The Cincinnati Enquirer from Cincinnati, Ohio • 1

TTTr-rri TTTV TTT A FTn aT ii Thin mm mil 1 la JCj IT iro Homo Delivered 6 Days Toe 134TII YEAR NO. 16 FINAL EDITION SATURDAY MAY 25. 1 )7 1 upreme Court Asked. Taues Case JL 3 WASHINGTON (AP) The Watergate special prosecutor appealed directly to the Supreme Court Friday asking a speedy decision on whether President Nixon has the right to withhold evidence from the Watergate trials. The petition to (he nation's highest court was filed just two hours after U.

S. District Judge Gerhard Gescll had warned that presidential failure to turn over subpoenaed evidence was leading one of the key Watergate trials toward dismissal. The main question presented to the high court by special" prosecutor Leon Jaworski was: "Whether the President, when he has assumed sole personal and physical control over evidence so establish an Independent prosecutor fully capable of Investigating and prosecuting allegations of criminal misconduct by officials In the executive office of the President?" Jaworski asked. Jaworski said it is of "imperative public importance" that the issues be resolved quickly to permit the Watergate cover-up trial to begin as scheduled on September 9. IN ANOTHER CASE, the White House moved Friday to quash a subpoena for the Ellsberg break-in trial, and Judge Gesell warned that Mr.

Nixon was pushing the case toward dismissal. "The action you have taken moves this case in the direction of dismissal," Gesell told White House lawyer James D. St. Clair. The trial is scheduled to begin June 17.

Brushing aside claims of executive privilege over the documents, (Jesell said the government has an obligation to produce all the relevant evidence it has or drop the case. And he said the courts, not the President, should decide what is relevant. "It is not for the President to determine what documents are relevant and should be produced," Gesell said. "It is for this court to decide. THE WHITE HOUSE also filed formal notice of appeal Friday against another subpoena issued on behalf of Watergate Special Prosecutor Leon Jaworski and several defendants in the Watergate cover-up trial, scheduled to start September 9.

U. S. District Judge John J. Sirica had given St. Clair until 4 p.m.

Friday to sign an appeal or turn over the materials Jaworski requested by May 31. GESELL ALSO turned down motions that the cases be dismissed, or that the trial be delayed or transferred to another city. The material subpoenaed included personal papers left behind at the White House by former domestic adviser John D. Ehrlich-man and ex-presidential counselor Charles Colson. They are among five defendants charged in the break-In at the office of Dr.

Lewis Fielding, psychiatrist for Daniel Ellsberg, who has said he leaked the Pentagon Papers. I --Cj- i i "Color rt by Enqilref tafl NIOSH Facility Due To Be Built On Site Near VC quite excited at the prospect of having NIOSH close by. "We do a lot of work with NIOSH, and it would be a fine thing to have them next door." Eagen said Cincinnati's NIOSH operations, concentrated at 1014 Broadway and In the main Post Office Building, included 264 permanent, 30 temporary and 10 "other" staffers in the latest personnel report April 27. TAe Dure Is Dead NEW YORK (AP) Duke Ellington, jazz pianist and bandleader who became one of America's greatest composers, died Friday of cancer and pneumonia at Columbia Presbyterian Medical Center, lie was 75. Tributes poured in from around the world.

The Belgian radio broadcast Ellington's greatest hits. The On Page 10: Tributes flow for Ellington. Paris newspaper Le Monde reported his death under a headline on the back page, usually reserved for last-minute Important news. President Nixon called him "America's foremost composer." Boston Pops Director Arthur Fiedler said Kllington was "not only a great musician but a great gentleman." Edward Kennedy Ellington, who got his nickname "Duke" as a youngster because of his elegant dress and manner, entered the hospital at the end of March, complaining of "shortness of breath." The hospital said he received radio- and chemotherapy treatments and at the end suffered from cancer of both lungs and pneumonia. Mis sister, Ruth, and his son, Mercer, were at his bedside at his death.

Ellington married in 1918, but soon separated from his wife. He leaves three grandchildren. Last Mideast Hurdle Reported Overcome On Page 2: President's legal problems. Stans' campaign ties aired. demonstrably material to the trial of charges of obstruction of Justice in a federal court, is subject to a Judicial order directing compliance with a subpoena issued on the application of the special prosecutor In the name of the United States." The direct reference was to a subpoena issued by U.

