Arizona Republic from Phoenix, Arizona • Page 1

Phoenix weather Partly cloudy and windy with chance of a few showers or thundershowers. High 95-100, low 65-69. Yesterday's high 100, low 80. Details, page 19. 82nd Year, No.

123 i The Akizoma Today's chuckle No lady is ever fat. She's just short for her weight. Telephone: 2714000 Phoenix, Arizona, Saturday, September 18, 1971 (Four Sections, 92 rages) 10 cents jpt missile downs' republic Eg I J' '1 Israeli cargo plane Justice Black steps down Trn "lt il i 'Yr V(A RMiiblk (Oslo by KMlM Associate Supreme Court is in a hospital with what officials called "a backache." He is 72. Despite Nixon's two unsuccessful efforts to get Senate confirmation of southerners, PofPs name was put forward by congressional colleagues as a southerner who would have no trouble getting confirmed. A conservative from Radford, Poff is serving his 10th term in the House.

The White House announcement said Nixon accepted Black's decision to step down "with deep regret." Black had been a member of the KOOL president Tom Cliauncey looks at station' marquee KOOL-TV takeover try abandoned by challengers 47 VA 'I XT Justice Hugo L. Black Supreme Court since Aug. 12, 1937, and was third in longevity in the court's history. When he was chosen by Roosevelt for the court, Black was a New Deal senator from Alabama. The nomination created a furor when it was disclosed that Black had been a Ku Klux Klan member.

But Black said the association had long been severed, and he established himself as one of the court's civil libertarians. Zicgler said it was "difficult to Continued on Page 8 rifle over his head during an interrogation. The defense had asked for dismissal of all charges against Medina. Howard's action left the jury to begin deliberating next week the charge of premeditated murder, involuntary manslaughter in the deaths of the 100 and assault. Howard said he would instruct the jury that if Medina is found guilty of wrongdoing in the deaths of the 100, the jury may convict him of negligible homicide, which carries a one-year sentence.

Involuntary manslaughter carries a maximum penalty of three years. Since the government is prosecuting the case on a noncapital basis, the max-iumum Medina could receive if convict cd of the premeditated murder of the woman would be life imprisonment. F. Lee Bailey, Medina's chief counsel, Continued on Page 4 1 vfaedina's charge in 100 deaths cu t0 mvomntary manslaughter Sinai incident Dayan says Associated Press Egypt shot down a slow speed Israeli transport plane over the Israeli-held Sinai Desert yesterday in an incident assailed by Israeli Defense Minister Moshe Dayan as "blatantly belligerent and provocative." The Israelis said the four-engined American-built Stratocruiser, a propeller-powered remnant of World War II, had been brought down by a Soviet-made antiaircraft missile 15 miles east of the Suez Canal cease-fire line. The military command said seven crew members were missing and one parachuted to safety.

Israeli military sources said several projectiles, apparently of the SA2 class, were fired at the plane from a site known to the Israelis but into which missiles had been moved only recently. These missiles have a range of 23 miles, the sources added. The rescued crew member reportedly said he had heard a loud explosion followed by the captain's order to bail out. Israel broadcasting said Egyptian troops on the canal's west bank were seen from the Israeli-held east bank hustling to don helmets and taking up battle stations in a state of alert. It said Israeli "forces are in a state of readiness muiuiuiig uie genera aiiuauuu.

jyi The official Egyptian Middle East News Agency admitted the downed plane was a transport after earlier Cairo broadcasts had identified the craft as an Israeli Phantom jet. The agency said the plane waviscd by the Israeli air force "in tL pport and heavy airdrops and had bet. inodi-f ied for use in aerial reconnaissance and electronic jamming as well as midair fueling." Dayan called the downing of the plane "more than a grave violation." Dayan, speaking on television, was asked if Israel would retaliate. He answered: 'First, this requires Israeli thinking. At the end of all thinking comes the decision." Dayan said the incident had been "planned and initiated by the Egyptians" who knew that Israeli transports fly in the area from time to time.

"This is a time of cease-fire and it is no trick to hit a plane," he added. "I view it gravely and that is a restrained expression." The loss brings to 17 the number of aircraft the Israelis say they have lost to the Egyptians along the canal front since the 1967 war. But it was the first reported loss since the cease-fire was initiated in August 1970. It was the first time a Stratocruiser was announced to have been shot down. News of the shooting jolted Israelis Continued on Page 2 Nelson also guesses that university faculty members will find themselves in the same boat with other teachers.

