Tucson Daily Citizen from Tucson, Arizona on May 17, 1967 · Page 1
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Tucson Daily Citizen from Tucson, Arizona · Page 1

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Wednesday, May 17, 1967
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VOL 95 -- NO. 115 TUCSON, ARIZONA, WEDNESDAY, MAY 17, 1967 60 PAGES--10 CENTS W -JBfc. ^^ Cook, Bowling Case By HELEN PASTERNAK Citizen Staff Writer Pima County will appeal to the State Supreme Court the reversal of the convictions of former State Reps. Sandy Bowling and Harold Cook on bribery and conspiracy charges. The Court of Appeals, holding that "influence peddling" was not a crime, overturned the Superior Court convictions in a ruling yesterday. County Atty. William Schafer III, however, said today that he plans to appeal the decision. ac- while state representatives in 1963 to obtain a Series 6 liquor license for the late Jerry Hanson for his Beachcomber bar at 6951 E. 22nd St. Each received two to five- Appeal Hermosfllo ** Patrolled By Troops Rioting Claims Life; 16 Injured year prison terms for bribery to a year for 1 a Cook and Bowling were cused of taking a §4,200 bribe and six months conspiracy. Bowling, whose term as state legislator still had six months to run at the time of his conviction, also was automatically removed from his office. Arizona laws prohibit any convicted person from holding a public office hi the state. Both men have remained free the outcome of their / ending appeal. On the conspiracy complaint, the Appeals Court opinion, by Judge John F. Molloy said that the language of the statute was vague and required an addition of a criminal connotation. "Unless certain conduct is singled out by criminal statute, conduct is not a crime no matter how reprehensible," the opinion held. State statutes, the opinion continued, do not require hearings on liquor license applications nor do they set stand- Continued Page 9 Schmid Plea To Again Quiz Initial 14 Panelists Denied By STEVE EMERINE Citizen Staff Writer A defense request to re-examine the first 14 potential jurors chosen for the Charles Howard Schmid Jr. murder trial was denied today, and questioning of a second group of prospective jurors began this afternoon. Defense attorney F. Lee Bailey made the motion shortly before noon, after questioning of the first group of 125 potential jurors -- which began a week ago today -- concluded with only. 30 of the 41 panelists needed having been selected. Bailey said he had neglected to ask the first 14 potential jurors certain questions aboui "prejudicial" aspects of the case. In denying the motion for re examination, Royiston pointed out the 14 could have been questioned on those points during their original interrogations. Bailey then asked that the trial's official record show "error by counsel" on that point. Royiston still has under advisement a defense motion for a mistrial on the ground that the Arizona Daily Star has three times printed prejudicial information on the case despite a request by Royiston not to do so. Bailey this morning introduced a copy of today's Star as evidence that the Star again had prejudiced potential jurors against the defense. Bailey and William H. Tinney Jr. are defending Schmid on a charge that he murdered 15- year-old Alleen Rowe on May 31,1964. When questioning of the first group of prospective jurors ended this morning, 115 of the 125 originally called had been interrogated. The other 10 were excused without appearing because of sickness and other reasons. Since only 30 prospective panelists were chosen from the 115 interrogated, it appears that 40 or 45 more persons will have to be interviewed to select the 11 -additional panel members needed. Court officials refused to tell reporters this morning how many additional prospects had been called for this afternoon. In making his ruling on Bailey's motion for re-examination, Royiston said: "I will deny the request for the interrogation of the first 14 on any matters that could have been gone into on the original interrogation. "I am not ruling at this time on whether the panel may be interrogated on any matters that have arisen since the tune of their interrogation," Royiston added. "I am not ruling on that at this time. "I am only ruling I will not allow you to go back and question the first 14 on matters they could have been questioned about at the time that they were questioned." Yesterday, Bailey attempted to challenge one potential juror on the ground that he had heard a tape-recorded interview with Schmid over the radio, but Royi- ston denied the challenge. "If your client makes radio tapes and they're broadcast, I