The Times and Democrat from Orangeburg, South Carolina • 1

THE WEATHER SOUTH CAROLINA Variable cloudiness Wednesday through Thursday with chance of rain along the coast and chine of rain or snow northwest portion on Thursday. A turn to colder about Thursday. TODAY'S THOUGHT Be at war with vices, at J)eace with your neighbor and et every new year find you a better man. Benjamin Franklin, American philosopher. AT SOUTH CAROLINA'S CROSSROADS OF AGRICULTURAL AND INDUSTRIAL PROSPERITY ORANGEBURG, S.C.

29115 WEDNESDAY, FEBRUARY 7. I968 10 CENTS DAILY 15 CENTS SUNDAY VOL. III-NO. 38, GdGQDiOD Uoo STANDING BY This is a portion of law enforcement officers who were standing by at All Star Lanes Tuesday night in case of trouble with young Negroes protesting the establishment's segregated status. At bottom left is the window which was kicked out and for which one of the protesters was arrested.

The men in white helmets are Highway Patrolmen, not National Guardsmen. 0 0 0 1 mm Others Hurt, lot Seriously During Protest Windows Broken, Some Arrested Bowling Lanes Operator Hits Police Action Place Of Business Closed Down During Monday Racial Incident i I "i (7N I ill if) i 4 5i 1 1 1. 4' riijf I' i Oil V- I f. i )' -l I I lil. The Shopping Center on downtown Orangeburg's Russell Street swarmed with lawmen Tuesday night, policemen scuffled with young Negroes who were massed In protest of segregated All Star Lanes and for a brief time rocks flew and glass broke.

A city policeman, William Long, was taken to the Orangeburg Regional Hospital, along with nine other people. He and (he nine others were treated and released. A hospital spokesman said no serious Injuries were involved. At least 12 persons were reportedly arrested but the charges against them were not known at this newspaper at press time. Approximately 400 were gathered at the time of the scuffle, it was reported.

After the young Negroes, most-. ly college students, dispersed from the shopping center area shortly after 9 o'clock, at least 50 law enforcement officers remained on the scene. The protesters did not return to the shopping center area as of 11:30. At Oat time, all was is order said, Armed with riot sticks and I with pistols carefully holstered, the police, sheriffs deputies, highway patrolmen and State Law Enforcement Division agents were ready should trouble arise. The 1052nd Transportation Company of the South Carolina National Guard was alerted for standby duty at the Orangeburg Armory on Broughton Street.

Company officers said the men about 250 were not issued live ammunition or tear gas and were merely standing by, awaiting any orders from Gov. Robert E. McNair. A report circulated nationally by The Associated Press said "officers and National Guardsmen In riot helmets, some with tear gas masks strapped to their side, confronted singing and chanting Negroes." The report was not attributed to anyone. The Times and Democrat failed to confirm the report Officers contacted knew nothing of such a confrontation.

As of 11 p.m., long after the scuffle had occured and the crowd dispersed, Guardsmen were assembled at the armory several blocks away. Guard officers declined to comment on whether the company would be used to aid law enforcement officers, saying that was in the field of speculation only and they were merely remaining on standby alert After the fight In which policeman Long and protesters were injured, a number of windows in the area between the shop- (See On Page 9) By FRANK K. MYERS Of The Times and Democrat In a hearing marked by a few heated exchanges and rash statements following a regular meet Ing of Orangeburg's City Council, Harry L. Floyd was assured to protection of his rights as those of any other private citizen in the operation of his All-Star Bowling Lanes In the Shopping Center. Floyd had appeared before City Council to protest what he alleged as Improper treatment by Police Chief Roger E.

Poston and the city's Police Depart ment during a racial Incident at his bowling alley Monday night. He had charged that Chief Poston ordered his building closed and his business shut down while he was away obtaining a "John Doe" warrant for trespassing against a group of young Negroes who entered his establishment, pushed Mrs. Floyd aside and later pushed him away and refused to leave whan requested to do so, iv But despite exchanges between himself, Chief Poston and Robert T. Stevenson, city administrator, Floyd was not assured of police protection Tuesday night until after C. Walker Limehouse gave a legal ruling as to the city's stand In the matter.

Stressing the fact that he was representing the city only, Limehouse told Floyd that he had the rights of any other citizen and the rights of redress through civil suits, injunctions and the like but that he would not advise him since he had his own attorney. He told Floyd that if a criminal act were committed on his property, he could call the law and be assured of protection. But, he said, If the law arrives and no criminal act is commit ted in his presence, then Floyd must seek a warrant for the criminal's arrest. He pointed out that Floyd had obtained from City Recorder 'Fred R. Fanning a "John Doe" warrant, naming no one and carrying no identification of those against whom the warrant was Intended.

