Florence Morning News Newspaper Archives Nov 10 1970, Page 1

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Florence Morning News (Newspaper) - November 10, 1970, Florence, South CarolinaOur 47th year no. 314 the daily paper published in Eastern South Carolina Florence s. A tuesday morning november 10, 1970 daily sunday 15e High court declines to Rule on legality of War Washington a the supreme court declined 6 to 3 monday to be drawn into a judg ment of the Vietnam War. Without stating its reason the court rejected a suit by the state of Massachusetts that questioned the legality of . Military action in Indochina. The Issue now will be fought put in lower courts while the War goes on. A the court said in response to the Massachusetts suit was the motion for leave to file a it. To ulc Bill of complaint is at than to a coordinate Branch of the same time the court declined to consider the views of a unitarian universalist minister it is far More important to dissented without subscribing to leases that could determine the be respectful to the Constitution j Douglas s opinion. J Fate of More than 550 con the 72-year-old Justice wrote. The division did not follow lib Oral conservative lines. Harlan Jand Stewart generally Are Cau who framed the state Law that the majority consist Titus jurists while Brennan and preceded the suit. Red of chief Justice Warrene. Justice William 0. Douglas in i Burger and associate justices Marshall Are usually numbered in the court s activist Wing. Dissent said the court should not have deferred to the White House and to Congress but should have carried out duty to interpret the Constitution. Hugo l. Black William j. Bren damned prisoners. The Nixon administration had advised the court not to hear Massachusetts. Justice depart ment officials said a judicial in Quiry into the legality of the War would hamstring the president the ruling was handed Down Congress Anci Embarrass Nan jr., Byron r. White thur without comment with scores of june nation. Good Marshall and Harry a. Other orders on pending a Blackmun. Justices Potter peals. The court then heard a Stewart and John m. Harlan Gumell in two death penalty Douglas rebutted the govern ment s argument Point by Point. He said the War is at least As important As president Harry s. Truman s seizure of the steel Mills during a strike and Congress refusal to seat rep. Adam Clayton Powell . Past courts ruled on both and reversed Truman and Congress. Government cannot take life Liberty or property of the individual and escape adjudication by the courts of the legality of its Douglas said. He said this was the heart of the Massachusetts Case. No question of whether the conflict is either just or necessary is he added. The suit was authorized by state Law enacted last april. Massachusetts atty. Gen. Rob Ert h. Quinn sought the hearing last july 22, saying he sued in the supreme court instead of in lower courts because we want to get done Quinn was not immediately i available for comment on court s action. The Rev. John m. Wells who drafted the original Bill under which Massachusetts brought suit said in Lexington mass i am terribly disappointed that the supreme court did not see fit to give a full hearing to Wells an attorney As Well asja unitarian minister declined see court Page 3a order from circuit judge Scranton will make 3rd pass at electing mayor by c Arl Reynolds morning news staff writer Scranton a Small town in the midsection of Florence county was ordered monday by a circuit judge to try for a third time to elect a mayor. Judge Robert w. Hayes of Rock Hill came to this conclusion after hearing testimony involving two attempts to elect a mayor for the town of about boo citizens. I Don t want to hear any More. The judge said. This Scranton election situation has already reached the Point of with those remarks judge Hayes ruled that a tie still exists and ordered the town Council to set up a new election to select a mayor to succeed Pete Sparrow who resigned in August for personal and b u Sines s Sparrow had begun the two year term in january. The first election on oct. 6 ended with both the Republican an d democratic candidates drawing 86 votes. A new election was called for oct. 20. This one also was announced As a tie at 93 votes each on unofficial returns. The Florence county election commission h o w Ever re counted the ballots including one of two which had been tossed out earlier for being improperly counting of one of the ballots which had been tossed out adjusted the second tie and gave Republican Ray Dubose a Victory Over Democrat John Singletary. Singletary appealed the commission ruling and the swearing in of Dubose was held up until the matter could be disposed of in the court of com Mon pleas. The court was asked to decide two questions should former mayor Sparrow s vote be counted his ballot was cast under a protest based on residency requirements. The commission had ruled Sparrow ineligible to vote. The commission make an error in finding one of the two previously discarded ballots iranian Airliner hijacked Beirut Lebanon a nine men six of them described As criminals being expelled from an arabian Sheik Dom seized an iranian Airliner in Stormy weather Over the per Sian Gulf monday after Over valid the commission had ruled one of the two marked for Dubose adding it to his total and declaring his election. On the latter question judge Hayes ruled that the Mission was right that the vote j powering their guards. They or should count for Dubose. See Scranton Page 3a Russia to free s. Generals construction project in Cuba Are communications announced Back again the Pentagon construction had at two soviet ships returning to Cuba Washington weather showers Likely today. Decreasing Clouds iness and cooler tonight. Sunny mild wednesday. Highs near 70 Low tonight in 40s. Details Page 3a. I soviet ambassador Anatoly f. Dobrynin called Secretary of state William p. Rogers Early monday afternoon and told him that maj. Gen. Edward c. D. Scherrer chief of the 11. S. Military Mission in Turkey and his assistant Brig. Gen. Claude m. Mcquarrie jr., will be lie soviet press officer Robert j. Mccloskey announced. We cannot confirm that they Lave he said. Mccloskey said he had no in to ration american released and permitted to Leav Board recommends wage hike biggest rail pay proposal in t enough j Union says Washington a a presidential emergency Board recommended monday the big Gest