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Berkshire Eagle (Newspaper) - June 16, 1969, Pittsfield, Massachusetts HORROR TALES y4 tornEnergy Dangers Summed Vp in Book 17 Vol 78 32 Eagle Pittsfield Monday June 16 1969 Forecast Wwflwr and colder tonight with low in upper 4te Tomorrow sunny and cool High in low 70s Wednesday sunny warmer Otlicidata Page 1 Section 2 26 Cents Court Upsets Powell Exclusion 71 Ruling Finds House Lacks Power To Overrule Voters WASHINGTON The Supreme Court found today the US House was without power to exclude Rep Adam Clayton Powell in March 1967 Chief Justice Earl Warren said Our examination of the relevant historical materials leads us to the conclusion that petitioners Powell and a group of Harlem voters are correct and that the Constitution leaves the House without authority fo exclude any person duly elect ed by his constituents who meets all the requirements for membership expressly pre scribed in the Constitution Warrens62page opinion cit ed instances in which the House had refused to seat other elect ed representatives in the past However the chief justice said That an unconstitutional action has been taken before surely does not render that same ac tion any less unconstitutional at a later date He added What evidence we have of early understanding confirms our conclusion that the House is without power to ex clude any memberelect who meets the Constitutions re quirements for membership Justice Potter Stewart dissent ed in the 71 ruling These qualifications as set forth in the Constitution are that a representative must be at least 25 years old have been a US citizen sevenyears and a resident of the state from which he was elected Powell argued and the court agreed that a congressman who met these qualifications could not be kept from taking his seat Officials of the House relied primarily on another constitu tional provision one that says each house shall be the judge of the elections returns and qualifications of its own mem bers Powell a New York Demo crat was kept from taking his seat after a setect committee of the House had found him guilty of gross misconduct as a con gressman and recommended that he be censured fined and stripped of all seniority He had represented predominantly Ne gro Harlem for 22 years and was chairman of the House Ed ucation and Labor Committee Fund Abuse Charged A specific charge was that he had misused public funds Powell was reelected and took his seat in the Congress last January When two federal courts here rejected his claim that he had been unconstitu tionally excluded from the 90th Congress he appealed to the Su preme Court Some observers suggested the case threatened a collision be tween the legislative and judi cial branches of government But this did not dissuade the Su preme Court from ruling for Powell Our system of government requires that federal courts on occasion interpret the Constitu tion in a manner at variance with the construction given the document by another branch Warren said The alleged conflict that such an adjudication may cause cannot justify the courts avoid ing their constitutional responsi bility FBI Wiretappers ARMINARM new French president Georges Pom pidou and lias wife Claude make their way through a friendly crowd after voting in Orvilliers France AP Pompidou Pledges A Liberal Regime PARIS AP After serving 25years in the shadow of Gen Charles de Gaulle a former school teacher called Georges Pompidou will succeed the gen eral as president of France Though promising fidelity to the policies of De Gaulle Pom pidou has pledged to be more liberal particularly in foreign affairs and promised to enlarge his government to bring in new faces and ideas His personal styie also is ex pected to be less grating to friends and allies than De Gaulles often highhanded un compromising manner Appointment Expected One of Pompidous first acts as president is expected to be the appointment of Jacques ChabanDelmas as premier ChabanDelmas has been one of De Gaulles most faithful sup porters since World War H days and president of the National Assembly since 1952 The victory had been widely forecast and was never in doubt from the minute the first re turns came in Sunday Fired as De Gaulles premier a year ago Pompidou 57 rolled up a bigger margin in Sundays election than the general himself gained in the 1965 presidential election Official returns for all of met ropolitan France and part of the overseas areas gave Pompidou 5778 per cent of the total while his main opponent interim President Alain Poher got 422 per cent But about 31 per cent of the 295 million registered voters stayed away from the double the num ber who abstained three years ago Poher who stepped into the Elysee Palace when De Gaulle quit in April had campaigned to imiiiiiiiiiiimiiiiiiiiiiiiiimiiinimiiiiiiiiiiinmuim FiveDay Forecast Temperatures through Satur day will average below the seasonal normal of 64 Gener ally fair through the week Daytime high temperature in the 70s Overnight lows near f0 Showers Wednesday or Thursdny end De Gaulles rule by op Congratulatory messages flowed in from the United States Britain West Germany and other countries De Gaulle who sat out the presidential race in Ire land cabled For all national and personal reasons I send you my most cordial congratu lations Praises De Gaulle Pompidou announced The vote today seems to me to con stitute a consolidation and even a consecration of this great re form that we owe to Gen de Gaulle The Constitutional Council is scheduled to officially proclaim the results of the election Thurs day night and Pompidou will as sume the presidency Friday Pompidou is expected to an nounce his complete cabinet list Friday or Saturday Findings Due On Green Mt Suspensions POWNAL Vt AP The Vermont Racing Commission expects to release Wednesday its findings in the cases of two ownertrainers suspended from racing at Green Mountain Race Track here last month in con nection with drug charges The commission held hearings