The warrant, be said, should have partially Identified the person against whom it was sworn as to age, color, description of clothing, shoes, color of eyes, hair and the like. Limehouse defended Chief Poston In his Monday night action by saying that he was re-oired to use his "best and proper Judgment" in making arrests under such a warrant "or else there would be untoward consequences." And, he said, If Chief Poston bad been present when an in dividual was asked to leave Floyd's premises and refused to do so, he would have been required to arrest him as a trespasser and Floyd would have had to go to the police headquarters and swear out a warrant Immediately. Floyd's charges that he and his wife were pushed away, Limehouse, constituted simple assault and battery, and If he could have Identified the person who pushed either of them he should have sworn out a warrant charging that offense. Limehouse said that after a day of studying South Carolina and federal civil rights precedents as to bowling alleys, with or without restaurants, he did not, as city attorney, believe that Floyd comes under the civil rights laws, "but I will not, myself, evaluate the consequences if he does, as he must do." The attorney said that the law, so far, Is in a "very shadowy field." "I cannot fine unequlvocably 4 m-raMi totir don't fail 7 under the civil rights Itw," he told Floyd. "As I see it, you have the same rights as a citUoa that I have." Earlier, in relating the events that happened after the bow ling alley owner, whose practice is not to permit Negroes to his establishment as patrons or customers, had quoted Recorder Fanning as saying that bowling alleys do not come under the civil rights laws.

He said that when he returned and found that Chief Poston had cleared the building and closed the business for the night that the chief told him, "I am not going to risk my life and my boys' lives to protect your property." Chief Poston denied making that statement, saying that he told Floyd, "I am not going to ask my men to violate the law In interfering with those who are not breaking the law by being In your place." Floyd told the members of City Council that his bowling lanes were "contracted every night by members of various bowling leagues who were present Monday night to play and that there were no accommodations for anyone else to play, Negro or white. He Inferred that that was usually the case. In addition, he said, there is a sign on his door notifying that his establishment Is a private place of business and that he would admit anyone he wished to and keep anyone else out After telling council members that he had conferred Tuesday (S On Pag 3) warrant for trespassing. Floyd's position was backed up by C. Walker Limehouse, city attorney, far left and back, whose findings were that he was not under the civil rights law as far as he could determine.

Others in the photo are Fire Chief David Gillam, right, far near, Robert T. Steevnson, city administrator, seated hand to eye; Councilman Frank F. Limehouse, Mayor E.O. Pendarvis and Norman G. Sifly, stated right, and Mike Campbell, city clerk and treasurer, back to camera.

PLEADS HIS CASE Harry F. Floyd, operator of the All-Star Bowling Lanes in the Shopping Center, protested to City Council at a hearing after Tuesday's scheduled meeting at the treatment he said he received from Police Chief Roger E. Poston when a group of Negroes entered his establishment Monday night. Floyd charged that although he did not consider his business as coming under the civil rights law, Chief Poston, seated at left, background, had ordered his building cleared and had closed it up while he was away swearing out a "John Doe" Proposals For City Beautificafion Heard By Council nA4n w.vrr-wn Am I Jt Af 1 1 t. 1.1...

I AftA A 4 Art AM M. to A four-colnt program speed were taken under consideration ing ordinance, particularly as were for the designation of a 200 to 300 yards of the office. Its present form Is unjust unfair and discriminatory." They offered an amendment that "all property owners out side of the city limits be charged for Are protection on a mill-age basis according to the value of the property on the books of county auditor" Instead of paying by the unit It noted that at present a motel worth $500,000 Is charged as being one unit "For instance," it read, "one property (S A On Pog 3) the city's beautification program was proposed at a meeting of Orangeburg's City Council Tuesday afternoon by the Rev. Dr. W.

McLeod Frampton, chairman of the city's Beautifiqation Committee. The proposal Included a resolution passed by the city's garden clubs and the Garden Club Council urging passage of a minimum standard housing ordinance so that tumble down buildings could be enforcement of the antl litter representative of the city to be sent to Washington, D. to receive the community's Honorable Mention award in the National Clean-up Contest Mrs. Howard A. Marsch, saying she was speaking for all garden club members and the Garden Club Council also, urged that the city publish the antl-littering ordinance for the benefit of those who are violating it The beautification proposals refers to empty beer cans; appointment of a coordinator to work with the city and the Beautification Committee, and official status for the Beautification Committee.

Robert T. Stevenson, city administrator, told council that If a coordinator is named, responsibility for his duties would be assumed by the city Health Department with the agreement of Dr. J. W. Dantzler, health director.

Dr. Frampton's requests also Told by Stevenson that the out slde-the-clty Ore protection contracts would come up for renew al on March 1, City Council deferred any action after being told by Councilman Norman G. Sifly that he and Councilman Charles B. Goodman, who had outvoted In the adoption of the original ordinance, wished to propose amendments to it A prepared statement on the matter, signed by the two, was read by Stevenson. It charged that the original ordinance "in by council W.

H. Sandlfer, office manager for the Agricultural Stabilization and Conservation Service, asked council to lease a piece of property adjacent to the agency's office at 251 Broughton, N. from Luther Adden as a parking space for the service. His proposal was also taken under consideration after Stevenson pointed out to members of council that there are presently two paved parking lots, one of them metered, within.