The Courier-Journal from Louisville, Kentucky • Page 1

0 I Fi 1 A. A. j. A. 1 J1MES 1 li INDIANA EDITION VOL.

237, NO. 176 LOUISVILLE, SUNDAY MORNING, DECEMBER 23, 1973 Copyright, 1973, The Courier-Journal ft Timet 'Windfall profits' clause blamed Congress adjourns without passing emergency energy action legislation The Federal Energy Office agrees to reduce the diversion of military jet fuel to civilian airlines, Page A 2. every day without it means the waste of 1 billion barrels of oil. Simon said the President, however, believes rationing should be instituted only as a last resort if fuel-saving measures fail to hold down consumption. Simon said he will make his recommendation on rationing to the President next week and hopes Mr.

Nixon will make his decision before Jan. 1. Even if Mr. Nixon does decide to impose rationing, it will take two months at least until March 1 to get it started. In that time, Simon said, Congress can pass the needed legislation, Adjournment without final passage of the bill appeared likely to spark a round of political disputes and name-calling over who killed the measure.

Jackson, chief sponsor of the original See CONGRESS Back page, col. 1, this section operation" to obtain prompt passage of an energy measure early next year. The director of the Federal Energy Office, William E. Simon, said yesterday he can continue to curb the use of fuel in America despite Congress' inability to pass legislation giving the President emergency powers to deal with the crisis. Simon said Americans have been cooperating so well with the voluntary restrictions on gasoline use that he needs only the emergency powers to force "a very distinct minority" into line.

"I can do the same job without this legislation," Simon said. "There are parts of that legislation that would have been a catastrophe. They would have really tied my hands behind my back as far as my ability to function," Simon said. Sen. Henry M.

Jackson, the Senate's leading expert on energy, had said rationing is needed immediately and MX0xfif'XxW I 1'. or-Xz t--'v fX'' Israel and Egypt to discuss Suez troop pullback From A. Times-Washington Post Service and New York Times Dispatches WASHINGTON Congress, unable to break its deadlock over the energy bill after a week of conflict, put it aside until next session and went home for the year yesterday. The House went out at 2:02 p.m. (EST), the Senate at 2:54.

They will return Jan. 21 for the second session of the 93rd Congress unless congressional leaders or the President summons them back into session to meet some crisis situation. The bill authorized gasoline rationing, postponed implementation of tougher auto pollution standards, gave Congress veto power over nationwide energy conservation plans set up by the President and required action to bar "windfall profits" by oil companies, beginning in 1975. The bill became permanently deadlocked after a bloc of oil-state senators teamed with the White House in a filibus- Christmas LL Santa from above A SANTA collecting funds for the Volunteers of America made his appeal to hurrying passersby on Louisville's River City Mall. 25 CENTS Staff Photo By Michael Coers who examined her in Chicago in October gives her a 90 per cent chance to live a normal life.

But back in October Dr. Suruga's assurances were not enough to convince Leona Shea that her baby was going to live. She had been through too much, although she had a mountain of confidence in the little surgeon who developed the operation for the ailment (biliary atresia) that threatened to kill Beth Ann. "There were four other babies in Chicago who had undergone the same operation by Dr. Suruga," recalled Mrs.

Shea, "but he kept coming back to Beth Ann and happily saying, 'Look at Shea "He obviously was delighted by her progress and by the fact that she didn't look like a pumpkin anymore. But somehow I couldn't rid myself of my doubts until about a month ago when I decided I was going to enjoy my baby invite all the doctors to her wedding some day." It's not surprising that Mrs. Shea who describes herself as "being 37 and too old to have a baby and too young to have grandchildren" had doubts. After all, Dr. Suruga was in the pioneer stage of his operating technique and most American doctors didn't even know there was an operation for biliary Bui Leona Shea is a tough woman.

She proved it by packing up and taking Beth See HOPES Back page, col. 1, this section warmer and tomorrow ranging from the mid 40s to the low 60s, low tonight in the 30s to mid 40s. INDIANA Increasingly warm and cloudy with a chance of rain tomorrow; highs today and tomorrow in the 30s and 40s, low tonight in the upper 20s to mid 30s. High yesterday, 32; low, 13. Year ago yesterday: High 42; low 39.

Sun: Rises, sets, 5:27. Moon: Rises, 7:11 a.m.; sets, 4:47 p.m. Weather map and details, Page 6. 130 PAGES Aft er rare surgery Beth Ann Shea's hopes appear to be brighter ter to force deletion of the windfall-profit section, only to have the House angrily reject the revision. There was speculation that the President might call Congress back into session to seek a new bill.

However, Mr. Nixon issued a conciliatory statement yesterday afternoon from Camp David, saying he regretted the failure of Congress to act on the energy legislation but that he understood the difficulty in reaching agreement on complex legislation in the last days of a session. Mr. Nixon pledged to "get on with the job even without having the legislation in place" and said he hoped to work with Congress "in a spirit of constructive co Staff Photo by Fr.mk Kimmel shoppers trial? in Rabat and said the five men will be tried by a PLO court. If the Moroccan government's report is true, the Kuwait action would be unprecedented in the bloody history of hijackings and terrorist operations by extremist Palestinian groups opposed to the PLO's official policy.

