The Tennessean from Nashville, Tennessee • Page 2

1' TtSSfSitAN. i i I 4. I fc Assault Stokely Won Post Bond To High Court NEGROES IX the house had exchanged shots with city, county and state law enforcement officers during the night after Carmichael's arrest. Other shots came from a nearby wooded area, police said. Three law enforcement officers were hurt slightly in the gun battle.

Shotgun pellets struck three patrol cars. In Atlanta, Brown called upon Negro soldiers in Vietnam to "come home to the defense of their mothers and families." HE SAID there had been reDorts Carmichael's life was- in uaiiuer anu saiu oiyi iff is i pTr- I the Prattville inririent "is A It h) I'- nart nf Ampripn'e fipstann AP Wirephoto Bayonets Moke Their Point in Tampa sons. Gov. Claude Kirk appeared on television as the troops moved into the Negro area and urged Tampans to "stay at home and go to bed." TAMPA, Fla. National Guardsmen with fixed bayonets move into Tampa's Central Avenue district just before sundown.

Orders were to disperse groups of more than three per- (Continued From Page One) in the courthouse, where he was escorted from the jail by four state troopers and two National Guardsmen. An attorney said Carmi-chacl would remain in jail until bond is granted 10 Negroes arrested on charges of inciting to riot. IX ATLANTA, SNCe Chairman Rap Brown said he considered it appropriate that Alabama has been chosen as "the starting battleground" for what he called "America's race war." Brown said he feared for Carmichael's life, but he declined to say whether he planned to come to Prattville. This Autauga County seat, about 14 miles northeast of Montgomery, was quiet yesterday. But National Guardsmen, rushed in with orders to shoot to kill if necessary, continued to patrol its streets in company with helmeted state troopers.

A HEARING for the 10, arrested after police and National Guardsmen stormed a concrete-block house in which about 30 Negroes were barricaded, is scheduled today. However. County Solicitor Edward Drinkard indicated more serious charges than inciting to riot may be forthcoming in his request for 'a one-day delay to permit further investigation. He did not elaborate. Sheriff Phillip Wood said most of those arrested at the house have out-of-town addresses and "many said they were with SNCC." The sheriff declined to identify the arrested men.

$10 for your ceil ipringi en th purchoM of now Box Springi. 1 DAY SERVICE Renovili your eld inneuprinf mitlresi High Court Upholds Conviction of King ma iu uesuuy ohias as vnrii- vmn as to commit genocide black people." Brown said SNCC is "calI- ing for full retaliations from; the black community across America." Maj. Gen. Alfred Harrison, Alabama's adjutant general, took personal command of the guardsmen at Prattville. He said about half the force of 150 would remain deployed at least through last night.

POLICE Chief Obie Thompson said Carmichael threatened to kill one policeman told officers he would "tear up this town," THE PEN SHAVER SHOP 413 Church St. (Next to Crescent Theatre) REPAIRS and SALES PENS ir LIGHTERS ELECTRIC SHAVERS BOTTOM EASY TERMS It WASHINGTON' Rl WAY WASHINGTON The I S. Supremo Court agreed uMer-day lo consider whether N.tsh-Vil'e's Archie Nathaniel Bifi-pcrs had his rights violated by police station identification procedures. Riggers uas convicted of rape and sentenced to 20 years. The court ordered the ease placed on the summary calendar, which means each side pets 30 minutes to present its case when it is heard next fall.

The court also granted a motion asking permission to proceed in "forma pauperis," meaning that papers may be Lied free. RIGGERS was arrested early Aug. 17, 1965, in connection with a rape. His case was never brought to trial. He was 16 years old at the time.

Later that day, Mrs. Margaret Beamer, who had been raped Jan. 22, 1965, was brought to the police station and when Biggcrs repeated the words "Shut up, or I'll Suit Attacking Juries Moved A suit alleging a systematic exclusion of Negroes from Davidson County grand juries was removed yesterday from Davidson Criminal court to federal district court. The suit, filed by attorney George E. Barrett, also attacks the constitutionality of the 1947 private act providing for selection of grand juries iji Davidson County.

