Kingsport Times (Newspaper) - November 15, 1972, Kingsport, Tennessee Kingsport VOLUME LX NO 414 PHONE KINGSPORT TENNESSEE 37660 WEDNESDAY NOVEMBER 15 1972 5 SECTIONS 40 PAGES A H watches his stocks continue to climb in the local J C Bradford brokerage office this morning Court Backs Teacher's Right To Refuse To Recite Pledge NEW YORK UPI U.S Court of Appeals upheld Tuesday the refusal of a teacher to join in the Pledge of Allegiance to the Flag as required by school regulations It said her right to remain silent was protected by the Constitution The three-man panel unanimously reversed the judgment of a federal judge and sent the case of Susan Russo a 10th grade art teacher back to the lower court for proceedings not inconsistent with this opinion The essence of the opinion written by Judge Irving Kaufman and concurred in by Judges J Joseph Smith and Sperry R Waterman was contained in a paragraph which The right to remain silent in the face of an illegitimate demand for speech is as much as a part of First Amendment protections as the right to speak out in the face of an illegitimate demand for silence Mrs Russo 24 of Henrietta near Rochester had signed a loyalty oath affirming her support of the Constitution but only stood at attention while her students where saluting the flag and reciting the pledge She was dismissed by the local board of education from the school district and had sued for reinstatement and back pay Federal Judge Harold Burke of Rochester ruled against her but the higher court reversed the decision saying that Mrs Russo believed the phrase in the pledge liberty and justice for all did not reflect the quality of life in America today She felt it to be an act of hypocrisy to mouth the words of the pledge when she lacked a belief in either their or the court said The Appeals court said it did not share Mrs Russo's views but because the First ment ranks among the most important of our rights we must recognize that the precious right ol free speech requires protection even when the is sonally obnoxious Kaufman's decision extolled the virtues of patriotism but noted that patriotism that is forced is a false patriotism just as loyalty that is coerced is the very antithesis of loyalty We ought not impugn the loyalty of a one whose convictions appear to be as genuine and conscientious as Mrs for refusing to pledge allegiance any more than we ought to necessarily to praise the loyalty of the who without conviction or meaning and with mental reservation recited the pledge by rote each morning Surely patriotism and loyalty go deeper than that FBI Chief Defends Tire Shooting By United Press International A Southern Airways official said Tuesday that a size metal detector was used on a selective basis at the boarding of the jetliner which was hijacked by three men armed with pistols rifles and hand grenades The brief statement from Lonnie Turner the airway's agent in Birmingham Ala came as the Federal Aviation Ad- said in Washington it was investigating how the gunmen got aboard the Several passengers who boarded the airliner at Birmingham along with the hijackers said they were unaware of any metal detection devices nor were they searched The gunmen hijacked the plane over Birmingham Friday night and kept it in countries for two days before fleeing to Cuba with million in ransom Rita 22 a Delta Airlines stewardess flying Southern Flight 49 as a passenger said she was not aware of any detection device and saw no one searched She said however she probably wasn't checked because she was known to airport personnel Richard Senft 45 of Orlando Fla a passenger who boarded the plane in said We weren't searched nor did we go through a metal detector The only thing I saw was a sign on the wall saying we were subject to said Senft I WONDER HOW THROUGH OUR DETECTION DEVICES The first time we were searched was by the skyjackers An FAA spokesman said Southern could face a fine of if investigators find the airways ignored security procedures Acting FBI Director L Patrick Gray III said in St Louis Tuesday that FBI agents were following his personal order when they tried to stop the hijacked plane with gunfire at Orlando Explaining his decision Gray said the plane had been flying for 28 and one-half hours had made six landings in the United States Canada and Cuba and obviously the passengers and crew as well as the hijackers were all under stress fatigue and tension Were that plane to take off again the lives of the crew the passengers and the More On Page Col 1 Accused Soldier Acquitted In Fragging Court Martial FT ORD Calif UPI Billy D Smith acquitted Tuesday of the fragging death of two officers in Vietnam says he holds no grudge over spending 20 months in an Army stockade awaiting trial I don't have any resentment not Smith 24 told newsmen Not against the Army nor against any individual Maybe against the system of justice The black soldier from the Watts area of