But he said he expects the university problem will be submitted to him as a separate question for a later ruling by his office. He said his ruling on teachers was based on a "definitive" interpretation from the Office of Emergency Preparedness concerning applicability of the freeze to teachers. The ruling stressed three points: Teachers who were not actually working and being paid under their new contracts prior to Aug. 15 are to be paid last year's salary and are not entitled to increase negotiated prior to Aug. 15.

-New teachers are to be paid on the basis of last year's salary schedule. -Increased pay for educational ere-Continued on Page 4 Associated Press Associated Press WASHINGTON Justice Hugo Black, peppery champion of individual rights in more than three decades on the U.S. Supreme Court, retired yesterday. The retirement gave President Nixon the opportunity to reverse, or at least neutralize, a liberal leaning of the court that dates to the New Deal days of Franklin D. Roosevelt.

A white House announcement said Black, 85, who has been a patient at the Naval Medical Center in Bethcs-da, since Aug. 28, was retiring because of failing health. White House press secretary Ronald L. Zicgler said Nixon would begin to "look for the most qualified man to fill the post." Nixon said as far back as his 19C8 election campaign that he favors "strict constructionists" on the court, which has been interpreted to mean conservatives. Chief Justice Warren E.

Black's ca-reer "will rank with those of the great great justices of the Supreme Court. "No disagreement on legal issues has ever affected the warm friendship that he and I developed and that warm friendship is shared by every member of the court," Burger said. Burger and Justice Harry Black-mun, Nixon's two appointees, joined the conservative wing of the court. A leading prospect mentioned for the Black vacancy is Rep. Richard H.

a member of the House Judiciary Committee. Justice John M. Harlan, a member of the court's conservative wing, also Senate beats bill to table draft action Associated Press WASHINGTON Senate critics of the Vietnam war lost a fight yesterday to scuttle a compromise draft extension bill in an effort to force the House to accept an amendment fixing a deadline for withdrawl of U.S. forces in Indochina. Oilier stories, rape 10 By a 47-36 vote, the Senate defeated a motion by Majority Leader Mike Mansfield, to table the bill combining a two-year extension of the draft with a $2.4 billion military pay rise.

It has been approved by the House. At the White House, press secretary Ronald L. Ziegler said, "It was a victory for the President The President is pleased and he hopes the Senate will now move quickly to adopt the conference report and then turn its attention to to other pressing business." President Nixon made an all-out effort to defeat Mansfield's tabling motion. An aide said Nixon regarded the vote as the most important in the Senate this year. T'o come, though, is final Senate action on the compromise measure worked out by Senate-House conferees from bills previously passed by each branch.

With some antiwar and antidraft senators, threatening to filibuster to block final action, a petition was filed immediately after defeat of the tabling motion to force a vote Tuesday on cutting off the debate. To put the Senate's debate-closing cloture rule into effect will take a two-thirds majority of senators voting. It appears doubtful that a first attempt to invoke cloture will succeed. However, Republican Leader Hugh Scott of Pennsylvania said as many cloture petitions as necessary will be filed in an effort to get a final vote on the draft bill as quickly as possible. He said that continuing delay in renewing the President's draft authority, which expired on June 30, is not in the national Interest.

SW ANSON Chauncey said he left word about the withdrawal with Autry's wife but had not had a chance to talk to his partner. Since the challenge was made public, Chauncey said the station has received several hundred letters and more than 100 calls daily in support of the station. Sens. Barry Goldwater and Paul J. Fannin, both and Gov.

Williams had issued strong statements in support of KOOL. The senators could not be reached for comment but Williams, in a telephoned call from Puerto Rico where he was attending the governors' conference, said: "I am pleased to learn that the challenge to the federal operating license of KOOL-TV has been withdrawn. This is in the best interests of Phoenix and Arizona. "Had the challenge been pressed it would have extended over a long period of time and in my opinion would not have served the public interest. "The outpouring of public support for KOOL, I am sure, was a major reason for the withdrawal.

"I am certain that KOOL, with the other television stations of Arizona will continue to provide the enlightened publ- Continued on Page 4 FT. McPIIERSON. Ga. The military judge in Capt. Ernest L.

