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Advocate (Newspaper) - September 18, 1964, Victoria, Texas THE VICTORIA ADVOCATE 119th 134 TELEPHONE HI 1-1491 Rights Act Part Ruled Not Legal Accomodalious Law Involved BIRMINGHAM, Ala. (AP) A three-judge federal panel expressing concern over spread ing congressional powers declared unconstitutional Thurs day a section of the Civil Rights Act as applied to a Birmingham restaurant. The Justice Department said 11 would appeal the decision to Uie U.S. Supreme Court. The judges referred spccili cally lo interstate commerce in issuing a temporary restraining order preventing Acting U.S Ally. Gen. Nicholas Kalzenbach from enforcing the public ac eommodalions section of the law against Ollie's Barbecue. Violated Fifth Restricting its ruling fa Uie Birmingham restaurant, Uie panel held thai (he Justice De- partment violated the Fifth Amendment in applying the jiublic accommodations secUon against Ollie's. "We Ihe pane held, Title II of the Civi Rights Act of 1964, as applied to OIlJo's was beyond the compe- tence of Congress lo enacl, and Uiat its enforcement against plaijiliffs under Uie circum stances of this case would be violalive of the Fifth Amend- ment of the Constitution of the Uniled Stales, in pertinent parl reading: 'No person shall be deprived of liberty, or property, without due process of law.' Interstate Travel But Uie situation was different uian an Atlanta restaurant which was located adjacent to an interstate highway. The Bir- mingham establishment is sev- eral blocks from Uie nearest lype of interstate travel. A similar Uiree-judge panel in Atlanta bad upheld the public accommodations section of the law as it applied to a restaurant there. The Birmingham panel U.S. Dist. Judges Seybourn H Lynne and H. H. Grooms, boU of Birmingham, and Circuit Toosa, Ala. said Wat "if Congress has the naked power ?-has in Title II of this Act, mere is no facet of human behavior which it-niayr not control by mere les- dixit (mere asser 'lioii) that conduct affects com- merce when in fact it docs not do so at all, and rights of Uie individual lo liberty and proper ly are in dire peril." Seclion Upheld The owners of Ollie's, Ollic Mc Uimg Sr. and his son, Ollic Jr initialed Uie Birmingham after refusing lo serve Neg at their restaurant. The establishment is located south side. Although it is in a predominant- ly Negro neighborhood, it caters to a middle-class while clien tele. ffderal panel attacked the Civil Rights Act basis for enforcement under the inter- sfte commerce clause, noting that Congress passed the meas- ure without attaching "legisln- ive findings." The panel said Uic.se findings are traditional in such measures. suit roes Mrs. Cecil Knnip reminding members of Bon Ami Home Demonstration Club to collect Hie rummage for a sale on Ihc City Hall Square at 6 a.m Saturday Hilly crumbling or smiling cither, about Ihc rnin and Vincent CalchinRs wondering when the r.iin is going to reach Fleming Prnirie Cliff over from Edna early and reporting three Indies of rainfnll there already Mrs. Oscnr Sligl having n trying day beginning with aulomobilc failure, early Lconnril and Hen Molina interested in conditions in their former community near Cheap- side Mrs. Clifton Afflcr- bach explaining that later in the day one should slow down G. Hangc finding llml glasses are no help when one is caught in a sudden shower and Sidney Dean's hsying operation was reported suspended by the rainfall Murk and Dennis Patlon off to Texas Ail whore (hoy arc senior nntl junior, re- spectively E. W, Sehramm proving Dint he cnn step lively when caught in n shower M. (i. "Sally" Lewis reporling good results on his linylng opor- flllon In his coastal bcrmudn crop Mrs. fl. B. Curncs taking the nflcrnoon off Harvey McDonalrt commenting (hut (ho roln was fine, hut he and n few olhcr farmers hmln'l finished plowing yd. VICTORIA, TEXAS, FRIDAY, SEPTEMBER 18, 1964 18 Cents GOUAD MARIJUANA Goliad Sheriff F. B. Byrne and Chief Deputy L. W. Donaho survey some of the marijuana they confiscated Wednesday night and Thursday in the arrest of two men, one of them a Victoria resident. Byrne said the mar- ijuana had been grown by one of the suspects in (he Fannin area. Both men, who are Negroes, are to be charged with illegal possession of marijuana Friday. (Advocate Photo) Pair's Arrest Ends Marijuana Harvest By BRUCE PATTO.V Advocate Staff Writer GOLIAD The small-scale production of marijuana in Goliad County came lo a halt Thursday with the arrest of two men, one from Victoria, Sheriff F. B. Byrne said Tuesday