Angeles speaking in a low voice said he felt very lucky that the martial panel found him guilty of only one of assaulting u military policeman who tried to arrest him Smith said he would travel to Sim Francisco today to meet with one of his Free Billy Smith militant Angela Davis Miss Davis was acquittal earlier this year of charges in connection with the County shootings of 11170 after 21 months behind burs God lias answered my said Smith's mother GO one of 13 family members in the military courtroom when the verdict was announced Smith was reduced in rank from to I'M anil released from custody with a WE ATI I Kit Continued cold with no- ot today tonight and morning followed by and not quite an cold afternoon High May low tonight mid MV high tomorrow near 50 Probability of precipitation today In 10 per High low morning 16 leave When it expires he will receive a bad conduct discharge for attempting to knee an MP in the groin and spitting on him March 15 11171 the night of the grenade explosion at Hoa Army Base in Vietnam Killed by the rigged fragmentation grenade were 1st Thomas A Dellwo of ville and 2nd LI Kichard Harlan of Dallas Smith's court-martial was the first such fragging case tried in the United States The court-martial panel which included two blacks deliberated for five hours and -10 minutes over two days before returning the innocent verdict Two hours were spent in deciding the punishment Smith who could have received a year at hard labor for the assault charge exchanged his uniform for a brown and black flowered Aloha shirt for a news conference where he grinned and said I just retired Smith testified luring the trial that be was smoking marijuana with buddy when the fragging took place and that be was arrested because of his known dislike for the company commander apt Kamlall Kigby and 1st Sgt Billy Willis the officers the Army prosecutor said were ho Intended victims ON MARCH U.S Marine Corps covers i lot territory including n new military installation near Jonesboro For more about the up and coming Marines at Daniel High School see page 1-D Back To B u in pass Cove The Sullivan County Court's health nnd welfare committee tentatively approved n resolution calling for entering Into an contract with Cove Co to haul the county's trash to Us for n year Ilie resolution will voted on ill the Court's Dec mooting i- Chairman James Myers Jr said Ilie resolution calls for continued efforts lo find a site within the county Ilie committee also agreed io present a for county support of two juvenile homes In and Bristol If Hie proposal Is approved Sullivan Comity will provide about for the homes over ii Market Cracks Barrier NEW YORK the first time in its history the Dow Jones Industrial Average closed above the mark Tuesday breaking a psychological financial barrier and drawing predictions of even better times to come from Wall Street experts The average of 30 blue chip industrials closed at Tuesday up 6.09 points from the day before The new record eclipsed the previous record high of 997.51 set Monday and was a far cry from the lowest closing average of 28.48 set Aug 8 1896 Tuesday was the first time the DJIA had ever remained above the magical mark when the final closing bell sounded It had previously cracked the barrier six times in 1966 last Friday and again at midday Monday only to slip back before the New York Stock Exchanges 3 p.m closing time The Standard and Poor average of 500 stocks also set a record closing at 114.95 up 1.05 The average price of a common share on the N gained 38 cents Most investment experts agreed that the mark was a psychological barrier but on the floor of the exchange at the corner of Wall Street and Broad jubilant brokers cheered and waved when the one- gong sounded and the average was still above The traders on the floor waved at photographers and television cameramen recording the moment from visitors galleries and the floor of the exchange was jammed Psychological or not many members of the financial community heralded it as a harbinger of good things to come William Freund an economist and vice president of the New York Stock Exchange said I think it's merely a reflection of the basic strength and soundness of the American economy And I'm delighted Another expert Ralph DeNunzio a former chairman of the NYSE Board of Governors and now a vice president of Kidder Peabody I'm delighted I think it's a real milestone one that may give con- to the public regarding the equity market I think it reflects the removal of a lot of uncertainties like the election and administration policies The More On Page Col 1 Indian Graves Bays Park Director Replies By MARY KISS Staff Writer Are displays of Indian bones and artifacts such as the one in Bays Mountain Park a grave injustice to the American Or are such archeological exhibits justifiable as a way of teaching people about ancient The question has been raised several times recently and was