The Tennessean from Nashville, Tennessee • Page 2

THE TENNES5EAN, Tukiy, Ottobf 1981 Gdurt Sup Ag Trial on for Two reme rees 4 it0" in Be Denied! Oh When Bail Should 4. rules on ter how the court Immunity Issue. iu luimui muiiu NEW ORLEANS (UPI) Two men accused of bankrolling a bizarre plot to take over the tiny, Impoverished Caribbean island of Dominica went on trial yester-day in federal court. ment of 42 employees between the ages of 60 and 65 in 1971. The justices, without, comment, left intact, a decision requiring the Baltimore Ohio Railroad and its parent, the Chesapeake Ohio Railway to defend their actions.

The federal government sued the railroads in 1974, charging they had violated the Age Discrimination in Employment Act by retiring the 142 employees and by subsequently reducing the mandatory retirement age from 65 to 62. Parents', Rights The court agreed to decide whether parents whose children are taken away by the courts for neglect may challenge a court order terminating their parental rights by means of a federal habeas corpus petition. The U.S. Court of Appeals for the 3rd Circuit, in a long-running Pennsylvania case brought by a mother who lost cu-tody of three children due to incapacity," decided i A court spokesman said a jury of 11 women and one man was seated during the morning session, with opening arguments from prosecution and defense attorneys expected to take the re- mainder of the day. FEDERAL prosecutors said L.E.

Matthews an electrical be brought. Lehman vs. Lycom-1 LAYAWAYNOW 1 For CHRISTMAS Civil Rights The court agreed to decide whether a person can sue state officials under a key federal law, the Civil Rights Act of first trying to resolve the dispute through administrative procedures. The U.S. Court of Appeals for the 5th Circuit, in a case involving a charge! of race and sex discrimination against a state university in Florida, Imposed the so-called "administrative exhaustion" requirement.

The issue In the case, Patsy vs. Board of Regents, No. 80-1874, may appear somewhat technical and mysterious, but civil rights lawyer maintain that the exhaustion requirement substantially undermines the usefulness of the Civil Rights Act, also known as Section 1983, as a legal tool for vindicating constitutional rights. Voting Rights The court agreed to hear a voting rights case that could clarify the way in which plaintiffs must prove intentional discrimination to bring a successful challenge to a local governmental structure. Two years ago, in a case from Mobile, the court made such challenges more difficult to win, but that ruling commanded only a plurality and not a majority of the court Yesterday's case, Rogers vs.

By The New York Time WASHINGTON The Supreme Court agreed yesterday to decide whether the Constitution allows courts to deny bail on the basis of the crime a person is accused of committing. The case, concerning a provision of the Nebraska Constitution that prohibits bail for persons accused of violent sex crimes, involves issues similar to those raised by "preventive detention" of defendants before trial. It could produce one of the more significant criminal law decisions of the new Supreme Court term, which opened FEDERAL LAW provides that federal judges must set bail based only on the likelihood that the defendant will return for trial, regardless of the nature of the offense or the danger the defendant poses to the community while at large. 1 While the federal law has come under increasing criticism, Including, most recently, from President the Supreme Court has never precisely defined the extent to which the Constitution entitles defendants to pre-trial release on bail. The policy debate' has consequently taken place in something of a legal vacuum.

While the Nebraska case, Roth I LADIES v. y-jf- Diamond 7 coniractor rrom lorence, and James C. White, a businessman with ties to Texas and Louisiana, put up $57,000 for the aborted mission, Specifically, the two are charged with conspiracy to over-throw a friendly government. 1 Clusters 'Si lng County, No. 80-2177, Libel Suit The court Indicated it would further define which or once well-known people are to be regarded as "public figures" in libel cases by accepting an appeal by Victoria Price Street, the original accuser in the famous "Scottsborb boys" case of the 1930s.

The Scottsboro case involved a claim by Mrs. Street and another woman that they had been raped $ioo A A 'i by nine black men on a freight L.E. Matthews Jr. i Reportedly paid coup leader a rented boat on the 10-day, voyage. WHITE ALLEGEDLY supplied about $45,000 for the attempted takeover between Jan.

26, and April 26. If convicted, the two men could get up to eight years in 13,000 in fines. In exchange for their financial support, prosecutors said Matthews and White were promised shares in Nortic Enter prises a corporation that would have run the island's tour ism, gambling and forestry. KKK Imperial Wizard Don Black of Birmingham, and Joe Danny Hawkins of Jackson, were convicted on conspiracy charges. Another member of the makeshift force, Michael Norris of Northpoint, was acquitted.

The seven "other mercenaries struck a. deal, with the federal government and pleaded guilty to one of the charges in. exchange for their testimony against the three who went to trial. AID train, ine men were convicted, and the Supreme Court threw out the convictions in 1932. In 1976, NBC broadcast a made-for-television movie about the inci WILIARD1 dent, and Mrs.

Street sued the JEWELRY MART Attorneys said the trial would last three days. THE TWO men are charged with hiring 10 ragtag soldiers of fortune with ties to the Ku Klux Klan and a Canadian neo-Nazi group to assault Dominica by sea and oust Prime Minister Mary Eugenia Charles. Prosecutors said Matthews, who had been linked to the Klan in Mississippi, shelled out $12,800 in three, installments to coup leader Michael Perdue of Houston. t. The payments were made between Sept.

