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Kingsport Times (Newspaper) - November 15, 1972, Kingsport, Tennessee Kingsport VOLUME LX, NO. 414 PHONE 24M121 (CI.ASSIFIED 24M1121 -CIHCUUTION 2M4129) KINGSPORT, TENNESSEE, 37660, WEDNESDAY, NOVEMBER 15, 1972 5 SECTIONS 40 PAGES A. H. Jiurd 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) -The 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 said: "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, N.Y., 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 Rush-Henrietta 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 accurracy or the court said. The Appeals court said it did not share Mrs. Russo's views but "because the First Amend- ment ranks among the most important of our consitutitonal rights, we must recognize that the precious right ol free speech requires protection, even when the -speech is per- sonally obnoxious." Kaufman's 16-page 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 ciitizen 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 walkietalkie 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 DC9. 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 hop-scotching in thrpe countries for two days before fleeing to Cuba with million in ransom. Rita Tidcwcll, 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 Mem- phis, 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. THEV GEE! 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 FAA-orderd 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 hijankcrs More On Page 6-A, Col. 1 Accused Soldier Acquitted In 'Fragging' Court Martial FT. ORD, Calif. (UPI) -Pvt. 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 seven-officer court- martial panel found him guilty of only one charge-that 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 murdcr-kidniip charges in connection with the Miirin 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 K-2 to I'M anil released from custody with a IlO-day WE ATI I Kit Continued cloudlncmi HIM! cold with no- mkmal ot drluta today, tonight and Thurnday morning followed by dlmlnlnhlng cloudlncmi and not quite an cold Thund.iy afternoon. High May, 4M5; low tonight, mid MV, high tomorrow, near 50. Probability of mcaiurable precipitation today In 10 per High yculcrday, 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 Bicn Hoa Army Base in Vietnam. Killed by the rigged fragmentation grenade were 1st I.t. Thomas A. Dellwo of Mechanic- ville, N.Y., 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 post-trial 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 T1IK MARCH Tin- 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 Boom1 High School see page 1-D. Back To B u in pass Cove HLOUNTVILLK The Sullivan County Court's health nnd welfare committee THcsrtny tentatively approved" n resolution calling for entering Into an Ifl- inoiHh contract with Humpiiss Cove Co. to haul the county's trash to Us limdflll for n year. 'Ilie resolution will Ix- voted on ill the Court's Dec. mooting, i- Chairman James Myers, Jr.. said Ilie resolution calls for continued efforts lo find a Inndflll site within the county. 'Ilie committee also agreed io present a proposnl for county support of two juvenile homes In Klngsixirt and Bristol. If Hie proposal Is approved, Sullivan Comity will provide about for the homes over ii throe-year Market Cracks Barrier NEW YORK the first time in its 76-year 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 YSE 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- minute-to-go 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, said: "I'm delighted. I think it's a real milestone, one that may give con- fidence 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 6-A, Col. 1 Indian Graves 'Desecrated'? Bays Park Director Replies By MARY KISS Times-News Staff Writer Are displays of Indian bones and artifacts such as the one in Bays Mountain Park a "grave injustice" to the American Indian? Or are such archeological exhibits justifiable as a way of teaching people about ancient cultures? The question has been raised several times recently and was spotlighted by a Kingsport resident, Fred A. Peters, in a letter to the Times-News. Today it was answered by Jack Gross, Bays Mountain Park Director. Peters charged that persons who dig into ar- cheological 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 disolay 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 6-A, 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 25-mile strip of land along Lake Erie that was under water. A 6 p.m. to 7 a.m. 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 sea-like 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 1HIDKKSTADT, 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 iM'came an issue in West Germany's election campaign. "How can we possibly sign a treaty that would regulate relations between the two Gonnnnys while Germans are still Ix-ing murdered at the demarcation asked liainer 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 Inner-German Relations. "Aulomatic shooting devices, fences and minefields on the border...arc seen by the whole world as horrfying and alarming evidence of 20 years of confrontation and policy Krnnke sntd, Franke referred to the 20 years the Christian Democrats governed West Ger- many, from to He mldcd the current government "will not put up with such (shootings) and strongly condemns the In- cident al Dudersladt." FOOD BANNED, CHILI) STARVES MIAMI (UIM) -Authorities ordered doctors to begin testing today the sanity of a father charged with starving his 3-year-old 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. IxM.sJoiin Nozzii, 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 hnslviiul threatening the wife, and (he wife llu'catoning to leave him nnd lake the wild Gilbcrlo Vencro.
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