Arizona Daily Star from Tucson, Arizona • Page 1

laying VC Chilians Called Part Of Policy TOP of the NEWS FAIR, LITTLE CHANGE. The weatherman predicts fair skies and little change in temperature for Tucson today and for the weekend. Expected highs will be 67-72 and the lows 37-42. Yesterday's extremes were 67 and 34, compared to 71-48 one year ago. Nationally, storms on both coasts brought rain or snow to most of the nation.

Full details on Page 4A. By GEORGE BOWEN BALTIMORE (AP) A report by two former Army lieutenants stating they were instructed to hire mercenaries to kill Viet Cong sympathizers, "male or female civilians of any age," is being brought to the attention of U.S. senators. The statement also said the officers were told that frequent "resort to the most extreme forms of torture was necessary." They said they were assigned to the "Phoenix Program," which, they were informed, "sought to accomplish through capture, intimidation, elimination and assassination what the United States up to this time, was unable to accomplish through the conventional use of military power, i.e. to win the war." The statement is on file in the U.S.

District Court for Maryland in behalf of the lieutenants who sought and obtained Army discharge as conscientious objectors. Francis T. Reitemeyer and Michael J. Cohn were attending a combat intelligence school at Ft. Holabird in Baltimore when they sought discharge after receiving oixlers for Vietnam last December and January.

William H. Zinman, their Baltimore lawyer, said Thursday he is sending several senators a copy of a statement he filed last Feb 14. It was a written offer to prove that each officer was told he "might actually be required to maintain a kill quota" of 50 Viet Cong sympathizers a month and that this helped crystalize their "abhorrence to participation in war in any form." Reitemeyer and Cohn, both about 25 years old, were not called to testify under oath on their allegations of hiring killers because Judge Frank A. Kaufman decided they had supported their conscientious objector claims without it. Zinman said Reitemeyer and Cohn were in a class of 48 officers at Ft.

Holabird and pre- if ACLU urges government to drop Cal-ley charges. Page I OA. sumably most of the others now are in Vietnam. The statement said they were officially instructed they were to be American advisers in the "Phoenix Program" when they arrived in Vietnam. The paper for each petitioner continued: "The 'Phoenix Program' was described to him as a policy of the United States government which sought the elimination and destruction of the Communist 'infra structure' in Smith Vietnam.

"Your petitioner was informed that he would be one of many Army officers designated as an adviser whase function it was to supervise and to pay with funds from an undisclosed source 18 mercenaries, probably Chinese, none of whom would be officers or enlisted men of the U.S. military, who would be explicitly directed by him and other advisers to find, capture, and-or kill as many Viet Cong and Viet Cong sympathizers within a given number of small villages as was possible under the circumstances. "Viet Cong sympathizers were meant to Include any male or female civilians of any age in a position of authority or influence in the village who were politically loyal or simply in agreement with the Viet Cong or their objectives. "The petitioner was officially advised by the lecturing United States Army officers, who actually recounted from their own experiences in the field, that the petitioner, as an American adviser, might actually be required to maintain a 'kill quota' of 50 bodies a month. "Young petitioner was further informed at this intelligence school that he was authorized to adopt any technique or employ any means through his mercenaries, which was calculated to find and ferret out the Viet Cong or the Viet Cong sympathizers.

"Frequently, as related by the lecturing officers, resort to the most extreme forms of torture was necessary." I'M limp ww Star MIDEAST ACTION. Israeli pilots, flying American Phantoms for the first time, shoot down three MIGs in a massive air raid over Syria. Page 10A. MOSCOW-BONN TALKS. West Germany and Russia hold their second round of talks on a possible renunciation-of-force treaty which would improve relations between the two countries.

Russia softens its attitude in-so-far as press releases are concerned. Page 11 A. JAN MASARYK'S DEATH. It has been suggested, after a reopened investigation, that Jan Masaryk, the last non-Communist foreign minister of Czechoslovakia, slipped and fell from a window during a bout of insomnia instead of deliberately jumping or being pushed. Page 10B.

