The Times Herald from Port Huron, Michigan • Page 2

PAGE 2, SECTION A THE TIMES HERALD Friday, June 30, 1972 Death Chamber Door Left Slightly Ajar stitutionally not with capital punishment itself so much as with the looseness of sentencing procedures. That is, the legislatures left it to judges and juries to choose to impose the death penalty in one instance of murder or rape and to Impose a Amendment for all crimes and under all circumstances. They were Justices William J. Brennan Jr. and Thurgood Marshall.

The three others, Byron R. White, Potter Stewart, and to a lesser degree, William 0. Douglas, quarreled con By BARRY SCHWEID 'Associated Press Writer WASHINGTON (AP) The Supreme Court decision outlawing the death penalty as it is now imposed leaves the door open for Congress or the states to write new laws that would be considered valid. But the door isn't open very much. The only reason there is an opening at all is that only two of the five justices in Thursday's majority seem to have concluded that capital punishment is prohibited by the 8th Chess Champ Wants More $, Report Threatened With tive bodies may seek to bring their laws into compliance with the court's ruling by providing standards for juries and judges to follow in determining the sentence in capital cases or by more narrowly defining the crimes for which the penalty is to be imposed." But even Burger had to conclude that, "since there is no majority of the court on the ultimate issue presented in these cases, the future of capital punishment in this country has been left in an uncertain limbo.

"Rather than providing a final and unambiguous answer on the basic constitutional question, the collective impact of the majority's ruling is to demand an undetermined measure of change from the various state legislatures and the Congress." President Nixon, while volunteering that "any punishment is cruel and inhuman which takes the life of a man or woman," expressed hope the ruling will not prohibit the death penalty for such federal crimes as kidnaping and hijacking. Justice Lewis F. Powell in his dissent, wrote that the decision not only wipes out all 600 death-row sentences in the nation and laws in 39 states, but denies to Congress and all 50 legislatures "the power to adopt new policies contrary to the policy selected by the court." rS faWiiiiiif lesser sentence on another defendant for a similar crime. White said that as a result the odds are very much against execution. "When imposition of the penalty reaches a certain degree of in-frequency, it would be very doubtful that any existing general need for retribution would be measurably satisfied," he said.

Stewart said: "I simply conclude that the 8th and 14th Amendments cannot tolerate the infliction of a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed." Put another way, Stewart said the death sentences before the court "are cruel and unusual in the same way that being struck by lightning is cruel and unusual." Douglas, meanwhile, said the 8th Amendment requires legislatures to write criminal laws that are "evenhanded, nonselective and nonarbitra-ry" and requires Judges "to see to it that general laws are not applied sparsely, selectively and spottily to unpopular groups." Chief Justice Warren E. Burger, one of the dissenters, took heart in the Stewart-White position. He said: "Since the two pivotal concurring opinions turn on the assumption that the punishment of death is now meted out in a random and unpredictable manner, legisla Many Officials $125,000 purse and 30 per cent of the receipts from the sales of television and film rights already agreed to. The Icelandic federation was reported seeking a compromise in negotiations with Fred Cramer, former president of the American Chess Federation, who is acting as Fischer's advance man. The Icelanders said they have already spent about $200,000 on preparations, and if they meet Fischer's demand they can't break even.

The gate receipts probably will be considerable. Matches will be played three to six days a week in a sports palace with seats at $5 each. And the series is expected to last six months. Euwe said he didn't expect Death Sentence Lifted Luclous Jackson, 25, Savannah, sits in his cell on death row at the State Prison at Reldsville, Ga. Jackson was convicted of raping a white woman In 1968 and sentenced to death.

Thursday the U. S. Supreme Court overturned his sentence in a split decision. Nixon Says He Sees 'Chance' For Paris Talks Fischer Related Story on Page 2B AMSTERDAM (AP) The president of the World Chess Federation has threatened American champion Bobby Fischer with blacklisting fol-i lowing reports he is holding out for a cut of the gate receipts from his World Series with Boris Spassky of Russia. Dt Max Euwe, the world federation president and vet-', eran Dutch grandmaster, said 1 Thursday night that if the American fails to appear Sunday for the start of the world chess championship in Reykjavik, Iceland, he i stands to lose his rights to play for the world title "not to-day riarrtAitoN outlook 30-Day U.S.

