ability? The principle here sought to be applied by the commission has been tried and has failed in Soviet Russia." Meanwhile, three issues involving Gegner are pending in Greene county Common Pleas court in Xenia. Judge Herman Weber, who is handling them, reports no recent developments in any of them. Pending are:
ONE--Weber's ruling on challenges of the validity of his injunction under which the 108 persons, mostly Central State college and Antioch college students, were arrested. Defense attorneys claimed at a hearing Apr. 16 that affidavits charging 103 adults were deficient. Attorneys were to submit briefs. There will be no trials until the injunction issue is settled. Meanwhile, most of the students are on vacation.
TWO--Weber's ruling on appeals of 18 Antioch students from convictions in County court on charges of trespassing in Gegner's shop May 18, 1963. Judge Reynold C. Hoefflin fined each 535 and costs total $51.
THREE--The case of Otha Nixon vs. Lewis Gegner. Nixon, Yellow Springs Negro resident charged the barber with discrimination in his refusal to cut his hair Feb. 1. The case was transferred from Yellow Springs mayor's court to Common Pleas court, where Judge Weber converted it into a civil action last February. Trial was scheduled Mar. 4. But a few days before, Gegner's attorney filed a cross petition, asking $500 damages against Nixon. THE TRIAL was postponed indefinitely when Nixon's lawyer was granted a continuance to file a cross petition for his client. None has been filed.
Gegner's efforts to resist integration began when he was first arrested on a discrimination charge in April, 1960, four months after he opened his newly built, newly equipped shop. His father, Louis Gegner, now 83, manned the second chair.
SINCE THEN, he estimates that legal fees and loss of business-the latter as result cf a long series of demonstrations have cost him $15,000.
In November, 1961, PauI Graham, a Negro chemist of Yellow Springs, filed a discrimination charge against Gegner with the Ohio Civil Rights commission. He charged the barber refused to cut his hair for reasons of race. The OCRC, after a hearing, ordered Gegner to cease discrimination. Gegner appealed the order in a Common Pleas court suit.
ON MAY 3, 1963, Common Pleas Judge Warren Young of Warren county, sitting on assignment, ruled in Gegner's favor and canceled the OCHC order.
Then, last Jan. 3, the Second District Court of Appeals reversed Judge Young, reinstating the order. Early in February, Gegner appealed to the Ohio Supreme court.
Pickets resumed marching in front of Gegner's shop every Saturday. Their numbers grew steadily larger.
ON MAR. 13, at Gegner's request, Judge Weber limited picketing in front of the shop to three at one time and banned any demonstration within 500 feet of Xenia Ave., Yellow Springs' main street along which Gegner's shop is located.
The massive demonstration occurred the afternoon of the, next day. Police used teargas and fire hoses to break it up and make the arrests.
Most of those arrested spent Saturday night and Sunday in Greene county jail in Xenia, except 21 women, who were transferred to Montgomery county jail in Dayton. All were freed by Monday.
ON MAR. 18, Weber dissolved the injunction at Gegner's request. The barber said he wanted "to avoid any further trouble."
The entry dissolving the injunction quoted Gegner as saying he would keep his shop closed until the Supreme court rules in the case.