Medina's court-martial ruled yesterday that the jury may convict the officer of no more than involuntary manslaughter in the deaths of 100 My Lai civilians in 19G8. Medina, 35, of Montrose, commander of the troops that staged the assault on My Lai, had been charged with premeditated murder in the deaths of the civilians on the allegation that he refused to intervene after learning they were being killed. Col. Kenneth A. Howard, the judge, let stand a charge that Medina premcditat-' cdly murdered a woman in a rice paddy outside My Lai, but said he would direct acquittal on a separate charge that the captain murdered a child by ordering him shot.

The judge also let stand a charge that Medina, whose lawyers rested his case yesterday, assaulted a Victcong suspect the day after the operation by firing a By JACK Challengers to KOOL-TVs license renewal announced yesterday they are withdrawing their application to take over Channel 10. Del E. Webb and Arnold R. Dahlbcrg said In a joint statement they were taking the action "because of the adverse publicity and our concern for a possible divisive effect on the community." In a separate statement, Harry Rosen-zweig, Phoenix jeweler and state Republican chairman, said he was withdrawing from his participation in the takeover attempt to avoid political embarrassment to his party and because of the strong public support given the present owners of KOOL. Webb was chairman and Dahlberg president of Valley of the Sun Broadcasting Co.

which filed an application Sept. 1 with the Federal Communications Commission to broadcast on Channel 10. Rosenzweig had been identified as a stockholder and director of the new company. KOOL is owned by former singing cowboy Gene Autry, Tom Chauncey, its president, and Mrs. Ann Kearney of New Jersey.

Autry underwent emergency eye surgery in a Boston hospital Thursday and KOOL President Tom inside LOSSES HEAVY Both sides report heavy losses as savage fighting rages in Minh Forest in southern section of South Vietnam. Page 2. UPI OUSTER Leading Santiago paper calls Chile's to close down UPI operations in that country "a blow" to nation's prestige and to its freedom of information. Page 2. FREEZE VIOLATORS U.S.

ready to act against 20 to 25 alleged violators of the wage-price-rent freeze. Page 13. SOUP Food and Drug Administration charges thousands of stores are hiding cans of possibly poisonous Bon Vivant soups in hopes it will be cleared for sale. Page 16. Page 45 39-41 52-73 45 51 50 6 42-44 Page 86 51 7 91 75-84 91 19 49-50 47-48 Astrology Churches Classified Comics Crossword Dear Abby Editorials Financial Movies Obituaries Opinion Radio Log Sports TV Log Weather Women Youlh Nelson rules out pay raises for most Arizona teachers Court upholds U.S.

order cutting off state welfare cash By ALBERT J. SITTER Atly. Gen. Gary Nelson yesterday ruled out pay increases for Arizona elementary and high school teachers during President Nixon's wage prive freeze. He told a Capitol press conference his ruling covers virtually all but 300 to 500 Arizona schoolteachers, administrators and coaches who actually went to work at increased salaries before the freeze on Aug.

15. The fact that a teacher may have been working at home before that date on the preparation of lesson plans and the like does not except that teacher from the freeze, said the attorney general-He guessed that teachers "probably" will not be eligible for retroactive payment of the increases provided in their current employment contracts after the 90 day freeze runs out and enters its second phase Nov. 13. A U.S. Court of Appeals ruling against Arizona's Welfare Department moved the state closer yesterday to a cutoff of $35 million in federal welfare funds.

A three-judge panel in San Francisco unanimously denied the state's request to cancel an order issued Jan. 26 by the U.S. Department of Health Education and Welfare (HEW) that would have stopped the flow of federal matching funds beginning last April 1. The order was blocked temporarily on Feb. 22 when the state appealed the Todafs prayer Lord, protect your people and in your mercy cleanse them from all sin, for no harm shall touch them if wickedness holds no sway over them.

Amen HEW decision, based on the State Welfare Department's refusal to comply with federal welfare regulations. The state argued unsuccessfully at HEW hearings in San Francisco and Phoenix and later to the appeals court that HEW lacked the authority to make the regulations, which conflicted with those of the state. Atty. Gen. Gary Nelson said he would ask the appeals court for a rehearing and ask it to renew the staying order against the cutoff.

If turned down by the appeals court, Nelson said, the state may carry its case to the U.S. Supreme Court. Welfare Commissioner John O. Graham said he would not comment until he was able to read the appellate court's Continued on Page 13.