afternoon. The two are being held in Goliad County jail, and are to be charged Friday .vith illegal possession of marijuana, Byrne said. He indicated that the pair would :iave been charged Thursday, but that Marion Lewis, county attorney, was in Aus- in attending the attorney gen- eral's conference. The marijuana harvest was carried out at the home of the Goliad County man, who is 54, who lives in a small house just east of Fannin, and approxi mately 75 yards off the Vic- ioria-Goliad highway, the sher- ff said. One Victorian A 42-year-old man living on Sasl Street in Victoria faces he same charges. Both are Vegroes. Both men were arrested about p.m. Wednesday near Fan- nin while they wore in an auto- mobile owned by Ihe Victoria man. The men had a packet of 'finished" marijuana in their possession at Die time, Byrne said. Byrne and Chief Deputy L. V. Donaho obtained a search varranl, and returned Thursday morning to the Fannin site, with' he Goliad man accompanying, hem. Additional marijuana was ound in the house, Byrne added. The Fannin man, Byrne said, contended that he thought the1 plants were okra. Byrne in- licated that he thought little of he explanation. Ample Kviclcnce The sheriff intends to prove hat marijuana plants have been rown at the side of the Fannin's rian home, on the side away rom Die highway. Roots were lug up and tagged for evidence. Byrne noted lhat for evidence, here is finished narijuana leaves, marijuana, marijuana ml, stems and roots. He in- HANDFUL OF MARIJUANA Three marijuana cigarettes are shown above in the hand of Sheriff F. B. Byrne lo show how small such illegal cig- arettes are. Such cigarettes command a price of about each on the illegal market. The cigarettes that Byrne is holding were not taken in the case which has just been broken in Goliad County. (Advocate Photo) dicaled that it is unusual lo ob- tain so many different kinds of evidence in such a case. Harvest of the marijuana was probably carried out from three weeks to a month ago, Byrne estimated. He said all of the evidence obtained is marijuana, i n d i c a ti n g that leaves of no other plant, usually referred to as bad been mixed. The Victoria man, Byrne said, is believed to have been the or salesman of the marijuana. Although Ihe Goliad County Grand Jury recessed last week after completing its members may be reconvened lo consider the case Byrne said. The assistance of Victoria County Sheriff Moniie' Marshall and Chief Deputy Jim Bowden was invaluable in breaking Ihc case, Byrne said. Byrne said he couldn't esti- mate the monetary value of Ihe marijuana on the illegal market, New Missile Defense Revealed by President BAREFOOT, MUDDY Curvature Of Earth No Barrier Ami-Salellile Weapon Noted SACRAMENTO, Calif. (AP) President Johnson disclosed F111'1''. Thursday morning aflerrmll's car I Thursday Ihc United Slates is a car being drivenjNavarroStn Unlighted Car Stopped, Burglar Suspects Caught By JAMES SIMON'S Advocate Staff Wilier Deputy Sheriff M. E. find one that had been bur- Dennis was on his way home able to spot missiles beyond the curve of the earth and also des- troy bomb-carrying satellites in space. The chief nounced these breakthroughs in executive an- major defense a speech to some Californians massed on the grounds of their stale capitol. While Johnson said he spoke as no partisan, he obviously had in mind tliat Republican pres- idential nominee Barry Gold- waler has accused Die adminis- tration of failing to develop any strategic weapon systems. 'Only Standing on the capilol steps, Johnson said this is a united nation in an election year, that "our only purpose still is but should another nation employ armed satellites in space, the United States will be prepared and ready to meet them. Then he said he wanted his voice heard around the world. Some officials considered the development of the new radar that can see beyond the horizon as more important than weap- ons lo knock down satellites, on the basis thai missiles are a more likely Uireat than bomb- bearing spacecraft. No Invention The President said this coun- try has no intention of putting warheads into orbit and sup- ports a United Nations ban on use of weapons of mass destruc- tion in outer space. He said "we have no reason to believe that any nation now plans to put nuclear warheads into as we havs more effective systems today. But someday, he said, an aggressor might use armed satellites to terrorize the world and the United States has acted to meet that threat. Two Systems Pulling aside the curtain of secrecy, Johnson said: "We now have developed