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Newport Daily News: Tuesday, November 16, 1965 - Page 1

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   Newport Daily News (Newspaper) - November 16, 1965, Newport, Rhode Island                                Teather Data Wednesday Rises Tides high A.M. P.M. Low A.M. P.M. Monday's blgb 42 low 32. ESTABLISHED Local Forecast Cloudy, warmer, wllh general rains lonlghl, low IS lo 50. Kain ending early Wednesday, partial clearing, windy and colder. {Detailed Report on Page 2) VOL. 209 NEIVOKT, K. I., TUESDAY, NOVKMIJKK Hi, IDti.1) 18 PAGES PRICK SEVEN CENTS Court Ban Voids Red Round-Up WASHINGTON" (AP) After 15 years of frustration, the gov- ernment surveyed (he wreckage of its Communist eonlrol law today and decided lo move ahea'd in that field as best li can. The Supreme Court took mos of the starch out of the effort Monday. It ruled that Commu- nist parly members cannot con- stitutionally be forced to regis- ter with the. government be- cause of the risk of seU-incrimi- nalion. Thus in one 11-page opinion the court wiped out 43 member ship cases developed after long and costly hearings by the Sub- versive Activities Control Board. Sen. 0. Eastland, D- chairman of the Senate Judiciary Committee, said the decision by the high court "is not the first which has over; throivn a provision of the la enacted by the Congress as pr lection against subversion. "Either our government ha the power to protect tee against subversion, or it face Inevitable destruction." Eastland said in a statemen he will ask his committee t meet soon after Congress, recon venes in January. He said hi group will try to "plug th gaps in the subversion laws. "If progressive changes constitutional interpretation the Supreme Court have made that impossible, then it will be the duty of the Judiciary Com mittee lo recommend an ap proprtote' constitutional amend he.said. Since the opinion announced Monday by Associate Justice William J. Rrennan Jr. was di- reeled specifically at that provi- sion of the law aimed at individ- ual members, the Justice DC- Apartment decided to continue its prosecution of the party for fail- ,'ure to register as Communist front organization. Because the party has failed to register, the responsibility for signing up falls, by, law, on its officers and nmmbers. Officer Stricken, Victim As Flames Raze Warehouse The former MCM -warehouse on Chapel Street was destroyed by the most spectacular fire in years late yesterday afternoon. The fire was discovered bylcall was sounded at Fire- two children, James King, 8, and men were welling down the Celeste Perlingero, 9, returning from an errand. James told Auxiliary Police Capt. George Mrs. Lilyanne Perlingero cf the leaving hose connected in' 3. Itr n fifi! ___: r n HLtua in of flare-ups during Ihe night. Four pumpers and an aerial truck foughi the fire. Call Fireman Willaim En- wrighl cut his foot on a nail, -all Fireman Hoy McPoland 'ell, injuring his arm. Both were :akcn lo Newport Hospital, treated and released. Capl. Wil- son collapsed of a heart attack W. Wilson suffered a fatal heart Chapel Terrace housing proj attack while directing traffic cct. David Hurley, a neighbor, and two call firemen receivcd.-sounded the alarm. The alarm injuries. The fire in Ihe vacant was pulled In-ice and the fire building was sel by an eight- department was deluged with a vear-old boy jxjlice said. nnmhn.. The stcry lOO-by-40 foot building was a mass of flames In every section when the fire- men arrived. Flames were again, leaping 100 feet into the air, and black smoke sparkling wilh em- bers climbed into the sky. Just number of calls reporting the blaze. Box 422 was rung at ruins until one truck re- maining.until p. m. and and at was sounded Fire Chief John E. Waller- son, approaching the fire, or- ABANDONED WAREHOUSE DESTROYED BY FIRE The one-time Curry woodworking mill arid MCM warehouse is engulfed in flames and smoke during height of fire on Chapel Slreet laic yeslerday afternoon. (Sullivan Photo) Savage Battle Near Border Takes Heavy Toll Of Reds dered Ihe audible at dusk the flames and smoke sounded al p.m could he seen for miles. Eight streams 01 water were poured Into the fiery mass bj .firemen. They contained Ihe fire in the warehouse building, anc protected from damage two Chapel Terrace apartment build ings less than C5 feet away The leaping flames and spark laden smckc rose high above the two buildings, and the heat was scorching. IA DRANG VALLEY, Soulhjlhe last three days in the central Nam (AP) Men of the highlands near the Cambodian 1. S. 1st Air Cavalry Division odiing their ground in the big- est battle American troops ave fought in Viet ack two new assaults today by :orlh Vietnamese regulars hillside entrenchments wve them. A military spokesman said Communist have now been lied, and confirmed by txxly ount, in the savage struggle'of frontier. American losses were reported to remain moderate. Dug in around a helicopter landing zone in the la Drang Valley, the troopers were ex- pecting another attack. The North Vietnamese have the advantage