Moroccan officials said if all Arab governments systematically handed over Palestinian terrorists to the PLO for trial, such acts would decline because those responsible would no longer have hope of asylum. It was not clear where or when the men would be tried. Italy has demanded their extradition to stand trial for the Rome killings. Two Moroccan state ministers and two other high Moroccan officials were among the 31 persons killed there Monday. dent who edits a film magazine, a retired high school health science teacher, a regi-mentally neat young lawyer and a mon-signor of the Roman Catholic Church.

On this rainy Tuesday afternoon they are discussing some of the Hydra-like legal ramifications of obscenity, a feature of the social landscape that the Supreme Court, in a series of opinions since 1957, has said is not protected by First Amind-ment guarantees of free speech and free press. The wide-angle display of flesh in movies, books and magazines is not a new phenomenon, either in Louisville or elsewhere. The new phenomenon is the commis- officially, the Jefferson Countv TRAFFIC was heavy on Shelbyville Road east of Louisville in mid-afternoon yesterday, and much of seemed headed for stores and shopping centers. The picture was taken from the Watterson Expressway overpass, looking northwest. had nothing to do with the Kilometer 101 talks.

Lending weight to the impression that the matter was still unresolved were news conference remarks last evening by -Egyptian spokesman Tahseen Bashir. Despite this procedural difficulty, Kissinger in an airport statement before flying back to Washington said, "We have completed the first stage of the conference and we have achieved substantially what we came here to do. "We have settled procedural and organizational questions," he added, "and next week we expect disengagement talks between Israel and Egypt to start." Soon after the formal morning session Kissinger was described as "very happy indeed" at its "very cordial" atmosphere. Gromyko and Eban again shook hands in a followup to their first meeting since 1966, which took place Friday night and may lead to resumption of diplomatic relations. Moscow broke relations with Israel after the 1967 Arab-Israeli war.

Eban, expressing "cautious optimism," said the conference so far had "fulfilled its expectations." Other Israeli and Egyptian officials used the same language "the ice has been broken" to characterize their first face-to-face encounter at foreign minister level in a quarter century of conflict. The communique, fruit of hours of corridor negotiations by all foreign ministers present, said: "After both formal and informal deliberations the conference reached a consensus to continue its work through the See ISRAEL Back page, col. 4, this section Elscwhe re Spain names 6 suspects Spanish security police named six members of the Basque guerrilla movement they are seeking in the assassination of Premier Luis Car-rero Blanco Page A 8. Graham on Nixon Billy Graham says President Nixon has made mistakes in connection with Watergate and ought to admit them Page A 3. BusinessReal Estate Section Classified 10 Deaths Ind.

2, 2 Lively Arts Section Opinion Page 2 Outlook-Environment Sports Section Today's Living Section ning public hearings, the first of which By JOHN FLYNN Courier-Journal Times Staff Writer MEMPHIS, Ind. A month or so ago Beth Ann Shea's mother discarded all doubts that Beth Ann was going to live and jokingly predicted she would some day invite the second guessers including a lot of doctors to her daughter's wedding. Beth Ann is growing and doing well, and has a stocking with her name on it hanging on the family's mantel. She will be 8 months old Christmas Day. She weighs 15 pounds, 4 ounces and, like the average 8-month-old, gets into everything.

But there is nothing average about brown-eyed Beth Ann Shea, who was given six months to live after doctors "discovered that her liver bile ducts were not functioning. It has been a little more than six months since Leona Shea and her daughter went to Tokyo, where Japanese surgeon Keijiro Furuga used a piece of Beth Ann's intestine to make her a new bile duct in an operation perfected by Suruga and his assistants. Signs of her life-and-death struggle remain, of course. Her complexion still is yellowish and the whites of her eyes are discolored from jaundice caused by the backed-up liver bile. And a stark scar circles her belly, which still is a little bloated from her liver and bile problems.

Her prognosis, however, has been good since she recovered from a post-operative pneumonia attack. Now, Dr. Suruga Yule be Furnished by the National Weather Service IOUISVILLE area Partly cloudy with rising temperatures today through tomorrow with a chance of showers tomorrow; high today in the upper 40s and tomorrow in the mid iOs, low tonight in the 30s. KENTUCKY Rising temperatures through tomorrow and cloudy with a chance of showers tomorrow; highs today and tomorrow ranging from the mid to upper 40s to the 50s, low tonight in the 30s. TENNESSEE Fair and warmer through tonight with increasing cloudiness tomorrow; high today For a Palestinian By JONATHAN C.

