Independent Record (Newspaper) - January 13, 1965, Helena, Montana LBJ Proposes Sweeping New Immigration Law By Joseph E. Mohbat Washington President Johnson proposed a sweeping new immigration law to Con- gress It is based on an im- migrant's skill and his family ties in the United States. It would do away with the 40- year-old national-origins quota system. Johnson called the quota system "incompatible with our basic American tradition." Instead, immigrants would be selected on a first-come, first- serve basis, within a system of preferences based on work and cultural skills and family unity. The bill is virtually identical lo one proposed in 1963 by Presi- dent John ;F. Kennedy, Johnson urged Congress today to give the revived bill priority considera- tion. He said the proposed law "both serves the national interest and continues our traditional ideals." "No move could more effective- ly reaffirm our fundamental be- lief that a man is to be judged and judged exclusively on his worth as a human the President said. The bill, he said, would main- tain safeguards against undesir- ables and excessive immigration, require all immigrants to meet U.S. security requirements, and ensure that no immigrants "could contribute to unemployment in the United States." Unemployment figured strong- ly in one of the first congres- sional comments on the Presi- dent's proposals. Sen. John L. McClcllan. D- Ark., said "I don't think we ought to let this country get flooded with immigrants. We've got enough of an unemployment problem as it is." He is a mem- ber of the immigration subcom- mittee of the Senate Judiciary Committee. Sen, Philip A. Hart, D-Mich., promplly announced he would introduce a bill to carry out John- son's recommendations and would ask for early, Judiciary Commit- tee hearings. "The quota system should have been changed years Hart said. An administration source esti- mated passage of the law even- tually would increase the aver- age number of immigrants from to including those not subject to numerical restrictions, such as those com- ing from Western Hemisphere countries. It would clminate an old pro- vision the so-called "Asia- Pacific triangle" that discrimi- nates against persons of Asian ancestry by forcing them to ap- ply under the quota of their coun- try of anceslry even if they have lived for generations in a non- Asian nation. The provision would be abol- ished though the new bill would prescribe gradual elimination ot the whole quota system ovci- five years. The Kennedy immigration bill was sent lo Congress in July 1963. H underwent Senate anil House Judiciary Committee hear- ings but never came to a vote in cither house. The Johnson bill, following ils guidelines, would set at about 000 (ho maximum quota immi- grants each year. No country couid account for more than 10 per cent of the total. But the President would reserve 30 per cent of the total number for distribution to Allied nations who currently send more immigrants than Ihe 10 per cent would al- low. He could reserve 10 per cent for refugees. If a nation fails lo use all of its 10 per cent, ils extra spaces would be reassigned to another nation. Great Britain, for example, uses only about of its annual assignment of under the present system. As under the 1924 law, first preference would go to those with the most to offer the United Slates. But instead of limiting Ihis preference to those with "urgently needed" skills, as under the present law, it would be broadened to include those whose immigration would be "especial- ly advantageous" to U.S. economy and culture. States without fates tax States considering salts lax I States with neither sates tax nor income fox JUST A FEW like lonely sentinels in the night, just 13 states are still without a form of sales tax and four of these are considering it. Average sales tax is 2.93 per cent. Highest such lax is Pennsylvania's 5 per cent and nine stales charge the low of 2 per cent. Most states introduced the tax about the time of World War II. In Last Budget Demo Action Questions Million Fund Surplus liy J. D. Holmes Associated Press Writer Eight Democratic representa- tives signed a resolution today that asks what happened to a million general fund surplus they said the GOP administration indicated for the start of the next biennium. The request for an explanation from Gov. Tim Babcock has Hep. John C. Hall, D-Cascade, as prin- cipal sponsor. It says the million figure shows in Bab- cock's budget at the start of this fiscal year while the anticipated general fund balance at the start of the next fiscal year is only about Sent to Committee HR4, which was sent to the Ways and Means Committee, asks that Babcock tell the House "whether there is in fact a sur- plus in the general fund." Among nine bills introduced in a 16-minutc morning session was Kansas Congressman to Speak At Gov. Tim Babcock's Inaugural Banquet Friday proposal Dcschamps by Rep. Robert Jr., D-Missoula, to remove all quotas on liquor and beer licenses. He would leave an- nual license fees unchanged at for brewers, for whole- salers, for retailers and for local units of nationally char- tered veterans' groups. Nurses' Bill Appears A bill that would recognize the need for registered nurses and licensed practical nurses to