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Abilene Reporter-News, The (Newspaper) - April 4, 1970, Abilene, Texas "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY 3 STAR FINAL 6734271 ABILENE, TEXAS, m BOSTON (AP) -Two federal judges refused Friday to' inter- fere with orders to Vietnam of a Massachusetts soldier who based his challenge on a new state law aimed at testing the legality of the war. The soldier's petition was de- nied in U.S. District Court and in .the 1st U.S. Circuit of Ap- peals. Lawyers for John Griffin, 22, asked Dist. Judge Andrew A. Caffrey to enjoin the Army from sending Griffin to Vietnam. The judge denied the petition saying es Won't Rule War's Legality lOc SUNDAY atud that he lacked jurisdiction, since Griffin is stationed at Ft. Dix, N.J. Lawyers Joseph Oteri and Munroe L. Inker then took an appeal to Chief Judge Bailey Aldrich of the Appeals Court who denied it without comment. Oteri and Inker said Griffin is due back in Ft. Dix Saturday and that they may file a new ap- peal in New Jersey Monday. They said they wanted to in- sure that Griffin would remain in this country pending a test of the new state law. Last-Day Appeals Hit Crystal City CRYSTAL CITY, Tex. PplJtical leaflets streamed from an airplane and campaigners blared their spiels over bull- horns Friday on the eve of a controversial school board elec- tion in this predominantly Mex- ican-American town. Voters are expected in record numbers as they choose three board members from six candi- Jose Angel Gu- tierrez, a fiery leader of the Mexican American Youth Or- ganization. Election officials said they were prepared for at least voters. Other estimates put the figure closer to Most observers viewed the out- come as a toss up but Gutierrez predicted an easy victory. As Gutierrez, 25, and two men running with him prepared for a Friday -night rally, a private plane dropped''about leaf- lets .over this small Southwest Texas town. The leaflets, bought by the three candidates opposing the Gutierrez forces, bore a reprint of a news account on a militant speech that Gutierrez delivered recently in Odessa. The leaflets also carried an advertisement in Spanish claim- ing that mlitancy, dating back to a hot city council race in 1963, had discouraged industry from moving into Crystal City. The ad also laid blame on a school boycott by hundreds of Mexican American pupils last December. The boycott was trig- gered by the predominantly An- glo school board's refusal to consider a list of demands is- sued by a group o( Mexican American pupils. "There will be no progress for this town, and no future for the people here, unless we main- tain a stable the advertisement said in part. One of Gutierrez's opponents is E.W. Ritchie Jr., 46, a rancher and former city councilman. The advertisement first ap- peared In a local newspaper, the Zavala County Sentinel, March 26. When a Spanish ver- sion of the ad appeared in the same paper Thursday, Gutier- rez's supporters tried to buy out every copy, publisher Dale Bar- ker said. Thursday's issue also carried the account of Gutierrez's speech in Odessa, which.was re- printed in the leaflets dropped from the plane late Friday. Soon after the leaflets drifted to earth, Gutierrez supporters drove through the streets, an- nouncing a Friday night cam- paign rally from huge bullhorns mounted atop their car. Griffin's action was separate from the plans of the Mahsachu- sctts attorney general to take the law directly to the U.S. Su- preme Court for a hearing. Pvt. John J. O'Brien, 19, also undei orders to go to Vietnam, has volunteered to serve as a lest case of the new law. "I really have no said O'Brien, "but it is a case of Massachusetts law." The young paratrooper an en- listee who describes himself as "no radical" WHS ordered March 2fl to leave for Vietnam from Ft. Lewis, Wash., on April 16. He offered to be the first test of a law signed Thursday by Gov. Francis W. Sargent. The law allows Massachusetts serv- icemen to refuse orders to a combat zone which is "not an emergency" and "not otherwise authorized in the powers grant- ed to the President as Com- mander in Chief." The Constitu- tion specifically gives the power to declare war to Congress, al- though there has been no decla- ration of war in connection with the fighting in Vietnam. Atty. Gen. Robert H. Quinn, who is required under the law to defend servicemen who refuse such