Sunday for William Combee and John Gently but commission member Edmund Dupont of Wi nooski said today the results of the healings will not be released until the two men are notified of the commissions decision Combee and Gentry were set down May 22 by track stewards because of alleged violations of regulations dealing with the ad ministering of drugs to horses Both are harness horse own ers Details of the two cases were not revealed Next Sunday the commission will hear evidence in he appeal of a third ownertrainer Joseph Catanese of Hoosick NY set down June 5 on similar charges Cool Snoopers Put on Heat By MARTIN WALDRON 196 New York Times News Service HOUSTON The popular view of telephone eavesdroppers as dispensed in Hollywood movies has been that they are harried men in undershirts seated in dark basements with earphones and recording devices their cigars filling the room with smoke Agents of the Federal Bureau of investigation gave a slightly different picture of FBI wiretapping and bugging The eavesdrop ping they described was mostly done in comfort Interest in FBI wiretapping has increased recently following rulings by the Supreme Court that overturned convictions in which evidence or leads to evidence had been obtained by illegal wire taps In a memorandum Friday the Justice Department claimed unprecedented power to use electronic surveillance to protect the nation from internal attack and The memorandum was filed in US District Court in Chicago in answer to a suit by eight antiwar protesters indicted in con nection with the disorders during the 1968 Democratic National Convention The government said wiretapping authority rests with the executive branch and the courts are not competent to de cide whether such wiretaps are justified One of the first cases sent back to a trial court to determine i evidence had been gathered illegally was that of Cassius Clay also known as Muhammad Ali the former heavyweight boxing champion who was sentenced to five years in prison for avoiding the draft Federal District Judge Joe Ingraham allowed Clays attorney to reveal a limited view of FBI wiretapping through questioning of witnesses One of the first such witnesses was C Barry 28 years old He testified that for four years from 1962 until 1966 he had listened for eight hours a day five days a week to the conversa tions of Elijah Muhammad the Black Muslim leader in Phoenix Ariz Pickett squirmed hesitantly on the witness stand as he testi fied He had little choice about testifying however for Judge Ingraham directed him to answer the questions Pickett said that he had worked from the airconditioned FBI office in Phoenix and had listened through a planted micro phone in Muhammads home as well as through a telephone wiretap Pickett was then on the FBI payroll as a clerk He got his job when he was 2L years old and was assigned very soon to the telephone surveillance along with five or six other clerks Last January he became a special agent Pickett said that he had listened to the conversations re corded them and made notes Whenever a conversation ended he would type up a synopsis of it and give the report to the agent in charge of the clerks assigned to the surveillance He said he had not been told what the object of the surveillance was but had been given guidelines as to what to listen for The tapes themselves were not saved Pickett said After they were condensed they were reused The new conversations being recorded erased the old conversations Describe the size of your recording equipment one of Clays attorneys directed Pickett The inside Pickett replied It was just a bunch of tubes I am not an electronics expert It was a Magnavox recorder He said each tape would hold about two hours conversation Another special agent Robert Nichols of Valdosta Ga sta tioned in the Atlanta regional office of the FBI testified that he had been assigned for a couple of years to supervising a wiretap that the FBI maintained on the Rev Dr Martin Luther King Jr He said his eavesdropping had been on the FBI payroll as work of mail clerks or something like that Much of the information gathered by listening to King never left Kings file in Atlanta he said because it was not considered to be of any value However Frederick J BrowneU a retired FBI agent from Phoenix who had been in charge of the surveillance of Elijah Muhammad said that records of the Black Muslims calls had been typed and sent to other FBI bureaus that might be interested in keeping up to date on the Black Muslim movement TREASURY ex piesses belief that Congress will pass the surlax exten sion on CBS Face the Nation TV interview AP Tax on Tickets Nixon Asks Billion For Air Terminal Aid WASHINGTON AP Tak takes to travel between cities ing note of the nations clogged or when it takes longer for the air traveler to get into an air airports President Nixon pro to riy to his posed today a 10year 5 billion Destination Education Commissioners View Tax Aid May Bar Parochial Prayers BOSTON The states education com missioner Neil V Sullivan said yester day in a television interview that if the state gives tax support to private and parochial schools there may well be court suits questioning the right of these schools to conduct school prayers Pending in the legislature is a pro posed change in the state constitution which would allow the state to appropri ate tax money for the support of private and parochial schools The propdsed amendment has been given initial sup port by the legislature and it must be ap proved by the 197172 legislature before il can co on the ballot for popular approval Commissioner Sullivan assumes that once a school gets state support it must meet state standards Youre going to find he said some court cases as to what schools can do concerning curriculum and their right to conduct school prayer He noted for instance that under threat of losing state financial support the town of Leyden whose school com mittee last week instituted a daily prayer put a stop order on the prayer