Carroll Daily Times Herald from Carroll, Iowa • Page 1

Carroll Daily Times Herald Vol. 109 Return Postage Guaranteed Carroll, Iowa, Wednesday, May Pages Evening for 40 Cents Per Week 10c Copy McManus Dissents; All Hold Present Apportionment Discriminatory- Court Delays Shaff Ruling. 2-1 Until After Vote DES MOINES (AP) Three federal judges ruled Wednesday that present apportionment of the Iowa Legislature is "invidiously discriminatory and in violation of the equal protection clause of the 14th Amendment" of the United States Constitution. "While there is some justification fbr some inequality, there is no apparent rational basis for the very substantial inequality that exists in both houses;" they said. Two members of the panel ruled however, that the constitutionality of the Shaff plan of legislative reapportionment Fhould be held in abeyance until the voters decide the issue at a special election Dec.

3. The majority view was held by Judge, Martin D. Van Oosterhout of Orange City, a member of the U.S. 8th Circuit Court of Appeals at St. Loins, and District Judge Roy L.

Stephenson'of Des Moines. In a dissenting opinion, District Judge Edward J. McManus of Cedar Rapids said, "the difference here is clearly noon and midnight and, therefore, I would find arid conclude that the Shaff plan is an obvious violation of the 14th Amendment." Judge McManus added that the "people of Iowa should be relieved from the expensive gesture of conducting a useless election of the Shaff plan." He said that the plaintiffs, two Des Moines labor leaders, "have met their burden of proof on both issues in the case." Judges Van Oosterhout and Stephenson held that the 1904 anc 1928 amendments to the Iowa Constitution together make the present constitutional provisions discriminatory. But they said there is "no need for' haste in the entry of a decree on the constitutional attacks made is obvious that if the Shaff plan is not adopted by the vote of the people, such plan will never become a part of the Iowa Constitution." The panel said, "The conclusion is almost unavoidable that the disparities present in the appor- tionment of both houses of the Iowa General Assembly transgress the constitutional limits of equal protection." The majority opinion said: "In the exercise of our equity powers, and upon a balance of the equities, we hold that no decree should be entered at this time awarding affirmative relief but that jurisdiction should be retained to hold such further hearings and enter such further orders as may be necessary or appropriate, upon the court's own motion or Leaders Urge Faster ill Pace Photofax Wire Picture Subdue Demonstrator- A police officer gets an assist from a fireman's foot as he cuffs a Negro demonstrator during massive -protest marches in Birmingham, yesterday. Heavily-Armed Troopers Ordered to Birmingham "BTRMINGHAM; Aia.

highway patrolmen carrying billy clubs patrolled downtown Birmingham today. Patrol cars-were parked at Intersections in the main business district. About 150 troop- War Threat Eases; U.H., OAS to Meet By WILLIAM L. RYAN SANTO DOMINGO, Dominican Republic (AP) The immediate threat of war between the Dominican Republic and HaitL appeared to recede today but tension remained high. The Organization of American States and the U.N.

Security Council called meetings today to discuss the situation between the Caribbean neighbors sharing the island of Hispaniola 50 miles from Cuba. The Security Council was ex pected to leave it to the OAS. Dominican President Juan Bosch called Haiti's dictator Pres ident Francois Duvalier "a mad man," Tuesday night in a radio- television statement on the crisis but indicated he is moving cau tiously. Bosch said if the United State found the crisis grave enough tc order the evacuation of U.S. cit Tension See Page 5 ers ringed Ingram Park, the site of Tuesday's outbreak when firemen used hoses to quell the surging crowds.

In Washington, Rep. Adam Clayton Powell, said Atty. Gen. Robert F. Kennedy told him "something big is about to happen in Birmingham." Mississippi Links Riots To Kennedy By JAMES SAGGUS JACKSON, Miss.

investigators today linked the University of Mississippi desegregation riots with Kennedy political ambitions and blamed the violence on federal planning errors and tactical blunders. The General Legislative Investigating Committee, in its formal report to Gov. Ross Barnett and the Mississippi Legislature on the Oxford crisis, termed the riots-last Sept. 30 and Oct. 1 a "tragic chain of events and errors." In Washington, the White House declined comment.

After linking the Oxford situation with national the committee asserted: That marshals were "displayed" to attract a crowd of students: That the President illegally took control of the Mississippi National Guard, the only means the governor had of controlling crowds; And that the marshals turned a student demonstration into a bloody riot by firing into the faces of the students as state highway patrolmen were moving them back. If the President had exercised care in the responsibility he assumed, the report said, "The trag- BIRMINGHAM, Ala. (AP) Heavily armed state troopers swarmed into this racial trouble spot today, ready to aid Birmingham officers facing their seventh day of massive Negro demonstrations. Gov. George Wallace, a militant segregationist, announced Tuesday he was ordering 250 riot- trained highway patrolmen to Birmingham.

