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Abilene Reporter-News, The (Newspaper) - November 9, 1970, Abilene, Texas "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT 90TH YEAR, NO. 149 PHONE 673-4271 ABILENE, TEXAS, 79604, MONDAY EVENING, NOVEMBER 9, 1970-TWENTY-EIGHT PAGES IN TWO SECTIONS lOc SUNDAY Associated Prea (ff) igh Court Shuns r WASHINGTON (AP) A di- vided Supreme Court refused lo-' day to hear a suit by Massachu- setts questioning the locality of U.S. military action in Vietnam. Six justices voted against the state and three justices dissent- ed. Only Justice William 0. Douglas, one of the dissenters, set forth his views. Massachusetts had argued that without a declaration of war the President has no au- thority to send American troops into combat in Southeast Asia. The administration counseled the court against granting the state a hearing. Justice Department officials said a judicial inquiry into the legality of the war would hamstring the President, Insult Congress and embarrass the na- tion. Voting against a hearing were Chief Justice Warren R. Burger and Justice Harry A. Blackmun, both of whom were put on the court by President Nixon and Justices Hugo L. Black, William J. Brennan Jr., Byron ft. While and Thurgood Marshall, holdov- ers from past administrations. Dissenting with Douglas were Justices John M. Ilarlan and Potter Stewart. In the pest the court has de- clined time to hear suits questioning the war's legality. At first, only Douglas dissented. Subsequently, he was joined by Stewart. Today, the dissenters picked up Ilarlan. Massachusetts thus fell one vote short of winning a hearing. Under court rules four justices must acquiesce before a case can be heard. Douglas, in a lengthy dissent- ing opinion, rebutted point by point the Justice Department's argument against hearing the case. "It is far more important lo be respectful to the Constitution than to a coordinate branch of he said in re- sponse to the contention tint a hearing would embarrass liner branches. "We have never ruled. I be- lieve, that when the federal gov- ernment lakes a person by the Two Claim Proof Amelia Earhart Believed Alive NEW YORK for- mer Air Force officers said to- day a 10-jear Investigation Mrongly indicates that Amelia Earhart, who disappeared with her plane over the Pacific in 1937, is aJive and living in the United States. Lt. Col. Joe Klaaj and Maj. Joseph (icrvais said in a news release they believe a woman calling herself Mrs. Guy Bolam. and claiming to have flown with Miss Earhart, actually is the famed aviatrix herself. They base their belief largely on physical resemblance and Mrs. Bolam's secrecy about her past. They said their research indi- cates that Miss Earhart and her navigator, Fred Noonan, were intercepted near Hull Island In the Phoenix group on July 2, 1937, by planes from a Japanese carrier, and.that she was held captive in the Imperial Palace in Tokyo throughout World War II. Klaas said he believes that Kmperor Hirohito bartered Miss Earnart's life and "Ihe seems she knew, which could be em- barrassing lo Ihe U.S. govern- for his own freedom from trial as a war criminal. The two officers expounded their theory in connection .vith Klaas' book, "Amelia Karhirt Lives: a Trip Through Intrigue In Find America's First Lady of Mystery." The book is published by the McGraw-Hill Book Co. A press conference is scheduled tonight. Gervais, a former bomber and transport pilot and accident investigalor for Ihe Air Force, said he first met "Mrs. Bolam" at a Long Island meeting of the Early Fliers of America in 1965, and had located her at various limes in various places, includ- ing Bedi'jrd, N.Y.; Newark, N.J.; Princeton, N.J., and Ra- leigh, N.C. McGraw-Hill spokesman said Mrs. Bolam has given an address at Jamesburg, N.J., and the two officers have wnt- ten lo her Inviting her to appear al a IPS Angeles meeting Nov. IB, when more details of findings will be disclosed. He said she looks very much the way he thinks Miss Earhart would look at Ihe age of 72. He said she denied that she is Mi-.s Earhart and "steadfastly re- fused to answer questions about her background, birth, schooling 1 or her career in aviation." Missing Agent Leads To Drug Dismissals Fifleen felony "sale of dangerous drugs" cases against four persons were dismissed Monday by J2nd Disl. Judge Raleigh Brown because Ihe slate was unable to locate its star witness. The trials of Ihe four defendants, brothers Tommy Joe White and Luckie II. Whi'e, both of Mcrkel; Hoberl Jr. of Rt. 1, Mcrkel, and Eulalor Randolph, 31, of 717 Plum were to have been held this week. THE WHITE brothers and Miss Randolph had each been charged with four cases of sale of barbiturates, while Lee had been charged with three counis. All of the sales were made r to undercover man George Beaird, whose where- abouts now arc unknown to the State. Criminal '-nisi. Ally. Ed Payntcr made this statement upon requesting dismissal of each of the charges: _ "THK INOKRCOVKn aqent ta whom the sale was made and upon whnse testimony Ihe prosecution depends, has left I he employment of the police agency and though diligent efforts, including phone calls, letters, and subpoenas, have been made lo locate said agent and to compel his appearance, he cannot be found. Therefore, the State of Texas cannot proceed lo trial." Tommy While had charged with sales lo Beaird on 1 May 29, June 14 and May IB; Luckie White, April 2.1 and June Lee, May 1, May 12 and May 14: and Miss Randolph, May 25, May 29, May 30, and June 9. WALTER EUBANKS lo Amarillo W. Eubanks QuifsCOG t i Waller Eubanks, director cf law enforcement coordination for the West Central Texas Council of Governments for 13 months, announced his resigna- tion Monday, effective Nov. 15. Eubanks was the first law enforcement coordinator for COG and helped establish Ihe first regional training school jn Ihe COG's 19 county region. COG has now graduated some 125 area officers from the training academy. Eubanks resigned as Sweet- water police chief to accept the newly created position with COG last October. He resigned lo accept a poq- linn wilh Amarillo Junior College as director of Ihe School of Police Science. Amarillo Junior College offers an associate degree in police science and is under contract with the Panhandle Regional Planning Commission lo train in-service police officers for Ihe certification program and other special schools in the Panhandle area.' All Indicators Up Industrials were up S.Ofl. trans- portation was up .10 and utilities were up .35 at the end nf fourth hour trading Monday on the New York Slock Exchange. The New York composite was up .23. Volume was shares, reported Ihe Abilene office of Schneider, Bemct and Ilickman. neck and submits him to punish- ment, imprisonment, taxation, or submission to some ordeal, Ihe complaining person may not be heard in Douglas said. "The rationale in cases such as the present is that Ihe gov- ernment cannot lake life, liber- ty, or property of the individual and escape adjudication by the courts of Ihe legality of its ac- tion. "This is Ihe heart nf this case. It does not concern the wisdom of the fighting in Southeast Asia. Likewise no question of whelher Ihe conflict is either just or necessary is present. "We are asked instead wheth- er the executive has power, ab- sent a concessional declaration of war, In commit Massachu- setts cilizens in armed hostili- ties on foreign soil. Another way of putting the question is wheth- er under our Constitution presi- dential wars are permissible. "Should that question be an- swered in the negative we would then have to determine whelher Congress has declared war." Douglas went on Jo say that had Ihe court declared war un- constitutional President Nixnn would be free lo seek a congres- sional declaration lo legalize U.S. participation. "The question of an unconsti- tutional war is neilher academic nnr Douglas conclud- ed. "II should be settled nure and now." Justices [farlan and Stewart said wilh their dissent only that they favored a hearing on the question nf whether the court could rule on Ihe war. While Douglas is considered the court's most liberal mem- ber, he was joined