because they hold the high, ground a chain of mountains that stretches iiuo neutralist Cambodia, six .miles away.1 TXe Comjmunlifi--'Have The entire south side of the building, from Ihe second floor to the peak, fell in one flaming mass, landing close to where been digging in across thesc'rr-sumed the attack on the 1st firemen were a hose. mountains for years and know them inlimalely. Intelligence officers said there are possibly four or five regi. mcnts from the asth Noun Vietnamese division in the mountains. They originally had believed Ihe division to be the 3Mfh. Communist Cavalry troops in the la Drang Valley about 4 a.m. This attack lanered off at dawn, but three hours later about 600 North As portions of the slate roof caved in sparks and burning embers erupted. larg, None were hurt. For more than an hour, the in the flames. The windows Vietnamese launched a coordi- were flickering orange blocks natcd attack against two U.S. units. Two Red companies came at with yellow tongues of flame leaping out. fire horn The re at 5 p. m. Taken to Newport he was Hospital, he was pronounced (Continued on Page 2) Council Holds Up Festival Hearing George Weln, producer of the Republican Town Committee Newport Jazz and Folk Festi- vals, last night pclilioned the Mic'dletown Town Council to add a new use lo the zoning classification for West Main Road at Greene T.ane. This is asked the Council if it intended lo hold a hearing so that the townspeople cculd express their views on the "festival site. He said the decision on a hearing was entirely up to the Council, h nf OVUUHI, e area where he has bought that no citizen has a-righl to de- ,ne 104-acre Coggeshall Farm mand one as a site for his festivals. j Edward' B. Corcoran of Ihe Joseph J. Macioci. Wein's at town solicitor's firm, said orney, filed the petition yester- im; pvuiiuu jcaici- building was a mass of day aficrncon wilh Town Clerk flames, the- slate jidcs holding James A Peckham ,or M. ration 'at last night's, meeting if the Town Council. He asked hat the West Main Road area, Crowds were attracted fo thelonened lo the use by festivals. low z o n ed residential, be a public hearing before it rcn- gunfire downed the Americans from one direc- fire, but the flames and heal two U.S, helicopters today. The lion, Memorials Will Be Sa The Redevelopment Agency ast night considered plans for Jie preservation of two memorials on the Government One bears -the names of Ihose killed at the Naval Tor-wdo Station, from the World Var I explosions unlil its clos-ng after World War II, and the lames of those killed In the Govermr yed For New Reserve Association. A salary range was set for the full lime position of relocation director for the Thames Slreet renewal project, for which there are about 25 applicants. The range was set at 50, 00 lo The agency had a request from Lodge 113. Landing Locations Caine, personnel supervisor al (he Naval Underwater Ordn-nance Stalion, extended Ihe cooperation of Ihe Navy. He said (he Navy was prepared to furnish a site at Ihe NUOS where he said there was considerable sentimental attachment. He said they had discussed the mnl-tcr previously with former Ma- of cuc'd. 'The others dead. Fresh while two olhers struck Once "BaiD troops flew in to reinforce the lines around the landing zone, 'originally manned by about men of two cavalry battalions. In Ihe air war, two Comma- e-.'believed Reft-fafe'driven back. Twenty- four enemy snipers infiltrated the cavalrymen's defense per- imeter but most of them were killed. U.S. fighter-bombers prmndcd Ihe Reds without letup, but the Communists showed no sign of nt off ta some cta Terrace buildings, and oan- of the aparlments. Red flashing lights on apparatus cast moving shadows through the smoke. nist MIC- fighters fired on two retreating, They were dug in on unarmed U.S. photo-rcconnais-ja hill overlooking the sance planes over North Viet vallev. Nam. The American planes es- caped unharmed. "The terrain is their own and is favorable to their defense, William R. Michael, outgoing president of (he Town Council, said that bcdy would not act on" it He said a. new Council will dies started flickering in many take office. next '.Monday and the decision should be left to it. Bay II. Durfee, a lawyer and a member of the Middlefown changes in the zoning laws are onlirely the prerogative of the Town Council. He said, however, thai" if the Council considers any zoning change it must ad- vertise for three- weeks and hold ders its decision. The Town. Council also re- ceived a petition from "real es- aie operator Edgar F. McKin- ney and-olbers to change West Main Road from Forest Avenue o Oliphant Lane from residen- ial lo business. The Council put off aclion'on this petition, also. About 500 North Vietnamese U.S. spokesman said. explosion the Naval Undenva. ter Ordnance Station. The other live to Ihe memorial on Go1 memorial is that of the Fleet eminent Landing. Raymond V Halt Wiretap Liberties Committee Asks SPECIAL TO THE NEWS PROVIDENCE An ab- solule prohibition against wirelapning was recom- mended for inclusion in the slate's new constitution