WUTM iyWAU For Hundreds: The Shadow Lifts 2j Voice Dire Words about what would happen next. "It's like having one foot out of the grave," said Curtis X. Davis, 25, a convicted murderer in Pennsylvania. "It's quite a relief." "They ought to let us out in the yard for our own Independence Day," declared Ernest James Tyler, 43, oldest man on Death Row at Washington State Penitentiary at Walla Walla. "As soon as they told me the news, I was running, hollering and shouting, 'I don't have to die, said James Fields III, 26, on Tennessee's death row.

'I felt like a kid after Santa Claus had just visited me." Nine death row inmates at Tennessee State Prison in Nashville were later allowed to spend a few minutes in the execution chamber. Eight sat briefly in the chair, but the ninth, Ernest Herron, wouldn't go near it. Scheduled to die three weeks ago, Herron stood outside the chamber gazing at the high voltage wires and padded wood chair. "To me this is By The Associated Press "They ought to let us out in the yard for our own Independence Day," rejoiced one Washington death row inmate upon learning that the U.S. Supreme Court had barred capital punishment as it is now imposed.

But if the news was generally welcomed in U.S. prisons, some public officials and law officers took strong exception to the decision handed down Thursday. Utah Atty. Gen. Vernon G.

Romney called the ruling "one of the most terrible decisions we've had out of the Supreme Court in years. It is probably the biggest judicial afterthought in history." Several officials predicted the ruling would have a major long-range impact on parole procedures. Legislators in some states said they would work to reinstate capital punishment, an option which the court left open under certain circumstances. Whatever the ultimate effect, the immediate reaction on death rows was cheering, elation and relief but also some measure of concern close enough," he said, "it makes me sweat to look at it." In Michigan City, several of the death row inmates were less than happy with the decision. "I had a better chance of winning an appeal with the death penalty," said Charles A.

Frith, 31, of East Chicago. "I don't care for the ruling," said George R. Brown, 40, of Hobart, on death row for nearly 15 years. "I can't live with the type of prisoners they have here now." Law enforcement and public officials gave varying reactions to the ruling. "I have long felt that the death penalty had not proved to be a deterrent to crime," said Washington Gov.

Dan Evans. "States that have had a death penalty have not had less crime than those states that have not had it." Mississippi Gov. Bill Waller commented, "I believe we can have better law enforcement with the death penalty as a deterrent it is valuable." He said he felt it was needed in cases of "horrendous crimes, in multiple slayings." Georgia Lt. Gov. Lester (Continued From Page One) He reaffirmed a May 8 offer to withdraw all Americans within four months in return for a supervised Indochina cease-fire and the return of American prisoners plus an accounting for those missing.

Terming this an excellent proposal, he added, as he has before: "The only thing that we have not done is to do what the Communists have asked and that is to impose a Communist government on the peoples of South Vienam against their will." To do so, he said, would "reward aggression," invite future encroachments and "dishonor the United States of America." At another point, Nixon again claimed success for his Vietnamization program while declining to say exactly when Saigon forces might be able to operate effectively without U.S. supporting airpower. "We expect, perhaps, some more North Vietnamese offensive," he said, "but I believe now the ability of the South Vietnamese to defend themselves on the ground, with the support we give them in the air, has been demonstrated." He said 40 per cent of all the tactical air sorties over South Vietnam are being flown by South Vietnamese. "The success of our air strikes in the North and on the battlefield, the success in turning this battle around, hastens the day when the South Vietnamese will be able to under This is the Nation's temperature and precipitation outlook for the next 30 days, according to the National Weather Service. Blacklist the Icelandic Chess Federation to meet Fischer's demand.

He added that it would have grounds for legal action against the American1 challenger if he didn't show up Sunday. "I don't like Mr. Fischer in our chess world," said Euwe. "He's a good player but every day we are getting another ultimatum from him like this." The young American has waged a relentless campaign to push championship chess toward the financial leagues hitherto reserved for the Nam-aths, the Hulls and the Sea-vers of professional sports. It is a campaign in which he gets no co-operation from the Soviet champions, who already enjoy the status of publicl heroes, well subsidized by their government.

take the total activity themselves," the President said. "I'm not going to put a date on it. I can only say the outcome of the present battle, how badly the North Vietnamese are hurt, will determine it, but I am very optimistic." Nixon said the action of Air Force Gen. John Lavelle in approving unauthorized bombing strikes against Northern targets "did not affect the diplomatic negotiations." But he said the forced retirement and demotion of Lavelle was proper and "will assure that kind of activity may not occur in the future." In defending his request for money to fund new offensive weapons programs, while seeking Congressional approval of his Moscow-summit arms accords, Nixon contended both countries understand the other will go forward with new weaponry pending hoped-for broader arms curbs. While discussing Vietnam, he philosophized about East-West negotiations in broad terms that apparently could be given broad application.

