The Los Angeles Times from Los Angeles, California • 103

IrtSLWltHZimtt 5 The Nation 1 y' si The State EDUCATION 'II ll If- A I jr- COURTS .11, i Classes at Last mm- mm- listed; A "Sl AV mmmfymmmmmam j-v fV SS lis. i-rTf PROBLEMS San Francisco State College President Robert R. Smith tells newsmen that classes would continue despite student disruptions. in Wlrephott Death Penalty The convicts were not surprised when word spread along San Quen-tin's Death Row that the State Supreme Court had upheld Calif or- ilia's death penalty. Said Associate Warden James W.

L. Clark: "They didn't really think the state would capital punishment at least not the ones I talked to." However, the despair evidenced by the 85 felons 84 of them at San Quentin and one woman at Corona-may not be completely justified. In its 4-3 decision so knotty that it required four separate written opinions constitutionality of the execution law was upheld, but by a vote the court reversed death penalties of two Southern California men on the grounds that prospec-' tive jurors were improperly excused because of their opposition to capital punishment. Executions Stayed At the same time, the court said it now will examine individually the cases of all other condemnedprisoners, whose executions have been stayed pending determination of various issues. As a result, it is conceivable that many death penalties may be reversed in the light of the new holding on jurors and their attitudes toward the death penalty.

The court's prevailing opinion was by Justice Louis H. Burke, Justice Stanley Mosk and Raymond L. Sullivan concurring. Said Burke: "The issue here presented is whether the death penalty and the procedures followed in imposing it are constitutional, and not whether it should be retained or abolished in California. Retention or abolition raises a question of legislative policy For the third time in a single semester, a New York City teachers strike had been settled and more than a million pupils were back in their regularly scheduled classes.

But the settlement seemed tenuous at best: Even as 55,000 teachers returned to their desks at some 900 schools, there were new rumors of discontent. Said one Board of Education official only hours after the 10-week walkout, longest school strike, in the nation's history, was ended: "We've already been getting reports that some white principals have been getting 'suggestions', that they don't come back to. their schools in black, or integrated neighborhoods." School Entrance Blocked The rumor became a definite, rumble at a junior high school in the Ocean Hill-Brownsville school district of the Bronx, site of the first discontent that sparked the series of strikes, when demonstrators blocked the' school entrance to returning teachers. The Incident ended only when police, marching four abreast, made a path for the teachers and ordered demonstrators to leave or face arrest. There were no arrests but again classes were disrupted and most of the pupils at JHS 271' were sent home for another day' of noneducation.

Yet the incident, in the heart of the strife-torn Negro-Puerto Rican section of Brooklyn, was the only, major hitch as the United Federa- tion of Teachers (AFL-CIO) finally ended its strike against the Board of Education. The strike had begun in the same school district when local school officials, acting under the board's plan of decentralization of powers, refused to reinstate 79 -ousted white teachers. Ward of the State Under settlement terms, Ocean Hill's eight-school district became a ward of the state under trusteeship of Associate State Education Commissioner Herbert F. Johnson. In addition, a three -man watchdog committee was established to protect teachers' rights throughout the entire school system.

UFT President Albert Shanker blamed the JHS 271 demonstration on "outsiders," but termed the situation "very serious" and said officials will have to act more promptly should similar disturbances occur in the future. However the educators and admi-, nistrators added things up, it, seemed that- the. pupils themselves were the main losers, for in order to make up for lost time, they will be deprived of their normal holidays in the forthcoming semester. Under schedules announced, they must attend school on Nov. 29 the SUPREME COURT SOME ESCAPE, OTHERS The three miners being lifted by bucket are among 21 who escaped after series of explosions in a 700-f oot-deep soft coal mine near Farmington, W.

Va. But 78 remained trapped, and persons, below, sit in store awaiting word of their fate. ln Wlrephotoi PRESIDENCY EDUCATION New S.F. Clashes "Close it down, close it down, close it down." Thus went the chant of dissident students at San Francisco State College less than 24 hours after President Robert R. Smith ordered the campus reopened and only a few moments before squads of policemen marched in to put down still another student insurrection.