3, 1980, and the day before undercover agents arrested the mercenaries at a remote marina east of New Orleans. The 10 were preparing to embark in network for libel. Lodge, No. 80-2100, is an appeal Two lower federal courts dis vs. Hunt, No.

80-Z165, will not "Wril STAND ON OUR HEADS TO PUASr'r 259-9261 a by the commissioners of Burke missed her case on the ground decide whether there is an absolute constitutional right to bail, that as a "public figure," she was required and had failed to prove REVCO DISCOUNT the broadcast was deliber DRUG CENTER-, ately inaccurate. In her Supreme Court appeal, Street vs. NBC, No. it may well lead the court to set some limits on how the federal government and the states can approach the problem. i vuuui, via.

iiuiii a i uiuig uu the at-large method of electing the county commission violated the constitutional rights of black -voters. While 58 -of the residents of the small rura county are black, no black has been elected to the commission since Reconstruction. The US. Court of Appeals for the 5th Circuit, JU 8U-W35, she argued that whatever public, figure status she had in 1932 had dissipated by the THE EIGHTH Amendment to VASELINE the Constitution, best known for prohibiting "cruel and unusual HAIR TONIC S.SOZ. 1970s.

In' recent years, the court has narrowed the definition of public figures; ordinary private plaintiffs do not have to prove deliberate falsehoods to win libel also provides that jrag tor tne dmck pia nuns, han hM tint r. held that their circumstantial aUlred." Legal scholars disagree Proof of discrimination was ade- cases. EVERYDAY $2.25 DISCOUNT PRICE U.S Trained Salvadoran Soldiers Press Guerrill a wee Pennhurst Case The court refused Pennsylvania's request for a stay of several lower court 1 i orders involving the administra tion of the Pennhurst Center for the retarded, the subject of Su preme Court cases both last year and tn the new term. The U.S. District Court in Pennsylvania has imposed fines of $10,000 a day on the state for GROOM A CLEAN 4.5 02.

quate without the evidentiary equivalent of a "smoking gun." Nixon Suit The court refused to allow Morton Halpe-rln, a former national security aide whose home telephone was tapped during the Nixon administration, to participate in a case involving Nixon's immunity from suit that is scheduled for argument later this year. The case, Nixon vs. Fitzgerald, No. 79-1738, grew out of a suit against the former president by A. Ernest Fitzgerald, an Air Force employee who was fired for exposing cost overruns in the C5-A transport plane.

Halperin, who has a suit against Nixon pending in a lower court, argued that the justices should dismiss the Fitzgerald case because the two parties have agreed that the case would not go to trial no mat refusing to fund the office of the special masters whom the court appointed to oversee the facility, EVERYDAY DISCOUNT PRICE $2.29 It has also ordered the state to transfer hundreds of profoundly retarded residents to community facilities, rennnurst vs. Haider over whether that phrase means that bail must be allowed, or simply that once bail is determined to be appropriate it must be reasonable. Nebraska's constitutional amendment prohibiting bail for sex offenses was adopted by the state's voters iii 1978. It is the only provision of its kind in the country. The U.S.

Court of Appeals for the 8th Circuit struck it down on the grounds that the blanket denial of bail to an entire category of offenders violates the Eighth The state appealed to the Supreme Court, arguing that the amendment reflects "a societal desire to protect society from the repetition of these types of heinous THE JUSTICES also have been asked to decide the constitutionality of the District of Columbia's "preventive law, which permits denial of bail to defendants who are believed to be dangerous. The law was upheld by a local court earlier this year. The court's opening day was a busy one. A large presumably drawn by the chance to see the newest justice, Sandra Day O'Connor, the first woman man, No. A-196.

Retirement The Court refused to kill an age-discrimina police station for several hours Saturday night before returning to the mountains surrounding the capital, in the first major rebel incursion into San Salvador since March. Authorities at San Salvador's morgue reported another 23 non-combat political slayings over the weekend and said they had unconfirmed reports that three soldiers had been killed in separate firefights with guerrillas. CONSERVATIVE Archbishop Pedro Arnoldo Aparicio Quin-tanilla of the eastern province of San Vicente complained Sunday of a series of abuses by army militia, but accused foreign journalists of wrongly blaming the militia's abuses on the ruling junta. The archbishop, who last year proposed establishing a church run militia to protect Catholics from guerrillas, said the militia acted on its own and not on the orders of the Junta. Human rights groups have blamed hundreds of assassina- tion suit yesterday against two railroads for the forced retire By RAUL BELTHRAN SAN SALVADOR (UPI) Salr vadoran soldiers, equipped with American weapons and trained by Green Berets, pressed a "hammer and (anvil" offensive yesterday against suspected guerrilla strongholds near the northern border with Honduras.

Army officers In the northern province of Chalatenango said the sweep was mounted from the towns of La Laguna, El Carrizal and Ojo de Agua, forming a tri-, angle three miles from the Hon- duran border. THEY DECLINED to com- ment on casualties or the level of fighting, but said the offensive "was spearheaded by elite Atla-' catl Brigade commandos trained i by U.S, advisers and armed with American weapons. The officers said some of the were driving toward the heart of the triangle while others held blocking positions a clas- sic anti-guerrilla maneuver, known as a "hammer and anvil" operation, often used in Viet-. nam. Northern Chalatenango prov-' ince has been a traditional 6tronghold of guerrillas fighting to topple the ruling junta in a civil war that has claimed an estimated 24,000 lives since Jan.

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