Speaking of talks with Communist leaders, he said: "I find that making a bargain with them is not easy and you get something from them only when you have something they want to get from you." In this vein, he said that's why he intends to continue bombing North Vietnam, mine its harbors and maintain a "residual force" in the South until prisoners of war are returned. ments for his summit trips to China and to the Soviet Union influenced his decision against any live-broadcast news conferences over a 13-month period. Here is how the point was developed at his broadcast session with reporters Thursday night: Q. Mr. President, this is kind of an in-house question, but I think it is of interest.

A. You would not ask an "outhouse" question, would Q. I am not sure what an outhouse question is. A. I know.

What is your feeling about these types of press conferences? A. I have to determine the best way of communication and also I have to use the press conference I don't mean use the pressbut use the press conference when I believe that that is the best way to communicate or inform the people I concluded that in the very sensitive period leading up to the Peking trip and the period thereafter and in the even more sensitive period, as it turned out to be, leading up to the Moscow trip and the period immediately thereafter, that the press conference, even "no-commenting" questions was not a useful thing for the President of the United States to engage in It is essential for a president to communicate with the people, to inform the press who. of course, do talk to the people, either on television or radio or through what they write, I hope perhaps in the future we can avoid the feeling on the part of the press that the President is antagonistic to them only this time but perhaps forever." Fischer was seen Thursday night at New York's Kennedy airport, but Icelandic Airlines said he did not board its flight to Reykjavik. When newsmen tried to question him his bodyguards fended them off. The next flight from New York to Iceland is tonight.

But Fischer in the past has refused to fly on the Jewish Sabbath, between sundown Friday and sundown Saturday. Informed sources in Reykjavik said that Fischer informed the Icelandic Chess Federation that he wouldn't play unless he got 30 per cent of the gate receipts. This would be in addition to his share of the Outlook Weather? O'U from NATIONAL WCATHCR SiRVICt, MO At. US. 0p(.

Of Commwct Ul Temperatures Port Huron Highest 68 at 12:00 Noon Today Lowest 4 at 12:00 a.m. Yesterday Yesterday Today 1 p.m 66 1 a.m 65 5 p.m 67 5 a.m 67 9 p.m 67 9 a.m 66 Midnight 64 Noon 68 Around The U.S. Albany, rain Albu'que, clear Amarlllo, cldy Anchoroge, cldy Ashevllle, clear Atlanta, clear Birmingham, cldy Bismarck, clear Boise, clear Boston, cldy Buffalo, rain Charleston, clear Charlotte, clear Chicago, clear Cincinnati, cldy Cleveland, cldy Denver, cldy Des Moines, clear Duluth, clear Fort Worth, cldy Green Bay, clear Helena, clear Honolulu, clear Houston, cldy Indapolli, clear Jacksonville, cldy Kansas City, cldy Little Rock, cldy Lot Angeles, cldy Memphis, cldy Miami, clear Milwaukee, clear clear New Orleans, cldy New York, rain Okla. City, cldy Omaha, clear Philad phia, cldy Phoenix, clear Pittsburgh, cldy Pt land, Ore. cleor 83 102 84 64 82 85 86 90 95 73 75 89 86 75 81 77 89 86 81 95 81 84 87 95 75 91 86 94 89 92 87 72 84 95 76 99 87 70 111 73 80 63 87 85 87 93 73 64 72 85 8 60 .52 63 62 1.10 55 .03 61 71 52 57 62 62 .69 72 .05 63 59 63 .07 61 .90 62 62 60 68 57 54 74 76 64 .03 71 .06 63 73 65 72 81 59 62 73 55 .98 71 62 66 .30 79 59 .27 56 55 62 60 60 56 53 53 7 A5 .80 Pt'lond, Me.

