Emporia Gazette, The (Newspaper) - June 29, 1972, Emporia, Kansas Sand Year No 285 THE r GAZETTE Thursday the Day of June Supreme Court Decides Today Death Penalty as Now Used Violates the U S Constitution Twenty Pages Capital Punishment Could Still Be Reinstated by Legislatures Good Evening WASHINGTON AP The Supreme Court held 5 to 4 today that the death penalty as it is now used in the United States violates the Constitution and cannot be imposed While the decision leaves the door open for legislatures to re instate capital punishment in some circumstances one of the nine opinions issued by the court said the immediate result is to remove the death sen from the 600 condemned inmates across the land All nine justices filed state ments of their views In the majority were Justices William O Douglas William J Brennan Thurgood Marshall and with some reservations Potter Stewart and Byron R White Dissenting were the four Nixon administration appoints e Chief Justice Warren E Bur ger and Justices Harry A Blackmun Lewis F Powell Jr and William H Rehnquist Reversed immediately by the decision were two death sen for nonfatal rapes in Georgia and Texas and a death sentence for murder in Geor gia In other actions today the court Ruled that former Maryland Sen Daniel can be prosecuted on that he accepted a bribe to influence his posi tion on postal legislation that foe First Amend ment does not preclude the at torney general from barring foreign citizens who are invited to lecture in this country that a federal grand Jury may question aides of Sen Mike Gravel DAlaska about arrangements for publication of tiie Pentagon Papers Here is how the court major ity was formed in the death penalty ease Douglas concluded capital punishment is incompatible with the concept of equal pro of the laws that he found to be implicit in the Eighth Amendment Brennan based Ms judgment primarily on the theory that the death penalty does not com port with human He also cited the Eighth Amend ment Marshall found capital pun ishment to be morally and excessive when measured against the Eighth Amendments Bulletin WASHINGTON AP Sen George McGoverns prospects for o presidential nomination were dealt o crip pling blow as the Democratic Credentials Committee stripped him of more than half his dele gates from California today Kansas At Lawrence 24 People Arrested Miller Leads Officers LAWRENCE Kan AP State county and local drug raiders arrested 24 persons here early today and a search was continuing for nearly 20 others Some 60 to 70 raiders in agents of State Atty Gen Vern Millers office the Kansas Bureau of Investiga tion Douglas County sheriff and county attorneys office and local police took part in the biggest raid here since last February Both Miller and Fred How ard director of the KBI took part in the raid which netted 18 adults and six juveniles The juveniles ranged in age from 15 to 17 and the adults from 18 to 25 Douglas County Atty Mike said the arrests were on charges of sale or possession or both of drugs ranging from marijuana to heroin The raiders carried seven search warrants and 42 arrest warrants Miller said a search was continuing for those named in the outstanding warrants which are for sale of drugs Four of those arrested fied themselves as University of Kansas students Miller said only a small amount of drugs was seized but that officers were looking for individuals against whom cases already had been built rather than for drugs Although the raids had been coordinated between the offices of the state and local officials involved bristled some what at Millers appearance in Lawrence There was really no need for him to be said I dont take credit for In the old days you got fired for falling down on the job now you get fret Todays Forecast KANSAS Clear to partly cloudy tonight and Friday chance of thundershowers west lows tonight in the 60s highs Friday in the 90s EMPORIA AND VICINITY Mostly fair with warm days and cool nighttime temperatures through Friday west to north west winds 10 to 20 m p h tonight low tonight 58 to 65 high Friday near 90 precipita tion probabilities near zero per cent through Friday Emporia Skies Thursday June ap Sunset Sunrise Moonrise Last Quarter July 3 The planet Venus will be promi nent in the morning sky the rest of this year Venus is a little over a8 million miles from the earth today less than one third the distance of the sun Tft President Places Controls on Food DEATH SENTENCE REVERSED Elmer Branch 19 under sentence of death for the nonfatal assault of an elderly white woman was one of three condemned inmates in the country whose death sentences were reversed immediately by the Supreme Court decision today Branch is shown here in his cell on death row in the Ellis Unit of the Texas De of Corrections at Huntsville in this photo taken March 5 1972 AP Wirephoto Writer Sees Concern by Russians Defensive in Castro Welcome Overdose of Heroin Kills Wichita Man WICHITA AP Wichitas first documented death by an overdose of heroin was report ed Wednesday James W Hanna 25 died shortly after arrival at Wesley Medical Center Deputy District Coroner Wil liam Eckert said traces of mor phine were found in the mans organs which indicated an over dose of heroin Police added that after inter viewing the mans wife Marga ret 26 evidence substantiated the fatal overdose Officers said the man appar ently injected the heroin prior to midnight Tuesday and was rushed from his home to Wes ley about day He died at This is the first identified death from acute narcotism in the city of Vice Capt Richard Cole said Belfast Vow Showdown Protestants Planning To Blockade See Court pg 6 See Raid pg 6 From FA A 1 degrees High Wednesday degrees Low last night 61 degrees Barometer steady Humidity 35 per cent Wind 11 College of Emporia Says Probate Court Approves Big Grant College of Emporia officials today announced that they have been notified that the bequest by the late Sam P Wal lingford hasbeen tentatively ap proved by the probate court Here is the announcement from C of In accordance with the be quest of the Wichita grain and oil entrepreneur the College of Emporia had to raise within three years of his death a mini mum of million The college concluded the fundraising cam in November of 1971 with a total of million College President Ronald A Ebberts said the culmination of this special effort and the 000 gift is a new beginning for the college We are extremely grateful to Mr Wallingford and his family for their support and we are equally indebted to the many businessmen trustees alumni churches and friends who helped us accomplish this goal with their Mr Eb berts said State chairman for the mil See C of pg 6 By William L Ryan By the Associated Prest Leonid I speech of welcome to Cubas Fidel Castro this week was an ex in political acrobatics suggesting Kremlin concern about a slipping grip on the world revolutionary movement