Battle Creek Enquirer from Battle Creek, Michigan • Page 1

NEWS AND ENQUIKEk Serving South Central Michigan BATTLE CREEK 15 cents THURSDAY, July 6, 1972 ity. iii I1 Jlisiate "HlikiA'W; vsSais-'rf fej-" kh'l i isli'i ii nil ItiiiNiv' iitwiiiilij il.l'iliv l' i i'Sli' iliil illliV. mm "i m-iiw i WWi -i! fi'ifi illilS'' -l! iii i i Ml the "Bonanza" cook, smiles The Court of Appeals restored to McGovern the full 271-vote California reversing the committee's vote to take more than half the number from him and apportion them to other primary candidates, chiefly Sen. Hubert II. Humphrey.

The court suspended the effect of its rulings until 1 p.m. today to give the high court time to act if it wishes. The Supreme Court has held only three special sessions in its history. McGovern forces announced Wednesday afternoon that the appeals-court action gave their candidate more than the 1,509 delegate votes needed for nomination. The Associated Press delegate count, which does not list officially uncommitted delegates who are leaning toward a candidate, showed McGovern with 1,436.65 votes.

But Humphrey was in no mood to concede. He noted that the Supreme Court had not yet spoken, and argued further that the convention itself would be the ultimate judge. The appeals court based its intervention on the conclusion that the party had ignored its own rules to the point where constitutional guarantees due process were violated. California law awarded all the delegates to the winner. The 2-1 decision overturned a U.S.

District Court which ruled Monday that the judiciary has no jurisdiction in partisan processes unless a clear constitutional principle is involved. The lower court found no constitutional question in that case. In the Illinois case, the appeals court was unanimous in finding that the party could reject Illinois delegates on grounds the selection did not conform to party rules. The 59 uncommitted Illinois delegates, led by Daley, were challenged on grounds they sure they don't disrupt the convention, which opens Monday. The Miami Beach City Council reversed an earlier decision and voted 4 to 2 in favor of letting demonstrators and other nondelegates camp in 36-acre Flamingo Park, five blocks from the Convention Hall.

In other developments: NBC News announced in New York that Alabama Gov. George C. Wallace has withdrawn from a special "Meet the Press" program Sunday featuring Democratic presidential contenders. McGovern, Humphrey, Sens. Edmund S.

Muskie of Maine, Henry M. Jackson of Washington and Rep. Shirley Chi-s 1 of New York are scheduled to appear. Both McGovern and Humphrey pledged separately to abide by the procedures of a Senate-passed bill limiting Turn to Page A-2 ili.il' 11 skyidck ei i Victor Sen Yung, SAN FRANCISCO (AP) "We wanted to stop the hijacking and stop it we did," said the FBI special agent in charge, describing how authorities stormed a pirated aircraft and killed two hijackers in a gun battle while passengers were still aboard. Officials said shots fired by one of the hijackers killed a passenger and wounded two others after federal agents charged aboard an intrastate Pacific Southwest Airline Boeing 737 taken over by two hijackers for six hours Wednesday.

'Certainly we're not pleased that three passengers were wounded," said Robert WO were chosen in a closed slate-making process and that they underrepresented women, minorities and young people. The committee voted to give the Daley contingent's seats to the challengers led by Chicago Alderman William Singer and civil-rights activist Jesse Jackson. McGovern workers and Jackson have held out the possibility of a compromise but have spelled out no details. The appeals court directed the district court to write orders blocking any action by Illinois state courts which might affect the ruling, and blocking any party action to take California delegates away from McGovern because of the winner-take-all primary. With the major presidential candidates resting and their lawyers active on the legal front, other significant political activity concerned demonstrators at Miami Beach, and the efforts to make ears The governors added to the list were John J.

Gilligan of Ohio, Patrick J. Lucey of Wisconsin and Marvin Man-del of Maryland. McGovern had previously mentioned as possible choices five Southern governors Reubin Askew of Florida, Jimmy Carter of Georgia, Dale L. Bumpers of Arkansas. Robert Wr.