cldy Rapid City, clear Richmond, cldy St. Louis, cleor Salt Lake, dear San Diego, cldy San Fran, clear Seattle, clear Spokane, clear Tampa, clear Woihlngtcn, WWW i McGovern Sees Silver Lining In Credentials Panel Action I JK What's The Until Htnumi lla4 freiilln Nr l4.il.4- Cciuolf I rNJSU If I President Discusses News Conference Paucity Maddox attacked the ruling as "a license for anarchy, rape, murder." He predicted strong vigilante groups would form within five years. The Illinois Senate passed emergency legislation to keep 500 persons charged with murder from being automatically freed on bail. State Sen. Karl Berning asserted the decision means that the average citizen almost certainly will now have to arm himself." Philadelphia Mayor Frank Rizzo, a former police chief, termed the ruling "a mistake" but noted that it came from the nation's highest court and said, "The law abiding people will uphold the of the llrl rill Ken Brown, an official of the California Correctional Officers association, suggested the possibility of a national drive to amend the U.S.

Constitution, he said, "We're in kind of a state of shock" over the ruling. Jack Greenberg, director counsel of the NAACP, Legal Defense and Educational Fund, which argued against the death penalty in the Supreme Court, predicted there will no longer be any more capital punishment in America. He termed the ruling "a turning point in American justice and perhaps in the national attitude towards violence, crime and punishment." Court Rules On Pentagon Papers Case Facet WASHINGTON AP)-The Supreme Court Thursday ruled a federal grand jury may question aides of Sen. Mike Gravel, D-Alaska, about arrangements for publication of the Pentagon Papers. The 5 to 4 decision was written by Justice Byron R.

White, who was supported by the four Nixon administration appointees. White said the Constitution does not immunize either legislators or their aides from testifying at trials or before grand juries when their "legislative" functions are not under challenge. For example, White said, if a congressman or an assistant makes an illegal arrest or seizes the property or invades the privacy of citizen he cannot claim an exemption from questioning. Gravel, a critic of the Vietnam war, disclosed portions of the Vietnam war study last June at a midnight meeting of a Senate subcommittee. He later arranged for a publication of a four-volume edition by Beacon Press, the publishing arm of the Unitarian Universalis! Association.

At issue before the court was the scope of the constitutional provision that members of Congress "shall not be questioned in any other place for any speech or any The Senate, itself, stood with Gravel in arguing that the immunity prohibited a grand jury in Boston from questioning anyone involved with Gravel in arranging for the publication. Sens. Sam J. Er-vin and William Saxbe, R-Ohio, spoke for him ax ih court hearing last April. Rain or showers were forecast for the Gulf Coast states, southern Plains, Great Lakes and much of the Northeast.

It was to be cooler in the north central area and the Northeast. CL0UDYr McGovern said, and then added, "I think our friendship will survive." McGovern also responded to Vice President Spiro T. Agnew's criticism of the South Dakota senator's positions on marijuana, abortion and tax reform. McGovern said Agnew's comments should not be taken seriously, and the -senator added: "He's the President's hatchetman." On President Nixon's announcement the Paris peace talks would be resumed, McGovern said he didn't believe a return to the bargaining table alone would end the war. "But going back to Paris will accomplish nothing if the bombing continues," he said.

"I don't think much will happen. I think it's a political game." The California vote seemed certain to solidify McGovern's committee supporters behind a challenge to Daley and 58 other uncommitted Illinois delegates he controls on grounds they were selected improperly and underrepresent women, youth and blacks. The challengers include several McGovern supporters. The situation was further clouded by an Illinois circuit court ruling Thursday prohibiting any but the Daley delegates from taking those seats. The immediate impact of the California vote was to trim McGovern's first-place delegate total and increase his difficulty in wooing uncommitted delegates.

A new Associated Press tally, taking into account the committee vote, put McGovern's first-ballot strength now at 1,226.9, or 282.1 votes away from the needed 1,509. McGovern's own tally dropped to 1,333.75, or 175.25 short of a majority. A crucial question when the California case comes to the floor will be whether any of the state's delegates can vote. The Credentials Committee rules prohibited the state's 10 pro-McGovern members from participating, but the convention rules state that only persons whose places are challenged are barred. The McGovern backers will contend that the approximately 120 McGovern delegates who would serve, regardless of the outcome, should be allowed to vote; the Humphrey forces may challenge that contention.