Monday by the Constitution- al Convenlion Commiltce on Personal Liberties. The ban, according fo James F. Murphy, Demo- cratic delegate from War- ren who reported out the new article, goes even far- ther than original proposals that evidence oblained by wire lapping should bo ad- milted where prior appro- val has been given by the courts to law enforcement officials. The committee also re- commended adoption o! a proposal lo permit persons to sue the state well as cilies and towns for ds-n- ages or injury. Under pre- sent law, such claims must be filed with the General Assembly, which approves or rejects them, or autho- rizes the claimants to bring suit at non-jury (rials in the Superior Court within a spe- cified maximum of recov- ery. Eliminated from the pre- sent constitution would be a provision that the General Assembly shall enact no law abridging Ihe freedom of the press. Mr. Murphy said this sentence was su- perfluous, because the free- dom of the press is prolccled in olher conslilnlion.nl lan- guage. Another proposer! change would preserve the power of judges to impose prison sen- t e n c c s for contempt of court. The proposals arc in- cluded in the conslilulionnl article on rights and prin- ciples, and will be referred to the commlllcc of the whole week. yor Hambly. James H. Hidler asked about the possibility of keeping the monument in its' original loca- tion. He said it meant more to the relatives ind civilians, and it would not be seen by many if it was on a government reserva- tion. Councilman Henry C. Wilkin- son suggested it might be put on Island by Key Newport ioat Inc. William W. Corcoran said the agency had lalked previously of laving a small park on I lie west side of Thames Street, where his monument and that of the Fleet Reserve Association could ie placed, M. Thomas Pcrrolti, chair- nan, said Ihe agency should onsider the situation from all ngles. Cainc said the Navy would e glad to move and store the lonumcnt temporarily, during onslruclion of the project. This let with the approval of City lanager Fred E. Weisbrod. The .igcncy accepted the of- r and will contact Ihe.FIcel cscrve Association to see if lis procedure meets with its pproval for its monument. William II. Leys, executive di- ector, said the agency should I the salary for the position (Continued on Page 2) Convention Limits Interest On Loans In their first outright rejection of a committee recommendation, delegates to .the Constitutional Con- vention Monday voted 31 to 30 to limit the amount of interest and other charges on loans to not more than 10 per cent of the account actually received by a bor- rower. The surprise action came with delegales silling as a commit [ce of Ihe whole, and was at east a temporary triumph for A. Norman LaSalle, former as- sistant allorney general and Democratic delegate from War- wick, who made a long and vig- orous plea for his proposal. But it was the first time since the convention was organized last December thai delegates had voted outright rejection of a committee report. In other in- New Succession To Governorship Bars Non-Elected From Top Job itnnces where committee rec- ommendations failed lo general approval, the.y been recommitted or amended. The LaSallc proposal, only recently introduced, says a bor- SPECIAL TO THE NEWS PROVIDENCE A new line of succession to the governor which would include Ihp allor ney general and the genern reasurcr. was approved yester- day by delegales to the R. "'onstitutional Convention. The change would make all "cneral officers of the stale el- gible to succeed to Ihf top ex. ecutive office in the order in i'hich they appear on the ballot, t eliminates Ihe possibility of ny official Jiol clecled directly jy Ihe people assuming Ihe gov- rnor's chair. The present line, in (lie event 10 governor dies, is incapaci- ated or, for any reason is un- ble to serve, makes the licit- enant governor next in line, fol- lowed in order by the secretary of stale, the president pro-tern convenlion committee on Executive Department and, theiin a resolution to withhold unvoting privileges from persons Island but not consid. red bona fide residents, re- sulted in recommitting it fo the Committee on Elections and Right to Vote. The committee had recom- and drafting. It later comes up ln for final action by (lie conven- cri lion. In moving approval, for- ncr Lt. Gov. Edward F. Gallog- y, D- Providence, said the Committee on the Executive De- partment slill was wokring on-a formula to de term me miljlai.j! naval, mVrine or- chid r V SCrViCCS cnmery going on it. Meanwhile. he said, the committee rccom- mended approval of the me of succession. There was !cbate. Disagreement over language Rhode Island installations. Rut some delegates contended this who been residents of the slate (Continued on Page 3) _. i tttjiuj iijn .10 jo a uui- It is still subject, however, to rtm.er Cflnnol reconsideration next week m ni Franklin Drops Belligerence As Murder Trial Nears End i. 10 per cent of the amount would require 51 affirmative rcccjved for interest, voles m Hie convenlion (o be in-L ving c n a r g penalties, cuded m he