S. District Judge John J. Sirica April 18 at Ja-worski's request requiring the White House to turn over tapes and documents needed for evidence in the Watergate cover-up trial. The White House had moved to quash the subpoena, but Sirica denied the motion Monday and ordered Mr. Nixon to turn over the evidence.

formal notice of appeal by the White House to the circuit court here had been filed shortly before Jaworski filed with the Supreme Court an effort aimed at bypassing the circuit court and expediting a decision. Jaworski asked the Supreme Court to give speedy hearing to the case and resolve it during the present term of court, scheduled to end next month. THE SUPREME COURT appeal asked the high court to examine the entire question of "executive privilege," which the White House has raised frequently in efforts to retain material demanded by Watergate investigators and the congressional impeachment Inquiry against Mr. Nixon. "The case Involves basic constitutional issues arising out of the doctrine of the separation of powers and the powers of the judiciary and the prerogatives of the chief executive," Jaworski said.

"Perhaps most fundamentally, this case also presents a question of overriding concern to the full and impartial administration of justice. "Is our constitutional system of government sufficiently resilient to permit the executive branch to survival the second shock, we began to get evidence of a rhythm on the cardiac monitor. "The patient was alive and we rapidly began to get increasing movement. He was able to Breathe, and we put him under nasal oxygen "The crisis was over," Solow wrote. But he added that for the next six days he hung suspended in a state not quite comatose.

"For my family it was a period of dread, of hope," Solow said, explaining they feared the possibility of brain damage from the 23 minutes he was medically deceased. "Would I be a vegetable for the rest of my days?" But on the sixth day, he said, "there was a miraculous change. The reality of my everyday world burst into every corner of the room, filling me with confidence and Joy." Two weeks after the attack, Solow was discharged from the hospital. AP Wirofihoto Off For Florida PRESIDENT NIXON glances backward as he runs up steps into Air Force One Friday at Andrews Air Force Base to fly to Florida for a long Memorial Day weekend. Mr.

Nixon will make a live radio address on the economy from Key Blscayne at 12:07 p.m. today. wanted to have some assurance that both countries would accept it. Meanwhile, Israel and Syrian warplanes struck in raids on the Golan Heights Friday, where fighting went into its 74th day. Young People Editor Ruth Voss announces Greater Cincinnati's outstanding high school journalists those Judged to have made "the most outstanding" contributions to their school newspapers this year, rage 18.

The Wi 'father Partly cloudy and cool through Sunday. High today near 70. Low tonight, mid 40s. High Sunday, low 70s. Air Pollution Index, 97, fair.

Details Map on Page 10 INDEX our Sections After Being Dead 23 Minutes, Man Lives To Tell The Story By ROBERT WEBB Washington Bureau Chief WASHINGTON The national Job safety-health center, costing around $20 million, will go up next to the new Environmental Protection Agency (EPA) laboratory in Cincinnati under plans revealed Friday. Sources in the National Institutes of Occupational Safety and Health (NIOSH) and its parent, the Department of Health, Education and Welfare (HEW), confirmed a preliminary agreement with EPA on the 20-acre site nt Jefferson Ave. and St. Clair St. Location of the NIOSH and EPA laboratories next to each other, within shadows of the University of Cincinnati, will make the site one of the world's most Intensive in health research.

Agreement on the site was disclosed In an exchange of memoranda between HEW Secretary Caspar W. Weinberger and EPA Administrator Russell B. Train. "Mr. Train wrote Secretary Weinberger that he looked forward to a mutually beneficial arrangement on the site," said James H.

Eagen, NIOSH executive officer. "The site has flexibility, it is already federal property, and it is adjacent to the UC medical complex these were all desirable things in its favor." While further study is scheduled to determine the proposed NIOSH center's impact on traffic and the environment generally, the Weinberger-Train agreement was expected to rule out alternate sites suggested by the Greater Cincinnati Chamber of Commerce and city officials. CHAMBER AND CITY Officials, working with the area council of the AFL-CIO and area congressmen, proposed four available sites to NIOSH last year. That was when It was believed the EPA site was unavailable. Eagen said the NIOSH center would be built to house 400 workers.

And while the design architect has not even been selected, the center probably would cost around $20 million If built to supply a net 200,000 square feet, according to Ian Burgess, facilities director for the HEW's public health service. "We would want the NIOSH center compatible with the architecture of ours, which has seven stories above and three below the ground," said Dr. Andrew W. Breidcnbach, director of EPA in Cincinnati. "We would also want to know what impact it might have on local traffic but we would hope to be able to share some services, such as a cafeteria, and our EPA scientific personnel here arc Gerstenberg said the rotary engine will be offered after January 1 as an option on the new sporty subcompact Chevrolet, which probably will be named the "Chapparal." It will be offered on other small cars when supplies become available, he said.

