The Fresno Bee from Fresno, California • 4

be it Trustees Hold Murray's Fate At SF College THE FRESNO BEE October 2, 1968 SAN FRANCISCO 9)-The next move in the dispute over whether Black Panther George Murray may continue teaching English at San Francisco State appeared today to be up to the board of state college trustees. By an 8-5 vote last week, the 16-member board asked Dr. Robert R. Smith, new president of the school, give Murray nonteaching duties. Yesterday Dr.

Smith turned down the "request." When asked at a news conference what he would do if trustees gave him an "order" to reassign Murray, he replied: "Then we face a different problem, don't we?" Smith told the news conference the trustees gave no "exact basis for their request" Murray be re-assigned. Cites Causes He added that the board's concern "apparently stems from Mr. Murray's actions and statements outside the Murray, 22, is on probation for a battery conviction arising from an assault by Negro students on the college newspaper staff last November. The trustees' chairman, Theodore Meriam of Chico, informed by letter of Smith's decision, said: "If, in the opinion of the trustees, new factors are offered, of course they will consider the request at an early meeting." AAUP Protest One new factor was a gram to Meriam and college system Chancellor Glenn S. Dumke from the general tary of the American Association tion of University Professors, Dr.

Bertram H. Davis of Washington, D.C. "Action of this kind may constitute a violation of substantive rights of academic freedom and tenure and should not be taken without full due process Davis said in his telegram. This backed Smith's position: "George Murray was hired according to established procedures a and we have neither professional nor legal grounds to change his status." Slaying From Page 1-A sweater had been taken off the bus at Bakersfield for creating a disturbance and are in custody there. They were to be questioned today.

In Pool of Blood Police were called to the scene shortly after 9 p.m. and found the victim lying face down in a pool of blood in the center of the parking lot. Witnesses said Farris had just stopped his vehicle in the parking lot when one of the men approached him while the other waited nearby. The witnesses told the police they could hear no conversation but suddenly heard three shots and both men ran west from the parking lot to Vinegar Alley and disappeared. The witnesses said Farris got out of his car and staggered about 13 feet before falling.

At the hospital it was found one bullet entered his neck just below the left ear and the other entered the left side of his face. Although emergency surgery was performed at 3 o'clock this morning Farris never consciousness and died shortly before 5 a.m. Mrs. Margaret Farris, the victim's wife, said her husband, al heavy equipment operator, had been working in Modesto yesterday and probably had planned to stop off at the cafe for a meal before coming home. If robbery was the motive, police said, the killers failed.

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Bakersfield, California. 93308 (805) 399-3306 Fortas: Out Of Fight From Page 1-A Johnson's nomination of Fortas June 26. Senate supporters of John-, son's nominee to head the na-, tion's highest court failed Tuesday by 14 votes in an effort to shut off long-continuing debate. In a letter to the President, Fortas said that the continued efforts to secure Senate confirmation of his nomination, even if ultimately successful, would result in a continuation of attacks upon the The letter was at the souteased Supreme Court simultaneously with its delivery to the Presi-. dent at the White House.

The 58-year-old justice, apto pointed to the Supreme Court by Johnson in 1965, started off his letter by saying he had noted' the failure of the motion to end the filibuster in the Senate. New Term He coupled this with the observation that the new term of the court will begin on and that "I will, of course, be participating in its work as associate justice." "In view of these circum-, stances," Fortas wrote, "I ask you to withdraw my nomination as chief justice. "Continued efforts to secure confirmation of that nomination, even if ultimately successful, would result in a continuation of the attacks upon the court which have characterized the fi-. libuster-attacks which have been sometimes extreme and entirely unrelated to responsible criticism. "Attacks of this sort would be especially inappropriate and harmful to the court and the nation if they should continue while the court is in session, engaged in the adjudication of issues of great importance to the nation as well as the Fortas, whom Johnson had nominated June 26 to succeed Warren, told the President in his letter he did not want to provide the occasion for a situamarked by continuation of attacks on he court.

"My action in submitting this request for withdrawal should avert the danger that it will occur," Fortas said, "and I hope that my withdrawal will help to put in motion a process by which there will be an end to destructive and extreme assaults upon the court." Fortas said he the confidence Johnson had shown in his qualifications by nominating him for the nation's highest judicial office. He said he also wished to thank colleagues at the bar and in the law schools for their support and also members of the Senate who had supported him. "I pray that we shall see, in all of our nation, renewed dedication to the principles of fairness and justice and moderations tion, without which our democracy cannot continue," Fortas said. He added that it was in this spirit that he respectfully requested Johnson to honor his request for withdrawal of the nomination. The Supreme Court clerk said that Fortas had written the letter Tuesday, that it was typed this morning and that it was delivered by a secretary to the White House.