Evidently the May Soviet American summit has to serious new strains de in the international Communist camp these days and is threatening to compound the confusion generated by long years of angry sniping between proSoviet and proChinese par ties around the world Welcoming his visitor from the Soviet Communist party chief resorted to verbal gymnastics intended to convey the message that while East West war is unthinkable East West peace is impossible The speech had a singularly defensive ring as it dealt with the theme of sum mit with President Nixon These talks said Brezhnev re the real state of affairs in the world and a need to as sure peace and international se curity But he added suc cesses in this important matter in no way signify a possibility of weakening the ideological On the he went on we should be prepared for an intensification of this struggle and its becoming an increasingly more acute form of struggle between the two social systems and we have no rjj doubts about the Since it was the ideological struggle in the first place that triggered the cold war and all that went with it intensification of the ideological war as envis by Brezhnev hardly sounds like a bright premiss for peace Soviet national and security interests tend to clash with overall world revolutionary goals and that seems to be where the trouble lies Although Castros regime couldnt exist without massive Soviet help the Cuban leader has been one of those who took a dim view of the can summit and what it might portend He lost no time in as suring revolutionaries every where that Castro would never make friends with the impe for any reason Another dependent ally and client took an even dimmer view A week or so ago the newspaper of the North Viet army had this to say To oppose the Americans is the gauge to measure Communists combat spirit and loyalty toward the revolution ary ideal in the present era Genuine Communists know how to closely combine their nation al interests with the interests of the world revolution and how to make sacrifices in combat for the victory of their people and the victory of the world revolu Did that mean there were some in the movement who were not genuine Commu who did not subordinate national interests to the inter ests of world revolution Who could they be Defensively Brezhnev said in his speech that his policy was fully in Une with tasks set forth by the international con ference of Communist and Workers parties held in Mos cow in Perhaps but the Russians wrote that script The conference had itself spot lighted divisions generated by Soviet foreign policy Repeatedly enunciated Soviet doctrine says that foreign pol icy must be regarded as one of the most important forms of class If it seems in stead a means of pushing spe Soviet interests apart from those of the movement ele ments in the party around the world get restless Soviet foreign and domestic policy and politics are in extricably intertwined and re act one upon the other nev must be wholly aware that strains developed by the inter national Communist rift con importantly to the fall of Nikita Khrushchev in 1964 Some opposition to policy of detente now has been detectable in shifts of toplevel personnel in Moscow The Kremlin in effect is tell ing Communists at home and abroad to be patient and others stress that Soviet policy is based upon a tripod made up of Soviet armed might support of the national liberation movement around the world and a close alliance of Militant Protestants announced Wednesday night that they are going ahead with plans to force a showdown with the British Army and the Ro man Catholic guerrillas of the Irish Republican Army this weekend The Ulster Defense Associ ation said its members would blockade the IRAs nogo areas and create similar strongholds of their own by erecting barricades around Protestant sections The principal IRA nogo areas are the Creggan and Bog side districts of Londonderry Which IRA gunmen control and which British troops have been forbidden to enter The announcement is a direct challenge to William Whitelaw Britains minister for Northern Ireland who has declared that new nogo areas will not be tolerated But the Protestants warned that any troops who in with their plans will be resisted by force We intend to turn the nogo areas the Catholics have set up into real nogo the UDA said They cannot exist without heating lighting water and food or any of the other essen tial services We intend to see they get none of Paddy Devlin a leader of fhe Social Democratic and Labor party said If they are serious about this proposal their action will lead to total main gas works is in the and if if if Price Paid To Farmer Is Exempt WASHINGTON AP Nixon brought fresh fruits eggs vege tables and seafood under price controls for the first time today but only after the first sale has been made by the farmer Nixon signed an executive or der removing the current ex emption on raw agricultural products from price controls after the first that it will apply primarily at the wholesale and retail level The action will have virtually no impact on the selling cost of meat to consumers Processed meat such as beef and pork have been under controls since the inception of Nixons price controls last November For the first time however products such as fresh vege tables fresh fish that has un dergone some processing and other raw products at whole sale and retail will be subject to Price Commission rules These rules limit businesses profit margins and require stores to justify all price in creases through increased costs Donald Rumsfeld director of the Cost of Living Coun cil told newsmen that action cannot drive food prices down only increased supply or reduced demand could Jo that But he said the decision is de signed to put discipline on price markups and margins at each step of the food processing chain Rumsfeld said Nixons action probably will not be greeted with much enthusiasm at the and retail level Nixon announced last week he is lifting meat import quotas for the remainder of the year in an effort to slow the rise in beef and pork prices But the President has been reluctant to tighten the control program to make it apply to the farm lev el Some of the products that will be affected include eggs in the shell all fresh vege tables all fresh or naturally dried foods and all raw sea food products including those which have been shelled scaled skinned iced rated or decapitated The White House said the ac tion will affect about billion worth of food transactions or about 11 per cent of the food component of the consumer price index The overall figure See Protestants pg See Controls pg 6 ing contest held at Maynard Schoor Playground Wednesday afternoon They are Erik Laughlin son of Mr and Mrs Stanley Laughlin 2330 Diane Ave Matthew way 50 Came Mills daughter of Mr and Mrs Benjamin Rural and Michael son of Mr and Mrs Frank TabaL
