Democrat and Chronicle from Rochester, New York • Page 1

Cloudy Dttoili ei Pom 21 I38TH YEAR 10 CENTS (NtwHtoM Pnct) Published by Gannett in Rochester, N. Saturday Morning. October 3, 1970 Metro Id Vote Clears JO Hurdh Year- Z.vv.WiT.vKvWvK'iWvIvWW In-DepthLook At the Playoffs 1 Baltimore and Cincinnati are fa- ff vored to win the opening games of 1 the American and National League playoffs that begin today. For an in-depth look at how the teams are shaping up, the Democrat and Chronicle gives you stories, sta- tistics and pictures on pages ID and 4D. i Court throws out suit challenging U.S.

law Washington Post WASHINGTON The new federal law giving 18-year-olds the right to vote in all elections passed its first court test yesterday when the U. S. District Court here threw out a suit contending the law was unconstitutional. By a 3-to-0 vote the special court held that Congress was well within its power to enforce the rights of young persons to equal protection of the laws in the way it did: supplanting state voting age rules with a uniform grant of the vote to those 18 and older. Also upheld were sections of the law the 1970 amendments to the 1965 Voting Rights Act banning literacy tests in 15 Northern states and striking down state residency rules for presidential elections, substituting a nationwide 30-day waiting period for the mobile U.

S. population. The decision was issued by Chief Judge David L. Bazelon of the polls with a direct appeal to the Supreme Court. The high court, however, is focusing its attention on four suits between the federal government and the states of Oregon, Texas, Idaho and Arizona as the central test of the law.

Arguments are scheduled Oct. 19 in those cases. Although the New Yorkers' suit may take a back seat in the high court's attention, observers saw signs of widespread, perhaps unanimous, Supreme Court support for the law in yesterday's vote. Judge Bazelon is an outspoken liberal, and Judge Bryant also was rated as likely to uphold the law. But Judge MacKinnon is a Nixon administration appointee to the federal bench, who met the Nixon test as a "strict constructionist" conservative.

Judge MacKinnon, in a separate opinion, went even further than his fellow panelists in rejecting the argument that th voting age of 21 was bolted into the Constitution. the District of Columbia Circuit, Circuit Judge George E. MacKinnon and Dist. Judge William B. Bryant.

They sat as a special district court, the only kind of court under the law with power to block enforcement of the federal statute on constitutional rounds. Their refusal to strike down the federal law and dismissal of the suit leaves the plaintiffs five over-21 New York voters who complain that young voters will dilute the strength of adults at From Wichita State 5.5 P.C. Jobless WASHINGTON (AP) Unemployment jumped close to a seven-year high in September and millions of workers suffered a sharp cut in working hours and pay, the government reported yesterday. The gloomy report the latest before the Nov. 3 elections stirred Democratic and organized labor attacks on President Nixon's economic policies and a White House attempt to minimize the bad news.

The report said unemployment rose from 5.1 to 5.5 per cent of the nation's work force, a total of 4.3 million jobless Americans, and that 45 million rank-and-file workers lost 84 cents a week in pay because of a 36-minute cut in the average work week. Details on Page 8D. God 4 Your News At A Glance 13 Players, Coach Dead People SILVER PLUME, Colo. (UPI) A 20-year-old airplane carrying Wichita State University football players crashed into a mountain patched with snow high in the Colorado Rockies yesterday and exploded in flames, killing 29 It was one of the worst disasters in American sports history and the deadliest U.S. plane crash of 1970.

Eleven survivors, who wandered badly burned and dazed out of heavy stands of pine, were taken to two hospitals in Denver, 65 miles to the east. It's a rough life for wives of drivers in the Wat-kins Glen Grand Prix this weekend (1C). Attention, longhairs! There may be a free hair-cut in your future (1C). From the mountains of Tennessee to Rochester come unusual handicrafts. Happenings (2C).

World 'I Don't Know Why I'm Alive' Mrs. Nguyen Cao Ky cancels trip to Washington victory rally after engine trouble forces her plane back to Paris (2A). As Egypt mourns, the nation's leaders meet with foreign leaders to' clarify the future in the wake of Nasser's death (2A). Air Force transport with 43 persons aboard reported missing south of Taipei, Formosa (2A). Tail section of plane carrying Wichita football players burns in section of plane carrying Wichita football players Rockies.