and ieslcd two systems with the ability to intercept and destroy armed satellites circling the earlh in space. I can tell you today that Diese systems are in place, they are operationally ready, and they are on alert lo protect this nation and the free world. "But this is not the only new development "Previously our radar capabi- jly has been limiled to detec- lion of objects within the line of sight. But now we have pro- we are but pointed out that marijuana Iour firsl- facilities for operation- cigarettes, which are only alal 'over-the-horizon' radar. fraction Ihe size of conventiona SLEEP IN PARKS ATHENS, y Greece (AP) .which has no television elation of its own. And a great outdoor show is in prospect. Immediately after the wed- ding, Constantino and Anne- Marie will bend a procession oi royalty through the already gayly bedecked city streets in a gilded carriage. Tho Greek monarch and the Danish princess had a SO-miiuite wedding rehearsal behind closed doors at the calhedral Thursday, Uien drove back along avenues dccoraled with Iheir national flags. Store win- dows displayed huge photo- graphs of the young couple. People already were slaking out posilions on rooftops lo in- sure (heir view of (lie royal ponlwcdding procession. Presents poured into (he pal- ace, some splendid, some hum- ble. Scores of the Greeks troop- Ing into Athens brought wedding scarves, hand woven nigs, and other peasant nmrficrnfl. One man deposited n lai'iio cheese as Ihe offering of his vlllnrfc. Canada sent a mink stole for Amie-Mnrie. rowded Athens Thursday for he vvcdding of Uicir young Con- tnnline to Denmark's Princess Vnne-Mfiric. A police spokesman estimated more tnnn people from earby towns and villages ar- ivcd to see what they could of he ceremony that will unite 7onstantinc, 24, and Anne-Ma- ic, 18, before B host of royal pectators at the Athens Cathc- ral Friday. "Many will have lo sleep in he he said. Clear wealhcr was forecast, viUi temperatures in (he low Only Invilcd guesls will be dmUtert to the cathedral. But he ceremony will he broadcast y the Italian Slnle Television ervice to special sets nt vnr- ous centers around Athens, Today's Chuckle II wnuHl he nice In luivc wages, 10115 prices. dividends, anil mm) cigarettes, usually sell at i t On such a basis, the i made from the Fannin m would likely be worth lhe> iof u of 11 "This strike an pi-scope of "This The Orthodox Patriarch vigil Anlioch sent a rare TUo h And Ihe Greek ne n onto the eering Society gave the king I pair of skis. Skiing is ie's favorite President Johnson's I Lynda Bird, who is the family at Ihe era drove lo Corinth Thursday p visited excavating sites of American School of sholE At Corinlh, Lynda Bird bu around Iho ancient ruins unli the guidance of Dr. Henry h inson, head of Ihe And she was he t Swinginn a pick as Uiough the P knew what she was doing, da Bird iinenrlhcd human Berr and small pieces of all Iho v found on oai wife 1 C.ortn shot fi C snlfM ....M-14 Spord sum "niMaa II H'onitW for mnbulunc Around Curve "This radar will literally look missiles, within seconds ley are launched, "This capability will give us warning than ever be- any hostile launchers his country. means more lime lo for our retaliatory id more time to decide wiener- and pur retaliatory slrikc is anolher advance in of peace to fulfill jility as the sentry of (Sec DEFENSE, Page 16) An alert deputy sheriff from the sheriff's office at nabbed burglary suspectsja.m. when he spotted Hasse- turning onto North _-.'eet from Anaqua. without and finding! On shining his flashlight inlo the two oecu- were covered both later made written statements to investigators confirm- prying tools and a box of moneyUhe car, lie found inside the vehicle. jpanls' bare feet ___ ______ Later charged wilh burglar- wilh mud and after radioing izing the offices of Easley Roof-j Deputy Sheriff Abrosio Gonzales ing and Sheet Metal Co. at 206 for assistance, discovered a E Anaqua Ave. were John Mai-cigar box containing colm Hasserodt, 18, of 901 N.jcash along wilh a broken weeks ago and knew that the Wheeler St. and James Allen I hammer and a section of an Clark, 22, of 1405 Alma St. Has- serodt, whose occupation was listed as a doughnut maker, was released from county jail Thursday afternoon after post- ing a bond. Clark, an oilfield roughneck, remained in custody Thursday niglit after being unable to post a bond for tlie same amount. Districting Amendment Is Pushed iron bar. Officers said the tools had glarizcd but after the suspects were taken to Iho sheriff's of- fice, Ilasscrodt admitted that they