Abilene Reporter News (Newspaper) - April 4, 1970, Abilene, Texas
®je AlleneReporter—'jJBtttDff"WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT GOES"—Byron 89TH YEAR. NO, 289 PHONE 6734271 ABILENE. TEXAS, 79604, SATURDAY MORNING, APRIL 4, 1970—THIRTY-TWO PAGES IN TWO SECTIONS 10c DAILY—20c SUNDAY Associated Press (P)
Judges Won't Rule
On War's Legality
BOSTON (AP) — Two federal judges refused Friday to interfere 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 denied in U.S. District Court and in the 1st U.S. Circuit of Appeals.
Lawyers for John Griffin, 22, asked Hist. Judge Andrew A. Caffrey to enjoin the Army from sending Griffin to Vietnam. The judge denied the petition saying
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 appeal in New Jersey Monday.
They said they wanted to insure that Griffin would remain in this country pending a test of the new state law.
Last-Day Appeals Hit Crystal City
CRYSTAL CITY, Tex. (AP)-Political leaflets streamed from an airplane and campaigners blared their spiels over bullhorns Friday on the eve of a controversial school board election in this predominantly Mex-ican-American town.
Voters are expected in record numbers as they choose three board members from six candidates—including Jose Angel Gutierrez, a fiery leader of the Mexican - American Youth Organization.
Election officials said they were prepared for at least 2.500 voters. Other estimates put the figure closer to 3,000.
Most observers viewed the outcome 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 2,000 leaflets 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 claiming that militancy, 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 triggered by the predominantly Anglo school board's refusal to consider a list of demands issued by a group of Mexican -American pupils.
“There will be no progress for this town, and no future for the people here, unless we maintain a stable government,” 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 appeared in a local newspaper, the Zavala County Sentinel, March 26. When a Spanish version of the ad appeared in the same paper Thursday, Gutierrez's supporters tried to buy out every copy, publisher Dale Barker said.
Thursday’s issue also carried the account of Gutierrez’s speech in Odessa, which was reprinted in the leaflets dropped from the plane late Friday.
Soon after the leaflets drifted to earth, Gutierrez supporters drove through the streets, announcing a Friday night campaign rally from huge bullhorns mounted atop their car.
Griffin’s action was separate from the plans of the Mahsachu-setts attorney general to take the law’ directly to the U.S. Supreme Court for a hearing.
Pvt. John J. O'Brien, 19, also unde* orders to go to Vietnam, has volunteered to serve as a test case of the new law’.
“I really have no malice,” said O’Brien, “but it is a case of Massachusetts law’.”
The young paratrooper an enlistee who describes himself as “no radical'* was ordered March 20 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 servicemen to refuse orders to a combat zone which is “not an emergency” and “not otherwise authorized in the powers granted to the President as Commander in Chief.” The Constitution specifically gives the power to declare wrar to Congress, although there has been no declaration 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 decision 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 possible, but doesn't expect the court to hear the case until the October term.
Quinn said the suit w’ould be filed as a class action, one or more soldiers w^ould be named but it would apply to all Massachusetts servicemen.
Some staff members of Quinn’s office said the Supreme Court might nile the state law unconstitutional because raises political rather than legal questions.
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)
NEW YORK (AP) - Nathan Voloshen, Washington lawyer and lobbyist, was indicted Friday for the third time in less than three months, accused by the government of defrauding a California convict of $15,000 by promising to procure his freedom.
The federal Indictment charged that Voloshen asked convicted robber John W. Htf-genson for $50,000 saying the money would be turned over as campaign contributions to then Gov. Edmund C. Brown of California, former Rep. James Roosevelt, and Edward McCormack, Jr., nephew of House Speaker John W. McCormack. All are Democrats.
The government said none of the $15,000 which Hagenson wtfs 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. Whitten, who is being opposed by the Rev. T. G. Oliphant.
The turnout for the election is expected to be about 4.000 to
5.000 Abilene voters, judging by past elections.
Supt, of Schools A. E. Wells said Fridcfy that he expected the voter turnout to be about what it has been in the past school elections.
Six years ago 3,125 voters went to the polls, four years ago the total jumped to 6.104, then dropped to 4.232 in the 1968 elections.
A total of 171 absentee votes had been cast in the election by the deadline Tuesday.
In races across the Rig Country, voters will pick who they want representing them on the governing bodies of their community.
Most cities will vote Saturday on city council and school board races, but some also will be deciding on hospital d’strict directors, water district board members and college regents.