The petition was filed for tlf I I nmilu Powell. IT ALLEGES that the two were indicted Dec. 5, 1966; that on Jan. 13, 1967, they filed a pica asking that the indictment be abated on grounds that the 1947 act is unconstitutional and that the method used for selecting the grand jury is "calculated to result in the systematic exclusion of a cohesive group from service on the grand Jury." The petition stated that Criminal Court Judges Raymond Leathers and John Draper on March 15 denied the abatement plea on the basis that "we think that such a purposeful discrimination made solely on race is lacking in this case." BARRETT STATED that even though the circumstances have not "resulted directly ra a discriminatory legislative enactment, the fact that only seven Negroes have served on the Davidson County grand jury in the preceding 10 year period provides basis for a prediction that petitioner will be denied the specified federal rights by being subjected to trial in the state court." with i FOAM TOP Si A 50 FOAM TOP PHONE 256-1606 SHEARON UPHOLSTERING CO. 1421 2nd ase kill vou" she identified him as the man who raped her.

The NAACP Legal Defense and Educational Fund, Inc. LPH said Riggers was compelled by police to repeat the words of the rapist. The LDF said police failed to give Diggers the benefit of counsel, or provide him with a lineup or any other means to assure an "objective, impartial identification of his voice." The LDP' said this violated Riggers' right against self-incrimination (Fifth Amendment), his right to counsel (Sixth Amendment), and due process of the 14th Amendment. THE LDF SAID neither Mrs. Beamer nor her daughter, who had run into the hallway where Mrs.

Beamer was assaulted before being instructed to return to the bedroom, could describe or identify the rapist after the rape occurred and that the case was dormant until Biggers' arrest. "From the sound of those few words spoken eight months earlier during events which lasted 15 to 30 minutes at most from the time Mrs. Beamer left the house until her return she identified him as the man who had raped her," the LDF said. Biggcrs had not been warned of his right to have an attorney or of his right to remain silent, the LDF said, adding that a lineup was generally regarded as essential to proving "a mode of comparison" and that failure to provide this was "inexcusable." The state of Tennessee said, however, that officer Thomas Cathey of the Metro Police Department testified Biggers was taken to juvenile court after his arrest, that his mother came, and that in her presence he was advised of his constitutional rights. ON THE self-incrimination issue, the state said: "When an accused is required to speak certain words solely for the purpose of iden- tification of his voice, there is no violation of the fifth amendment privilege.

The mere inusculariza-tion of the vocal cords for the purpose of identification is different from eliciting from the accused his awareness of facts concerning the crime." On the providing of counsel, the slate said that at the time of the identification no criminal proceedings had been started. The state said: "THE TLAIN truth is that (Biggcrs) had been arrested on a separate charge and as a matter of general inquiry (Mrs. Beamer) was called to see whether or not she could identify him. "THIS IS not a situation in which an investigation had focused upon an accused held in police headquarters and is, therefore, not within the realm of Escobedo vs. Illinois or Miranda vs.

Arizona." Both the Escobedo and Miranda cases involve the rights of the accused. Biggers pleaded innocent at his trial. He was convicted and sentenced to 20 years in a state reformatory. The convictions was affirmed last January by the Tennessee Supreme Court. by MAC and the Nashville Bar Association for the past year, the legal aid proposal has never been submitted for federal funding.

MAC also voted final approval last night of a proposal for a $331,250 Neighborhood Service Center program, a proposed $455,019 Head Start 11 program, and a $178,790 expansion of the Neighborhood Youth Corps program. After the proposals had been approved, Lester Robb. a commission member, told the meeting: "We have increased MAC'S operating administrative budget by over $200,000 tonight. What we have done is add a tremendous overhead. I'd like to see money going into direct services for the poor." ACCORDING TO Williams and MAC Executive Director Bill Davis," the Neighborhood Youth Corps expansion will take advantage of newly available federal money which will increase Nashville's NYC enrollment from 640 to 920.

The two staff officials pointed out that Head Start's administrative cost is being "shaved to $30,000" al the same time that program is being expanded from 240 to 370 children. The commission voted authorization for Paschall Davis ly that he "led a charge of students against federal on the Oxford campus. The marshals were at the university to enforce an order by the U.S. Circuit Court in New Orleans that James Meredith, a Negro, be admitted. Riots occasioned by Meredith's admission swept the campus the night of Sept.

30. Harlan, joined by three other justices, said the AP's report of Walker's activities "was news which required immediate dissemination." Negro. Unrest Hits Cincinnati CINCINNATI (AP)- Police blocked off a predominantly Negro area of Cincinnati early today after an outbreak of disturbances that they said included the tossing of one Mol-olov cocktail. Three white men, including two Cincinnati Enquirer reporters, were attacked by Negroes but not injured seriously, police said. About 100 police cars were sent to the area, Avondale, about four miles from downtown.

