The Ithaca Journal from Ithaca, New York • 28

Thursday, July 26', 1973 28 ITHACA JOURNAL 5 Charged in Killing Plot To Appeal Bomb Ruling America; Civil Liberties Union, which represented the plaintiffs, might be the dismissal of cases against persons facing courts-martial for refusing to bomb 1,. i 1 "4" 4 1 ..1.:1 i ,1 I t7 ,.4 si, 9 'L S' i i' A i F-41. iv Ow) 'N' f. -4 rre'4'''' 11. 0-- 144', A 1.

:4 .110, 1 465, 4,....414 1 el I 1164 LeSueur Rawson McDonald Keen requirement that no American lives can be risked and that no American taxpayer's dollars can go to a military effort that has not been approved or authorized by Congress," she said. The unprecedented decision came exactly three weeks before the Aug. 15 date by which President Nixon previously agreed to stop the bombing raids after both houses of Congress voted to cut off funds. One effect of Judd's order, according to a lawyer for the Cambodia. The lawyer, Burt Neuborne, cited the case of Air Force Capt.

Donald E. Dawson, who is under charges for refusing to fly 1 4410r bombing missions over Cambodia on June 19 and 20. JUDGE ORRIN JUDD iLl REP. ELIZABETH HOLTZMAN Big Win for Freshman Democrat and a ship base. The defendants are: Fireman Apprentice Timothy W.

McDonald, 19, of Lansdale, described as the initiator of the plot and the first one arrested Wednesday; and Seaman Apprentice James J. Mc Gough, 18, a British citizen of Rohnert Park, Calif. Both were arrested on the island. payment on a larger sum as part of this planned assassination," Edwards said. The FBI emphasized that it was still pursuing leads in the two-monthold investigation.

All five are stationed on Governor's Island in New York Harbor, where the Coast Guard operates its Third Division headquarters, a training station NEW YORK AP) The 1 federal government has filed a notice of appeal to overturn a court decision that calls the U.S. bombing of Cambodia unconstitutional and orders it halted. Hours after the ruling was announced Wednesday, U.S. Atty. Robert A.

Morse said appeal papers were being prepared and that he would seek a stay of the order that takes effect Friday. He said the case would be carried to the Supreme Court if necessary. In Washington, the White House had no immediate comment. The permanent injunction against bombing and other military activities in Cambodia was issued by U.S. Dist.

Court Judge Orrin G. Judd in a suit brought by Rep Elizabeth Holtzman, and three Air Force fliers. Judd said that because Congress had never voted its approval, the government lacked the necessary authority "to order military forces into combat in Cambodia or to release bombs over Cambodia." Rep. Holtzman, a freshman Congresswoman, said in Washington that she was "extraordinarily pleased" by the decision. "It reasserts the constitutional NEW YORK (AP) The FBI plans to continue its investigation of alleged narcotics trafficking and other activities of five young Coast Guardsmen accused of trying to hire a killer to eliminate a Coast Guard investigator.

Described Wednesday as handlers of small amounts of LSD, marijuana and cocaine, the five enlisted men were arrested and charged with comspiracy to commit murder and consiracy to prevent a Coast Guard agent from performing his duties. The Coast Guard said the men had been under investigation since June. The maximum penalty upon conviction for the murder charge is 15 years in prison; the other charge carries a six-year maximum sentence upon conviction. Each guardsman was held in $50,000 bail by U.S. Magistrate Charles Hartenstine pending an Aug.

3 hearing. "This was not a prank," said Asst. U.S. Atty. Thomas Edwards, noting that three of the defendants were arrested in a Greenwich Village restaurant Wednesday after they allegedly gave $100 to an FBI agent wired for sound, who posed as a professional killer.

The trio was arrested immediately. "The money was a down when I get to the office, I spend the morning in committee meetings and the afternoon either on the floor or here in the office) and I usually don't leave until 9 p.m. "When I relax I like to go to the beach! got 45 minutes in last weekend, the first time in six months." She likes to play tennis, go riding and to movies, but now she spends most of her weekends at home taking care of matters affecting her district. Cellers twiceonce in a primary and again when he ran as an independent in the election. When she came to Washington she set her sights on the Cambodian bombing.

"I felt very strongly about this and it (the suit) was not a decision made lightly. I wanted to satisfy legal questions about it first before I brought it," she said. She was joined in the lawsuit by three Air Force men based in Guam. If she does buy a bottle of campagne to celebrate the ruling, it would be a considerable break in her normal routine, she said. "My day begins around 9 a.m.

WASHINGTON (AP) Rep. Elizabeth Holtzman has been in Washington less than seven months but already has taken on The White House and won the first round. The freshman Democrat from New York City brought suit against the Nixon administration's bombing in Cambodia. Wednesday a federal judge ruled in her favor, granting an injunction against further military operations there. "I'll probably buy at least one bottle of champagne" to celebrate the decision, said the 3I-year-old Brooklynite in an interview.

But, she remarked, "the decision is not surprising in that no court has found the president has the right to start a war without congressional approval." U.S. District Court Judge Orrin G. Judd ruled that without congressional approval, the bombing was illegal. The government has announced it intends to appeal the order, set to take effect on Friday. "The only way I see the court (2nd U.S.

Circuit Court of Appeals) can rule in the government's favor is that this is a political question on a part of the Indochina war," she said. Miss Holtzman won her congressional seat by defeating powerful incumbent Imanuel Governor Has Operation PORTLAND, Ore. AP Oregon Gov. Tom McCall's prostate gland was removed by surgeons at the University of Oregon Medical School after pathologists determined a glandular tumor was malignant. Dr.

Clarence Hodges, attending surgeon, said McCall's health appeared generally excellent and that there is no evidence the malignancy had spread. The surgeon said after the Tuesday surgery he would recommend McCall recover at home for about three weeks after leaving the hospital. NEW YORK i AP Standard and Poor's 500 Stock Index: Net High Low Close Change 425 Industrials 124 50 121 20 12324 1.82 15 Railroads 36.21 35.50 35 96 .22 60 Utilities 53.92 53 10 53.42 .01 500 Stocks 110.76 107.92 109.64 1.50 fli 11111NE an A STATE If 11 IL 012 11,,1012 0 ri A ENO A 0 fl.1111 1-r 1 1 ro)11-7' 1 it4. I ,.....1. ,.1 i mg .4 ilk 0- 7.111,2"71.49.allnoarsairAlr.., at a ot A I ....64.11.

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