Tucson Daily Citizen from Tucson, Arizona on May 2, 1963 · Page 46
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Tucson Daily Citizen from Tucson, Arizona · Page 46

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Tucson, Arizona
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Thursday, May 2, 1963
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Page 46
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THURSDAY EVENING, MAY 2, T U C S O N D A I L Y C I T I Z E N TEST CASE PAGE 49 Three Indiana U Students Indicted For Subversion BLOOMINGTON, Ind. -DPI-- Three student officers in the Indiana University chapter of the Young Socialist Alliance (YSA) were under i n d i c t m e n t today, getting the stage for one of the first tests of Indiana's 1951 anti-subversive law. It was possible the suit would be appealed all the way to the U. S. Supreme Court. A special Monroe County grand jury returned the indictment yesterday on the third day of its investigation of Cuban quarantine demonstrations on the Indiana campus last fall. Named in the indictments were . James Bingham, Indianapolis, a doctoral student in history and president of the YSA chapter; Ralph Leavitt, Indianapolis, vice president, and Tom Morgan, Terre Haute, an upper classman majoring in government, secretary. Leavitt, 25, and Morgan, 22, were missing. Leavitt left his Indianapolis home Sunday, presumably to return to Bloomington. Morgan withdrew from school March 6. He lives in the home of Bloomington attorney Donald K. Smith, who is defending an , IU drama student, Nancy Dillingham, on a charge of possession of narcotics. Bingham, 24, was freed oh $1,000 bond. Monroe County prosecutor Thomas Hoadley said Miss Dillingham was also a member of the YSA. She was slated for a court appearance today on the drug possession charges. Hoadley said Asst. Dean Thomas C. Schreck, a director of student activities, anc Dean of Students Robert Shaffer urged him to seek the indictments. Neither of the deans would comment but the IU news bureau issued a statement yesterday. "It would he inappropriate for the university to pre-try this test case before the court," the statement said. "Our own attorneys advised us some time ago that the statute in question is of doubtful validity. "We have cooperated fully with the prosecutor in this investigation. Our own officials have had no information that would establish commission of any overt act. If there is evidence of any overt criminal act on the part of those indicted, he will of course be interested in it when the prosecutor feels free to reveal it." Hoadley said he himself was not certain of the statute's validity. "But the law is on the books and now is the time to test it," he said. Hoadley said he harbored no political motives. "I'm just trying to fill out my term as prosecutor to the best of my ability," he said. The YSA is advised on its activities by Asst. Prof. Joseph Schneider, who, the university said, "does not particularly care for the opinion of the group." Campus regulations require that each student organization have an adviser. Schneider said he felt the YSA students "were entitled to a voice." Indiana Atty. Gen. Edwin Steers said he was asked by both Hoadley and the university for an informal opinion on the constitutionality of the anti-Communist statute. He said he could not give such an opinion, but cited a Pennsylvania case in 1956 in which the U.S. Supreme Court overturned the state court conviction of a person found guilty of conspiracy to overthrow the government. The grand jury, composed of five men and a woman, said in the indictments that the YSA was "the youth party of the S o c i a l i s t Workers Party." The indictments charged them with meeting March 25 "for the purpose of advocating the overthrow of the government by force, violence or any unlawful means." C a m p u s observers said Leavitt and Bingham were members of a special committee of 12 or 15 persons who started a protest march last October shortly after President Kennedy ordered the Cuban blockade. Dean of Students Shaffer said the university planned no legal action. He said the university had "cooperated fully" with the prosecutor. He described Bingham. Leavitt and Morgan as "very good students." "They're very maature and competent," Shaffer said. "This is nothing more than a test of this statute," Shaffer said. "It's never been tested.' DeRoot i£Sfi GET DE ROOT "Kills: Clean Rooli" In Your Sewer Lint Now S2.00 7 Ib. bai IOLO EXCLUSIVELY AT NAUGHTON PLUMBING SALES CO. 4226 S. 6th Ave. Ph. 2M-827! SNUFFY SMITH hillbilly humor in the CITIZEN FIRST COME - FIRST SERVED ! Massachusetts Won't Abolish Death Penalty BOSTON--(m--The Massachusetts House has killed a bill to abolish the death penalty in a night session vote which was a resounding defeat for the top Democratic leadership on Beacon Hill. The bill went down to defeat last night when a roll call vote of 124 to 108 struck r NX 17 JEWEL WATCHES YOUR CHOICE OF: MtLrTARY . DRESS - FASHION · SELF WINDING UK. GOtD - DIAMOND . NURSES . IADJES GENTS All thw« diff»r«nt priced wotche» now on ioU at one unbellevabla low prica of Little As $J Weekly out the enactment clause, reversing a previous House stand. The bill had passed the Senate. 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