but the program he un-i
veiled in his "State of the;
State" message quickly ran in-;
to sharp criticism.
Democratic legislative lead-i
rers charged it was a "sterile,
barren" program because, they;
said, the Republican governor;
had been "bitten by the bug of,
presidential ambition" and was!
distracted from state affairs.
The state AFL-CIO declared
Rockefeller's message to the;
legislature's opening session!
"proposed nothing" for the'
working man.
As might be expected. Re-1
publicans took quite another,
view.
GOP State Chairman Fred A.
Young said Rockefeller's prom-I
ise to balance his budget with-)
out raising taxes "is a feat
that will not be unnoticed or
unappreciated elsewhere in,'
America."
The program sketched byl
the governor contained few
specifics and carefully avoided!
the kind of major controversy'
that would keep him tied to,
his desk in Albany and re-,
strict his activities in the GOP!
presidential primaries.
His principal proposals to tbs.
GOP-controlled ;egislature:
Repeal of the state's
LIU Goals Praised
By Congressmen—
,-- (Coittiritied - fieiiit pa'gi — O . ne) Corrnack, D-Mass., said the
ana promised wholehearted message was "a progressive,
'GOP cooperation in cutting positive approach to the prob
the budget.. But he said "I lems facing our nation."
hope the administration's new- Humphrey Comments
found enthusiasm for economy Sen. Hubert H. Humphrey
in government is as great imof Minnesota, assistant Demo-
June as it is in January." lcratic Senate leader, said it
Rep. Gerald R. Ford Jr. of , was "a stirring message of re- 1
Michigan, chairman of the Re-'assurance and dedication that '
publican conference and awe are going forward to corn
senior member of the Appro- r plete the unfinished business
priations Committee, predict- of this great nation."
ed Johnson — will ge more' sup- But Sen. Richard B. Russell,
port from the Republicans,D-Ga., a leader of the anti,
than Democrats when it comescivil-rights forces in the Sen
to vote on the fiscal policy he; ate, redeclared war on that
announced." " issue, saying: "Under the
Hits Hard existing circumstances, the
Senate Democratic Leader odds in favor of this shoit-
Mike Mansfield of Montana sighted and disastrous legis
called the speech "a hard-hit-ilation are very great. We can
ting message, without wasted only tighten our belts with
verbiage" and declared: "The increased determination to
responsibility is now up to us, fight the good fight for rea
not the Presndent." He added son and the Constitution with
a "bravo" for the budget goal. every weapon at our dispo
' House Speaker John W. Mc- sal."
THE USED BOOK AGENCY
WE ARE SELLING
BOOKS WILL BE SOLD UNTIL JANUARY 14
Non Profit
!crew laws, much criticized by!
,railroad management as an aid,
to union "feather-bedding."
A seven-point attack on
crime, including• a plan to set
up a multimillion-dollar "elec
tronic brain" to collect and
dispense information on the
;records and activities of crim
nals.
A pay raise for state em-,
i ployes, in an amount "in keep
ing with the state's tight fiscal
,situation."
Rockefeller also emphasized
!early in his 11,500-word mes
sage that he would balance his
.new budget "with no increase
lie taxes." The new spending
'plan is expected to approach
$3 billion.
His efforts last year to boost
certain levies. which he called
"fees," enmeshed him in a pro
, longed fight with conservative
Republicans in the legislature.
~The governor devoted much
of his message to his own rec
ord as governor, reciting a long
list of "imposing accomplish
ments" in such fields as educa
tion, fiscal and administrative
management, human rights and
housing.
The implication was clear that
he was parading his record as
a major qualification for his
party's presidential nomination.
He and Sen. Barry Goldwater
of Arizona are the only declared
candidates for the GOP nomina-i
Lion.
Located on the Ground Floor of the HUB
BOOKS
THE DAILY COLLEGIAN, UNIVERSITY PARK, PENNSYLVAN
PSU To Inaugurate
New, More Extensive
Art Display Program
The University has never been characterized as a
miniature Metropolitan Museum of Art but that might
be changed with the announcement of plans for a more
extensive art display program.
Richard Fraenkel, director of exhibitions recently
appointed by .the College of
Art and Architecture, outlined,
his duties as "bringing the out
side in to the campus."
The primary role of the new,
exhibitions director lies in
"framing an exhibition policy
for the University.'
Far Removed
In Fraenkel's opinion, since
Penn State is so far removed
from any cultural center of
considerable size, students
should have an opportunity to,
view first-rate art on campus.'
During the past term the'
student body was given such'
an opportunity when an ex -1
hibition entitled "Aspects of
the Apollonian Ideal" was held.
Fraenkel feels there is a defi
nite need for an extension of
the University's art displays.