(UPI Teiephoto) National Excited Nixon Gets acking The Colorado State Patrol said the remaining football players, coaches and fans among the 40 persons aboard the chartered craft, which had a crew of four, were presumed dead. The Kansas team was en-route to Logan, Utah, for a game today with Utah State. It was traveling in two planes, twin-engine Martin 404s aircraft built in the late 1940s, and early 1950s. The second plane, carrying 34 persons, including 22 football players, landed safely in Logan an hour after the crash of its companion plane. "These kids genuinely loved each other," said Fred Conti, the team's defensive coordinator, fighting back tears and shaking his head.

"We were a young team and these boys have been playing well together. We thought we were really building something." Thirteen members of Wichita State's 45-member squad died in the crash. Nine players survived along with the copilot and the team trainer. The dead included head coach Ben Wilson, athletic director A.C. "Bert" Katzen- Please turn page Senate approves bill authorizing more than $11 billion in federal aid for highway programs (3A).

Possible criminal violations in Burean of Traffic reported by ICC's acting chairman (3A). Volunteers from four armed services to ride shotgun on airliners in anti-hijacking campaign (3A). easefi Franco on re Local than ever before." A Communist appeal for demonstrations against Nixon's one-day visit went unheeded, apparently under pressure of rigid police precautions. But the rousing welcome, given Nixon and his wife indicated there was little public mood to protest. In Barcelona, 100 youths marched on the International Business Machines building carrying red flags with hammers and sickles.

The band also carried signs saying "Nixon," but the in the President's name was replaced by a swastika. The group smashed windows in the IBM building with iron bars and burned an American flag. Police arrived too late to make arrests. residence just outside Madrid. Informants said that for a time Nixon and Franco were closeted together without interpreters or other aides.

Franco is said to be fairly proficient in English. Nixon and Franco agreed, the spokesman said, that "relations between the United States and Spain are closer Under the shadow of the wrecker's boom, 60 persons meet arid form committee to save Aquinas Memorial Stadium (IB). With only 9 months of year gone, drag arrests in Rochester already have set a one-year record (IB). City unveils timetable to get rid of East Side incinerator and pledges to stick to it (IB). DENVER (AP) "We kept getting closer and closer," said a Wichita State football player from a hospital bed.

"It all happened so fast I didn't really think about it until we got out," said a teammate. They were among about a dozen who survived the fiery crash in the Rockies yesterday of an airliner carrying part of the Wichita State football team, coaches and team supporters to Logan, Utah, for a game today. Twenty-nine persons were killed when the plane, crashed near Loveland Pass. Glen Kostal, 20, of Chicago, a linebacker, was among seven injured brought to Lutheran Hospital here. He said he was in the rear of the twin-engine plane.

"I don't know why we are alive right now," he said. He was in satisfactory condition, suffering from a concussion and head cuts. Four others were brought to Denver's St. Anthony's Hospital. One of them, Mike Bruce, 21, of Sherman, said, "I was lucky." The offensive tackle was listed in good condition, although his feet and one leg had been burned.

"We took off from Denver and the stewardess brought us lunch," Bruce said. "Everyone was looking at the mountains," the grey- Please turn page Prisoners Hold 23 Hostages Sports Aquinas wins THE game, defeating Fairport footballers, 18-12, before nearly 14,000 fans (ID). Managerial shakeup: Oakland's Finley fires John MacNamara, hires ex-Bosox Dick Williams. Billy Martin replaces Mayo Smith at Detroit (ID). Joe Kapp back in football; signs with Boston Patriots and predicts "a winner" Bridge 15C captains and five civilians and added, "The situation is extremely serious and dangerous.

I hope and pray that no one gets hurt." Meanwhile, more than 300 rioting inmates in Queens refused to release five hostages on their own until all their demands were met. One of them was that a State Supreme Court Justice come to the jail and hold bail reduction hearings. "No more promises," said Victor Martinez, a spokesman for the Queens prisoners. "We want action. Unless that pig judge appears here, you will never see those pig hostages alive." Meanwhile, Kenneth Cender, a white prisoner at the Queens detention house, predicted that "every jail in New York State will be up in rebellion." NEW YORK (AP) A riot of prisoners in the Queens House of Detention was followed yesterday by another in the Tombs prison in Manhattan, where 18 hostages were reported taken during an uprising of more than 200 inmates.