Newsmen were told that Fortas would have no further statement to make and that he was not available because he was observing Yom Kippur, the Jew ish holiday. Fortas' letter, in which he said he intends to continue as an observing Yom Kippur, the Jewassociate justice, also washed out Johnson's nomination of U.S. Circuit Court Judge Homer Thornberry of Texas to be a member of the Supreme Court. In submitting Fortas' name to the Senate, Johnson also nated Thornberry to take Fortas' place as an associate justice. Sen.

Strom Thurmond, R-S. one of the leading opponents of the Fortas nomination, was us quick to comment on Fortas' letter to Johnson. He said: "This is the wisest action Fortas has taken since he's been on the Supreme Court." "Wise Decision' Sen. Robert P. Griffin, R- leader of the anti-Fortas Republicans, said he thought Fortas made a wise decision.

"The chief justice of the United States should have widespread support among the people and in the Senate. In view of the deep division and controversy surrounding the nomination, it was a wise decision," Griffin told a reporter. Griffin also said he did not think President Johnson should send up another nomination, since "we are on the eve of a decision by the people concerning a new government." This was a reference to the fact that the presidential election to choose a successor to President Johnson will be held Nov. 5. Critics of Johnson would prefer that the next chief justice be chosen by the new president.

Senate Republican Le a de Everett M. Dirksen, of Illinois, whose shift away from his originally strong support for Fortas was considered a major blow to the nomination, commented that the justice "obviously must have come to the conclusion it (withdrawal) was the prudent thing to do." Sen. Philip A. Hart, who was floor manager for the move to win confirmation, said: "I regret it. I said all along he would have been a most distinguished chief justice.

Of course, I respect his judgment." Mansfield Surprised Senate Democratic Leader Mike Mansfield, of Montana, said he was taken by surprise by the Fortas move and "it would be improper for me to comment at this time." Sen. Howard H. Baker R- an opponent of the nomination, said the request for withdrawal "reflects well on Justice Fortas." Asked whether he thought Johnson would send up a newl nomination, Baker replied: very much hope he doesn't." Even before Fortas' dramatic letter of withdrawal his foes were confident that there would be no shifts from the vote, which was 45 to 43 to kill filibuster far short of the two-thirds margin needed to limit debate and bring the nomination to the floor. Dirksen said he did not know of a single man likely to change from his position. Press secretary George Christian had said last night, "We hope that the nomination could brought up for a direct vote He said Johnson believed the Senate would confirm the nomination "if the opponents would permit it to come to a Rusk From Page 1-A speak of a thaw in the cold war feels once again a chill of apprehension concerning Soviet purpose." "A large majority in the Security Council of the United NaItions: the governments of a great majority of the nations of the world) artists and intellectuals with a long record of friendship for the Soviet Union; even the leaders of some of the world's largest Communist parties--all have condemned the invasion and call on the invading powers promptly to withdraw," Rusk said.

"The United Nations has been told, in a singularly crude, phrase, not to stick its nose into the affairs of any of its members that happen to lie in eastern Europe within reach of Soviet armies," he said. Rusk posed a series of quesof Soviet intent, winding up by speaking directly to where Gromyko sat at the head of Moscow's delegation and asking: "When will the Soviet Union, whose international relations are subject to the U.N. Charter, make good on its own repeated promise by removing its occupying forces from Czechoslo-1 vakia?" "The nations of the world look to the Soviet Union for answers to these questions and for assurance that it is not seeking to place itself above the law of the charter. "Let us say very plainly to the Soviet Union: the road to detente is the road of the (U.N.) charte." Rusk repeated the long-held: purposes of president Johnson's administration in the Vietnam war. He pointed out that Johnson last March called off bombing of 78 per cent of the land and 90 per cent of the population of North Vietnam.

He recalled that the United States proposed in Paris talks that the demilitarized zone be restored, the neutrality of Cambodia and Laos be respected and that free elections be held. "We have restated our intention to withdraw our forces from Vietnam as the other side withdraws, a as infiltration stops and the level of violence thus subsides," Rusk said. "For our part, we are prepared to stop the bombing the minute we can be that this would lead to 2 Deputies Die In Copter Crash WHITTIER (AP)-A sheriff's helicopter crashed in the Rose Hills Cemetery in the Whittier Hills killing two deputies on board. The wreckage was found Tuesday in a wooded area. The bodies of Robert K.