An Independent Newspaper Printing The News Impartially TUCSON, ARIZONA. FRIDAY, DECEMBER 12. 1 969 VOL 128 NO. 346 SIXTY PASES Pass 1 1 enators DEC -uui. ffik PEOPLE I lax OAs.lWfeTtoir P1C Bill, But Like It "WW 17) K3 7 ew By EILEEN SHANA1IA.V 0 i HARVARD OCCUPATION.

The Organization for Black Unity occupies three buildings, including the dean's office, at Harvard University in protest of construction hiring practices at the school. The occupation ends after all 75 protesters are suspended from school and a court order directs them to vacate the building. Page 9A. NEW MEXICO CHARTER. A proposed new constitution for New Mexico, planned and written over a six-year period at a cost of $600,000, is rejected at the polls by a margin.

Page2B. LOBBYING POLITICIANS. House efforts to tax interest paid on municipal bonds show that state, county and city officials know a great deal about lobbying and putting pressure on members of Congress. Page 6D. UMW ELECTION.

Defeated Mine Workers presidential candidate Joseph Yablonski, charging that union president W. A. "Tony" Boyle stole the election, demands a federal investigation of his charges. Page 18B. Two Judges Under Fire In Newark Probe Into Corruption By Mafia Expanded By CHARLES GRUTZNER 196 New York Times New Service NEWARK, N.J.

Newark's chief municipal judge was suspended effective immediately, by New Jersey's chief justice and a Union County district judge was arrested, fingerprinted and put under $10,000 bail in the expanding federal and local investigations of alleged official misconduct and organized crime throughout that state. In another development, State Attorney General Arthur J. Sills said that U.S. Atty. Frederick B.

Lacey would meet with him today in Trenton to discuss, among other aspects of the grand jury investigations, the advisability of invoking the Faulkner Law to remove Newark's Mayor Hugh J. Addonizio from office. 1 J3 Times Newt Service amendments had the vigorous support of the Administration which, in fact, had a hand in drafting it. But the Administration and the Republican leadership of the Senate, combined, were not able to hold the Republican ranks in line. Twelve Republicans joined 48 Democrats to make the vote against the Williams motion 60-31.

Williams said that, in all, the provisions he was attempting to strike would have an adverse impact on the federal budget of $10.5 (Continued On Page 7A, Col. 1) If- s. Trnno lit mm tmt mill 1 if)! Raids On 'Panthers' Protested Demonstrators mass on the steps of the Los Angeles City Hall yesterday, protesting what black groups called "an obvious pattern" of raids by police on Black Panther party headquarters recently. Leaders of several Negro organizations are demanding a full-scale investigation. (AP Wirephoto) lto New York WASHINGTON The Senate passed the tax bill Thursday by a vole of 69 to 22, but enthusiasm for the measure was less than the margin of victory would indicate.

Before the final roll call, a number of senators who subsequently voted "aye" expressed concern over what they regarded as the bill's deficiencies mainly its large reductions in income taxes, its increases in Social Security payments and its stripped-down reform provisions. Senators who voted for the bill as well as those who voted against it expressed the hope and believe that the measure would be improved by the joint Senate-House conference committee that will write the final, compromise version of the measure. Sen. John J. Williams of Delaware, the ranking Republican on the Senate Finance Committee, chided his colleagues for taking this position.

He said it was "irresponsible" to vote for costly provisions "so you can go home and tell your constituents 'I voted for it' and then say here on the floor of the Senate 'I've got confidence in the Williams then, in an action which appeared to have few precedents, announced that he would refuse assignment as a member of the conference committee because "I cannot, in good conscience, support the Senate's version of this bill." Members of conference committees are generally supposed to fight for retention of the maximum possible amount of their own house's version of legislation. Before the vote on final passage, Williams attempted to have stricken from the bill what he regarded as the eight worst and costliest provisions that were added by the Senate in its 13 days of work on the bill. Two of the items on Williams's list were the increase in Social Security benefit payments and the $200 increase in personal exemptions, which became one of the major tax-reducing items in the bill. The other actions on his list were divided between amendments to the reform provisions and new tax benefits for certain classes of individuals. In the latter category were increased medical deductions for the elderly and INDIAN HOUSING.