Some 300 strong, and mostly white, the students surged up a grassy slope from a rally held Thursday and streamed into three buildings adjoining the campus quad, overturning furniture, banging on ashcans and doing their "best to interrupt the few classes that were in session. The demonstration came at the height of a convocation of faculty members, being staged by Smith and broadcast over closed-circuit television to all parts of the campus, in which the president asked for a referendum by faculty members on his decision to continue classes. During the melee, one policeman was briefly taken captive, one striker was arrested and the mob was dispersed only when a plain-clothesman fired two warning shots into the air. Groups Walk Out During the convocation, which Smith had hoped would restore peace to his troubled campus, mem--bers of the Black Students Union and the Third World Liberation Front, the two organizations which admittedly have led the student riots, angrily stalked out. Said a spokesman for the BSU: "Until classes.

are closed, we will refuse to engage in this verbal nonsense." While the problems at San Francisco State remained unsolved, Gov. Reagan, a prime mover in getting that campus reopened, found new ones awaiting him at San Diego, where he flew' Friday for a meeting of the university regents. "Long Live Cleaver!" were shouts and. signs greeting him as he was welcomed by some 1,000 students. They referred to Eldridge Cleaver, the Black Panther minister of information whose appointment as a UC lecturer drew storms of con-.

troversy and student riots over the past few months. Wednesday, the which under our system of division of powers falls within the competence of the Legislature or electorate." The opinion held that the death penalty is indeed constitutional, does not constitute cruel or unusual punishment and that procedures giving jurors discretion to choose between RACIAL Charges of Bias in Pasadena Hearing on Ousting of Powell death or life imprisonment are valid. But then it took up the problem of applying to California cases the U.S. Supreme Court decision of June 3 in which the high court held that no death sentence can be carried out if it was imposed by a jury chosen by excluding prospective jurors "simply because they voiced general tions to the death penalty or expressed conscientious or religious scruples against its infliction." To Examine Each Case The court thereupon pledged to examine the case of each person now under sentence of death. All executions in California have been stayed by the court since Nov.

14, 1967, pending determination of the death penalty's constitutionality. In that time, population of Death Row has risen to a record number and at least two other men have received death sentences and are in the process of being sent to San Quentin. The last person to die the prison's apple-green gas chamber was Aaron C. Mitchell, who on April 12, 1967, became the 501st person legally executed since California assumed jurisdiction of capital punishment in 1891. students in Pasadena's high schools charged that the Pasadena school board "deliberately maintained and perpetuated a system of de jure racial segregation, capitalizing on conditions of de facto segregation in the three high schools in Pasadena." The Justice Department said Pasadena school officials had adjusted school assignments on a racial basis, causing some schools to enroll more Negro students than they would under a nondiscriminatory procedure.

The suit, brought by officials of the Department of Health, Education and Welfare after a three-week investigation last June, charged that Pasadena had "reneged on assurances of complaince." Said Engholm: "We have no idea what they're basing this thing on Sure, we knew we were having difficulty getting all our schools integrated, but we were working on it." RESIGNS Sister Mary Corita, Rose Kennedy: "I've had so much a son as President, two as senators, a son-in-law (R. Sargent Shriver) who's an ambassador perhaps God doesn't permit as much." TRANSPLANT HISTORY Dar-rell Hammarley, 56, and Everett Thomas, 47, became the world's first patients to receive new hearts for the second' time. Dr. Norman E. Shumway replaced availing heart he had transplanted into Hammarley at Stanford a day earlier.

A few hours later in Houston Dr. Denton E. Cooley gave' Thomas his third heart after his body began rejecting the second which he had received May SPARED GREEK Apparently succumbing to international protests, the Greek junta has spared Alexander Panagoulis, 30, who was to have been executed Thursday on charges of attempting to kill Premier George Papadopoulos Aug. 13." Panagoulii had asked the court for here Friday after Thanksgiving on Dec. 26, 27, 30 and 31, Lincoln's Birthday Feb.