The rotary engine was to have been Introduced this fall, but was delayed by problems with fuel economy that have now been solved, Gerstenberg said. He also said the use of catalytic converters to control exhaust emissions on all 1975-model GM cars in the United States and JERUSALEM (UPI) Israel accepted compromise Ideas by Secretary of State Henry A. Kissinger Friday to solve the main issue still blocking a military disengagement with Syria on the Golan Heights, cabinet sources said. The secretary reported "good progress" in his efforts to work out a new plan. He will decide today after an 11th shuttle to Damascus whether to make it a formal proposal.

Cabinet sources said that Kissinger got a provisional go-ahead from Israeli leaders Friday to his ideas for solving the dispute over thinning out forces along a cease-fire line. They said that if he further narrowed the gap with Syria, he would probably split the difference with the formal proposal on paper. Earlier, Israeli Defense Minister Moshe Dayan said on national television the government had not yet decided to accept any of the components of the proposed disengagement. "Only when we see the picture In its entirety will we be able to say that this is a good agreement or a bad one," he said. "And only then will the government decide whether to accept it.

At this stage we are still In the phase of clarifications." Kissinger met twice with Prime Minister Golda Meir, with a two-hour Israeli cabinet session in between. KISSINGER TOLD newsmen that "we had a very detailed examination of all aspects with our Israeli' colleagues and I believe we made good progress." In both Jerusalem and Damascus, Kissinger has proposed his own ideas to break the deadlock. But before making his plan formal, he Small Cars Canada will provide a 13 fuel economy Improvement over 1974 models. GM also Is known to be working on a mini-car, smaller than anything it now sells in the United States, based on the popular Che-vette it sells in Brazil. "These new cars with smaller engines will provide the most tangible affirmation of GM's desire and more important, its ability to deliver In quantity what the motoring public wants," Gerstenberg said.

MAMARONECK, N. Y. (AP) been there, and I've come back." Victor Solow was speaking of death. For 23 minutes after suffering a heart attack, Solow was dead. The 56-ycar-old producer of documentary films liked to boast that he had never been sick a day in his life.

Then at 10:52 a.m. on Saturday, March 23, he collapsed of a heart attack while driving his car. For the next 23 minutes, until 11:15 a.m. when his body was jolted by electric shocks at United Hospital, Solow had no AP Wirephoto a' measurable pulse, no heart activity, and no vital signs. In a tape-recorded story he calls his "Death and Resurrection," Solow has related in his own words his strange experience.

The story was published in a fourt-part series by the 10-member Westchester Rockland Newspapers group. "I was driving and had just stopped for a red light," he recalls. "Then calmly but with great surprise," picks up his wife, Lucy, "he turned to me and said, 'Oh, Lucy, I As swiftly as the expiration of a breath, he seemed to settle down In his seat with all his weight," she said. "I PULLED ON the emergency brake and turned off the ignition, incoherently talking and pleading with him to hang on, that he was going to be fine. He uttered not a sound." Mrs.

Solow sought help and Frank Colangelo telephoned police from a nearby gasoline station. An officer arrived quickly and began massaging Solow's heart, and this was continued after the arrival of an ambulance manned by five trained volunteers. It took Solow to United, where the staff had been alerted by radio to the emergency. "The patient was dead by available standards," Dr. Harold Roth recounted.

"In other words, there was no measurable pulse, no heart activity, he was not breathing and he appeared to have no vital signs whatever." Electric shock was begun, the first at 11:13 a.m. A second shock was administered, and at 11:15 a.m. Dr. Roth remembers: "At this time, examination revealed that the patient's pupils were constricted and narrow, indicating there was a possibility of Business 22 26 Horse Sense 7 Classified 36-56 JjJJ Columnists 5 pace, 33 Comics 27 Religion 6. 7 Crossword 6 Rest.

Guide 10. II DearAbby 18 Society 16 Deaths 36 Sports 29-34 Editorials 4 TV-Radio 35 Entertainment 20-22 Word Game 5 Graham 5 Young Horoscope 6 People 18, 19 Better Fuel Economy Promised GM To Introduce 5 New DETROIT (UPI) General Motors Corp. will offer five new small cars next year four sub-compacts and a "mini-caddy" along with the Wankel rotary engine as an option, GM Chairman Richard C. Gerstenberg announced Friday. Gerstenberg, presiding at his final shareholders meeting before retirement this fall, confirmed that the long-rumored small cars will be built.

He said it showed that the world's largest auto company was responding to the demand for small cars caused by the energy crisis. local and Area News Pages 12-14 Heach For SSS Afore families who read The Enquirer have annual incomes of $10,000 plus than readers of any other area daily newspaper. Doesn't it make good sense to use Enquirer Classified to sell quality goods? Just call 421-6300 tor the reach on Back From Dead Victor Solow, 56.