proposed new con-compuisory slilulion. Its chances of final ap-l. proval are questionable. (Continued on Page, 3) meet Pore of Ihe Scnnte. the firsl have deputy and then the second dep- uly secretary of stale. The proposal sponsored- by Norman M. Bizior. Democratic delegate from Central Falls, was adopted 54 to 5. The new order of succession would be :he lieulcnanl governor, :ary ami or any Grip Clamps On Rhodesia LONDON Minis--nnich at the African-Asian bloc ____ cr Harold Wilson was expected in the United Nations as at the i of stale, attorney gcneraljt" strip Rhodesia of its rebels. Wilson's gov- generat treasurer. imonwcallh trading privilepesjornnieiil al this stage is set This was recommended by tbelloday as his firsl action undenagainst using force lo put --------------------------------------sweeping emergency powers Smith's regime and is insisting The defense of diaries R. franklin, 31, accused of mur- der, rested its case in Superior Faerber. and by the prosecu Court this morning after brief tor, Carmine J. Rao, assislan testimony by the defendant's attorney general. wife. Following final arguments by than an hour answering ques lions by his lawyer, Matthew J When the trial reopened this morning at Facrbcr asked th- prosecution and defense this ho judge lo tell the defcndan aficrnoon. Judge John S. Me- "he is on (rial in Newport Coun- Kiernan Is expected to and not Mississippi or Ala- doliberatlon of Ihe case. Frank- Hn waived jury trial when the his shoulder.1 rise opened a week ago Men- dav. "rinklm, charged with the h-'ch-l "laying of Mrs. Ernie, bama; nnd lo get that chip off Franklin, a Negro, reacted belligerently lo several of Hao's questions yesterday. Faerber, obviously concerned Rwyn of 28 Tilden Avo.j esl Franklin hurl his own cause April !2, Icstified briefly this by Ms altitude, rcnirestcd Ihe lie was on the Judge to advise Franklin. yesterday tflernoon counsel Js not permitted1 to talk lo his client or a defence witness once cross examination by the slate has begun. Judge McKicrnan. looking a Franklin on Ihe wilness stand said, "Yes. We're only Inter esled in the facts in this case.' Rao then began questioning he defendant, and Franklin re plied quietly. After about two minutes Rao said he had no more questions, Rao asked Franklin why he vent to Mrs. Gwyn's after leav- ng 18 Pearl St. on the evening if ihe murder. Franklin said. "I just wanted o sec her." The state maintains (Continued CD 2) voted by Parliament. on Rhodesia's Brtlish status to Acllng. without a formal vote, head off any alcnipl lo slage an the House of Commons and Iheiinvasion tinder the U.N. flag. The government hopes that Rhodeslas white minority will withdraw its support from cree against the central African Smith once sanctions begin lo colonys rebellious white minor- hit Ibcir pocktlbooks. House of early today adopted emergency legislation authorizing Wilson to act by de-. ily government. Already Ihe Rhodesian pound Conservative critics argued hat Wilson was getting a blank All decrees take effect as soon.has started a draslic slide on. as they are issued but expirejthe I-ondon money market, so inlcss approved by both houses drastic lh.it (he Hank of Eng- of Parliament within 28 days, l.ind Monday revoked all li- censes lo deal In it. Until last week Rhodesia was check for sanctions or any olherlparl of Ihe .slerlinr; system 'in action without parliamenlarypvliich more than half the control. Bui they bowed to their world's Irade is conducted. Us pound was roughly on a par hat the government should notjwith Ills llrilish pound at be opposed and that Britain Monday, it had fallen lo SJ.Z4, should take a united slandjand the bank stopped dealings against the RhoaVsian govcrn-jto proven! speculation. Some menl unilateral declaration of'finnncial authorities Itimighl a Independence last Thursday. free market would develop now The new law gives Ihe Urilish in Zurich or Brussels, government to annul any legislation passer! by Ihe cur- rcnl Rbodeslan Parliament, in-, eluding Ihe Independence consll British government spokes- men derided a report from Rho- desia suggfsling thai Queen ution proclaimed Minister Ian Smith. by Prime SAYS SMITH Premier Inn Smilh of Rhodesia, who signed his declara- tion of Independence from the British empire last week, lells newsmen in (he capital clly of Salisbury that "we have no governor in Ilhodesia." 'The comment referred lo the royal governor, Sir Humphrey Gibbs, who Is defying Smilh's order lo step down. Sir Humphrey insist! only Queen. Elizabeth can fire him, (AP WircMiolo) It declares Hint Rhodesia 're- mains n part of Her Majesty's dominions, nnd lhal the govern United Kingdom hold rejponsi. bllity and jurisdiction for the territory. ______ The declaration Is aimed as spokesman, Klltahelh Is sympathetic lo Ihe llhodeilan rebels. The report said RhTdcsl.ins have been told tli.it before Wilson Ir-fl lo visit Rhodesia two weeks nco he was lold hv the fliiccn: "Pont sell mr-nt and Parliament of the the white man down the river, Mr. Absolute baloney, sheer In.   

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