The Molotov cocktail did little damage. Police said some store windows were broken and attempts had been made to loot a liquor store. Also, they said rocks were thrown at some cars and several false alarms were turned in. Fire Chief Bert Lugananni said at least three fires were reported in the area. Capt.

Thomas Dixon, night police chief, said he had been unable to determine the cause of the disturbances. Health Dept. Aide To Attend Conference Tom Hunter, educational di- rector of the family planning di- vision of the Metro Health De- partment, will attend a family planning conference in Chatta- nooga Thursday. other experts from Georgia, South Carolina and other states will participate in the all-day conference, sponsored by U.S. Department of Health, Edu- cation and Welfare's regional office in Atlanta.

Good Looks'' Cream for Whole Family Riot Area Mobs in Tampa Out of Control (Continued From Page One) hundreds of National Guardsmen, 50 Pinellas County sheriff's deputies with bayonets mounted on their shotguns and a group of armed state liquor agents trying to quell the riots, trouble continued to spark. The sheriff's office issued pistols to janitors at the County Jail near the riot area. Police were photographing suspects where they were seized for later identification in court. There were no estimates of the number of persons arrested. AT ONE point 100 Negro youths moved on tfie bus barns of the city transit company, threatening to burn them to the ground.

But police headed off that move. Sniper fire was reported at many points. Along Nebraska Avenue, a main highway through town, stores were being looted, police said. One officer radioed, "It seems like every, window on both sides of the street is out." The fire bombs called Molo-tov cocktails were tossed on Interstate Highway 4 as cars sped by at 70 miles an hour. THE AREA of last night's main trouble, 22nd Street and Lake Avenue, is a cluster of low-rent housing projects called Ponce de Leon and College Hills homes.

They are cement block two-story structures where whole families live in two or three rooms. "All the reserves we had were sent to Lake and 22nd," the police dispatcher radioed wearily. "We have 400 people mobbed there and it's uncontrollable. We have no one to send." Gov. Kirk was in the original riot area, supervising the troops he mobilized.

But Sheriff Malcolm Beard was assigned by Kirk to call the shots for police and troops. KIRK WENT on television to plead with Tampans to slav home under a voluntary curfew, During the day police cars were stoned and snipers fired at passing taxis, It was the second night of rioting which already had sent at least 15 Dersons to hosDi- tals. A deputy sheriff suffered a fatal heart attack Sunday night during a gun battle with rioters. Most all Washable IN ONE INTO ONE A "good looks" cream for family skin problems 1 Called Esoterica, Invisible fast acting, because it carries medication under the skin where these problems start. So effective, Esoterica is now featured by leading stores everywhere.

Satisfactory results or money back if your problem is listed below: ginia law rests solely upon distinctions drawn according to race. He added: "The statutes proscribe generally accepted conduct if engaged in by members of different races." CITING EARLIER decisions in racial cases, but not involving interracial a r-riage, Warren said the Supreme Court consistently has repudiated distinctions between citizens solely because of their ancestry as being odious to a free people whose institutions are founded upon the doctrine of equality. "The freedom lo marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness of free man," Warren declared. The Virginia case involved Richard P. Loving, a 33-year-old white construction worker, and his part-Negro, part-Indian wife, Mildred, 27.

Warren said they were deprived by law "of liberty without due process of law in violation of the due process clause of the 14th Amendment" to the U.S. constitution. "TO DENY this fundamental freedom on so unsupportable a basis as racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the 14th Amendment, is surely to deprive all the state's citizens of liberty without due process of law," Warren said. "The 14th Amendment requires the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution the freedom to marry or hot marry a person of another race resides with the individual and cannot be infringed by the state." Walker Decision' In the Walker libel ruling, the court said there was no evidence of personal preju- incompetency or malice in the way AP reported Wal- ker's activities at the Univer- sity of Mississippi campus at Oxford in 1962.