The Bureau of Indian Affairs housing director reports at the end of a meeting between three federal groups that Arizona housing for Indians is expected to triple next year. Page IB. HEPATITIS FLARE-UP. State health officials are investigating a flare-up of cases of infectious hepatitis in Cochise County. One person has died in the past few months.

Page 12B. NAVAJO POWER PROJECT. Construction of the coal-fired electric generating plant near Page is approved by Interior Sec. Hickel. The plant will utilize Indian land coal, and water for cooling will be drawn from Lake Powell.

Page 4B. WILLIAMS UNDER FIRE. James A. Elliott, Douglas school principal and state senator, assails Arizona's governor for not calling a special session of the Legislature. Six "urgent needs" are listed by the senator to support his argument.

Page 3B. Regents' Treasurer Says Addonizio has refused to waive immunity before a federal grand jury and has pleaded the Fifth Amendment against self-incrimination in refusing to answer questions of the grand jury. Each of those actions calls for the ouster under state law of a public official. The constitutionality of the Faulkner Act remains untested and Sills has said he did not want to take any action that might jeopardize the federal investigation into the Addonizio administration. The Faulkner Act could apply also to Chief Municipal Judge James del Mauro of Newark, who was summarily suspended from all assignments by Chief Justice Joseph Weintraub of the New Jersey Supreme Court for having invoked the Fifth Amendment in refusing to answer questions of the federal grand jury on Wednesday.

District Judge Ralph Devita of Union county walked into the state police barracks at Princeton Thursday morning and surrendered oondl Purchases tudied tmf Ji.of. til 1 "-'j FILM'S SHOWING BANNED. The Apache Drive-In Theater has been permanently enjoined from showing the film 'Lysistrata, unless the theater can keep the movie from being seen from Benson Highway or by persons living or visiting near the theater. Page 15B. The state attorney general's office is looking into possible interest-free "loans" to Valley National Bank by Arizona's universities, the treasurer of the state Board of Regents said yesterday.

Treasurer Norman G. Sharber made the statement in the wake of charges filed in Coco-ninio County Superior Court last week by a firm of Flagstaff lawyers accusing Flagstaff city officials of making an illegal loan of more than $2 million to the VNB. According to the Associated Press, Flagstaff city officials and officials at Arizona State University 'and the University of Arizona said in response to questions that the bank bought bond issues from them, but they refused to comment on whether the money received was then deposited in the bank at no interest until needed. UA President Richard Harvill said last night he knew nothing of the charges "or White House Visit President Nixon walks through the Whit House doorway with former President Lyndon B. Johnson yesterday after the two had breakfast together.

Johnson, and later several other elder statesmen, advised Nixon on foreign policy and violence in America. (AP to a bribery indictment found on Wednesday by a statewide grand jury. He was taken to Trenton where he pleaded innocent before Superior Court Judge Frank J. Kingsfield, who set bail pending trial. Devita is charged with having offered a $10,000 bribe last month to Somerset County Prosecutor Michael R.

Imbriani in an attempt to fix the case of two Union County men. The pair, Michael Guida, 39, of Elizabeth, and David Tenney, 41, of Matawan had been indicted in Somerset County for possession of burglar tools, bookmaking and attempted bribery of a policeman. Guida is described by police as a major figure in Elizabeth gambling which is reputedly controlled by the Mafia "family" of Simone Rizzo "(Sam the Plumber)" DeCavalcante. tax credits for the parents of college students. In the former were two major exceptions to the repeal of the 7 per cent investment tax credit.