had burglarized the Easley office, officers said. Sheriff M. Marshall said ing lhat they committed the burglary. Officers said Clark was em- ployed at the firm up until three petty cash was stored in the desk drawer. Assisting Dennis and Gonzal- been used in peeling open a es in the arrest was Deputy Bill fireproof desk in which IhejMaufrais. Deputy Oscar Caval- tnoney was localed alter crash-...... ing the glass put of a door lead- ing to the office. The deputies made a check lin signed the complainls on which the felony charges are based. The desk was peeled from the of all buildings in Uie Anaqua [top down and officers estimated Avenue area and were unable! (See SUS5M5CTS, Page 18) Humphrey Faces Heckler Group WASHINGTON constitutional a SAN ANTONIO carried (AP) Sen. Hubert H. Hum- campaign to the heart of Texas vuiiamuiiUEliil cl ill u II Q ill e 11 (.1 11 i mi i aimed at upsetting Uie Supreme night and ran into a pro-Gold- Court's ruling on state demonstration, live reapportionmenl wasi I'le group of demonstrators stood at the back of a pushed along Thursday toward house action. But even as the Rules Com- mittee cleared the for a vote, Sen. William E. Proxmire, D-Wis., advised Uie House it would be engaging in an act of futility if it passecl the amend- ment. Proxmire, one of the senators who is blocking a vole on a proposal to delay court-ordered The group of demonstrators stood at the back of a large rally oulside the Alamo, called the cradle of Tex- as liberty, and held aloft signs and a large banner boosting Sen. Barry Goldwaler, the Re- publican presidential nominee. There were chants of "We Want Barry" heard as Hum- phrey spoke. Some of those car- rying Johnson and Humphrey signs moved in front of the reapportionment, said long educational campaign" will be conducted in the Senate on any over by the House. Little Change Proxmire said he feels (here is little chance of the Senate assing any amendment before adjourns. Aerial Photos To Be Taken For Planners Ron Brown, a member of Iho Victoria Planning Commission has volunteered lo take a series of aerial photographs of an area constitutional amendment sent northeast of Uie city lo help the commission plan the routes of three proposed thoroughfares thai will reach from the Hous- ton Highway to the Halleilsville Highway. Goldwater demonstrators. Police Close By Police stood close by aiici there was no real trouble. The senator's aides said this was the first such demonstra- tion the Democratic vice-presi- dential nominee has run into in his campaigning for President Johnson. Humphrey was almost The Senate has been dead- background in aerial photogra- locked on the reapportionment "'ac rtrnccnj issue since it reconvened Aug. 31 after the Democratic national convention. Unable to produce a quorum after Thursday's ses- sion began, the Senate ad- journed for Uie day. The quorum call brought only 37 of the 100 senators to Ihe Brown, who has an extensive mobbed by a large crosvd of on the political campaign trails. Power Play The House Rules Committee worked a power play in trying to gel action on the amendment. It reached into Uie House Judi- phy, was pressed into service when City Engineer Johnny Ba- lusek pointed out at Thursday's meeting of the commission that Uie only available maps of that area are either loo small or out of date. The panel has been using the for nre supporters waving signs and shouting as his motorcade ar- rived at Uie Alamo. Earlier Humphrey spoke, sometimes emotionally, at John F. Kennedy High School. The day before he was assas- sinated, Nov. 22, 1063, Kennedy spoke at Ihe groundbreaking for the school and promised to re- ones now to work out Ihe spe- cific details. Two of the thoroughfares, with 80-foot right-of-ways, will link the Houston and Halletts- Jt rcacnca mio me House jua trr ciary Committee, where various v "9 Highways. The third a reapportionment proposals are! pending, and plucked out an amendment introduced by Rep. Wright Patman, D-Tex. Although permitted by Ihej inx, lij j t uunj, a licai 15 tUlU lUVti 01 major arlery with a 300 foot pie as had Kennedy. on his trip. Carry Torch Humphrey told the youthful crowd he had just one wish. No other American President, he said, had ever captured "the hearts and love" of young peo- right-of-way, will connect the Houston and Cuero Highways. Commissioners expressed the need for a speedy completion House rules, this tactic had nnt of the project, and lo complete (Sec D1STKICT1NG, Page (See PHOTOS, Page 16) And, Humphrey declared, "I
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