Scott of North Carolina and John C. West of South Carolina. The front-running presidential contender was also said to have voiced private inter-e in Sens. Thomas F. Eagleton of Missouri and Abraham A.

Ribicoff of Connecticut. Earlier, McGovern had privately considered Sens. Wal 8 Sldin Teas McGovern revises convention strategy for WASHINGTON (AP) Opposing Democratic forces today asked Chief Justice Warren E. Burger to convene a rare special session of the Supreme Court in a political-legal tangle that carries with it Sen. George McGovern's renewed hopes for a first-ballot presidential nomination.

The Democratic party hierarchy and forces of Chicago Mayor Richard J. Daley are both fighting a U.S. appeals court ruling but for different reasons. The party hierarchy asked Burger to suspend the effect of the appeals court ruling, which overrode the party Credentials Committee to allow McGovern to recover 151 California convention delegates. The party brief claimed that the appeals court has "thrown the country into a constitutional crisis" by dabbling in the selection of delegates to the political convention.

Party lawyer John Kester told newsmen after the filing with the high court that the appeals bench went further than any other court has ever gone in the political arena. The Supreme Court, Kester sard, is being asked, "to restore the judiciary to its proper place." Kester pledged that the party hierarchy would obey the final decisions of the court, whatever thev might be. The Daley forces are seeking just the opposite effect, contending that federal courts should intervene in order to seat Daley and 58 other Illinois delegates ousted by the Credentials Committee. There was no indication when the chief justice might act. Whatever the outcome, said Democratic National Com-mittee counsel Joseph A.

Califano party leaders will "obey the law of the land." But commenting that "nobody controls a Democratic convention," he seemed to hint that the convention might flout a ruling it disliked. By GREG LeFEVER Dan Angel and Rep. James Heinze slated to be opponents in the GOP primary for 49th district state representative took verbal swings at each other today on the question of no-fault insurance. Although the two men took opposite sides in the issue, each said he was speaking in behalf of "the consumer." "I am disgusted each time I pick up a newspaper and read of Mr. Heinze babbling about his efforts regarding i ii mw'M i W'ifM i i jh; IIB ii i 'tiiiiiiii Ii iff wis amir.

AWi-fi; 1 rf''HM" Angei, WASHINGTON (NYT) Sen. George McGovern has all but abandoned his hope of enticing Sen. Edward M. Kennedy to join him on the Democratic ticket. Close associates said that the South Dakotan was "given reason" over the Independence Day weekend to conclude that because of his "sense of obligation to his family," Kennedy is adamant about not wishing to run for vice president.

McGovern, as a consequence, was said today to have decided against offering the Democratic National Convention a free hand in choosing his running mate if he is nominated next week for the presidency. A chilling record: 46 degrees overnight Heinze duel over no fault insuranc from hospital bed. (UPI Photo) moved in on the plane only after the hijackers refused to release the passengers until the ransom was handed over. "I saw two FBI men enter the plane," said Dr. Manuel Alvarez, 58, of Sacramento, a passenger.

"The first came through with his hands on his head, and the second came up shooting, blasting away with a shotgun." One hijacker "crumpled to the floor," said Alvarez. The FBI said the gunman had an automatic in each had but did not open fire. In the rear of the plane, the other hijacker had another automatic and fired at least three shots, the FBI said. The second hijacker went down almost immediately from FBI gunfire, Gebhardt said, and like the other was dead on arrival at the hospital. The hijackers also held the plane's five crew members.

In previous U.S. hijackings no attempt has been made to board a hijacked airliner while the passengers were still aboard. However, on May 9 Israeli soldiers stormed a hijacked Belgian airliner in Tel Aviv, killing Arab guerillas, wounding one and capturing a fourth. Three of the 95 passengers aboard were wounded and one died from a head wound eight days later. Wednesday's hijacking occurred at 1:10 p.m.