Nehru May
Visit Party
Convention
BHUBANESWAR, India
(P)—Prime Minister Neh
ru has so rebounded from
his latest illness there is
speculation he may attend
the first open meeting of
!the ruling Congress party's
1964 convention today.
A medical bulletin said Neh
.ru suffered a slight weakness
in his left arm and leg. These
show signs of improvement, it
said, and, although his blood
pressure is still high, his gen
eral condition is very satisfac
tory.
In the absence of more de
tailed information from Neh
ru's doctors about his left
limbs, there was talk among
outside medical experts that
the Indian leader, 74, may
have suffered a mild stroke.
Excellent Health
Whatever the cause, party,
delegates were told by the,
party president, Kumaraswami:
lvlakaraj Nadar, that he found'
Nehru "in excellent health and
spirits" on visiting him yester- 1
day morning.
Organizational work and'
committee -meetings- have- oc
cupied the delegates of the
party since Sunday.
A tired and listless partici
pant, Nehru was ordered tol
bed Tuesday by his doctors:
The doctors first advised him
to take a complete rest for two'
weeks, then modified that to
"for the present."
Thousands streamed into,
Bhubaneswar, 100 miles south
east of New Delhi, for today's
open meeting. Nehru ordin—
arily delivers the keynote
speech.
Nehru has shown some
weakness for months. His
manner of getting out of cars
was often laborious. He has
dozed off in the presence of
visitors.
Outside doctors said this
could mean hardening of the
arteries. They said his illness
in Bhubaneswar would be
consistent with such a condi
tion, which involves gradual
decline.
BOOKS WILL BE BOUGHT UNTIL JANUARY 60
not used on this campus until Januaiw 10.
Student Operated
However. the campus lacks any
secure place in which to ex
hibit artistic creations.
At the present time the most
centrally located "art gallery"
on campus is the Hetzel Union
Building. It is limited, though,
by a lack of security. Valuable
art works cannot be housed
there because of the danger
involved.
HUB Renovation
Tentative plans now include
a renovation of the HUB to en
able its displaying of well
known works of art. This, how
ever, is 'merely a beginning—
Fraenkel's long-range plans
hopefully involve the construc
tion of a museum or art gallery
at the University.
He stated that "a university
this size should have a place
where ... it could have an in
tensive display of a permanent
collection" of art works.
As director of • exhibitions
Fraenkel hopes to present art
shows in the future which will
reflect the philosophies of ar
tists "from diverse times." He
wants to display works not
normally seen together and
thus to "touch new nerve end
ings."
A university can, Fraenkel
feels, educate the public as to
the real meaning of art. Such
a project can be accomplished
by combining various sources,
and this is what Fraenkel de
sires as a result of his proposed
exhibitions.
Need Museum
To facilitate an extension of
art on campus, he again
stressed the need for a museum
or gallery. He feels that such
an addition would improve the
Department of Art History in
the sense that exhibits could
be tied in with art courses.
Fraenkel said he hoped that
both students and facullY I
members would help to fur-1
ther the proposed art plans.
ATTENTION!
All persons who signed up for the HUB Travel
Committee's New York World Fair Trip next
Spring must attend a meeting Tuesday, January
14, 1964 at 7:30 p.m. in the HUB Ballroom.
Thank You
HUB Travel Committee
NEW STUDENTS 1
OLD STUDENTS ! \
` 7 t _
-------'----- ' --
MIXER at HILLEL
Sunday, January 12
8:00 p.m,
Everyone Welcome!
WE ARE BUYING
BOOKS
Representatives from Follet College
Book Company will be buying books
DEAD SHIP, a linocut by Melte Santorius, by is Memorial Union of Oregon State
is part of the exhibit "Contemporary Prints University. Artwork in the display was
from Germany II" in the gallery of the selected by Gordon W. Gilkey, chairman of
Hetrel Union Building. The exhibition, the Oregon State University art depart
which will continue through Jan. 27, is ment.
part of an international exchange sponsored
Committee Ignores Govt.;
Plans 2nd Trip to Cuba
A trip designed to let Amer
ican students see what' is tak
ing place in Cuba today is
planned for next June by the
Student Committee for Travel
to Cuba.
About 500 persons will be
able to participate in the trip
this year, the committee said.
L-st year, the U.S. govern
ment indicted three students
who went on the committee's
first trip, attempting to im
prison them for 15 years and
fine them $20,000 each.
Despite this action, the com
mittee said, it intends to con
tinue the trips and welcomes
anyone who wishes to partici
pate. Interested students should
write: Student Committee for
Travel to Cuba, G.P.O. Box
2178, New York 1, N.Y.
School Supply Store
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PAGE THREE
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