bar- gain with their employers on working conditions was intro- duced by Assistant Speaker Gor- don H, Twedt, D-Hill, and three Talks End Washington Japan's Premier Eisaku Sato ends his talks with President Johnson to- day without agreement on policy toward Communist China. The two nations have decided, how- ever, to consult in advance of any proposed policy changes. others. The bill, supported by the Montana Nurses Association, out- lines arbitration steps for dis- putes but prohibits strikes or lockouts, A bill sponsored by Kcp. Man- son H. Bailey Jr., D-Valley, and three others makes persons dam- aging land of others liable for damages caused by their negli- gence. It makes damage evidence of negligence and specifically in- cludes damage caused by live- stock escaping through open gates or broken fences. Another bill by Bailey would limit the liability of landowners for persons per- mitted on their lands for recrea- tional purposes. Sep. C. R. Fischer, D-Deer Lodge, and three others signed a bill giving resident hunting and fishing license privileges to serv- icemen, after 30 days assigned to duty in Montana. Another would provide penalties of to and up to six months in jail, or both, for altering or transferring hunting and fishing licenses. Rep. Garner E. Shriver of the fourth district of Kansas, will be the principal speaker at the in- augural banquet in honor of Gov. Tim Babcock Friday night. The affair is scheduled at 7 p.m. in the Civic Center ball- room, following a social hour be- ginning at Rep. James F. Battin will be master of ceremonies. Rep. Shriver has been a mem- ber of the 87th, 88th and 89th Congresses where he has been on the Committee on Judiciary and a member of the special task force set up to study the Cuban issue. He is a member of the Amer- ican Bar Association, the Veter- ans of Foreign Wars and Ameri- can Legion, Reserve Officers' As- sociation, the Masonic Lodge, Scottish flite Consistory and' the DeMolay Legion of Honor. Prior to serving in Congress he was a state senator two terms in Kansas from 1953 to 1060, and was 'a member of the Kansas House of Representatives from 1947 to 1951. Rep. Shriver is a graduate of the University of Wichita, has done graduate work at tlic Uni- versity of Southern California and obtained his law degree from the Washburn Law School in To- peka, Kan. Reservations for the dinner may be made at the Republican state headquarters. Rep. Garner E. Shriver fntoptnfeenf Vol. 44 Helena, Montana, Wednesday, January 13, 1965 12 Paget Prict Ten Cenrt First Reapportionment Bill Introduced in Senate Apportionment Ordered by Federal Court In a 10-page opinion filed today with the clerk of the U.S. District Court, a three-judge panel of federal jurists in effect ordered Montana's 39th Legislative Assembly to itself. reapportion While the clerk of court refused to interpret the order, which he said was long and complicated, he read over the telephone to The Independ- ent Record the contents of the last page of the docu- ment. This indicated that unless the present Legislature passed a satis- factory reapporlionment meas- ure, the court will be faced with three alternatives: 1. It could order a special ses- sion of the Montana Legislature to effect rcapportionment as was done in Georgia. 2. It could order a temporary plan of reapportionment to be effective until such time as the Legislature docs act, or 3. It could require that all legislators at the next session be elected at large, as was done in Illinois. The court otficial said that he is immediately mailing a copy of the order by the .three judges to Lieut. Gov. Ted James, lo Speaker Ray Wayrynen, lo Gov Tim Babcock and to Ally. Gen Forrest Anderson. A motion by the stale of Mon tana that a petition for an in- junction to order the Legislature to reapportion itself be delayed or dismissed until the assembly j could act, is opposed in a brief filed today in federal court in Suite by A. L. Libra, attorney for the plaintiff, Phoebe R. Herweg. Apparently the t h r e e-judge federal court, headed by Circuit Judge Walter Pope of San Fran- cisco, will not convene to hear oral arguments on the motion for a delay, but will decide it on the basis of the briefs. District Judges W. D. Murray and W. J. Jameson are the other members of the panel. Will Not Slow Action Libra argues in the brief that if an injunction is issued il will not restrict the Montana Legis- lature, but instead will make it free to reapportion itself at once. (Continued on Page 10) Legion Protests Closing Of Miles City Hospital The American Legion of Mon- tana is protesting the closing of the Miles City Veterans Adminis- tration hospital to the Montana congressional delegation in Wash- ington, D.C. Stale Legion commander, Pat Kellcy of Sunburst, said protests started lo Ihe nation's capital as soon as word was received Tues- day that the 100-bed hospital would be closed on June 30. At least five Montana Legion posts held special meetings. The 128 Legion posts in Mon- tana received instructions from stale Legion headquarters to add to the protest. The Montana Legion said the Miles City VA hospital is filled lo capacily with patients from Montana, North Dakota, South Propose New Laws To Continue Program Property Reclassification Report Heard by