The Roman Catholic chaplain at the Tombs, the Rev. Lawrence Gibney, said the Tombs hostages included 11 corrections officers, two guard Among those who took part in negotiations with a delegation of Queens prisoners was former Bronx Borough President Herman Badillo, a Puerto Rican, and Rep. Shirley Chish-olm, D-NY, a Negro The uprising at the Tombs, the second in less than two months, was confined to the 11th floor. The estimate that more than 200 prisoners took Please turn page MADRID (AP)-President Nixon got an enthusiastic reception from a huge crowd in Madrid yesterday and an endorsement from Gen. Francisco Franco of U.S.

efforts to maintain the ceasefire in the Middle East. The outpouring of Spaniards greeting Nixon on the third stop of his European tour was the largest crowd he has seen on his travels abroad, the President said. A Spanish government spokesman estimated that up to IV2 million thronged the streets as Nixon, with Franco standing by his side, waved and smiled from the motorcade. "It was a very exciting time and a very exciting reception," Nixon enthused. "It was the largest crowd I have ever seen." In a talk later, Nixon and Franco agreed that maintenance of the Middle East ceasefire is a basic condition in the search for peace in that area, a Spanish spokesman said.

The spokesman said the two chiefs of state made a detailed analysis on Mediterranean problems and "what actions could be taken to convert it, into an area of peace." He told a news conference the two also had decided during their talk at Prado Palace on an exchange of visits by ministers of the two governments in order to tighten economic links between Spain and the United States. The spokesman said Nixon and Franco agreed that continuance of the shaky ceasefire in the Middle East is necessary for "the establishment of peace, taking into account the interests of all." The talk was at Franco's Buchwald 3C Comics Crossword 15C Deaths 7C Editorials 4A Financial 6, 7, Scott Throws Punch for Goodel 3C IB, 15C 8D Harris HELP! Jumble Landers Sports Theaters TV Weather 1C "Get me whatshisname 1-5D 4C 5C Want Ads 7- 4 NEWS 2B 14C SECTIONS administration's views are somehow dangerous and irresponsible, have no place in public life, and should be dis. credited in the public eye." Answering questions in New York, Goodell sai4: "I intend to continue to speak in answer to Mr. Agnew, I'm not going to take lying down what he is attempting to do to me, to purge me, and beyond that, what he is doing to the country "I expect if the vice president succeeds In dividing the country, that the President would move in. I think the woods are on fire right now, and the President ought to move in to put it out." Readings in New York show Goodell running a poor third behind Rep.

Richard L. Ottinger, the front-running Democratic candidate, and James L. Buckley, Con servative. publicans everywhere, including New York and Virginia. The Republicans should live in peace, even as the lion and the lamb." Sen.

Jacob K. Javits, Goodell's senior colleague and a strong ally, jumped into the fray emphatically yesterday. "Vice President Agnew's effort to read Sen. Charles Goodell out of the party deserves to be decisively repudiated by the Republican party and the voters of New York," he declared. Goodell read a public statement in New York City and issued another in Washington, replying to Agnew's remarks.

In the latter he said: "What is involved is the right of people to differ with official policies, and to do so with power and effectiveness. His rhetoric suggests that people who question the Goodell could gain as underdog (3A). Sen. Charles McC. Mathias endorses Sen.

Goodell (6B). WASHINGTON (UPI) Senate Republican Leader Hugh. Scott stepped into a worsening GOP family fight yesterday, criticizing Vice President Spiro T. Agnew for attacks on Sen. Charles E.

Goodell, the party's candidate for reelection in New York. Scott, referring to Agnew's charge Wednesday that Goodell had deserted the GOP for the ranks of President Nixon's ideological enemies, said on Capitol Hill: "I think when the President is away, those who are not the President seem disposed to play. I will be glad when the President gets back." "As Republican leader," Scott added, "I am for Re Jo Call the Here's how to call the Democrat and Chronicle: To place a want-ad: Classified Service 454-4200 To provide news tip information: City Editoi 232-5300. To start or stop your paper or to discuss circulation service: Subscriber Service, 232-5550. For any other purpose, 232-5300.

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