12 and for four days during the normal Easter Holidayf And the pupils have' paid in other ways: One random example was that of Herman Frohberg, a husky 17-year-old who is a first-string guard Midwood High School's varsity football squad. Herman put it quite simply, pointing out' that football was more than a game to him and represented, through the possibility of an athletic scholarship, a route out of the Brooklyn slums. "I needed football to get into college," said he. "Now? Well, it's hard to put into words just what the strike did Meanwhile, New York itself was still far from the end of its labor As 'the teachers' strike ended, a walkout of attendants spread from one state mental hospital in Queens to others in Manhattan and the Bronx, disrupting care for some 11,000 Gov. Nelson A.

Rockefeller moved in immediately, promising "vigorous action" to deal with what he termed an "illegal jurisdictional, strike." Adam Clayton Powell Iff) Wlrephota would abide by any court decision. And he said he felt sure that fellow congressmen would not resent his having taken' 'the case to the Supreme Court, even though the House historically has contended that the courts may not even inquire into the way it judges qualifications of membership. QUIZ admission to the United; Nations? 7. What was the sum asked In damages for a suit filed against the Pasadena Board of Education on the alleged grounds of racial discrimination? 8. What was the country of Mali formerly called? 9.

What congressman, excluded in a misconduct vote, won Supreme Court approval for an investigation of his case? 10. What two student organizations led the demonstrations at San Francisco State College? (Answers on Page 7) 1 gift MA 3 Ifl u. Itlpill A Poetic View The outgoing President of the United States was in a nostalgic, even poetic mood. Almost in the words of Robert Frost, he said that he too had promises to keep, miles to go before he sleeps. "It is true we have come a long way," Mr.

Johnson told a meeting of the National Urban League in New York City. "We have made a lot of verbal commitments. We have even changed a great many lives for the better." Then, challenging his successor to carry bn the job of making America truly equal for all, he added: "But we are nowhere in sight of where we must be before we can rest." Mr. Johnson defined the goals of the immediate future as raising the Negro from his present economic level, which is about 60 that of whites, erasing the current poverty level, about one family in three; finding a job for the one teen-ager in four who is now unemployed, and cutting the nonwhite infant mortality rate, now roughly three times that of white babies. Standing Ovation Drama, too, entered into the Johnson presentation when, with a Churchillian line that earned him a standing ovation he ended his speech with the observation that: "So little have I done; so much have I yet to do." Across town, meanwhilek President-elect Richard Nixon was preparing to launch what he describes as a nonpartisan, youthful administration that "won't tip over a lot of furniture" in government agencies just for show.

From his hotel headquarters, Nixon launched a nationwide talent search to staff some 2,000 administration jobs with an emphasis on "brains, judgment, creativity and youth." Said Nixon: "I want an administration in which there is a constant percola- tion of new ideas up from these levels; in at every, level, the best minds in America are focused on the entire array of tasks confronting us." Nixon said he is soliciting sugges- tipns' from Republican governors, representatives, key party officials, university officials, heads of corpor- ations, foundations and professional and social organizations. Ends Florida Vacation Nixon was busy at work after an extended Florida vacation at Key Biscayne and offshore islands. Tanned and healthy, he 'seemed bustling and ready to get on with the job. He has set Dec. 1 for a deadline on reports from two major task forces that will report to him on labor-management problems and fiscal policy.

In addition, another eight are working on major problems with which he will be confronted, and hopefully they will offer some solutions. Resuming his tasks after nearly a week of reading and relaxing In the subtropical Bun, Nixon again made it known that he will not announce any major appointments until at least after Dec. v.v But the doors of his new administration, said Nixon, will be open to talent and imagination "regardless of party, race or section." 1 "I am reaching beyond the party structure," said he," "in order to find the best qualified people." An "atrocious example" of bureaucracy, was the opinion of the president of the Pasadena Board of Education. Nevertheless, the district stood charged with racial discrimination in the first such suit ever filed by the Justice Department on the West Coast, Said school board chief Joseph J. Engholm: "It's like a policeman's driving up to your car, arresting you and not telling you what you are being arrested for." Engholm based his objections mainly on procedure: that the U.S.