The Williams motion to strike all these Bridge 13B Comics 10-11C Crossword 5D Editorial 18D Financial 16-17B Good Health 9B Horoscope 8B Mostly Hers 1-7C Movies 9C Pub. Rcc 6D Radio-TV 11C Sports 1-3D House OKs Voting Bill; Rights 'Defeat' Seen whether any question has been raised anywhere." "But I do know," he added, "that the University of Arizona does not keep any money lying around that is not required for current use. We invest it as quickly as possible so it can draw interest on a short-term basis for use when it is needed." Earl Bimson, president of Valley National Bank, was in Tucson last night to address the Valley National Bank Men's Club at a dinner at the Elks Club. He told the Star he had not been contacted by any of the officers or agencies who have issued statements. "It is impossible for me to comment without knowing the specific criticisms," he said.

Bimson said the Valley National Bank has attempted to help Arizona communities and educational institutions to grow by buying their bonds when no one else was willing to give them the money "because of the low interest limitations." The Valley National Bank recently purchased the Pima College bonds so construction could begin on the junior college on the west side of Tucson. The AP quoted the board of regents treasurer as saying, "The matter has been submitted for study and opinion to the attorney general, and the board of regents does not feel it is proper to comment until the attorney general has had the opportunity to review the facts." Sharber refused to answer any questions on possible no-interest loans to VNB. William Hawes Smith, vice president for business development at the Tucson main office of VNB, said he has no idea what university bonds are involved. "We have purchased so many of them that it would be impossible to say," Smith added. Atty.

Gen. Gary Nelson was out of Phoenbc and unavailable for comment yesterday, but his office confirmed it was looking into possible no-interest loans from pubic bodies but would not say which bodies were involved. Army -Not Individuals-Blamed ASU Student Tells Of 3 Atrocities me New Vor Tlmej Newj Service Assn. for the Advancement of Colored People, as a "cataclysmic defeat" for the civil rights movement. WASHINGTON The House of Representatives, in what was interpreted as a major setback by leaders of the civil rights movement, voted Thursday by a narrow margin to terminate the 1965 Voting Rights Act.

In place of the 1965 law, which was designed to register Negro voters in Southern states, the House voted to accept an administration bill that proposes a "nationwide" approach to the problem of voter discrimination. The administration substitute was adopted by a 208-to-203 vote as the White House, with intensive last-minute lobbying, managed to keep virtually intact its Republican ranks in the House. The House vote was described by Clarence Mitchell, legislative director of the National fantry soldiers, who took ears, fingers and eyes as well as other parts of the bodies and strung them on their belts until they got too smelly. "Our soldiers also would keep scalps of prisoners and then carry them into villages on the barrels of their weapons for psychological reasons." Stout said he doesn't think it is unpatriotic to oppose the war in Vietnam and believes there will be mass slaughter there whether we leave now or later. "The difference is that fewer of our men will be killed the sooner the war ends," he said.

Stout is married, the father of two children, and works at maintaining a large apartment building while attending Arizona State University. He said he planned to tell Congress about the atrocities he said occurred in the Northern Corps areas I and II between September, 1966, and September, 1967, because he thinks the Army could have stopped them. "Most enemy prisoners captured by infantrymen paratroopers were tortured when questioned, and later most were killed," he said. "The dead were often mutilated by our In TEMPE (AP) A disabled paratrooper veteran told Thursday of seeing three atrocity killings in Vietnam and blamed the Army rather than individual soldiers. "The Army taught us that the Vietnamese people are subhumans gooks not to be considered as humans," Dennis Lee Stout, 24, told a Phoenix Gazette reporter.

Stout, who served with the 101st Airborne Division, said he saw 22 men in his company rape a 25-year-old Vietnamese woman for two days, then kill her. He said an infantry medic Injected an elderly Vietnamese man and his wife with a combination of swamp water, rubbing alcohol and merthlolate, killing them. Right up until the vote, Mitchell and his supporters on the floor had been expecting that the administration bill would be defeated, probably by a narrow margin. In the aftermath of the vote, Mitchell, as he talked to reporters in the corridor outside the House chamber, attacked the Nixon administration, and the President in particular, with a bitterness that portended a decisive split between the administration and civil rights leaders. The vote, Mitchell said, was engineered by the President of the United States who instead of bringing the people together, had consigned (Continued On Tage 8A, Col.

7).