Brownwood also will decide a *3.3 million bond issue for school facilities (see story Page 9-B).
Three cities _ Early, Sarita Anna and Weiner!—will vote on
Turn to VOTE, Pg. 8-A
Beards bloom at HSU
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 Debbie Wheeler. (H-SU Photo by Larry Lagrone)__
U. S. DEPARTMENT OF COMMERCE ESSA WEATHER BUREAU
(Weather Map, pg. 15-B)
ABILENE AND VICINITY (40-mile radius) — Cloudy, turning colder Saturday. Decreasing cloudiness and cold Saturday night with a light freeze Fair and little warmer Sunday. High Saturday 55. Low Saturday night 30 Sunday high 65. Winds northerly 15-20 m.p.h. decreasing Saturday night
TEMPERATURES Fri. a.m. Frl. p m.
49 ... 1:00 70
a7 2:00 . 72
45 3:00 . 69
44 4 00 42
5:00 ....... . . 42
11:00 .... .—
12:00 ... —
for 24-hour* ending 9
49 .......... .
High and low p.m.: 73 and 42.
High and low same date last year: 78 and 60.
Sunset last night: 7:00; sunrlsa today 6:23; sunset tonight: 7:01.
Barometer reading at 9 p.m.: 28.11. Humidity at 9 p.m.: 46 per cent.
was no evidence they knew their names had been used in such a manner.
Two previous indictments also revolved around charges of influence peddling by Voloshen through the use of the Speaker’s name.
The money was said to have been pocketed by Voloshen in 1966 Hagenson still is a California state prisoner. The indictment charged that Voloshen falsely told Hagenson that “he would and did use the influence of speaker McCormack’s office to obtain appointments with various California state officials to help convince said officials to help secure Hagenson’s release.”
The government claimed that Voloshen actually introduced Hagenson's wife, Janet, to the
speaker, and that the defendant and Mrs. Hagenson met with Brown “for the purpose of attempting to enlist Gov. Brown's aid in securing Hagenson’s release.”
However, the indictment accused Voloshen of falsely stating that a $19,000 payment from Hagenson was contributed to Brown’s campaign. Brown had
said earlier that he had no knowledge of such a contribution.
Last November, Charles E. Casey, assistant director of the California Department of Corrections, said state authorities there had tape recordings of Voloshen asking Hagenson for money in exchange for trying to arrange his release from prison.
12 Miss Finalists
..... 7 A
Bridge . .
Markets . .
____ 2, 4A
Twelve finalists have been chosen to compete in the loth Annual Miss Abilene Pageant April 18.
The contest sponsored by Abilene Jaycees will be at 7:30 p.m. April 18 in Radford Auditorium on 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 I n-Simmonh University sophomore; Saundra Lou Rosen-grants, 20, H SU senior; Leesa Matalyn Bryant, 18, H-SU freshman; and Johnette Russell, 20, H SU junior Also included are Anchen
Schultz, 18 CHS senior; Ann Grace Scott. 18, McMurry freshman; Diane Gail Ty ll, 17, Central Catholic High School senior; Kay Nonette Mayes, 18, H SU freshman; Marilee Echols, 19. McMurry freshman; and Debbie Francis Ates, 17, Abilene High School senior.
The finalists will be at a press conference at 9:30 a rn. Saturday in the Coca-Cola Auditorium.
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 Miss Abilene Pageant on the official Miss America point system and ballot.
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” unless 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 interviews with Panther leaders when he goes before the jury.
The hearing in U.S. District Court here was on a motion to quash two subpoenas, one requiring that Caldwell appear before the jury and the other that he produce the records. It was the second of these which was withdrawn.
Zirpoli specified that his order be stayed pending a review by the U.S. Circuit Court of Ap-
REPORTER CALDWELL . . . wins right to silence
The judge ruled that Caldwell was entitled to a protective order spelling out his right to keep silent on confidential information. He asked attorneys for Caldwell and the Times to draft
a proposed order which would then be submitted to the court for approval.
Zirpoli's order said Caldwell “need not reveal confidential associations that impinge upon the effective exercise of the First Amendment right to gather news for dissemination to the public through the press ... until such time as a compelling and overriding national interest which cannot be alternately served has been established to the satisfaction of the 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 repress 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 compelling and overriding national interest ..
The judge said, “Centuries of experience have found the First Amendment rights to be indispensible to the survival of a free society.”Don't Forfeit Your V©ice; Go to Polls Today,Y