RANDAL and MARILYN BERGER L.A. Times-Washington Post Service GENEVA At U.S.-Soviet behest, Egypt and Israel yesterday agreed to discuss disentangling their troops along the Suez Canal "forthwith" as the top priority in getting substantive Middle East peace talks going in Geneva next month. But Soviet Foreign Minister Andrei A. Gromyko injected last-minute controversy into the day's apparently otherwise smooth proceedings. He was said to be insisting that both the Soviet Union and the United States as cochairman of the peace conference be entitled to sit on a special military "working group" set up to separate Israeli and Egyptian forces on the Suez Canal's east and west banks.

Israeli Foreign Minister Abba Eban told an afternoon news conference he shared Secretary of State Henry A. Kissinger's views that the disengagement negotiations which could start as early as Wednesday should be limited to Egyptian and Israeli participants under United Nations auspices. That was the formula for the previous disengagement talks at Kilometer 101 on the Cairo-Suez road that Egypt broke off Nov. 29 to protest alleged Israeli stalling. Indeed, shorn of often near euphoric rhetoric, the two-day inaugural session's only solid accomplishment was transfer-ing the disengagement talks to Geneva pending Israel's Dec.

31 elections and formation of a new government. The Soviets apparently were arguing that the new working group formally announced by U.N. Secretary-General Kurt Waldheim in a 15-minute meeting yesterday morning was a new body and The body of an additional victim was dumped out of a hijacked German jetliner in Athens before the commandos released their 12 hostages and surrendered at Kuwait airport Tuesday. Hassan, outraged by the attack, called on his fellow Arab monarch, Emir Sabah el-Sabah of Kuwait, to show "neither pity nor mercy" in dealing with the terrorists. Hassan and Sabah remained in daily contact while Kuwait authorities interrogated the terrorists to determine whether they were really Palestinians.

A Palestinian delegation led by Abou Moatassim, one of the top guerrilla commanders, arrived in Rabat early yesterday to present the PLO's condolences to See 5 TERRORISTS Back page, col. 4, this section Commission on Community Standards Re lated to Obscenity. It is apparently the first and so far only attempt being made by a publicly appointed group anywhere in the nation to determine the local "contemporary community standards" that the Supreme Court said last June should be applied in deciding obscenity cases. County Judge Todd Hollenbach established the commission the following week, asking it to find out what the "contemporary community standards" are within the borders of Jefferson County. The judge also said that his reading at least additional local laws incorporating those standards were all but mandated by the Supreme Court ruling.

To do its job, the commission is plan 5 killers reported given to Arabs Associated Press RABAT, Morocco Kuwait handed over to Yasir Arafat's guerrilla group the five Arab terrorists reponsible for the Rome airport massacre, the Moroccan government said yesterday. The government said Kuwaiti officials told Morocco's King Hassan II they had assurances the men will be tried and punished by a Palestinian military tribunal under the aegis of Arafat's Palestine Liberation Organization (PLO). But there were conflicting reports within the PLO on the disposition of the five terrorists. A PLO spokesman in Kuwait denied that the five had been turned over to the guerrillas. He said the chief guerrilla organization in the Mideast had not even asked for jurisdiction in the case.

But a top commander for the PLO was New panel seeks to find facts in gray 11T a Tv fti'i-m a area of obscenity By HOWARD FINEMAN Courier-Journal Staff Writer On the movie theater screen a secretary and her boss are experimenting with ome unusually gymnastic ways of taking dictation. They are extremely naked and extremely interested in each other, physically, and they appear to be extremely interesting to the persons who have paid $4 to sit in the dark theater and watch them perform. Meanwhile, two blocks up Fourth Street, the obscenity commissioners are seated at a conference table in the elegant board room of the Louisville Free Public Library. Among them a bearded divinity stu commission report relying heavily on its survey efforts could be used as "expert testimony" on community standards, often a crucial feature of obscenity trials prior to the most recent Supreme Court ruling on the matter. But there may be a variety of other roles for the commission and uses for its findings, according to a number of law professors, attorneys, judges and other observers of this complex field.

The commission's work, they say, may end up as advice to judges issuing warrants or instructing juries; as guidelines for police making arrests; as ammunition for appeals of obscenity cases to higher courts; as recommendations for new court procedures and licensing laws; even as a marketing guide for the peopfe who sell sex magazines or show X-rated movies. Each of these suggested uses comes complete with its own legal pros and cons. Whether any of them is ever implemented, the persons who suggest them say, may depend more upon the attitudes of prosecutors, judges and policemen than upon the wording of any court decision or commission guideline. A check of several national organizations shows that the commission is apparently the only one of its kind in the nation. The organizations are The National League of Cities, The National As sociation of Counties, The National In See NEW Page 14, col.

1, thjp section may be held next month; a solicitation of scholarly statements; a fact-finding study of the pornography trade here and a public opinion survey that probably will include a novel attempt to ask specific questions about what things people consider to be obscene. But whether the discussions that take place in the library will have any bearing on what happens in the movie theaters not very far away is a question without an answer now. The delicate job of accurately polling a community on obscenity, for example, is viewed with caution by professional pollsters and with outright skepticism by some legal experts. There seems little likelihood thaJa 1.