recitation It was Sullivan who ordered Leyden to cease and desist from opening the classroom day with a prayer He did so because the US Supreme Courl in lOfiS handed down a decision Surtax Backers Push Extension WASHINGTON AP BackDirksen spoke on ABCs Issues evs of the proposed extension of and Answers the 10 per cent income surtax Incorporated in the extension were confident today of victory bill as a sweetener is a Nixon in the House Ways and Means proposal for a special low in Committee but had nearly given come allowance that would take up hope that congressional acabout 2 million families off the tion can foe completed by the tax rolls entirely and in all June 30 expiration date give tax relief to some 13 mil The Ways and Means Com lion persons at the low end of mittee due to act on the bill to the income scale day had turned back attempts Repeal with some exceptions by critics to modify the exten Of the investment tax credit by sion or tie it to tax reforms which businesses recover 7 per But the House probably wont cent of expenditures for equip take up the measure until next ment and postponement of re week and the Senate still must ductions in automobile and tele hold hearings before voting phone excise taxes also are in which means the chance for the package beating the expiration deadline If Congress does not extend has virtually vanished the surtax by June 30 and does But handlers of the bill were not pass stopgap legislation reported discussing emergency employers will have to revert to legislation to keep withholding the former scale of withholding rates at the surtax level for sev income taxes eral weeks while the extension bill they hope successfully runs the rest of the legislative course However a group of Demo crats who want quick action on tax reforms meanwhile will fight to open up the surtax measure for amendments Opponents Want Reforms The opponents want reforms incorporated in the bill or the extension limited to a months or both As it stands the measure pro Rocky Off On 3rd Leg Of Mission NEW YORK AP Gov few Nelson A Rockefeller leaves to day on the third leg of his trou blepiagued presidential mission to Latin America Demonstra vdes extension of the sucharge promised him a hot at the present 10 per cent rate p through Dec 31 then at 5 per cent through June 301970 Meanwhile Treasury Secre m guay The New York governor was Sunday the surtax extension is nt federal aid program to be fi The President proposed that necessary to fight the current nanced largely by an increased the program for construction of flash of inflation and the admin Brazils mod backwoods capital His threeclay visit to mazu Congress This purpose 3 Left Dead Since Rockefeller ir in began his declaring that prayer in taxsupported schools constituted a violation of free dom of religion I am a supporter of Supreme Court decisions Sullivan said I cannot per mit defiance of the law after I take the oath of office and I dont intend to Sullivan who came to Massachusetts early this year after a tour of duty as su perintendent of Berkeley Calif schools was asked how Massachusetts education system compares with Californias The image of teachers in public edu cation here is not what it should be he said Neither is the image of superin tendents or the commissioner what it should be We must do a better job tax on airline tickets and on airways facilities and equip istration is in no mood to coin general aviation fuel ment be increased to about promise on the matter America emu Tho ournose of air transpor million annually for the next 10 Also Sunday Senate Republimost populous country will be tatio is time Ue vears It contrasts with an aver can Leader Everett M Dirksen his longest stay m any one na Presldenl said in a message to age of million appropriated said Congress could get the exturn on tins tour in each of the last 10 years tension work done before June is not served Nixon also proposed federal 30 but he doubted it will do so ia must wait in aid for airport development in He said however he expected terminals when fiscal 1970 of 180 million and in a temporary extension would be modern jet aircraft creep at fiscal 1971 of million with approved five miles an hour in a long line continued expansion leading to Kennedy was interviewed on waiting for takeoff when it a total of bllion in the next the CBS televisionradio pro takes longer to land than it 10 years gram Face the Nation while Peru Venezuela and Chile asked him to postpone or cancel his stop there Because of threatened violence his call on Bolivia was reduced to a itwo hour airport stop The value of a blitztype11 tour and the wisdom of contin uing it amid such hostility has been questioned by leading busi nessmen and newspapers in many Latin American countries and also in the United States Sen Frank Church DIdaho described the mission last week as a farce that should be end ed But Rockefeller defends it as useful He has said that to stop the mission now would be a victory for the enemies of the people of Latin US Banks Attacked Knots of youths attacked two UScontrolled banks in Rio de Janeiro and the US Informa tion Agencys office last week Rockefeller Out signs sprout ed in the streets of Rio and Sao Paulo In Uruguay the nations larg est labor union has threatened strikes and demonstrations un less Rockefeller cancels his vis it scheduled after a stop in Par aguay Little trouble is anticipated in Paraguay governed by military strongman Gen Alfredo Stroessner The political opposi tion there has said it would not A graduating senior protesting recent use n lear gaa by police K break up student participate in the welcoming demonstrations wears a gas mask to her seal al the University of Californias mencemenf in Berkeley About 3SO of 4000 seniors walked out of iho exercisrs Mam flonls ami workers similar to worn similar garb in prolesL againsl police and Mulional Guard actions on campus those in Brazil Graduation California Style
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