can't disqualify everybody who hears them," the judge told Bailey. Bailey said he was not on the case at the time the tapes were made and that Tinney had not known of the tapes until after they were recorded. The tapes were broadcast last year and again this month on KCUB. HERMOSILLO, Mexico (AP)Army troops fanned out through this state capital in northwest Mexico Tuesday night to try to stop riots that have raged for the past four days, killing one person and injuring at least 16. Armed soldiers commanded by Gen. Luis Alamillo Flores, commandant of the Sonora State Military Zone, patrolled the streets to keep the crowds check. The National Defense Ministry said a paratroop battalion and other reinforcements would be flown from Mexico City today. The troops were called out after a mob of more than 500 burned two pickup trucks in front of the University of Sonora campus where university students have been on strike for 63 days, demanding the resignation of Gov. Luis Encinas. COLLEGE TAXING 'LOOKS OK' The students did not take part in the violence Tuesday night. Their leaders repeatedly ordered them over loudspeakers to remain inside the campus. They have disclaimed responsibility Reds Ring Vital Yank Fortress SAIGON (UPI) -- Three elite Communist regiments ringed a vital American fortress on the North-South Vietnam border today and repulsed U. S- Marine attempts to break through with tanks and infantry. But the Leathernecks vowed to destroy Vietnamese atta- for any of the recent rioting. Representatives of the striking students federation met with Alamillo Flores, who reportedly appealed to them to end their strike. But federation president Hilario Valenzuela said the strike would continue until the governor is ousted. Enemas will complete his six- year term Aug. 1, but the students want him to step down sooner. They have accused him of violating university autonomy by sending state police onto the campus after objections to th nomination of Faustino Fell Serna by Mexico's ruling PR party to succeed the governor. The Social Security Hospital announced the death of a 21- year-old mason injured in rioting Sunday when police and students exchanged gunfire at the Vincente Guerrero School and a band of more than 200 persons stormed a police station with guns, sticks and rocks. AND RESTRICTS L.B.J. House Panel Votes College Deferments the North ckers. The 3,600 North Vietnamese troops surrounded Con Thien after setting up their f i r s t surface-to-air missile SAM sites n the Demilitarized Zone, wo miles to the north, in hopes of breaking American air su- Dormitory Emptied Texas Southern University students in Houston lie down outside their dormitory after police stormed the housing areas during rioting last night. A policeman was fatally injured. (AP Wirephoto) WASHINGTON (AP) - The House Armed Services Committee voted today to continue draft deferments for college students. It also voted to restrict President Johnson's authority to move to a lottery style draft. The decision were taken as the committee moved close to final approval of a bill extending the Selective Service System for four more years. Chairman L. Mendel Rivers, D-S.C., said college deferments would be written into the law under the committee bill, instead of leaving the issue to presidential discretion. The Senate has a l r e a d y passed a four-year extension that recommends continued college deferments, but leaves the final decision to the President. The committee did not elimi nate the lottery system recom mended by a Presidential com mission and endorsed by John son, but said it could only b implemented i£ Congress has chance to veto it. periority. U. S. Marine jets smashed at the SAM sites Tuesday night. "The N o r t h Vietnamese Army wants Con Thien as a birthday present for North Vietnamese President Ho Chi Minh. They're not going to get it," 3rd Marine Division Commander Maj. Gen. Bruno Hoc!°»- muth told UPI. Ho will be 77 Friday"We'll pin their ears back and we have enough air and artillery to knock them out," Hochmuth said. But the Communists prevailed in Tuesday's fighting. Another casualty of the riots is not expected to live, the hospital said. A 12-hour strike called in support of the students Tuesday shut down more than 70 per cent of Hermosillo's stores. Seventeen persons were reported being held incommunicado in jail at Guaymas, the Pacific port 80 miles south of Hermosillo where the United States has a satellite tracking station. The director of the Guaymas newspaper El Diario said they were arrested at a protest meet- No Change In Forecast ing Sunday "because they tolc local authorities the truth about what is going on in this state.' EVERYBODY ~CALl 622-5655 /WAPTA^RWUHEIPM/ Cooler temp Tomorrow please? Okay, I'll go Down, two degrees. -- Mercury Control Fair weather is the order of the day, according to the U. S. Weather Bureau, at least for tonight and tomorrow. Afternoon temperatures should peak out at around 95. Yesterday's high reading was 97 degrees. Tucson's overnight lows remain pleasant -- and slightly warmer than the day time highs in such cities as Boston (58), Buffalo (53), Cleveland (59), and Toronto (60). Last night's low here was 61 and the low tonight should be identical. The temperature downtown at noon today was 88 degrees and the relative humidity of nine per cent. Full Weather Report, Pas* Blazing Police Guns Quell Houston Riot Hoover Links Carmichael With Reds WASHINGTON (AP) -- FBI Director J. Edgar Hoover has told a congressional committee that Stokely Carmichael has been in frequent contact with the leader of "a Chinese -Communist oriented organization." Hoover said Cannichael, "in espousing his philosophy of 'black power' has been in frequent contact with Max Stanford, field chairman of the Revolutionary Action Movement, a highly - secret, all- Negro, Marxist -- Leninist, Chi- nMe _ Communist oriented organization which advocates guerrilla warfare to attain its goiL" MESSAGE TO HANOI: 16 Senate Critics H O U S T O N , Tex. (AP) -White-helmeted police, firing as they ran, stormed a men's dormitory at Texas Southern University today and halted student snipers who created a no-man's land on campus. A rookie patrolman was killed and two officers and a student wounded. Police took 488 men students | to jail and worked to discover I which had fired the shot which | killed Lewis R. Kuba, 25, who i graduated from the police academy a month ago. Kuba was i shot between the eyes in the first assault wave against the | dormitory which sheltered the snipers' nest. Kuba died about 7'/ 2 hours I after he was shot. Four hours and 3,000 police I bullets after the first peppering of gunfire and the explosion of four crudely made fire bombs, officers secured the dormitory. They smashed down doors in their search for weapons and suspects, found one pistol, one 1 shotgun and one rifle. Mayor Louie Welch met this morning with police, the district attorney and officials of tht predominantly Negro school, where the administration ordered classes as usual. Welch said he believes there is a complete breakdown between the administration of Texas Southern and the student body of more than 7,000. "When that happens, you have anarchy, and that's what we had last night," the mayor said. Oppose U.S. Pullout WASHINGTON (AP) - Sixteen of the Senate's leading critics of the administration's war policy banded together today to tell Hanoi that they will "steadfastly oppose" any American pullout in Vietnam short of an honorable peace. Without moderating their criticisms of President Johnson's course, 14 Democrats and two Republicans prepared to make public a declaration aimed at convincing the North Vietna mese that no amount of dissent at home will result in U.S. withdrawal from the conflict. Thsy are saying that the alternative of negotiations is e v e r-intensiiied war. Their statement was approved in advance by Secretary of State Dean Rusk. Sen. Frank Church, D. Idaho, sponsor of ''the declaration, planned to make it public at an afternoon news conference. The declaration was being held open for possible additional signers. The list already includes such vigorous critics of Johnson's conduct of the war as Sens. J. W. Fulbright, D-Ark., chairman of the foreign relations committee, and Sen. Robert F. Kennedy, D-N.Y. Besides these and Church, other Democrats who have signed include Sens. Joseph S. Clark of Pennsylvania, George McGover of South Dakota, Frank E. Moss of Utah, E. L. Bartlett of Alaska, Lee Metcalf of Montana, Vance Hartke of Indiana, Gaylord Nelson of Wisconsin, Quentin N. Burdick of N o r t h Dakota, Stephen M. Young of Ohio, Wayne Morse of Oregon and Claiborne Pell of Rhode Island. Republican signers are Sens. John Sherman Cooper of Ken- Continued Page J Inside Today's Citizen Dr. Alvarez 31 Bridge 29 Comics 21 Crossword Puzzle IS Deaths 40 Editorials 24 Financial News 36-37 Movie Times 20 Sports 25-28 TV-Radio Dials 19 Woman's View 13-15 It was the second riot in a week at a predominantly Negro college. Students seized temporary control of the campus at Jackson State College at Jackson, Miss., last Thursday. Students pelted police and drove them back with a barrage of rocks and bottles and burned barricades and looted at least one Jackson store. The Jackson outbreak was set off by the attempt of a Negro officer to arrest a Negro driver on charges