by Iwn re- garded as conservatives, Ilarlan and Stewart. At the same lime, Justices Brcnnan and Marshall, who arc generally considered liberals, lined up with Burger, Black, White and Blackmun in opposing a hearing. Agents Raid Coke Still of the Roaring 20's! Bootleggers are rarer these days, as witnessed by the fact that agents from Ihe Alcoholic Beverage Commission made their first arrest in more than 10 years Saturday afternoon following a raid on an illegal still 12 miles south of Bronte. A 47-year-old San Angclo resident was arrested on charge of possession of unlicensed paraphernalia, then released on hail. Charges were to be filed today at Robert Lee in Coke County. ABC agents, Ird by District Supervisor Owens, and law enforcement officers from Coke County, confiscated a cooker, a 55-gallon drum nf mash, a btimer, a 55-gallon cooler, eight gallons of sour mash, eight gallons of wine and 12 gallons of brandy. The trailerful of illegal equipment' was in display Monday in front of the Abilene ABC office, at First State Bank. Canoeists on the Rio Sierra Club canoeists arid to the scenery along the Rio Grande River south of Dry- den, Texas, during a recent trip down the rapids. Bill Wright, Abilene business- man and president of the school hoard, and four Other Ahilcnians were among 15 other members of the Club who made the trip. In this section of the river, can- yons form an almost impassable barrier for almost 100 miles. Wright's story and photos of his baptism into the "white water" fraternity appear on Pg. 10. (Photo by Bill Wright) Author Denies Suggestion On Jack the Ripper LONDON' (AP) Thomas Slowell, the author whose hints touched off speculation that Jack the Ripper was the creat-uncle nf Queen Klizabetn II, denied today that he ever suggested Britain's most notorious murderer was of royal blood. Stowell said in a magazine article last week that he knows the Ripper's identity but refuses to disclose it. In Ihe article he dropped a number of hints about the killer who carved up proslitulps on foggy bark streets of 1'rth century !.ondon, baffling Scotland Yard. Slowell said the Ripper was "Ihe heir lo power and heir lo a title and son nf astern Victorian matriarch These and hints led Ihe British press lo Kdward, Duke of Clarence, grandson of Queen Victoria and elder brother of King George V. He died in 1M2, and some historians believe he was a homosexual who died of syphilis. In a letter in the Times today, Slowcll wrote: "I have at no time associated His Royal Highness, Ihe late Duke of Clarence, with Ihe Whitcchapel murderer or suggested that the murderer wii of royal blond. It remains my opinion that he was the scion of a noble family." Accident Expect ant The 23-year-old Abilene teacher who died in a two-car crash Sunday evening near Anson was identified Monday morning as Mrs. Linda F.liza- bcth Ramos De Lonn by Anson Highway Palrolman Kont Coarley. The young teacher had been identified as Linda Elizabeth Ramos following Ihe accident but it was learned later that sfa is married to an airman sta- tioned at Sheppard AFB in Wichita Falls and was pregnant. Slir WAS HEAD on arrival Sunday at Hendrick Mrm.irinl Hospital following the crash .it p m. on U.S. BH a mile south of the Brazos Bndce, about midway between Abilene and Anson. According lo Ccarlcy, Mrs. Do Leon was travelling south in Ihe south-bound lane nf Ihe fnur-lana highway. The olher c.ir was travelling north. The driver of the other car, Robert Lindley nf 1705 S. 3rd, is listed in satisfactory condition at Ilendrirk, suffering from Burial Prohibited in Backyard, City Limits SB o.i [H.lor.nU r In Yr-uf Oorf Htotlh IV M ,iwn'l V, 3.4A ru EI.LIK Q. I'd like lo know If (he law requires thai a person br hurled In a ermrlrry and nndrr Ihr direction of a funeral dlrrrtnr. Also, must a person being hurled first he embalmed and must they be pal away In 3 casket? A. You can wrap Ihe dead in a blanket if you like; a casket isn't required by law, but snme cemeteries dt> require one. Cemetery burial Isn't required eilher. Many people request lo be buried on their farms or