EST shortly after the plane left the airport in Sacramento on a flight to Los Angeles via Turn to Page A-2 'U-t: riiinH tfl Uibirii ymfM all ms! mH nil lii i iii ii! i i- i ii i ffll if I Ii! ii! i Si' ill i ii Hifiil IMiil': n' li lKi: li li'l I liiii'ii'- l-Siliiiii iii i i I tiii i 1 'I i i li'l', ,1 Lll' liillii! nr ir ff lw-wwtM i iim miHii i'i-; wi11! JJi.iW i i tH t'l htl 'i i.i i i SSi iii 'Cr-- i' illMJH Gebhardt, FBI special agent in charge. He made the comment before learning that one of the passengers had died. "But," he said in response to a reporter's question, "somebody had to make a decision." Three FBI men who had sneaked up under the fuselage of the plane rushed aboard after the hijackers refused to release 81 passengers, Gebhardt said. The slain hijackers had de-m a two parachutes, $800,000 and passage to Siberia shortly after taking the plane over in the air, officials said. Gebhardt said the FBI men warmer temperature through Friday.

The high today was forecast as 72 to 78 degrees and tonight a low temperature of 50 to 56 degrees. Friday is to be partly cloudy and warmer with a chance of afternoon showers or thundershowers. A high of 77 to 83 is predicted. The probabilities of precipitation are near zero today, 10 per cent tonight and 30 per cent late Friday. Winds will be variable under 12 miles per hour through tonight and southwesterly 10 to 20 miles an hour Friday.

Hi. iii Ei mMr' tf 'ill 'm nwm I. I i i Jack Frost apparently came back to southwest Michigan to celebrate the fourth and fifth. He came close to setting a record cold temperature the night of July 4 with a low of 49. But Wednesday night, he made it.

An all-time low of 46 degrees for July 5 was established Wednesday night breaking the 1906 record of 47. 47-. But the chilly evenings appear to be warming up at least for tonight and Friday. The forecast for southwestern Michigan predicts ermn No. 2 choice ter F.

Mondale of Minnesota, Gay lord Nelson of Wisconsin, Frank Church of Idaho and in the event that rifts in the party's solidarity at the convention might mandate the ciioice of an appealing centrist Edmund S. Muskie of Maine. For the first time, McGovern was reported to be considering the possibility of selecting someone from among the less well known members of the House of Respresentatives. He was quoted by an aide as having described as "really talented guys" Reps. Bob Eckhardt of Texas, John E.

Moss of California, Frank Thompson Jr. of New Jersey, Morris K. Udall of Arizona and James G. O'Hara of Michigan. driver and collect damages from him if his attorney can prove that he was blameless in the crash.

Under no-fault, the question of who did what becomes irrelevant. Each driver would collect enough money from his insurance company to cover at least the major part of his economic loss immediately, using the principle upon which workmen's compensation is based. Heinze today took issue with some facets of the no-fault concept. "The bill that did not come out of committee was one Turn to Page A-2 Today Stock Markets Television Today's Almanac Women's News B-7 A-U A-12 no-fault insurance," Angel, 32, of Marshall, said today. "Although his press releases present him as a champion of no-fault, he is, in fact, the single largest obstacle to its adoption." Angel criticized Heinze, of Battle Creek Township, for letting the current no-fault insurance bill die in the House Insurance Committee before the House adjourned for the summer.

"Such insurance was advocated by the governor, passed by the Senate and endorsed by nearly every major newspaper in the state," Angel said today. "No-fault needed only one vote to get out of the House committee, the vote of Mr. Heinze, who refused to give it," Angel said. ests:" "By his own admissions, he is general counsel to Wolverine Insurance Co. and has indicated he is working for two or three other agencies as well." "Insurance companies want to go much slower on no-fault because of the internal changes, including reduction of manpower that no-fault would bring," Angel said.

"Heinze is looking out for the insurance companies, not the public." The present insurance system is based upon "tort liability," which means that if two autos collide, one driver has the right to sue the other World no Only a week ago, McGovern was privately optimistic that he could somehow persuade Kennedy tc run with him, perhaps by giving the convention delegates free rein to select the vice presidential nominee in the expectation that they would draft the senator from Massachusetts. McGovern was said to be prepared now to suggest one or perhaps several names to the convention delegates as acceptable vice presidential nominees. Over the weekend, after studying the opinion surveys conducted by Patrick Caddell, a member of his campaign staff, McGovern broadened his list to include several governors and members of Congress. Angel compounded his criticism by claiming that Heinze has "vested interest" in the bill. "I recognize Rep.