combat orders, said no de- cision has been made about O'Brien's offer. Quinn said he will submit a brief and complaint to the U.S. Supreme Court as soon as possi- ble, but doesn't expect the court to hear the case until the Octo- ber term. Quinn said the suit would be filed as a class action, one or more soldiers would be named but it would apply, to all Massa- chusetts servicemen. Some staff members of Quinn's office said the Supreme Court might rule the stale law unconstitutional because raises political rather lhan legal ques- tions. And another thing, boss. Gov. Ronald Reagan purses his lips as he listens to Irving Hall, a graduate student at UC Riverside, during a discussion at the Western Political Science Association meeting in Sacramento Friday. Hall accused Reagan of expressing a philosophy which has no relevance to power politics in California. (AP Wirephoto) PARDON-PEDDLING CHARGED Lobbyist Re-Indicted NEW YORK (AP) Nathan Voloshcn, Washington lawyer and lobbyist, was indicted Fri- day for the third time in less than three months, accused by the government of defrauding a California convict of by promising to procure his free- dom. The federal Indictment charged that Voloshen asked convicted robber John W. Ha1- genson for saying the money would be turned over as campaign contributions to then Gov. Edmund C. Brown of Cali- fornia, former Rep. James Roosevelt, and Edward Mc- Cormack, Jr., nephew of House Speaker John W. McCormack. All are Democrats. The government said none of the which Hagenson was said to have paid ever reached any of the politicians, and there Abilene Voters Select Two School Board Trustees Today Today is the day Abilenians go to the polls to decide which two men will join the Abilene Board of Education, which oversees the public schools of the city. Four men are competing for the two places. Seeking election to Place 3 are W. P. (Bill) Wright and Ben Aguirre. Seeking re-election to Place 7 Is incumbent C. G. Whittcn, who is being opposed by the Rev. T. G. OUphant. The turnout for the election is expected to be about to Beards bloom at H-SU The blooming of beards on the campus of Hardin Simmons University is a sure sign that the H-SU Intercollegiate Rodeo (April 23 to 25) is drawing nigh. Senior Lonnie Fuller, left, and history professor B. W. Aston, are preparing their entries in the "Best Beard" competition. Admiring their efforts is freshman Deb er. (H-SU Photo by Larry Lagrone) ebbie Wheel- Abilene voters, judging by past elections. Supt. of Schools A. E. Wells said Friday that he expected the voter turnout to be about what it has been in the past school elec- tions. Six years ago voters went to the polls, four years ago the total jumped to then dropped to in the 1968 elec- tions. A total nf 171 absentee voles had been cast in the election by the deadline Tuesday. In races atross the Big Coun- try, voters will pick who they want representing them on the governing bodies of Iheir com- munity. Most cities will vote Saturday on cily council and school hoard races, but some also will be deciding on hospital district directors, water district hoard members and college regents. Brownwood also will decide a million bond issue for school facilities (see story Page Three cities _ Early, Simla Anna and vole on Turn VOTE, Pg. 8-A "WEATHERT U. S, DEPARTMENT OF COMMERCE ESSA WEATHER BUREAU CWrither Map, PQ, IJ B) ABILENE AND VICINITY radius) turning colder Sat- urday. Decreasing anrf cold Saturday night with a light Ireeie. Fair ami Illlie warmer Sunday. High Saturday 55. Low Saturday nighl 30. Sunday high Winds 15-30 m.p.h. de- creasing Saturday night. TEMPERATURES Frl, i.m. Frl. p.m. 49............. CO n tl u a 4t 42 41 49 M 57............. 59 t} _ U _ H _ High urn) low for J4-houri endlrn 9 P.m.: n and O. and low ume date list 78 and 60. Sunset list night: tunrlit todiy tunMI tonight; Barometer reading p.m.! 3i.ll. Humidity it 9 p.m.: pir nut. was no evidence they knew their names had been used in such a manner. Two previous Indictments also revolved around charges of in- fluence peddling by Voloshen through the use of the Speaker's name. The money was said lo have been pocketed by Voloshen in 1966. Hagenson still is a Califor- nia state prisoner. The indict- ment charged that Voloshen falsely told Hagenson that "he would and did use the Influence of speaker McCorrnack'i office to obtain appointments with various California state officials to help convince said officials to help secure Hagenson'a re- lease." The government claimed that Voloshen actually Introduced Hagenson's wife, Janet, to the NEWSSEX Amusements A A. Astrology............ 