ranches, hut you can't bo buried in your hack yard or In the city limits, and you must have a burial pcimll lo he buried anywhere. If a body isn't buried within 24 hours, then under Ihe law. it muM bo embalmed or fro7.ii. A funeral director Isn't necessary for Ihe actual burial a member nf the Immediate family could do II hut he can't charge (cir Ms The death certificate must be signed by a doctor and a funeral director then filed with Ihe Health Q. My Cub Seoul (mop would like lo mate some "hnmrmadt" games as a goodwill project for the Cioodffllows. Mould Ihe) appreciate this or would they prrfrr only "store Some of Ihr other troops are thinking about making lots also and wnnld like lo know Ihls. too. It so, whit kind of games do (hey j. A. Chairman of Ihe Ooodfcllows Toy Drive, Syd Niblo, said he doesn't sec jinylhing wrong wilh home-made toys as long they're well made. We couldn't pin him down on what kind of games or he wants. He said just whatever you feel a child would enjoy would probably be all right. And Onodfcllows nerd repairable used loys too; If you are willing to part with snme, lake them In the Central Fire Station. q. Hhal happened lo Ibr olnmlnorn diamond ihaprd crnamrnfal crlllrj our ntt.lCTll Ihr Strrtt entrance to Abllene's Federal Building? A. They're laying in the Federal Building basement. They were removed about L year ago in order to gain access In snme windows that needed re-caulking and just haven't been replaced because no nne seemed to Ihmk they were very necessary, says Roy Lewis, who heads the mainlcnance section al the Post Office. Q. It will WHIR br Irrr planting llmr again. Will jou gKr ns thr names of some thai prodner bright rrd and jellow fall lollage and lhal nonld grow lalrlj last In this fcfilon? i r i A. Arizona Ash and (inlden Rain trees produce yrllow leaves, while Sumac (which Is a small tree) has bright red leaves. Swcel and Spanish Oaks rod nr yellow leaves; thr secret is to purchase them when they're In fall foliage, Ihen you'll know what color they're going lo turn, fays Paula Carter, nurscrywnman. The has n lot to do wilh Ihe brilliancy nf Ihe colors; if we have an early frost the colors arc brighter. Q. There's a slop sign on Collins Avr. lhal runs Into drapr St. On Ihr comer of Colllnfi and Crape there's a big sign that's right In the way and I can't MV If any cars are coming hrransc ol thr big sign that's so close In thr road. Could Ihe City make them Ihr sign back a Illllr so we can sec (ralflc at (he stop A. Aclinn1 Lire drove by the intersection and we see whal ynu mean: the sign is definitely obstructing vision. We talked to Bud Taylor, traffic engineer, shout it and he promised lo check It out. If he feels it's a traffic hazard, he'll have the store move their sign. Our bet is that it's been moved already. Addrm qurtllnnsjo Action IJne, Hot Ahllenr. Trias Names will not he used hut qnrstlons mast be signed and anMrrssrs glun. I'lratr. Include telephone numbers If possible. multiple Lindley is operations manager of KTXS Television. ACCORUI.NC, TO College Heights Elementary School Principal Paul Mrs. De Ifnn was returning to Abilor.e from hfr paronls' home in Wichita Falls. Mrs. DC I.win was a first grade leather at College Heights. Mrs. DC Lfin was born Oct. 3, IM7. in Wichita and was a IVfi graduate o[ Wichita Falls High School. She graduated from Midwestern University in 1970 and w-as secretary for the Wichita Falls General Hnspilal before coming lo Ahilorn. Shn was a member of Our l.idy of Ciuatlalupe Catholic Church in Wichita Falls. Survivors include her husband, Richard: her pnrcnts. Mr. and Mrs. Manuel R.imos Sr. of Wichita Falls: n brother. Manuel .Jr. o[ Wichita Falls: a grand- mother, Mrs. Habnclla Gonzalez of Los Angeles. Calif.; a grand- father, Ivy Gonzalez of Las Vegas. N'ev. Funeral is ponding al Owens nnd Bnimlcy Funeral Home in W i c h i l a F a 1 1 s Local arrangements were handled by North's Funeral Hnrr.r. TVEATJiElT US. DEPARTMENT OF COMMERCE WfllMf Ifrt'Ct 1 (WUmrr MJp, Pg. AfVLENE VICINITY Lrw IM M 1 WvPf BtTUOll I M J '9 7Cl. 74- t "I T w IB n II M II 01 ;