Legislative Committees By Mike Voeller Itions of the board relative to re- The Stale Board of Equaliza-lclassification presented by John lion met with committees fromtAlley and (he presentation of the Senate and House Tuesday night to review the reclassifica- tion and appraisal of property in Montana and recommend legisla- tion to continue the program. Dan Fulton, chairman of the stale board, told members of the Senate Stale Administration and Taxation Committees and the House State Administration, Ways and Means and Township and Counties Committees that the board was reporting as re- quested by the 1963 Legislature, Give Status Report Included in Ihe general was a report on tha status of rcclassification by J. Morlcy Cooper; an outline of lefial ac- proposed legislation by Fulton. Cooper told the more than 70 legislators attending the meeting that 47 of the state's 56 counties were using the new appraisal fig- ures as required by the 1957 law as of February, 1964. He added that 40 counties are using the new land values. Used by 47 Counties In reply to a question by Rep. William R. MeNamer, R-Yellow- stone, Cooper said it can now be assumed that more than 47 coun- ties are using the new appraisal figures since the board knew last February that in some instances the counties had finished the work of appraisal and classifica- lion but the county commission-Hies "were pretty well finished." ers hadn't turned the figures The same general figures were over to the assessor. In regard to appraisals, Cooper said Deer Lodge County had fin- ished but didn't furnish the fig- ures to the assessor. Lake Coun- ty had finished but didn't use the new figures and Sanders, Silver Bow and Treasure counties hadn't completed the work. Four Fall to Answer Four counties failed lo answer a questionnaire from which Coo: per computed the statistics for his presentation. Of the four that didn't reply, Cooper said Missoula County has now finished and Ihe board knew Dakota and Wyoming. The VA hospital near Helena also is filled to capacity. Kellcy said that is proof some Monlana veterans will not be able to receive immediate hos- pilalization if the Miles City hos- pital is closed on June. 30. "The frightening thing is thai we have veterans in Mon- tana and of them are over 00 years of Kelley said. In Washington, the Veterans Administration said the closing of 11 hospitals, 17 regional offices and four domicilary homes will be carried out without impair- ment of essential services. Every employe involved v be offered another job in the VA system. The VA said nearly beds involved in the hospital closings will be relocated at other VA hospitals. Any patients in the in- stallations at the time of closing will be moved lo other VA hos- pitals or homes. general figures were outlined for counties who hadn't completed classification. Most of the meeting, lasted two and a half hours, devoted to a review of legislation proposed by Ihe state board of equalization lo keep the classifi- cation and appraisal program in effect. This same basic legislative pro- gram was outlined lo a meeting of the Montana County Assessors Association during thi; group's annual meeting here last Octo- ber. Opposition Voiced Following Fulton's proposals at State, National Weather Forecast Helena and Partly cloudy tonight and Thurs- day. Cooler tonight, low 25. High Thursday 43. The official Helena tempera- ture at 1 p.m. was 42 H. which Billings ___30 10 National- H. Bismarck __-l -3; Calgary ___18 9 Hazel Bowkcr Sen. David James Named Chairman Of Top Committee By David C. Boeder Associated Staff Writer Two Republicans and one Democrat introduced a wide- ranging reapportionmenf bid in the Montana Senate today and leaders said it probobly would be the first of many redistricting proposals. Meanwhile it was reported that Sen. David James, D- Liberty, was named chair- man of the all-important Re- apportionment Committee and Sen. Dave Manning, D- Treasure, was named vice Carroll College Elects Cherry Blossom Princess Hazel Bowkcr of Libby, pretty senior at Carroll College, has been named Montana Cherry Blossom Princess to represent the Treasure State at the annual Washington Cherry Blossom Festival April 4-11 in (he national capitol. Selected from five Carroll coeds by the Student Body dur- ng elections Monday on campus, Miss liowker, tearfully happy, said she will do her best to win he Cherry Blossom Queen title n April. She has been a member of the the college's famed singing group for Ihe past four years, and has been a member of he Legion of Mary while at Carroll. The Montana Slate Society, made up of several hundred now residing in the Washington, B.C., area, will serve as host to the Montana Princess during the festival. Each year, one of the six units of the University of Montana or of the three private Montana col- leges sponsors a candidate for Cherry Blossom Queen. Candidates must be between 18 and 25 years of age, single and not engaged at the time of the festival. chairman. Main sponsor of the bill was Sen. Earl Moritr, R-Fergus. He said it calls for studies to carve up the state into 2C Scr.Mc and House districts of nearly equal population. Population Breakdown "The population breakdown will extend down to the precinct Morilz said. Co-sponsors of the