Schnur, 43, the pilot, and Gary E. McCullah, 29, observer, were nearby. The deputies were members of the sheriff's Aerial Reconnaissance Ground Unit Support. Politics Kuchel Aide Backs Cranston For Seat By Richard Rodda Los Angeles County campaign McClatchy newspapers political editor SACRAMENTO Sid B. Levine, Republican campaig leader and longtime associate of U.

S. Sen. Thomas H. Kuchel, today endorsed Alan Cranston, Democratic nominee for the Senate. Levine, Beverly Hills attorney and investment banker, served on the executive co m- mittee with the responsibility for finances for Kuchel's mary campaign.

He was a classmate of Kuchel at the University of Southern California. The Southern California Republican said the conduct of Max Rafferty, GOP Senate nominee, in being "careless" with the truth, prompted him to swing to the Democratic side in the Senate race. No Consultations He said he did so without consulting Sen. Kuchel. "Sen.

Kuchel probably would have told me to keep my powder dry," he said, "But in view of what I have been hearing just had to say something." Levine has been identified with nearly all of campaigns during his public career. In 1962 he was chairman of the Cranston Plans To Push Kuchel Bills If Elected McClatchy Newspapers Service SACRAMENTO Alan Cranston, Democratic nominee the U.S. Senate, said here night if elected he will reintroduce "every single in field of conservation now rying U.S. Sen. Thomas Kuchel's name.

The candidate said in an on television station KTV-10 California will lose outstanding senator when Kuchel retires at the end of the after 16 years' service. Cranston said he would seek all of the appropriations build the dams and canals connection with and flood control projects sponsored by Kuchel. Great Leader "California has lost a great leader in that field," he said. During his Senate career Kuchel has been author of islation appropriating "billions" of dollars for projects in California. Cranston was asked whether he would support the nomination of Abe Fortas as U.S.

Chief Jutice. He said at first would have but stories about his summer lecture fees his role as White House adviser while on the court have given him second thoughts. Stop Bombing In his TV interview, Cranston restated his position on Vietnam, that he is for an unconditional halt in the bombing. But he said he would resume the bombing if the Communists did not respond in some way they have promised. He said would not require advance concessions from the Communists because you "can't trust their promises, anyway." He insisted the United States must take a chance to see how they will react.

Cranston, also in an interview, said he would be "very if. Sen. Kuchel endorses Max Rafferty, GOP nominee the Senate. Rafferty defeated Kuchel in the primary in June. Rafferty has wired Kuchel request for his endorsement so far Kuchel has not replied.

AUSSIE EXPLORER DIES DARWIN, Australia (UPI) Victor Claude "Nugget" Raymond, 90, perhaps the bestknown exployer-pioneer of Australia's outback bush country, died yesterday. He was also a character in the classis story of the outback, "We of the Never Never," by Aeneas Gunn. MUNICH THEOLOGIAN DIES MUNICH, Germany (UPI) Prof. Romano Guardini, a man Catholic theologian and reiigious philosopher, died last night. He was 83.

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Drug committee. He said Rafferty's recent explanation that one of his charges was based on an advertisement by Young Amerlicans for Freedom, a right wing organization, was the last straw. On top of that, he said, James W. Halley, GOP state chairman, said the Kuchel forces did not file any complaints with the state committee during the primary. Levine said there were no formal charges filed with the com(mittee but that multitudinous complaints were made.

The attorney said he was just getting tired of Rafferty "playing with the truth." Issues Statement The following formal statement was issued by Levine: moral citizen has his first to the nation rather than to a party. "For the last 16 years all the individuals in this state and naItion have been most ably represented by the knowledgeable and honorable Thomas 1 H. Kuchel. It is imperative that the representative from the largest state in the U. S.

Senate be a man of integrity and one who will deal in truth and base his decisions on proper research by a qualified and unbiased staff. My experience while actively engaged in the primary on behalf of Sen. Kuchel and now as a vitally interested citizen leads me to believe the continued reckless statements by Dr. Rafferty disregard the truth. "Taking statements out of context and bending the truth seem to be the Rafferty mode and complaints by the Kuchel campaign during the campaign were ignored by the staff of Max Rafferty and Mr.

Halley. am a Republican of long standing and I have never endorsed a Democrat. "I can and do endorse many Republican candidates, but cannot in good conscience do anything but state Dr. Rafferty is running on the wrong ticket. "I concur with Gov.