In the committee debate, party regulars backing Humphrey contended that the mcGovern forces were ignoring the reform rules written by a commission luunched by the South Dakota senator. The Humphrey forces were accused of twisting that panel's proposals. The reform commission specifically permitted winner-take-all primaries in recommendations adooted as oarty rules. (Continued From Page One) political career" and blamed Sen. Hubert H.

Humphrey, his nearest rival and chief beneficiary of the ruling, for engineering it. "I couldn't possibly support a convention that would sustain this kind of shabby back-room dealing," he declared. "I wouldn't have any part of any convention nominee who would support this." But he tempered the assertion later when he told a news conference in Atlantic City, N.J., that his initial outburst "doesn't reflect what I want to say about this matter." "I don't want to make any threats," he said, and added that, "if the Democratic nominee is nominated according to the rules in a way I think is fair, I'll support him." The California decision upset McGovern's chances for a first ballot nomination and gave new hope to his rivals. Humphrey, calling the decision "only fair," said his own chances "have markedly improved" and criticized McGovern's reaction. "Anyone who would bolt or rush off in a huff has, may I say, very little regard for the convention and its procedures," he said.

Sen. Edmund S. Muskie's campaign manager said his man is "back in the race, very strong." Most Muskie supporters on the committee backed the challenge, though Muskie, himself, declared, neutrality. The challenge, filed by supporters of Humphrey and other candidates who ran behind McGovern in the June 6 primary, contended that the winner-take-all California law violated the spirit of party reforms, although the rules specifically permitted such a policy this year. In this mornings interview McGovern said he would go to the convention with either enough delegates for a first ballot victory, or enough delegates to assure a second ballot nomination.

McGovern repeatedly voiced confidence that the national convention would overturn the Credentials Committee's decision. "I know that decision yesterday will not be allowed to stand by any fair-minded person," he said. The senator called the committee's uc-tion "probably the dying gasp of a bunch of desperate old politicians." McGovern said he would not accept a vice presidential nomination. He was asked if he was still friends with Humphrey. "I haven't seen him for a few days," WASHINGTON (AP) President Nixon says the delicacy of setting up arrange- Rescuers Heading For Chichester LONDON (UII) A British navy frigate and a French weather ship sped to the aid today of British yachting hero Sir Francis Chichester, who messaged a search plane Thursday "I am wetk and cold." The Royal Navy frigate Salisbury broke off maneuvers with the aircraft carrier Ark Royal and joined the weather ship France II in heading for Chichester's yacht, Gipsy Moth V.

Chichester, knighted by Queen Elizabeth in 1967 for his feat of sailing round the world singlehanded, was in trouble and heading for Brest at the tip of France's Brittany peninsula after being knocked out of the Observer Singlehanded Transatlantic Sailing Race by illness. The Royal Air Force search plane that relayed his message today reported him off Spain's Cape Finisterre, about 400 miles southwest of Brest. Chichester, who had recently been ill with a blood ailment which affects the bone marrow and produces anemia, twice flashed with a signal lamp: "I am weak and cold." He also messaged: "Hope son and Anderson will meet me in Brest." His son Giles, 25, and Chichester's long-time yachting companion, John Anderson, had said earlier they expected Chichester to sail back to Plymouth, from where he started the race June 17. BLUE WATER AREA Mostly fair tonight, with lows of 55 to 60. Saturday partly cloudy and warm, with highs in the mid 80s.

Winds north to northwest 5 to 10 miles an hour today, becoming southwest 5 to 10 miles an hour tonight and 8 to 16 miles an hour Saturday. Chances of rain: Tonight, 5 per cent, and Saturday, 10 per cent. EXTENDED FORECAST, lower peninsula (Sunday through Tuesday) Partly cloudy and mild with a chance of showers Sunday and Monday. Highs 70-80. Lows in the mid-50s to 60s.

Around The State Alpena, fog Detroit, ptiy cldy Flint, cldv Orond Rapids, clear HougHton, cldy Hougiiton Lake, clear 75 56 73 64 ..71 62 73 61 55 71 59 Lurmng, cioy 70 60 Marquette, prly ddy Mmkenon, clear 7 60 Pension, foq fl JJ Sault Ste.Marle clear 82 50 lioveri Cit fc 7S 58 .03.