of speeding through a campus street. The Houston riot began about 10:15 p.m. Tuesday when Patrolman Robert Biayiock, 25, and his partner joined two criminal intelligence officers in surveillance duty at a rally on campus. Some 125 students were gathered to hear a talk by a student recruiting others for a candlelight demonstration a a city dump which resident Ne groes want closed. During the speeches, someone hurled a watermelon at hi police car, Biayiock said. When the officers yot out all of th students melted away except one. He was identified as Douglas Wayne Waller, 21, who, police said, had a .22 caliber revoler in a shoulder holster. Biayiock summoned another police car, which took Waller to jail. The patrol reported and as the car cruised past the U- shaped group of men's dormitories, it was struck by rocks and bottles. The street was dark because lights had been knocked out in earlier demonstrations, so the officers parked their car with its headlights shining toward the dormitory. The policemen crouched behind their oar. Biayiock said he saw a muzzle poking out of a second-floor window of the dorm. He heard a shot and discovered that he -vas wounded in the thigh. Informally Declared Legal By JON KAMMAN Citizen Staff Writer The state attorney general's office today informally declared legal the tax levying plans of the Pima County Junior College District which had been challenged by the Board of Supervisors' attorney. William Eubank, chief assistant to the attorney general and legal adviser to the State Junior College Board, said the practice being questioned here by Robert N. Hillock is used by the state's other junior colleges. Hillock is adviser for the supervisors, who are responsible for collecting the school's taxes but have no authority to review the college's budget. At issue is a plan to set -a property tax levy at about 40 cents per $100 of assessed valuation to finance the new school's operation and provide extra funds Tor building. The school also will ask voter approval on a bond issue in October for major construction. Hillock contends that no other school board has the authority to collect taxes for capital outlay and spend the funds without direct voter approval. He says the laws governing junior colleges are unclear on whether it would be legal to inc l u d e c a p i t a l outlay e x - penditures in an annual budget and levy a tax accordingly. "I don't think they (the school board) can levy for capital outlay except to pay off bonds that have been approved Biayiock and his companions returned about 15 rounds. His companions radioed for an ambulance and Biayiock walked a block to meet it. By this time police had sum moned all available units to the scene. Eventually there were 600 officers on hand. by the voters," Hillock said. Hillock, after learning of Eubank's opinion, said he will confer directly with the attorney general before recommending that the supervisors proceed with collection of taxes for the school. "I'm not saying he's wrong, but there are varying interpretations of the law, and there's still a question in my mind," he said. "I don't know what view the courts would have of this," he added. Junior College Board President Jacob C. Fruchthendler said today the board is awaiting a formal opinion from the state attorney general confirming an opinion already rendered by the Pima County Attorney. "Obviously, Mr. Hillock, who I might point out is not the junior college board's adviser, Continued Page 9 TotalVictory Concept Groiving, Poll Shows NEW YORK (AP) -- For the first time more people want "total victory" in Vietnam than want a supervised withdrawal by both sides, according to a sampling of public opinion by the Louis Harris Poll. The public opinion poll published Tuesday also showed continued widespread support for the administration's conduct of the war and a growing conviction it will last a long time. Those asking for a military victory totaled 45 per cent while 41 per cent of those polled asked for withdrawals under United Nations supervision. In February total victory was favored by 43 per cent and last November by 31 per cent. .The poll found 72 per cent of those queried supported President Johnson's policies, up 2 points since February, but 5 points lower than last November. The belief that Vietnam will be a long war increased from .71 per cent in February to 81 per cent now, the poll said. The number who feel the bombing of North Vietnam vjill help end the war dropped from 61 per cent in February to 55 per cent now. Twelve per cent said they thought the bombing was delaying an end to the war, up 4 points since February.

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