Maddox (of Georgia) when he says Rafferty should be running with Wallace. Based on this premise must endorse Alan Cranston for the United States Senate, and urge all concerned constitluents to, at this time, go to the polls and vote." AP Wirephoto SECRET SERVICE agents keep their arms outstretched around GOP Presidential hopeful Richard Nixon to keep him from being pulled off a speaking platform at Erie, Pa. Egypt Reports Nixon Says Hubert Foiling Israel Invasion Plan By United Press International Egypt foiled an Israeli plan for a surprise invasion from the Sinai Peninsula by taking aerial photographs of Israel's massed troops, Cairo newspapers said today. The newspaper Al Gomhouria and Al Akhbar failed to say when the invasion was planned but said the successful Egyptian photo mission forced Israel to call off the invasion. There was no comment on the Egyptian report from Israel.

The newspapers said they got their information from an army general and from the air force. Flight Ordered They quoted a spokesman as saying Maj. Hussein Ezzat was ordered to fly over Israeli positions in occupied Sinai after intelligence reports showed Israel was massing troops. When he approached the troop-massing area, the newspapers said, six Israeli jet fighter planes chased him and fired a rocket at him. It exploded harmlessly, he said, and he took his pictures and escaped.

Gambles With Peace By Associated Press Richard M. Nixon says Democratic presidential opponent Hubert H. Humphrey could be gambling away U.S. peace negotiations' "only trump card" with his statement on a North Vietnam bombing halt. Unless Humphrey clarifies the statement, the Republican candidate said Tuesday, Hanoi may read it as an indication it can get a concession from Humphrey in January it can't get from U.S.

negotiators in Paris now. "The trump card that our ne. gotiators have in order to assure any success is the bombing halt," Nixon told a news conference in Detroit. "Now if that trump card is played by either of the presidential candidates," he said, "by indicating that we in January might do something the negotiators have refused to do in Paris, it means that all chance for those negotiators to succeed will evaporate." Nixon said he will remain silent on his own Vietnam peace plan while the exploratory peace talks in Paris have a chance for sucess. Humphrey said in a nationwide television address Monday Fair: Fete Slated From Page 1-A them at lunch, then she will be hurried to the agricultural building to explain to fairgoers what raisins are all -about.

Later she has a date on the stage of the Outdoor Theater, and still later, an appointment to present awards at the first horseshow. Opening day, following a tradition, is keyed to one of the county's major specialty cropsgrapes and raisins. It also is set aside to welcome the return of the farm machinery exhibitors, the Future Farmers of America and their comparatively new corollary organization, the Farmerettes, and the community of Kerman. Even before the 1968 fair opens, many of the judges in many of the departments will have started their tasks of picking out the best of the thousands of items presented for everyone's enjoyment. Early arrivals will be serenaded around noon by the McLane High School's Highlanders, a marching band, and those who want may watch the stars of the vaudeville shows go through their last rehearsals before the first show begins at 6:30 p.m.

Horse racing will draw its customary opening-day crowd to the grandstand with the first race starting at 1 p.m. There will be nine days of racing again this year. No races will be run on Sundays. Alvino Rey and the King Sisters will headline the free shows in the Outdoor Theater through Sunday. Others on the bill are the Blue Streaks, Texas Tommie's Huskies and Tulare Lee- she has been here before and was well accepted.

After tomorrow, there will be twice variety shows at 14 p.m, and again at 6:30 p.m. The later hour for the afternoon showing is an adjustment to make for more spectator comfort through minimizing the glare of a mid-afternoon sun. The horse shows, masterminded again this year by Mrs. Vera Sharrah, will be a nightly and a free feature under the grandstand lights through Sunday. Ira Sharrah again will call the horses and their riders into the ring.

Nelson Curtis of Penryn in Placer County will judge all events in this feature. Fair Program TOMORROW RAISIN INDUSTRY DAY, MACHINERY DAY, FUTURE FARMER FARMERETTES OF AMERICA DAY AND KERMAN DAY AM 8:00 Judging: Agriculture Community, Variety and Special Feature Ex hibits. Agriculture-Horticulture Exhibits. Poultry-Pigeons Senior Division. Junior Department Agriculture Horticulture and PEA ture Booths.

9:00 Judging: Livestock Senior Division BE Goats (all Breeds). Floriculture Cut Flowers (Dahlias) Dry Arrangements, Picture Box Arrangements. 11:00 GATES OPEN opening Ceremonies. Farm Machinery Building Entrance. Fine Arts and Salon of Photography Exhibits open for duration of the Fair Arts Crafts Building.

12:00 Foley Burk and West Coast Shows and Kiddieland Gayway. en 'til Midnight. 12:45 Marching Band: McLane High School Highlanders. 1:00 Horse Racing Grandstand. Educational Public Service -open for duration.