legislation, the first in the Senate calling for new state legislative districts, L. Mathers, E- William A. Groff, were Sens. Custer, and D-Havalli. Groff earlier this week was a sponsor of legislation to realign the state's two congressional dis- tricts along population lines by expanding the western district to the east. Democrats Caucus In other action relating to the momentous rcapportionment question, Senate Democrats met in a closed caucus to select mem- bers of a Reapportionment Com- mittee. The way was cleared for the caucus on the floor of the Senate when it passed without debate a proposal to amend its rules on committees. The change makes the Reap- poi'lionmcnt Committee ,1 per- manent committee rather than a special committee and provides it with a membership of 11 sen- ators. It will screen all reappor- lionmcnt legislation, working with a similar House committee. At least 28 senators have ap- (Continued on Page 12) Supreme Court Warns Two Missoula Lawyers Two Missoula lawyers were warned by the Montana Supreme Court today that further abuse of judge disqualification statutes will not be tolerated. The warning was issued as a result of circumstances surround- ing the disqualification of Judge E. Gardner Brownlee in Ravalli County District Court. It was directed at Attorneys Gille V. Wooton and Hugh Kid- dcr. They are counsel for Melvin McNeal who is facing prosecution on an assault charge. The action was taken to the Supreme Court after Judge Brownlee ruled an affidavit of disqualification was untimely and ordered it quashed. Wooten and Kidder sought to have the Su- preme Court nulify Judge Brown- lee's action. fn an unsigned memo opinion, the court stated it wanted to call attention to the activities of coun- sel and "to what we have referred lo previously as abuses of the statutes permitting disqualifica- tion of trial judges." The high court noted also that it now has before it another case involving Judge Brownlee in which the constitutionality of the disqualification statutes are at is- sue. The court concluded: "We do not deem it advisable to further discuss the matter here in connection with constitutional- ity. We do, however, take this means to issue to counsel a warn- ing that further abuses of the statutory disqualification statues will not be tolerated." FBI Holding Couple Part of Minneapolis Bank Loot Found at Absarokee at the lime the questionnaires I that time Carl Seltzer, assessor were returned last spring thatlfor Cascade County and a mem- Glacier, Richland and Toole coun-l (Continued on Page 12) adus 15 l Chicago le------_ 30 26 Denver___42 19 Cut Bank __ 31 -4 Vegas 61 Dillon 33 28 Los Angeles 65 48 Drummond 35 30 Mpls.-st P'l 5 .23 Glasgow o -10 New Oilcans 60 Great Falls. 27 9 New York _ 35 33 Havre-------3 -11 Phoenix ._ 64 40 Helen.-----37 SI P'tland, Ore. 38 33 Kallspell ._ 32 23 St. Louis 43 31 Lewlstown _ 28 15 salt Lake 36 13 Livingston _ 35 31 San Fran. Miles City a -13 Seattle 4] It MIsiouU 38 55 Spokane _ It 25 Y'wslone 33 t Wish., D.C. 41 IS State precipitation: Bclgrixie, tinct; Uroadus, trace; Suite, trace; Cut trace: Qlasirow, .01; Oreat Palls, trace; Havre, trace; Kallspell. trace; Lewis- town, trace; Livingston, trace; MHea City, trace: Missoula, .04: W. Yellow- stone, .05. National preclplutlon: Bismarck, .01; Chicago. .02; Minneapolis.Bl. Paul, 8t, Louis, trace; Bpokane, .02. Bullc The FBI says a man who posed as a wealthy rancher near Absarokee in east- ern Monlana has been arrested for investigation ot the robbery of the Park National Bank in Minneapolis. The FBI identified him as Clarence F. McCormick, 38, Jack- sonville, Fla., who with his wife, Norma, 20, was apprehended early Monday at a roadblock near Casper, Wyo., after a night- lime chase in Montana and Wyo- ming. Third Arrest Also taken into custody at Guymon, Okla., and charged as an accomplice of McCormick in the bank robbery was William Jacob Sager, 23, Brighton, Colo. The bank was robbed Nov. 25 by two men who entered the rearllaw enforcement officers door, arranged a private conver- sation with the bank president, then demanded A teller was sent to a vault and she re- turned with which the robbers took and fled, the FBI reported. Found The agency said be- lieved to be part of the loot was recovered at the ranch where McCormick and his wife had lived for several weeks. Also seized was a cache of high-pow- ered rifles and hand weapons, all fully loaded, and strategically placed throughout the house. Robert Evans, special agent in charge o( the Montana-Idaho of- fice of the Federal Bureau of In- vestigation, said the McCormicks fled Absarokee Sunday night as preparing for an arrest. Absarokee residents said Mc- Cormick went by the name of John Fleck and had been nego- tiating to buy a ranch near Absarokee in southern Mon- tana's Stillwater County. He was leasing the ranch with an agree1 ment to buy, they said. He spent money lavishly, pos- ing as a wealthy former resident of Florida. The FBI in Minneapolis said it did not know when the two men would be taken to Minne- apolis to face charges, but a corn- plaint was filed before a U.S. Commissioner charging the pair with the bank robbery. Norma McCormick also was named in a warrant (or Interstate transportation of stolen property, the FBI said.