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Cedar Rapids Gazette (Newspaper) - October 29, 1974, Cedar Rapids, Iowa Weather— Cloudy tonight a n d Wednesday. Chance of rain Wednesday. Lows tonight, 50 to 55. Highs Wednesday, mid 60s. VOLUME 92 - NUMBER 293 LO iedttr fstvntdo CITY FINAL 15 CENTS CEDAR RAPIDS, IOWA, TUESDAY, OCTOBER 29, 1974 ASSOCIATED PRESS, UPI, NEW YORK TIMESNIXON SURGERY SUCCESSFUL Court To Decide New Death Case WASHINGTON (AP) - The supreme court Tuesday agreed to review the first death sen-tense case it has received since it ruled in 1972 that capital punishment as then carried out was unconstitutional. The court said it will hear arguments later this term on the appeal of a North Carolina man condemned to die for murder. Depending upon how broadly the court rules, its decision could affect only a limited number of North Carolina cases or the validity of the death penalty itself. The court ruled 5 to 4 on June 29.    1972,    that    the decision whether to sentence an individual to death could not be left up to a jury. Since then, more than half of the states have passed laws designed to get around the court’s objections. More than IOO prisoners are now under death sentences in state penitentiaries and awaiting execution. Interpretation North Carolina enacted such a law April 8, but the man who is; appealing is among more than 40 condemned to die in the state, under a judicial interpretation of a previous law. North Carolina originally re-j quired the death penalty for! first degree murder, rape, first; degree burglary or arson. In! 1947 and 1949, the state legisla ! ture changed the law so the jury! could recommend life imprisonment. In 1973, the North Carolina supreme court ruled that the; previous year’s U. S. supreme j court ruling had invalidated: only that portion of the state law which made the penalty optional with the jury. Treating the law as mandatory’, judges continued to sentence men under it. Attorneys for the NAACP Legal Defense Fund, appealing on behalf of seven defendants, contend that this “reinstatement of the death penalty by judicial decision” was an “impermissible evasion” of the supreme court ruling. The court agreed | to hear only one of the seven appeals, and did not indicate! whether it would hear the others. “Cruel, Unusual” They also argue that the death penalty violates the con-) stitutional ban on “cruel and unusual punishment.” They contend it is unevenly applied even when it it, not left to the jury. For instance, they argue, the prosecutor has broad discretion! as to what charges to file, and; whether to reduce charges after plea bargaining. Juries can find defendants guilty of lesser offenses not punishable by death. And governors can grant clemency. In other actions Tuesday, the court: Upheld federal black lung regulations which coal mine opera-; tors challenged on grounds they, would cost billions of dollars! and “invite unlimited subterfuges.” The nine operators objected, among other things, to a clause making the benefits available to men who retired (Continued: Page 3, Col 5.) Today s Index Ford Ousts Saw hi 11 in U.S. Energy Shakeup Objective: Block Blood Clot Spread Gazette Leased Wires AP Wirephoto SMILING OPPONENTS — Defendant John Ehrlichman and a family friend, Fat Taylor, left, walk past Jill Volner and Carl Feldbaum, assistant prosecutors, during a recess in the Watergate cover-up trial. Hunt Denies Payments Blackmail WASHINGTON (AP) - Pres-j matters, said: ident Ford announced Tuesday lf voluntary efforts do not cut a major shakeup in the federal oil imports by one million bar-) energy hierarchy, removing, rels a day, he will “of course” J John Sawhill as administrator!move toward mandatory mea-; and replacing him with Asst, sures, including a possible iron-; Commerce Secretary Andrew clad limit on imports. Gibson.    That U. S.-Soviet differences LONG BEACH, Calif. - Ford made the disclosure dur-!on strategic arms limitations Former President Nixon undering an impromptu White House “have been narrowed” and went successful surgery Tues-press conference. He also an- voiced hope for a second-stage day to block the spread of blood nounced that former air force SALT agreement next year. clots which had threatened his secretary and NASA official Agriculture Secretary Butz, in life. Robert Seamans would become por(j’s vjew, “has done a good Dr. Eldon Hickman, who per-head of the new Energy Re- j0|y> and thc president has no formed the operation, said the search and I) e v e I o p rn e n t pjans to replace him and has surgery was “uneventful” and “no specific plans to ask for any the 61-year-old former Presi-cabinet resignations.”    lident’s condition was “stable” Republicans as well as following the operation which Democrats were the target, posted a little more than one Ford said, cf an Oklahoma City bour. Dixv Lee Rav now head of campaign speech a week ago in Nixon’s personal physician, the Atomic Fnerev Commission which he suggested the election Dr* John Lungren, ordered the a hcavify^Dernocratic con- j «*£-tateMonday nj*-ta. t i i t • *    »•    i    •    Press could ieooardize the new tests disclosed a large clot of state for international envir- Brtss com a jcuparuuc me, ___ .    ,    ® . |    ,    ....    ,.    Doace    iio Nixons left hip above those onmental and scientific matters, 1**^    i    .■    •    .. Ford said as the new appointees Without regard to party, he p"* J .?',??. "    *    .1 flanked him at the podium. said.    the    election of a congress loS ™ The President made clear-ore likely to adopt measures “^r^    * that Sawbill s resignation was!'U*'he Turkish aid cutoff will ™    . charactcrjzcd desired bv Interior Secretary make our efforts much harder Lungren, wno characterized desired ny imerior »ecraar>    *    ware and maim ain the operation as a “success,” Morton, whom he named three _    tt    said the five-man surgical team inserted a    clip    across the    iliac vein in the    left groin    area. c,cs-    lic,,cr    wm    w    Lungren    had    said    the opera- . w. ______   w_______finn Wuk ronuirpd hfrausf1 tho economic programs are sound    support    him    for    the    lots jn Nixon<s leg    a and should deal with both infla- No 2 position in the nation as threat to his life, tion and recession — but added ^ *n August. “I will be open to suggestions” if they don’t cure the current ^ ^^OPIvictS I Agency, and that former astronaut Bill Anders would head the new Nuclear Regulatory Agency. New Appointees weeks ago to coordinate the fed- the peace. oral government's energy poli- He believes Nelson Rockefeller will be confirmed as vice-Ford declared that his present | president and added that I f “I consider it in the nature of| Hundley established i former White House Gazette Leased Wires WASHINGTON - Watergate a bill collector,” Hunt said. burglar E. Howard Hunt tcs- “You don’t feel you were sell- tified Tuesday that more than ing your silence7” $100,000 raised for him under “No, sir,” Hunt said. “That is White House auspices was nei- a different matter.” ther “extortion nor blackmail.”    _ will u ,, tt .    White    House    Ties William Hundley, attorney for former Attorney General Mit- Earlier, Hunt said under that a at least $165,000 for lawyers’ official,!fees and other expenses. Howev-Charles Colson, was responsible cr, by last spring the money for Hunt going to work at the had long since stopped. White House and accused Hunt    cjtc(j another reason for economic slump. Ford was asked if he still ‘n'^0JY^gp|£| Plflfl© For Escape Permanent Clip “With the threat the clot could become a pulmonary embolus, we placed a mild clip . . . partial occluding (closing) but not completely occluding the vein,” Hickman said. He said the clip was permanent. IUPI _ Fnnr “This will cut off any clots of any magnitude . . . The clots of cheli, pressed Hunt repeatedly. “Besides protecting these people, you were also blackmailing them9” Hundlev asked    the    1972 Committee To Re- At no time. Hunt said elect .he President headed by “At no time?” Hundley said. ! Mitchell. “No, sir.” Hunt said.    Under    questioning by Hund- “You don’t consider your ley, Hunt said he had never met comments to disclose ‘seamy’ j Mitchell nor communicated with things you had done for the him in any way. White House, you don t consider Hunt said it was another con-that blackmail?”    victed Watergate burglar, G. “No, sir.”    Gordon Liddy, who told him in “What do you consider it - April 1972, that Mitchell had fi-investment planning?” Hundley nally approved the breakin asked.    plans. cross-examination that his main to cross-examine Hunt. Those prior public forums was in all data ties in the Nixon administration representing H. R. HaJdeman.! respects factual and candid.” went to the White House and not John Ehrlichman, Robert Mar- dian and Kenneth Parkinson were to follow. “Rude Awakening” Hunt testified Monday that a Earlier Monday, Hunt testified for the first time that Mitchell approved the intelligence plan that ended up as the original burglary. Guerilla Role Labeled Blow to Kissinger Bid sisted the country was not in a recession. “Whether it’s a recession ort not a recession,” Ford said, “we have problems.”    THE HAGUE Semantics    convicts holding 16 hostages in    their own nature will eventually He indicated he did not want    the Scheveningen prison chapel    dissolve or you will develop new of seeking to protect    Colson I telling the truth    about Water-1 to argue the    semantics of    the    demanded    Tuesday night    that    circulatory    problems,” he said. when Hunt lied before    severalga(e He said    his    four children! matter.    the Dutch    government provide a    ,®ut    be stressed that he anti- Watergate grand juries.    )“were not fully persuaded that) The President's first ques- pjane (0 jjy    an(j    a    fifth    c/Patec* n° new problems for Mitchell’s lawyer was    the firsti the testimony    I    had given in Honer asked    if new    economic    .    ,    ...    Nixon    and    said he would de- might    prompt    Ford    to    prlsoner 10 a coun,ry of    tlKir    scribe    the    operation as a suc- change the emphasis of his    eco*    choice.    cess. nomic policies to fighting reces- There was no immediate re- Hospital spokesman Norman sion rather than focusing large- sponse from the Dutch govern- Nager said more tests will be ly on inflation.    