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Mason City Globe-Gazette (Newspaper) - September 17, 1964, Mason City, Iowa l The newspaper that makes all North lowons neighbors i I Edition VOL U4 MASON CITY IOWA THURSDAY SEFTEMftER 17 a Pajxr CmuUis Two OM Fun Ite Rights law ruled against by court Paul which came in 1868jThree Federal judges protest of restaurateur BIRMINGHAM Ala A threejudge federal panel Thursday ruled that the section of the Civil Rights Act is unconstitutional as applied to a Birmingham restaurant The judges who expressed their concern over the spread of congressional powers issued a temporary re straining order against acting US Atty Gen Nicholas Katzenbach prohibiting him from enforcing the act The ruling filed in U S District Court was in connection with a suit brought by Ollie McQlung Sr and his son coowners Ollies Barbecue McClungs challenged the constitutionality of the law and asked for the temporary injunc ion US jynrie section Chickasaw County when this en graving appeared in the 1875 Historical Atlas of Iowa The picture which looks west clear ly showsthe wide street which still characterizes New Hamp tons Main Street Highway Although New Hampton was founded in 1855 it wasnt incor munitys New Hampton by Osgood Gow an one of the early settlers That had been thenaihe of his hometown in New EnglandThe first railroad into the commu nity a train can be seen on the tracks at the right was the Chicago Milwaukee and St churches built in the town The churches were the First Congre gational the Methodist Episco pal and St Josephs Catholic As was the case in many coun ties in their early days Chick asaw County had a countyseat battle In this case the battle Bradford and Forest City now the first countyseat but New Hampton and Forest City waged the biggest battle for the honor Although New H a hi official ly became the countyseat in 1858 the legal battle raged un til 1880 when a new courthouse was constructed there Firm may invest million in to Hughes Dist Judges Seybourn and HH Grooms pi Birmingham and Circuit Judge Walter Gewin of Tuscaloosa Ala heard the case Sept 1 am Held it under advisement unti Thursday The case was the second key court test of the act The mi ing was directly counter to th judgment by a similar three judge Atlanta which ield that the section was con stitutional and that an Atlanta restaurant and others similarly situated came within the scope of the act AM restaurant owner Les er Maddox has appealed that decision to the US Supreme Court He closed his business rather than integrate it Decisions of threejudge pan els may be appealed directly to the high tribunal In Washington a justice de partment spokesman said the Rights of the indi vidual to liberty and property are in dire peril Lynne Grooms and Gewin at do what it the public attempted to do accommodations acked the acts iorcement under basis for en the interstate DBS MOINES east ern company is seriously consid ering investing about mil lion in an Iowa plant Gov Har old Hughes said Thursday Hughes back after a three day trip to New York City with 90 Iowa industrialists and busi said It should be made this duslrial prospects for that year and Iowa I think has asoutheast Iowa city Hughes said the lowans were given tremendous receptions every time they met with New York industrialists and financi See local story Page IS nessmen said he discussed the move privately for 45 minutes with the president of the firm and his staff They are in the final stages of making a decision Hughes Defense secrets released All of our people gave excel lent presentations he said The governor added was sure the trip cleared up some of the misconceptions New Yorkers might have had about Iowa and the Midwest Those making the trip empha sized Iowas industrial potential in addition to its agricultural wealth Miller LBJ has not kept one farm promise SACRAMENTO Calif President Johnson took the wraps Thursday off two major defense to give almost instant warning and systems to destroy nuclear armed satellites This obviously was Johnsons reply to claims made by his Republican rival Barry Gold water that his administration has failed to provide any new strategic systems for meeting a possible Communist attack Johnson in a speech prepared for delivery from the steps of Californias capitol disclosed the development of a new radar that will literally look around the curve of the earth alerting us to aircraft and especially missiles within seconds after they are launched Johnson also revealed that the US has put in place two tested systems with the ability to intercept and destroy armed satellites circling the earth in space good chance He said the Iowa Development Commission has been working with the firm for some months and that it arranged a visit by ers Hughes The governor said the eastern trip produced no hard and fast commitments to add to Iowas industrial expansion Hughes said no companay wanted to be named as consid ering a move If we would reveal the com pany he said it might upset the whole thing No additional industrial sell ing trips are expected Hughes said and none probably will be made until after the 1965 legis lature is over You know how politics gets mixed up in these things said the governor In addition to the firm men tioned by Hughes Gage Kent president of the Grain ProcessFreeman by name Wednesday majca a d fl tour as he whaled away at X7 that took him through Nebraska farm policies of President Johnsons Democratic adminis tration department will appeal the de cision to the Supreme Court He said it wilt ask a stay of the restraining order granted by the threejudge court pend ing disposition of the case by the high court The ruling did not state if the panel considered the publicac commodations section uniionsti tutional as applied to all restau rants The wording in a key par a graph the last one read We conclude that Title 11 o the Civil Rights Act of 1964 as applied to the business operated by these plaintiffs was beyond the competence of Congress to commerce clause and noted that Congress passed the meas ure without attaching legis lative which they said are traditional in measures of this naturej including othe acts1 taken under interstate commerce The simple truth of the mat ter is that Congress has sought to put an end to racial discrim ination in all restaurants where ever situ a t e d regardless of whether there is any demon strable causal connection be tween the activity of the par ticular restaurant against which enforcement of the act is sought and interstate commerce The McCIungs had argued that they were located far from the Interstate Highways catered only to local customers and bought their goods locally al hough they said the