Gem Mineral Show- Industry Commerce Bldg, Public Schools Exhibit industry Commerce Bidg. Coin Show U.S. Currency Exhibit Industry Commerce Bullding. Stamp Show Industry merce Building. Antique Bottle Commerce Division of Forestry Machinery Bldg.

Cowbelles Exhibit-Industry Commerce Bida. Associated Florists Exhibit Agriculture Bldg. 4:30 Milking Parlor Show Commen-T. tary Dairy Pavilion. 5:00 Feature Race "The Inaugural Allowance' 5:15 John Strong Circus Free East side of Home Arts Bldg.

6:20 Dedications Introductions out. door Theatre. 6:30 All Star Variety Show Free Outdoor Theatre starring The King Sisters and Alvino Rey. 7:45 John Strong Circus Free East side of Home Arts Bldg. 8:00 4-H Guide Dog Demonstration Home Arts Building.

Horse Free Grandstand featuring The Louis E. Silva Eight-Horse Clydesdale Draft Hitch. that as president he would stop the bombing if Hanoi showed willingness to restore the demilitarized zone (DMZ)and he added to that Tuesday. To the question whether he was departing from President, Johnson's condition of reciproci-Iterview ty from Hanoi for a bombing halt, Humphrey said: "I said I would stop the bombing in North Vietnam. That was the emphasis of my statement." But Humphrey repeated that in doing so he would "look very closely" at either direct or indirect evidence of Hanoi's willingness to restore the DMZ between North and South Vietnam.

"In other words," he said, "to get their troops out of there and to stop the firing over that area and in that area." But a north Vietnam spokesman in Paris bushed off Humphrey's stand as "still the same demand for reciprocity which we reject." Humphrey concentrated his campaign meanwhile, against third party candidate George C. Wallace as he spoke through the South of Germany's Hitler and America's current troubles. He called Wallace an "apostle of hate and racism" in Knoxville, Tenn. added the charge that Republican opponent Nixon has "deliberately courted the most radical, extremist elements in his own party." Wallace's most serious threat, Humphrey said, was his campaign to divide this nation, to deliberately inflame the fears, frustrations and prejudices of this nation, to bring this nation--and it will--to the brink of broadscale civil der." Wallace, meanwhile, said both the Republicans and Democrats have "supported every movement the streets that have now led to pressed his drive today for votes from labor's rank and file. He devoted much of his paid national television broadcast Tuesday night to his labor record and carried his campaign today into industrial areas of Ohio and Pennsylvania.

Wallace appeared to take heavy heckling at stops Michigan Tuesday in stride. He told hecklers in Grand Rapids their behavior had "gotten me a half-million votes here." Sen. Edmund S. Muskie, the Democratic vice presidential candidate, said in Milwaukee Humphrey's Vietnam statement "speaks for itself" and challenged Nixon to spell out his Vietnam views. "My great criticism of Mr.

Nixon," Muskie said, "is the arrogant cynicism of his campaign, the assumption that he doesn't need" to discuss key issues. Nixon's running mate, Spio Agnew, in Chicago called Humphrey's Vietnam plan "a very dangerous course" and ladded: "I think it may be the equiva-ucts. lent of providing several additional North Vietnamese divisions in South Vietnam as far as impeding a just and equitable solution to the war." Maddox Backs Max ATLANTA, Ba. (AP) Gov. Lester Maddox of Georgia says if Max Rafferty, GOP candidate for the U.S.

Senate from California, would run as George Wallace's vice-presidential candidate, "they would make an unbeatable team." Maddox, contacted yesterday night at the governor's mansion, said he made the suggesItion at an impromptu news conference Monday at the Los Angeles airport, after a newsman asked about Wallace's running mate In Los Angeles, Rafferty said the suggestion "cannot be taken seriously." "I am not soliciting the help of George Wallace or Lester Maddox," Rafferty said. "I hope the latter recognizes this and will confine his comments to the affairs of his own state and leave the presidential race and the U.S. Senate race in alone." The governor said he felt Rafferty's selection on Wallace's American Indepe lent party ticket "would virtually assure election of that know he's (Rafferty) from another party, but so is Wallace," Maddox said. Wallace is former Democrat. He is expected to name a vice-presidential running mate soon.

Maddox said he has not discussed his suggestion with either Rafferty or Wallace. But he said it should "give him (Rafferty) a chance to come forth with a program which most Americans would endorse. "Rafferty has a very strong following throughout the country. He talks a lot of common sense about what made this country great and how best to keep that way. I think he would make the best vice-presidential nomof anv of the three candidates Do youhave the kind of hemorrhoids that can be relieved without surgery? Painful burning and itching of hemorrhoids may be relieved without surgery, in some cases, by a product called M.P.O.

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