State Public Safety Director Al Lingo said early today, 'however, Roswell Garst Garst to Urge Reds to Build Farm Roads NEW YORK Roswell Garst (AP) Farmer of Coon Rapids, in Barn But He's Not Complaining i (PICTURE: Page 12.) By CHARLES W. WALK The Mason City Globe-Gazette MASON CITY Dick Bruns tells people he lives in a barn, he isn't complaining about his housing facilities; he's making a statement of fact. Before everybody starts feeling sorry for Bruns, it should be noted that this particular barn would be the envy of a good many homeowners. Located on 40 acres Bruns owns three miles north of Mason City, the barn was just like any other barn until last fall. It had livestock stalls on the ground floor and a loft full of hay on the upper level.

It probably would have stayed that way if Bruns, a carpenter by trade and an avid golfer by choice, hadn't decided to build a par-3 golf course on his land. Bruns had about decided to build a house on a small hill overlooking the proposed course (he had earlier sold the house on the farm and was living in Mason City) when he remembered that Barn See Page 5 Senate May Be Called to NightSession DES MOINES Iowa Iowa Constitut Senate, prodded by its leaders to rior to 1904 work more rapidly, Wednesday entered the third day of consideration of a bill to boost state revenue primarily by increasing the sales tax. Majority Leader Robert Rigler, R-New Hampton, said he expected to ask the Senate to work after supper unless the issue is decided Wednesday afternoon. It would be tthe legislature's first night meeting of the current session. upon the motion of either of the parties.

"It is anticipated that a further hearing will be held promptly after the vote upon the Shaff plan becomes available." Judge McManus said in his dissent: "I would at this time enter judgment for the plaintiffs, declaring the amendment of 1904 and the amendment of 1928 to the Iowa Constitution, together with the i 1 ing legislation enacted pursuant thereto invalid prospectively from and after this date. "I would further enter judgment enjoining defendants from submitting the Shaff plan to a vote of the people, and would declare that the Iowa General Assembly, as presently constituted, should from this date and until Dec. 31, 1963, but not thereafter, function as a de facto body for all valid purposes and for the further purpose of providing means for the enactment and implementing apportionment legislation under the Iowa Constitution as it existed ic events would not have occurred." "One fact that stands out above all others," the committee said, "is that so long as the governor of the State of Mississippi was permitted to be responsible for the enforcement of law and maintenance of peace, there was no violence or injury of any kind." The committee, which took more than 2,000 pages of sworn testimony from 90 witnesses, said the tragedy cost two lives, many that the stepped up number was being to 575 troopers, virtually the entire manpower of the. state agency. Lingo said the troopers were under direct orders of Wallace.

They are equipped with tear gas grenades, riot guns, carbines and sub-machine guns, he said. Birmingham See Page 10 injuries and millions of dollars damage needlessly. The rioting followed enrollment of James H. Meredith, a Negro, in the university last fall. IOWA TRAFFIC DEATHS By The Associated Press May 8, 1963 173 May 8, 1962 151 By the May 8, May 8, State 1963 1962 Safety Department 162 146 Visits Off; Pope's Health Has Worsened VATICAN CITY reports' that the health of Pope John XXIII has worsened, L'Osserva- tore Romano said today the Pope will not make visits late this month to Montecassino and Pompeii as planned.

The Pope held his weekly general audience today in St. Peter's Basilica. Persons who were present said he did not look well. was en route Wednesday to another visit with Soviet Premier Nikita Khrushchev. His mission was to the Soviets how to move their products off the farms.

Garst became widely known when he played host to Khrushchev in Iowa in 1959, following a visit he made to Russia. The 64-year-old farmer, whose specialty is producing high yields of corn per acre, talked with reporters here Tuesday night before leaving by plane from Idlewild Airport. He spoke through a "voice box," a substitute for his larynx, which was removed by a recent operation. Garst said Khrushchev had.in- vited him to visit the Soviet Union last October but he had been unable to make the trip because of the operation. "I have spent teaching how to Lafe News Off the AP Wire WASHINGTON (AP) High American officials are now counting Indonesia's Communist party largest outside of the Iron Curtain countries in Peking's camp in the leadership dispute between the Soviet Union and Communist China.