Heinze's problem," Angel said. "On one hand, he realizes that no-fault is supported by the consumer. "On the other hand, he is tied to vested insurance interests that force him to play a dual role saying one thing and doing another," Angel said. "In the meantime, true no-fault insurance is not available to Michigan residents and we all must pay exorbitant insurance premiums to cover the cost of a system that delivers slow and inadequate compensation." Angel, a former Calhoun County GOP chairman, said of Heinze's "vested inter At an evening meeting of the convention's 2,500 delegates, Jackson, president of Operation PUSH (People United To Save Humanity) said to Wilkins: "I'm asking you to take on the challenge it's dangerous to become ingrown we'll become victims of our own ignorance." Jackson suggested that a "black on black summit conference" take place as soon as possible between the Big Five organizations the Congress of Racial Equality, the Southern Christian Leadership Conference, Student Nonviolent Coordinating Committee, the Urban League and the NAACP. Meanwhile, the delegates to the convention are preparing to deal with the many resolutions proposed since Monday.

Among the resolutions up for consideration is one seeking to ban a white from serving as national president of the organization and another seeking alignment with the Black Political Assembly. SI 1 mIIjm I Ii 1 I I I I I I'1 kA liiiiii. iii it! i Go to black summit? NAACP not sure i 1 t- tti hi 'cA-' ft 1 Y' 3 'H i tv-M if iS'irH iiii: "Tm. -jma. vi -iilfiK i(liii a mm -i; if wmymkiM tmim r- li S.i:',:l mm i iin, Vii, la A health researcher told a Senate subcommittee today that the soft contact lens was rushed onto the market without adequate testing.

He recommended it be withheld from the public until thorough tests can be conducted by impartial scientists. A-13. Navy fighter-bombers are concentrating on trying to blast open a pathway into Quang Tri City for advancing paratroopers. The planes attacked a row of bunkers along a main hih way, although not before the entrenched North Vietnamese had called for reinforcements. B-10.

A federal court judge has ruled that free-lance photora pher Ronald Galella had "relentlessly invaded" Jaccmehnp Kennedy Onassis' right to privacy. He ordered the photoera pher to stay away from the former first lady and her chU- Bobby Fischer made a full apology to Russia's Boris Spassky, allowing the world chess championships' first matr to be scheduled for Sunday. A-10. 1 match A study reports that even with the maximum disc allowed by state law, nuclear power plants pose no dan2 for Lake Michigan marine life. B-6.

0 danger HlV'illfiiitiMiiiilB'ih i DETROIT (AP) NAACP officials are not sure they'll accept a call for a black summit meeting to discuss united opposition to President Nixon's reelection. The summit call came Wednesday from the Rev. Jesse Jackson, Chicago civil rights leader, who said: "If President Nixon gets 20 per cent of the black vote, he's going to be unbeatable. If he only gets five per cent he's in trouble." Roy Wilkins, executive director of the National Association for the Advancement of Colored People, meeting in its 63rd annual convention, said Jackson was "very flat-tering and very complimentary," but added the decision rested with the convention. Jackson said the "Big Five" civil rights organizations of the 1960s came together and "when they spoke, the nation shook.

When they spoke, the White House doors opened." i' ijKihirff if 1 'lii'Wwi-ii 'i''li'v a1 C3f: A-8 Comics B-13 Deaths A-12 Editorials A-6 Sports B-2, 3, 4 f3 I the skyjacked Pacific Southwest Airline plane Wednesday. Mostly sunny and a little warmer. Details on A-12. SAN- FRANCISCO (UPI) Aaron Marcus, 12, of Sacramento, enjoyed a reunion with his grandfather Harry Marcus, right, after the youngster got off i.