ment.    conducted on Nixon to insure Ford responded that his    eco- The convicts    said that when    there are no complications, ncmic blueprint unveiled earlier    the demands have been met,    Lungren said the operation this month was “finely tuned”    two women and a man with a    was uneventful and that the “rude    awakening” brought    on    Hunt said    Liddy    gave him    reg-    was designed to “deal with    heart fondition among the hos-    former President was “recover- by    release    of    the White    House    ular    reports    on    attempts    to    per-    both those problem*?.”    tages will be released immedi-    in8 in the normal manner. But he added that if new eco-    ately, police said. The convicts nomic data came to light that    originally seized 22 hostages would indicate a steeper set-    Saturday but released same. back than anticipated. “I will be T|)e c0|)vh.ts armcd wl(h „ open to suggestions.    lean two guns asked that pris- “No Differences”    on officials turn over a second (Continued: Page 3, Col. 7.) tapes persuaded him to stop lying about Watergate. He admitted he lied more    — than a dozen times before grand EcOnOIMC IlfCeX Drops Sharply Arab hijacker to their custody, Plat a bus with a rear exit should be driven to the chapel entrance, and that the whole area should be floodlit. The negotiations were juries in the spring of 1973, even though he could no longer have been prosecuted for his part in the Watergate breakin or subse-    "    m    The    President    said    there were quent attempts to cover it up.    I    WASHINGTON (AP) — The'“no major policy differences” The 56-year-old retired CIA    government’s    index of    future    wi,h Sawhill,    although there agent said he read published    trends in the    economy    plunged    were perhaps    “differences in transcripts of the presidential Jas*    at    the    steepest    rate    approach and technique.” tapes last spring shortly after *n ^ years.    ue    said    he    decided    that Mor- he was released from prison.    j    The commerce department ton “ought to have a right with conducted by telephone The tapes disclosed increasing    said Tuesday    its index    of lead-    my approval”    to make changes    "We    now    have begun    what    we    would tak< discussions among former Pres-    mg indicators    dropped    2.5 per-    in the ranks of federal energy    consider    the    first    beginnings    of    home. Although the endorsement of ‘dent Nixon and aides about cent. It was the second sizable officials, and that Sawhill “will negotiations,” a justice ministry He said he did not anticipate Palestinian cneriiiac « th ,he Palestine movement ap- Hunt’s continuing demands for decline in a row, making thebe offered a first class assign-spokesman said. Both sides are any further surgery, raiesiima guerillas as inc peared (Q <ioom resumption money. Former White House two-month fall 4.1 percent. ment” elsewhere in his adminis- talking about what can be done, Lungren, Nixon’s personal TGeneva Middle East peace !™unsi;l John Dean told Nixon The latest projection was for (ration    and    what    is    wanted."    physician,    said    he    had    consulted river had tni k h M conference soon, the way ap- was blackmail.    sharply higher unemployment,; After making the announce- Two Arab and two Dutch con-with Nixon’s wife. Pat, and at Wrptart    I*3***! open for the individual, “I felt a sense of rude awak- decreased spending on durable ments at the beginning of the victs seized the hostages during daughters Julie and Trieia by *    g    I j x.J .min./ and i rnaibpH thai th#»*P fronds lower returns for raw news conference. Ford said the a Roman Catholic mass in the telephone Monday night. By United Press International instrumental Israeli newspapers said Tues- ag^nicnf day that the emergence cf the in winning the The doctor said he had the usual postoperative effects of being sleepy and was confined to bed. Nixon’s wife, Pat, and his secretary, Rosemary Woods, arrived at the hospital a few hours before the operation which began at 7:30 a m. CST. Lungren said he spoke to Mrs. Nixon early Tuesday. Hickman said Nixon will prob-being ably be hospitalized for “another week,” then the recovery four to six weeks at Middle East oeace efforts and bilateral negotiations advocated ening an(1 1 realized that these goods, virtually torpedoed the*Geneva by Kissin8er and president'men were not worthy of my con-material producers and even shakeup places “a new team in (chapel Saturday evening. Since Lungren was an observer at ,    ^    oauai ui og.vpi.    Itinued or future loyalty,” Hunt slower activity in the already-charge of the energy program then, six hostages have been re D?. 6 C°n erenCe    ..    The    Rabat decision is “a testified near the end of his first depressed construction industry, which we will see moving ahead leased. Hie triumph of Palestinian h    h) ‘f r n    fh‘    day    on the stand.    