Authoritative sources said that the switch of Indonesian Reds to the Chinese hard line must be considered one of the major Soviet disappointments of the past year and a cause for a serious reappraisal inside the Kremlin. The Russians invested up to $2 billion arms and economic aid for Indonesia in a strong effort to retain influence there. INTO MOSCOW (AP) Greville Wynne, a Briton, accused the British Intelligence Service today of having tricked him into a deal that landed him in a Soviet prison as a spy for his homeland and the United States. "That's why I am here," Wynne despondently told the three-judge military court in the second day of a Soviet show trial that has put him in the dock with Oleg Penkov- sky, a Soviet scientific official. Both have confessed to spying.

MOTHER OF YEAR- NEW YORK Olga Pearson Engdahl of Omaha, outpointed aspirants from the 50 states today for the coveted Mother of the Year award. The handsome 67-year-old mother of seven, blue-eyed and gray- haired, was selected by the American Mothers Committee Inc. Mrs. Engdahl and her husband, John S. Engdahl, both natives of Nebraska, were present when the announcement was made.

They have six sons, one daughter and 11 grandchildren. Engdahl is founder and president of the Engdahl Top and Body which he said is the oldest automobile body firm in Nebraska. TELSTAR WORKING- NEW YORK Telstar 2 communications a 11 it whizzed through the heavens today after working perfectly in relaying television pictures between the United States and Europe. The pictures that bounced back to the sending station at Andovcr, Maine, Tuesday night were described as "magnificent very, very clear." Tonight a color television transmission is planned between the continents about 7 p.m. my whole life produce more and better food with less labor," he told reporters, "and I intend to continue to do this without regard to race, creed, color or political affiliations." Garst said he was going to tell the Soviets their prime need is for farm-to-market roads to distribute products, fertilizer and supplies.

Present roads in Russia are inadequate, he said. Garst said he was going to tell the Soviet Union for about 10 days and then expected to visit farms in Hungary and Romania. Stating the belief that world problems are caused by hunger, he said: "Well-fed people are safe people and hungry people are dangerous people." Mayor Arrested; Charged in Kickback CHICAGO (AP) Mayor Ray Sopher of Streator has been arrested by FBI agents after he allegedly received a $3,000 kickback from an official of a firm that sold sewage equipment to the city. Sopher, who began his second term of office Monday, was arraigned before U.S. Commissioner C.

S. Bentley Pike after his arrest Tuesday on a charge of interfering with interstate commerce by extortion. He was released on $1,000 bail. Gets Credit For Time Spent in Jail Frank McLaughlin, Gray, was given credit for 69-days spent in the county jail and released from custody here Wednesday after a District Court jury returned a verdict of guilty on a charge of operating a motor vehicle while intoxicated. The verdict was returned at 4 p.m.

Tuesday and Judge David Harris, Jefferson, fined McLaughlin $300 and costs and ordered his driver's license suspended for six months. When the defendant did not pay the fine, Judge Harris gave him credit for time spent in the county jail where he had been held hi custody in lieu of bond while awaiting trial. McLaughlin was arrested hi Manning on Feb. 27. Foreman of the jury was Helen Nieland.

Other jury members were Vera Gute, JoAnn Blohm, Mabel Kroeger, Leona Venteicher, Jeanette Venner, Carmalita Riesberg, Carol Drees, Leona Kitt, Velma Schroeder, Lena Stork and Martha Freese. Judge Harris excused the petit jury panel until 1-Jo p.m. Monday when a $2,000 damage suit and a $10,000 counter-claim is scheduled for trial. The Monday case involves a law action brought by Ned Collision against Richard W. and Linda L.

Wiederin in connection with an auto accident at the intersection of Main and Ninth Streets in Carroll on Nov. 10, 1962. Rosando E. Santos Jr. Writes Song for Kuemper High Groups Highlighting the annual choral concert to be presented by the Kuemper choruses at 8 p.m.

May 10 in the Kuemper auditorium will be the performance of "Mandala' composed for the Kuemper chorus and orchestra by Rosando E. Santos Filipino composer. Santos, former professor of music at the University of the Philippines, has conducted two Philip-' pine symphony orchestras as well as numerous concert bands. The "Balitaw" is a Philippine folk song written in the pure native style. Mandala is the Filipino word for- haystack, and the song tells about the making of a haystack for the big fiesta held, each May and festivities that follow.

The Weather IOWA FORECAST Fair to partly cloudy through Thursday. Lows Wednesday night in the 60s. A little cooler northeast Thursday, highs near 80 in north to 90 south. Further outlook cloudy with scattered thundershowers and turning cooler Friday. FIVE-DAY IOWA FORECAST Temperatures will average 6 to 10 degrees above normal Thursday through next Monday.