spotlighted by a Kingsport resident Fred A Peters in a letter to the Today it was answered by Jack Gross Bays Mountain Park Director Peters charged that persons who dig into ar- sites to collect Indian relics and bones are committing a and said he had just learned that the contents of one Indian grave are now on at Bay? If this is true he wrote I would like to know by order of whom these Indian remains are on display at the park I feel that this grave injustice to the American Indian should be corrected by the reburial of these remains Another reader has asked me why the remains of prominent white Kingsport and area citizens are not dug up and put on display as are the Indian Peters added Park Director Gross explained that the Bays Indian Mountain display came from a site at Holliston Mills excavated by the Kingsport Archeological Society The exhibit encased in a plastic bubble near one of the park trails includes the skeleton of a young woman from the culture which existed in this area 300 to 700 years ago Shell beads a decorated pottery shard and a game More On Page Col 1 Lake Erie Slams Over Bank Martial Law Follows Floods PORT CLINTON Ohio hundred Ohio National Guard troops were activated for flood duty in Ottawa County where martial law was declared today for a strip of land along Lake Erie that was under water A 6 p.m to 7 curfew was put into effect and armed patrols allowed only those persons carrying passes into and out of the area to prevent looting No deaths or injuries were reported in Ohio but damage was expected to exceed million in low-lying areas near this city of Cottages facing the lakefront in Bay Township Willow Beach and Jerusalem Township were washed away Five persons were rescued from rooftops by helicopter crews who lowered cables Schools in the affected area remained closed for a second day The Coast Guard station at Marblehead said several persons were stranded today on Middle Island about 10 miles offshore We couldn't take a helicopter out there because of wind the Coast Guard said We know they're in no immediate danger We'll assess it today and decide whether waves have subsided enough to send a boat out Coast Guard helicopters assisted in evacuation of 77 persons Tuesday including 30 stranded six miles west of here near the Sand Beach area of Locust Point The gale force winds that pushed waves onto the land along the western fringe of the Great Lake were compounded by a near blizzard according to a deputy in the sheriff's office It's like getting you down and stomping on the deputy said Hundreds of persons were evacuated from their water filled homes in Lucas Ottawa Sandusky and Erie Counties Authorities in all four counties however said the floodwaters were subsiding today Most of the homeless waited in special evacuation centers or schools This is the worst we've ever had said Bay Township volunteer fireman Charles Brough who was assisting in the evacuation and policing of flooded areas of Ottawa County Gov John J Gilligan ordered the activation of the National Guard Tuesday at the request of Ottawa County officials He also authorized the use of four Guard helicopters Trucks carrying sandbags also were rushed to the beleaguered area Germans Use Robot Guard Germany UPI -A robot gnn guarding Hast Germany's frontier shot and wounded a man trying to sneak into the West police said today Hie incident quickly an issue in West Germany's election campaign How can we possibly sign a treaty that would regulate relations between the two while Germans are still murdered at the demarcation asked the Christian Democrat candidate for Chancellor The Social Democrats who currently govern West Germany in coalition with the Kree Democrat parly retorted quickly with a statement from Kgon Franko Minister for Relations shooting devices fences and minefields on the seen by the whole world as and alarming evidence of 20 years of confrontation and policy Franke referred to the 20 years the Christian Democrats governed West many from to He the current government will not put up with such shootings and strongly condemns the In- al FOOD BANNED CHILI STARVES MIAMI UIM ordered doctors to begin testing today the sanity of a father charged with starving his son to death by forbidding his wife to feed the child Michael 41 a father of six was charged with manslaughter in the death nf his son Dean and was sent to a hospital for psychiatric evaluation Into Tuesday 28 told police her husband had ordered her not to feed the child for the last three months but that she had slipped him small amounts of food said when he brought the child to Variety Children's Hospital Monday night that Dean would not drink anything but chocolate milk Neighbors who had complained to authorities earlier about the children being neglected called the household a house of terror There were only screams crying sounds ol beating the threatening the wife and he wife to leave him nnd lake the wild