7A JA Church ?A OaniHti Comics .............4, 7g Editorials 4R 15B Markets t, Obituaries 2, 4A Oil.................. ISA Sporh 1J-14A TV Lea.............3A TV Scout..............JA. Womtn'l 31 speaker, 'Srid that the defendant and Mrs. Hagenson met with Brown "for the purpose of at- tempting to enlist Gov. Brown's aid in securing Hagenson's re- lease." However, the indictment ac- cused Voloshen of falsely stat- ing that a payment from Hagenson was contributed to Brown's campaign. Brown hatf said earlier thai he had no knowledge of such a contribu- tion. Last November, Charles E. Casey, assistant director of the California Department of Cor- rections, said state rfuthorilies there had tape recordings of Vo- loshcn asking Hagenson for money in exchange for trying to arrange his release from prison. 12 Miss Abilene Finalists Named Twelve finalists have been chosen lo compete in the 10th Annual Miss Abilene Pageant April 18. The contest sponsored by Abilene Jaycees will be at p.m. April 18 in Radfprd Audi- torium oh the McMurry College campus. The finalists include Beverly Kay Givens, 20, McMurry College senior; Deborah Leeson, 18, Cooper High School senior; Phyllis Gay Waggoner, 20, H a r d 1 n-Simmonh University sophomore; Saundra Lou Rosen- grants, 20, H-SU senior; Leesa Matalyn Bryanl, 18, H-SU fresh- man; and Johnette Russell 20, H-SU junior. Also included are Anchen Schiiltz, IB CHS senior; Ann Grace Scott, 18, McMurry fresh- man; Diane Gail Tyll, 17, Central Catholic High School senior; Kay Nonette Mayes, 18, M-SU freshman; Marilee Echols, J9, McMurry freshman; and Debbie Francis Ales, 17, Abilene High School senior. The finalists will be at a press [Conference at a.m. Satur- day in the Coca-Cola Audi- torium. The 12 girls were chosen March 21 from 20 contestants who modeled in swim suits and gave a brief talent presentation. Five out-of-town judges will judge the IVtiss Abilene Pageant on the official Miss America point system and ballot. PANTHER PROBE Reporter Must Appear, But May Keep Silent on Sources SAN FRANCISCO (AP) A federal judge ruled Friday that New York Times reporter Earl Caldwell must appear before a grand jury investigating the Black Panthers. But he said Caldwell will not have to reveal "confidential associations" un- less the government can prove that "compelling and overriding national interest" requires such disclosures. Federal Judge Alfonzo J. Zir- poli made the ruling after a two-and-a-half-hour hearing at which the government, at the judge's prodding, withdrew its demand that Caldwell produce notes and tape recordings of in- terviews with Panlher leaders when he goes before the jury. The hearing in U.S. District Court here was on a motion to quash two subpoenas, one re- quiring that CaMwell appear be- fore the jury and the other that he produce the records. It was the second of these which was withdrawn. Zlrpoli specified that his order be stayed pending a review by the U.S. Circuit Court of Ap- .I.. REPORTER CALDWELL wfan right silmcc peals. The judge ruled that Caldwell was entitled to a protective or- der spelling out his right In keep silent on confidential informa- tion. asked attorneys for Caldwell and the Times to draft a proposed order which would Ihcn be submitted to the court for approval. Zirpoli's order said CaHwell "need not reveal confidential associations that impinge upon the effective exercise of the First Amendment right to gath- er news for dissemination fo the public through the press ..un- til such time as a compelling and overriding national interest which cannot be alternately served has been established to the satisfaction court." "When the exercise of the grand jury power of testimonial compulsion, so necessary to the effective functioning of the court, may impinge on or re- press First Amendment rights of freedom of speech, press and association, such power shall not be exercised until there has been a clear showing of a com- pelling and overriding national inlerest..." The judge said, "Centuries of experience have found the First Amendment rights to be indis- pensible to the survival of i frea society." Don't Forfeit d Go to Today
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