government had quietly joined in a citizens' suit against the Pasadena school system, one that asks damages for alleged racial discrimination. With the government as an added plaintiff, federal' funds could be barred to the Pasadena School District. The original plaintiffs three parents and their children, who are Men and Events A NEW LIFE Sister Mary Cor-ita K.ent, 50-year-old symbol of the "new nun," teacher and "artist laureate" of the ecumenical movement, has resigned from her order, the Sisters of the Immaculate Heart College, which she joined at 18. "My' reasons are very personal and very hard to explain," she said. "It seems, the right thing to do." Described as a pop-artist with a message, her silk screen prints have been described as coloring the world with joy, a sense.

of humor and love. ANGER DIES Film producer Walter Wanger, 72, died in New York. As a Hollywood starmaker," Wanger brought to the screen "The Sheik" with Rudolph Valentino. He starred Greta Garbo In "Queen Christina," Ingrid Bergman in "Joan Arc" and Susan Hay ward in "I Want to Live." His last film was "Cleopatra" in 1962 with Elizabeth Taylor and Richard Burton. Twice married and twice divorced, Wanger was sentenced to four months in jail in 1952 for shooting the agent of his actress wife Joan Bennett because, said Wanger, "he was breaking up my marriage." KENNEDY ANNIVERSARY Thousands walked past the grave of President John F.

Kennedy in Arlington National Cemetery Friday on the fifth anniversary of his assassination. His widow, Jacque- line Kennedy a 1 attended Mass in New York, and his brother, Sen. Edward M. Kennedy, visited his grave as well as that of his other assassinated brother, Robert F. Kennedy, who would have been 43 last Wednesday.

Said their mother, Mrs. The United States Supreme Court and the House of Representatives were clearly on a collision' course: Ignoring the predictable ire' of congressmen, the court agreed to consider whether Adam Clayton Powell had been unconstitutionally deprived of his House seat. The 59-year-old Negro congressman, excluded from the 90th Congress on grounds of misconduct in a vote taken March 1, 1967, was in a dentist's chair in his Harlem constituency when he heard the news. "Monumental," was his summation. "I've always been 'optimistic but now I'm extremely gratified." Powell, who won reelection to the 91st Congress Nov.

5, claims the exclusion order denied voting rights to his constituents and robbed him of hi3 right to represent them. But two lower courts have dismissed his suit for an order to regain his seat and a paycheck retroactive to the date of the exclusion order. Technically, Powell's claim for back pay alone is considered more than enough, to keep the legal controversy going until well beyond Jan. 3 when Powell is expected to offer himself, as a freshman representative in the new Congress. The flamboyant Democrat said he hopes his seniority of 22 years will be restored, as well as his chairmanship of the House! Education and Labor Committee, but indicated he NEWS 1.

How long did the recent New York City schoolteachers' strike last? 2. In which Western European nation is Inflation considered to be most serious? 3. President-elect Nixon had said he will appoint no major mem-' bers of his administration before what date? 4. The five white mercenary officers suspended last, week-were fighting for which "army? 5. What was the vote of the California Supreme Court to uphold the death penalty in the state? 6.

What nation was refused 1 State Supreme Court refused his appeal on a parole revocation and recommended that he be returned to state prison. displaying art Of her students. Tlm photo death at the regime's hands in order to justify his struggle against it. Under heavy guard, he was transferred to Aegina Island prison, 16 miles from Athens, presumably for life, sources close to the regime said. RED CHINA REJECTED Communist China was refused admission to the United Nations for the time since politics divided the country.

in 1949. Of the 126 U.N. members, 44 voted for Communist China's entry, 58 (including the United States) voted 23 abstained and Indonesia was absent. BAY LANDING A Japan Air Lines jet with 107 persons aboard splashed belly' down into the shallow waters of the foggy San Fran cisco Bay a mile short, of the International Airport runway. The 98 passengers and ll crew memDers eft through regular ana emergency hatches, boarded the plane's six ife rafts and were towed to Baiety without even getting wet.

Upi.