goods ori ginated from out of state and moved in Interstate commerce Photofix GOLDWATER GREETS Barry Goldwater bends down from the speakers platform before addressing some 35000 enthusiastic sup porters to shake the hand of a smallNegro boy admirer at Memphis no Civil Rights restaurant in DES MOINES Iowa AP Rep William E Miller against plaintiffs under the cir cumstances of this would be violalive of the Fifth Amend ment of the Constitution of the United States in part reading No person shall be de prived off liberty or prop erty without due process of con cedes he is no expert on farm problems But neither he says are the confused and inept agricultural czars in Washing ton The Republican vice presiden tial candidate singled out Agri culture Secretary Orvillc L in the 1960 presidential cam paign The speech was calculated to fan discontent area which in the most farming political law are entitled accordingly they to the relief for which they pray strategists believe the GOP national ticket must carry if it is to win the November election The New York congressmans farm policy speech here cli The judges said that gress has the naked were two tangible in North Iowa Weather outlook Mostly cloudy and warmer Thursday nrght with rain Hfehs Friday tt72 if Con power Miller told a cheering of more than 2000 at an outdoor rally on the Iowa State Fair grounds that the administration had not redeemed a single major pledge made to farmers and Kansas in mostly damp weather Miller told a news conference crowd before his speech that one of the things Barry Goldwaters administration would do is ap MILLER Continued onPage 1 Inside The Globe Society news 547 Cub Gazette I Sports news Narth Iowa news U Latest markets 14 Mason City news 1415 Comics 1 Clear Lake news 17 Classified pages Itlf Editorials 21 Title II of the Act states that may refuse service to any per son because of his race color religion or i national origin eith er if it serves or offers to serve interstate travelers or a sub stantial portion of the food which it serves has moved commerce The judges in the hearing had been highly critical of the fact that Congress and the Justice Department had failed to specify what substan tial portion meant and gave the courts no guidelines Three children killed as tire flys fromtruck MONTELLO Wis young children washing up for supper in the yard of their rural home were killed and three others were injured Wednesday night when a huge wheel broke off a passing truck rolled 200 eet off the highway and crashed nto them After striking the children the wheel smashed through the side of their home and stopped in the kitchen The dead were 11yearold Terry 6yearold Shela and 4 yearold Sharon Yonash chil dren of Mr and Mrs Thomas Yonash Their father is welfare director of Marquette County in central Wisconsin Phoiofax GREETS CROWD IN Johnson shakes hands with a rain soaked crowd at Blame Wash j Effort made to avert rail strike WASHINGTON UPI Federal mediators pressed efforts Thurs day to avert a possible nation wide railroad strike next week A spokesman for the National Mediation Board said represent atives of the railroads and six shop craft unions had agreed to make a serious effort to resolve their job security dispute Board member Francis A ONeill is meeting with both sides in the first formal talks since negotiations broke off in Chicago last week the spokes man said Union sources said prelim inary strike instructions already have been issued to 150CKK members of the six unions bu with no date set Michael Fox president of th AFLCIO Railway Employes Department reportedly prom ised mediators he would give i hours notice before any striki Other union sources said pre viously that a strike would fo called Monday or Tuesday Labor accord f pfeases 18 J EDITORS is the fourth article m a sixpart series on the views of President Lyndon B Johnson Democratic candidate for the nationstop office The views on a variety of issues as expressed in his news conferences interviews s p e e c he s statements and other public remarks were compiled and document ed for the GlobeGazette by the Associated Press Labor Ata news conference April 11 1964 after the announcement that unions and the railroads would continue to negotiate their dispute rather than hav ing a nationwide strike John son said It is fundamental teewr whole idea of civilized society that we settle by meeting of the minds by a free interchange of conflicting Khrushchev Terrible weapon not a bomb MOSCOW AP Premier Khrushchev said Thursday his terrible weapon is not a nu clear bomb He said the weapon shows what mankind can do that he claimed it had unlimited power It cannot be a nuclear bomb because I saw it near Mos cow Khrushchev told report ers at an Indian Embassy re ception And a nuclear bomb would require testing and we ire not testing now Khrushchev said foreign press reports of his original comments on the weaponmade last Tues day to a Japanese parliamen tary delegation had been misin terpreted I am not saying anybody did it deliberately but you under stand the circumstances I can see how it happened in translation Has Russia jumped ahead By JOHN M H1GHTOWER Oiptematk Affairs Writer WASHINGTON AP Soviet Premier Khrushchev possesses a notable power to agitate and alarm the Western allies He needs only to issue a murky claim to the invention of some monstrous new weapon to set off a vast search for clues that could throw light on his dark secret Whether he similar ly arouses the apprehensions of the Chinese Communists is a question Speaking to a Japanese parlia mentary delegation Khrushchev attacked Chinese claims to 500000 square miles of Soviet territory He said Soviet borders arc sacred and he asserted that the Soviet Union has developed a new weapon capable of wiping out life on earth In Washington US govern ment experts said Khrushchev might be talking about a cobalt bomb which would produce huge amounts of lethal long lived radioactive fallout a death ray possibly a highly concentrated intense beam of light which would destroy life without damaging structures in the target area or some major NIKITA Continued fate J V ideas by responsible ance of the best possible hition This is what at collective barjainiot taWe k There is in any ispute a question of public in erest This interest most ays be overriding But we must never delude ourselves hat we are serving the public interest if at any time we sup ress the legitimate rights of the conflicting parties NATO On April 6 1961 Vice Prest ent Johnson spoke in Paris the 10th anniversary of stablishment of North Atlantic Treaty Organization headquar ers He said He sinfle nation LftJ Centtawd on 3 SAM
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