The    strongest    factor    pushing    under    Roger    Morton’s    stew    Dutch    officials    said    the leader Yasser Arafat came at Heavy blow to Geneva, said the *..... an Arab summit conference in Rabat, Morocco, when Arab kings, presidents and sheiks recognized the Palestinians’ claim to the West Bank in a major diplomatic defeat for Jordan’s King Hussein who lost the territory in the 1967 Mid-East war. “Wartime” Cabinet The Palestinians announced (Continued: Page 3, Col 5.) By March 16, 1973, Hunt by down his own testimony had received prices. the index was stock antship were a breakthrough The Chief Executive, on other gotiating “may go on for a long initially and will tx the surgery. Both Hickman and Lungren talks noted that Nixon will be prohi-The rn*- bited from eating a regular diet fed in- More Delay on 1-380 in Hiawatha By Mike Deupree The Linn County Regional Planning commission refused Monday night to formally ac* they would set up a government j cepf an 1-330 route through the iti twilit   vi itll -I “uartimi>"    ••    .    L Comics ....... ...... 17 Crossword 17 Daily Record ........ 3 Deaths .............. ....... 3 Editorial Features 6 Farm Financial 18 Marion 7 Movies .............. ...... 10 Society ........... 8 Sports 13-16 State 4.5 Television........ ....... 9 Want Ads ........ 20-23 in exile — with a “wartime cabinet — as the first step in trying to create an independent state on the West Bank, a move Israel rejected in advance. Former Prime Minister Golda Meir has said creation of a Palestinian state on the West Bank would be “a knife at Israel’s heart.” Tuesday. Hussein and Arafat set aside their bitter rivalry to join in the surprise agreement in a rare show of unity. Arab .sources said King Faisal of Saudi Arabia — whose oil money has financed much of the Arabs' anti-Lsraei actions — was center of Hiawatha. The surprising move was the latest in a controversy over where the highway should he located. The planning unit adopted a major streets plan several months ago showing two possible routes for the highway, one through Hiawatha and the other to the west. After study by the state highway commission and several hearings, the commission voted last month, with two dissenters, to accept the highway commission recommendation of the Hiawatha route. Monday night a motion to formally amend the streets plan by eliminating the western alternate was approved by 12 of the 19 members present, but failed to receive the necessary 16 votes representing a majority of the full commission. Some Question After the vote there remained some question of where the issue now stands, as well as what the vote does to road projects receiving state and federal funds The delay will give Hiawatha a chance to proceed with a comparative cost analysis which it has contracted for with Willis and Powers of Iowa City. A special planning commission meeting has been tentatively scheduled n e x t month to go over the results of that study and reach a decision on the route. Meanwhile, however, its likely no funds will be available for any road projects in the county The funds can't be distributed by state or federal sources unless the planning commission’s planning process is certified, which it is not at present. It won’t be certified until an approved major streets plan is on file, and the streets plan won t he approved until a single interstate route is chosen. Irony Ironically, the action Monday night may have delayed certification of the planners without delaying highway commission work on the Hiawatha route. Ray Kassel, deputy director of planning for the highway commission, declined comment T u e s d a y pending an examination of the action taken by the planning unit. Nevertheless, the difference between last month’s acceptance of the highway commission recommendation and this month’s rejection of a formal amendment may be significant. Planning Director Don Salyer said while a formal amendment to the streets plan is required for certification, only informal acceptance of the highway commission rec- time, but it has started mov- Ravenously Tuesday, ing,” said a Dutch spokesman. Lungren, who had warned The last child released was ll- that bleeding might tx* a probyear-old Godfried Clercqs who lem during surgery because of said the convicts freed him be- anti-coagulation therapy, said cause “I told them I had to get there was no excessive bleeding back to school.”    during    the    operation The kidnapers still held the    Prevent    Clotting child’s parents hostage. ...    .    ....    ...    ....    Nixon was given no extra odors said tile smiling child (joses 0f Vitamin K to prevent I was well He was^ greeted by his excessive bleeding during the 171-year-oid grandfather, Johannes Den Boer, one of five (Continued: Page 3, Col. 5 ) Stocks Stage Sharp Rise surgery, Doctors said lie would host-continue to receive heparin, as he had before the operation, to prevent further clotting. Nixon’s youngest daughter, (Continued: Page 3, Col. 3.) Tlulu if's Chuckle One executive to another: (Continued: Page 3, Col. 8 ) NEW YORK (UPI) — Despite I some adverse economic news,! prices Tuesday rose sharply and, “Well, no, I wouldn’t say he's broadly in accelerated trading conceited; but he’s absolutely on the New York Stock Ex-1 convinced that if he hadn't change.    *    been born people would want The 2 p m Dow Jones average to know why.”    conyrin was ahead 19 55 at 653 39    *    -    m    ■    ± ;

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