All nine justices agreed that the judgment could not stand, Additional five agreed that libel standards are the same for "public figures" and "public officials." The effect is to give the press broader freedom to report the activities of public figures involved in events that make AND THE fact that all nine justices voted to reverse the judgment won by Walker in a Texas state court in 1964 strongly indicates that none of the 14 other actions insti tuted by the former general against the AP and various newspapers, would stand up if they ever reached the high court. Walker has sought damages aggregating $33,250,000, claiming that AP had reported false- Trie Nashville'Tennessean Publlshtd every morning at Eleventh and Broadwev, Nashville, Tennessee. by Ttnnessean Newspapers Inc. Second-class mall 'privileges authorized at Nashville, Tennessee 37205, The Associated Press is exclusively entitled to use for republication of all news dispatches credited to it or not otherwise credited In this paper end also the local news published herein. Rights of the Publication of all other matter herein are also reserved.

SUBSCRIPTION RATES BY CRIER! Morning enly, per week 40c Morning enly, per month Morning and Sunday, per week 0c Morning and iunday, per month tl tt Sunday anlv. nr mmIt vtr Sunday only, per month soc The Tnnesan will not be responsible for advance payments made fo carriers, BY MAIL WITHIN APPROXIMATELY 125 MILES OF NASHVILLE. Morning only, one year )I4 CD Morning, only, six months 7.00 Morning only, three months 3.50 Morning end Sunday, one year J5.25 Morning and Sundays, six months 13 5 Morning and Sunday, three months 40 (Mall Subscribers not accepted from towns served by carrier talesmen.) (Continued From Page One) other state since the contempt charge is a misdemeanor. In the decision, Justice Potter Stewart said a legal precedence put King and the others on notice that they could not bypass orderly judicial review of an injunction before disobeying it. "THE RULE of law that Alabama followed in this case reflects a belief that in the fair administration of justice no man can be judge in his own case, however exalted his station, however righteous his motives and irrespective of his race, color, politics or religion," Stewart said.

The demonstration marches in which King and the other defendants took part were held on Good Friday and Easter Sunday in defiance of a state court injunction. Attorneys for the Justice Department and for the civil rights leaders contended the parading without a permit was void because it restricted constitutional rights lo free speech and assembly. The dissenters were Warren and Justices William J. Brennan, William 0. Douglas and Abe Forlas.

"The court today lets loose a devastating destructive weapon for infringement for freedoms jealously safeguarded not so much for the benefit of any given group or any given persuasion as for the benefit of all of Brennan wrote in his opinion; Mixed Marriages-While the order on racially mixed marriages specifically applied to Virginia antimis- cegenation law, the opinion was so sweeping as to make it clear that similar statutes of 15 other slates could not stand under legal attack. Speaking for a unanimous court, Warren said the Vir to appoint a special nine-man committee of commissioners to work with the MAC staff on the summer youth program. Williams assured the commissioners that the proposal they approved "says absolutely nothing as to what agencies will do what" in the crash program. THE SUMMER proposal lists several "proposals cur-rently under consideration andor already submitted." These include programs proposed by'Edgehill Methodist Church St. Anselm's Chapel, an Episcopal church serving the Fisk and Tennessee State university area; the Southeast Nashville Commu-' nity Association (SENCA); and the Metro Park Board, among other agencies.

Williams emphasized that approval of the proposal would "lock in" federal funds, but would not delegate any money yet to these or other agencies. 'Other agencies desiring to contract parts of the summnr program "can still get proposals to us this week," he explained. The commissioners olecrd Marion Buchanan and Mrs. Eunice Schade. two commissioners recently elected as "representatives of the poor," to serve as MAC's executive committee.

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414 Deaderick St. 256-3435 By ROB ELDER More than $1.6 million in poverty war proposals eluding a half-million dollar "long hot summer" program were approved last night by the Metro Action Commission. The proposals will be taken today to Atlanta, where they must be reviewed by the federal Office of Economic Opportunity, which provides most of the money. LAST NIGHT'S meeting was called specifically to approve what MAC Deputy Director Nat Williams described as a "proposal of intent" for a $543,771 crash summer program aimed at the city's youth. Most of the funds would come from money appropriated by Congress for immediate use in cities which have experienced or anticipate civil rights disturbances.

"This is the long hot summer money," MAC Chairman J. Paschall Davis remarked at one point. Nashville, Memphis, Birmingham, Atlanta, Miami and Jackson, are the Southeastern cities to which the special funds have been made available. THE OTHER new proposal approved at last night's MAC meeting calls for a $178,401 program of legal aid for the poor. Although under discussion Blackheads ALL TO GROUP ALL BILLS is SMALL MONTHLY PAYMENT Easy to get-Easy to Repay UP TO $5,000 Call for BOB ADKISON 242-4216 OPEN FRI.

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