Normal highs are from the upper 60s in the north to the lower 70s in the south. Normal lows are from the lower 40s in the north to the upper 40s in the south. Temperatures will be considerably above normal at the beginning of the period, turning cooler about the weekend. Rainfall will average .50 to .75 of an inch in scattered showers, mostly near the weekend. Lt.

Gov. William Mooty asked unanimous consent to prohibit all questions to the sponsor "of an amendment after the Senate has acted to end debate on the 'amendment. This drew objections from some Democrats who warned against hasty action in a last minute rush. Senate Democrats caucused Wednesday and their leader, Andrew Frommelt of Dubuque, said they probably would vote against any sales tax increase unless the Senate goes along with Gov. Harold Hughes' recommendation for a withholding' system for the state income tax.

The deciding votes still to come on both the amendment and the tax bill. Two controversial amendments were disposed of rapidly Wednesday morning when Mooty ruled they were not germane to the subject of the bill. 0ne would have set up a state racing commission to permit horse racing and parimutuel betting in Iowa. The other would have regulated and taxed trading stamps. An amendment to have the proposed sales tax increase expire after two years rejected by 1 voice vote.

Minnesota and Nebraska residents would be excused from paying sales tax in Iowa counties bordering on those states under an amendment approved 26-24. Sen. Richard Turner, R-Council Bluffs, sponsor of the amendment, said it would help merchants recover from loss of business suffered as a result of their nearness to these two states which have no sales tax. The measure provides that residents of adjoining states having no sales tax may make purchases The suit challenging the constitutionality of the Shaff plan of legislative reapportionment was by two officers of the Iowa Federation of Labor (AFL- CIO), Charles L. Davis and Arthur J.

Lewis of Des Moines. The reapportionment plan, sponsored by Sen. David Shaff, ft- Court See Page 11 McManus: Problem Far From Solved DES MOINES (AP) Federal Judge Edward-J. McManus found fault Wednesday with putting off until next year what could perhaps be solved this year, "toe profound and thorny question of legislative apportionment." In a minority opinion, the chief judge of Iowa's Northern District dissented on four of the six points contained in the judgment entry on the reapportionment suit. "What if the Shaff plan falls in December?" he wrote.

"Such eventuality would require further action by this court to enter judgment at least, seven months hence which it can enter today. "Regardless of whether the Shaff plan wins or loses, if it is to be submitted to the vote of the people in December, in justice and equity, aren't the plaintiffs and other Iowa voters similarly situated as much entitled to know before they vote what system of legislative apportionment their state will have if they vote "no," as well as if they vote "yes?" It Is my that an affirmative vote on the Shaff plan will not solve the constitutional problem now before this court. The Shaff plan win or lose, either or both of the questions will again be before the court." Judge McManus also brought up the approximate cost of the special election on the Shaff plan in December, estimated at $250,000. "In justice and in equity," he wrote, "the plaintiffs, the class they represent and the people of in adjoining Iowa counties without paying the sales tax provided that they sign an affidavit stating Senate See Page 11 Iowa should be relieved from the expensive gesture of conducting a useless election on the Shaff plan." How Iowa Firm Produced Mask (or Everest Assault CARROLL-NORTHWEST Partly cloudy through Thursday. Lows Wednesday night in the 60s.

Highs Thursday in tihe 80s. Some people's Idea of rough- Ing it Is having to walk from the far side of the parking lot to the office. The Weather in Carroll (Daily Temperatures Courtesy Iowa Public Service Company) Yesterday's high Yesterday's low At 7 a.m. today At 10 a.m. today 80 58 67 ..75 Weather A Year Temperatures ranged from a high of 65 to a low of 47 degrees a year ago today.

Rainfall before 7 a.m. amounted to .49 inch. NEWTON, Iowa oxygen masks worn by members of the American Mt. Everest expedition were made by an Iowa firm more widely known for its efforts to ease the housewife's wash day chores. Engineers, designers and craftsmen of the Maytag Company's research and development division spent 15 months developing and producing a breathing device for use in the assault on the world's highest mountain.

An American and a Sherpa guide conquered the peak last Wednesday, but so far their names have not been made public. The basic idea for the mask came from Dr. Thomas F. Hornbein, 32, of San Diego, an anesthesiologist who is in charge of the expedition's oxygen equipment. The washing machine company got into the act on a non-commercial basis when Dr.

Hornbein, through his friendship with the late Fred Maytag II, became quainted with T. R. Smith, vice president and head of Maylag'a research division. Maytag was president of the firm. The company started work on the project in July, 1961, armed with a technical paper prepared by Dr.

Hornbein on the problems Mask Sea Page I.