wage settlement in Railroad history for More than workers but a Union spokesman said it in t the five Man Board appointed by president Nixon to try to head off a threatened nation wide rail strike recommended a total average wage hike of an hour Over three years on top of the current average sourly wage. They re Short on said c. L. Dennis president of the brotherhood of railway and airline clerks largest of four Al Cio unions involved in the dispute. How can they expect me to live with that in the transportation Industry when the govern ment okays an hour in crease for the teamsters in three said Dennis interview. He referred to a recent wage settlement of some teamsters truck Drivers. But he said the recommendations could be the basis for real hard but be ginning thursday with the Industry s chief negotiator John p. Hiltz. Under Federal labor Law the two sides have 30 Days to con Sider and negotiate on the basis of the Board s recommendations. The earliest the unions could strike if there is no Settle ment would be . Dec. 10. Dennis Union represents More than of the work ers involved. He also objected to the White House Board s recommendations against More holidays against increasing the current four weeks maximum vacations after 20 years service and against extra vacation pay. How in hell can we live with that when everybody else is get Ting five weeks vacation or 125 per cent of regular pay while on Dennis said. The unions had asked three year wage hikes totalling some 40 per cent or More plus improved vacations holidays Cost of living pay and other benefits. The Board made no re commendation for Cost of living pay. Dennis asked if the Board s recommendations were the big Gest in the history of Railroad negotiations said yes you re right about that but in View of runaway inflation that s the reason Why they have to put More on the living costs have been rising at a rate of about 6 per cent a year for the past two years. Government sources also con firmed it was the biggest wage offer in Industry history. A spokesman for the Ameri can association of railroads said the Industry had no immediate comment on the Board s recommendation. Capacity crowd lauds symphony with its triple tribute saluting newly created Francis Marion College South Carolina s tricentennial year and the 200 the anniversary of Beethoven s birth the Florence symphony orchestra made a triumphal entry into its 1970-71 season Mon Day night. A standing room Only audience was on hand for the performance which was highlighted by the world premiere of overture a work by Latta born composer Carlisle Floyd. The overture was commissioned by the t r i Centennial commission in con Junction with the state s 300th birthday Celebration. Following a Well executed arrangement of the Star spangled Banner by Stokowski the orchestra under the skilled Baton of director Franklin West toasted the pee Dee s newest four year College with Brahms academic festival overture. Although not one of the com Poser s better known pieces the overture was obviously enjoyed by the audience. The orchestra answered superbly the intricate challenges offered by the work and swept through the familiar Gau Deamus i g i t u r refrain finale with a flamboyant flourish. Appearing for the fifth time with the Florence symphony orchestra As Solo artist Youthful pianist Robert Mcdonald concluded the first half of the evening s program by playing the magnificent piano concerto no. 5 in e Flat by Beethoven. The dramatic concerto appropriately called the emperor concerto was also performed by Mcdonald in his debut with the Florence symphony orchestra some 11 years ago. In the concerto the orchestra and artist set up a harmonious dialogue such As might exist Between two old friends meeting after a lengthy separation the orchestra provided sonorous Bridge Between and around Mcdonald s Crisp yet delicately handled trills and acutely accurate runs. Mcdonald still a relatively Young pianist Lias matured tremendously in poise style and pianistic technique since his last Solo engagement with t h e Florence symphony three years ago. He displayed considerable Power in the thundering cadenza of the Allegro sections of the pm porch yet was Able to interpret the Haunling less militant areas with a soulful sensitivity. Following concert tradition the second portion of the pro Gram was dedicated More to Modem music. Initiating this see symphony 2a on the third maj. James p. Russell who piloted the twin engine Beechraft strayed Over the turkish soviet Border More than two weeks ago. Some officials believe that Russell will be freed too and might Fly out the aircraft. Earlier. Rep. Kenneth j. Gray d-i11. Told newsmen that state department officials had advised him the generals had been released add allowed to return to Turkey. Gray said both generals Are in Good health and Are expected to rejoin their families in Ankara soon. Scherrer is a native of , 111. The Pilot of their plane was maj. James p. Russell. Russell has told american consular officers that he landed in soviet territory because of Leafy winds and miscalculations. Their plane landed in the Sor Viet armenian Border town of eni Nakan. Since the incident the state department has made a series of formal and informal requests or the release of the two in lined plane and its occupants. The United states claimed throughout that the plane strayed across the Border Acci dentally while on a routine inspection trip of turkish Border outposts. After a. Series of Low key communications from the state department failed to bring results he Nixon administration voiced Strong disapproval of the soviet refusal to release the generals. Press Secretary Ronald l. Ziegler told reporters at the Florida White House on key Biscayne monday night that the president is pleased and considers it a constructive step in soviet-. last Friday top level . Diplomats were told to stay away from diplomatic receptions in various capitals celebrating the anniversary of the russian revolution. The soviet news Agency Tass termed the incident an unlawful intrusion and a direct Fri Silt of the general military activity of the United states in areas adjoining the soviet in meanwhile in Turkey the Domestic turkish radio service was heard by . Monitors late monday announcing that the turkish colonel had been delivered to the turkish authorities tonight at the Kizilb Cacak Bor Der Gate in

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