The El Dorado Times from El Dorado, Arkansas • Page 1

Purcell Is Asked About Private Clubs By MAURICE MOORE Palmer Bureaa LITTLE ROCK Attorney General Joe Purcell was asked Thursday if he thought it strange that the administration of Gov. Winthrop Rockefeller has not moved against that private clubs in the wake of his opinion that these establishments enjoy no immunity from the alcoholic beverage control laws and regulations Purcell replied in an exclusive interview for the Palmer Newspapers: have been many strange to me wn say i) Is this Generally, I that this (hue- a lawyer, I know that I was trained and I all ow laws need to he ow laws are designed to apply equally to all people of any area and any walk of me. "I am personally against selective law enforcement, regardless of what laws or what fields might he in- Purcell's views came amid this backdrop of developments days have passed since agents of the Alcoholic Beverage Control Board and State Police raided three private clubs in Hot Springs and confiscated a quantity of liquor days have passed since new ABC Director Harrel Hughes disclosed that there are an estimated 1,100 private clubs and country clubs in Arkansas. including many in counties. days have passed since Gov.

Winthrop Rockefeller told a news conference that plush pnvate clubs bke the Top of the Rock, the Little Rock Country Gub, the Little Rock Club, etc have not been raided because the law was not clear as to who had the responsibility for policing private clubs And he chided Purcell for not acting sooner on a list of questions submitted by ABC director Hughes days have passed since Purcell issued his opinion in which he implied that mixed drinks are forbidden in pnvate clubs and anywhere else in Arkansas WR Unavailable days have passed since Marion Burton, the executive secretary, claimed that Purcell's opinion had not clarified the legal status of or mixed drinks in private clubs days have passed since Rockefeller was to the and daily efforts by members of the Capitol Press Corps to contact him for comment on opinion have been fruitless. days have passed since the three members of the ABC live in widely separated sections of the state in Little Rock, discussed the attorney general's opinion and announced that a policy procedure on enforcement of the liquor laws in private clubs would be established at the regular meeting March 14. The attorney general said in the interview that one sentence could sum up his opinion as far as mixed drinks are concerned: there are no special privileges or immunities granted private clubs under the rules and regulations of the ABC, and I would assume that the director of the ABC is fully knowledgeable insofar as his duties and responsibilities are Purcell was asked if he thought the law is clear in that liquor by the drink is not permitted in Arkansas No Question He replied. is no question about it We don't have any mixed drink legislation in this state Arkansas Statute 48-302. provides specifically that unless the sale (of alcoholic beverages) is authorized it is that no person shall sell liquor except as provided in this act And there is no provision in the act for the sale of mixed drinks Purcell was asked specifically by ABC director Hughes to spell out the responsibilities of the ABC regarding clubs, chartered under Act 176 of 1968 the non-profit corporation act.

The bulwark of the state's private clubs are incorporated under its provisions statutes place the responsibility on the ABC to enforce liquor laws or supervising liquor activities within pn- Gets Boot From State Board CUMMINS PRISON FARM Ark Arkansas out spoken Prison Supt Thomas 0 Murton was fired effective immediately Thursday night by the state Board of Corrections, apparently on orders from Gov Winthrop Rockefeller Murton was asked last year by Rockefeller to leave his teaching duties at the University of Southern Illinois at Carbondale and come here to institute reform in a much-maligned prison system Murton. 39. was generally credited for making sweeping changes in the prison system, but recently came under Rockefeller criticism (or bringing bad pubUcity on the state and turning Cummins lYison Farm into a sideshow Ironically, the board hired Victor Urban, the current director of pardons and paroles la Arkansas, to replace Murton Urban served as a chief probation officer under Murton when Murton directed the Alaska Youth and Adult Authority and was brought to Arkansas by Murton The board met Wednesday night and informed Murton it would not consider appointing him as commissioner of correc tions a new post created by the special session of the Arkansas legislature last month Murton contends Rockefeller promised him the post when he came to the state last Febru ary However. Rockefeller denied it Rockefeller fought tooth and nail to get Murton the top post as prison supervisor in January. but said Monday that he had concluded that Murton's continuing association with the pnson system was not in the best interest of the state The board was expected to decide Murton's status Wednesday with the pnson system, but refused to take a stand However.

the board met at a hastily called meeting Thursday night and fired Murton Board Chairman John Haley of Little Rock called the meeting an extension of Wednesday's meeting, and denied that Rockefeller called for the Thursday meeting However there was considerable speculation that Rockefeller ordered the latest meeting to fire Murton Bill Conley, the governors press aide said Thursday night that Rockefeller did not know the board planned to fire Murton Urban, however, read newsmen a letter Thursday night from Rockefeller congratulating him. in effect, for taking the post vacated by Murton's ouster Rockefeller has debberately avoided' the news media ever since he made public his letter cnticizing Murton and strongly indicated he had no intention of meeting with them until the board resolved the Murton issue He wasn't available for comment Thursday night Murton said he wasn even informed of the Thursday board meeting He said he was in Little Rock when he learned about it one hour before it was to start Asked if the board or Rockefeller had attempted to contact him during the day. Murton replied. body has tried to talk to me in three months Asked Thursday night what he beheved to be his greatest stumbhng block in the path of reform. Murton said, most effective would have to be Bob Scott Scott is Rockefeller's adviser on prison affairs Four employes at Cummins submitted their resignations soon after Murton was fired vate the attorney general declared.

the responsibility goes further All law enforcement officers have a duty to enforce liquor laws. But Act 176 specifically delegates to the ABC the responsibility for regulating and supervising activities in private clubs, involving alcoholic Act Spells Oat Purcell pointed out, 176 authorizes the chartenng of be nevolent. non-profit corporations created for promoting education, health and other purposes. I do not believe that the word alcohol is mentioned anywhere in the act. The act set out certain violations that can result in a corporation losing its corporate charter.

And one of the provisions specifically names activities that can result in a the charter if the corporation has violated the laws of the state or the rules and regulations of any state regulatory board or commission having jurisdiction over the activities of the The attorney general has declined to say if he believes Rockefeller will follow his opinion on Act 176 Purcell, a Democrat. and Rockefeller, a Republican, have had several major differences over legal opinions, and some have wound up in the courts Differences Costly Purcell commented, Rockefeller had adopted a practice, unfortunately, in not following our opinions Many times he does follow our opinions. But also, many times when an opinion is contrary to his has seen fit to ignore it or has taken official action contrary to the opinion All of this has only resulted in prolonging the effectiveness of the opinions Where Mr Rockefeller and I have differed on our legal and where we have gone to court court has sustained our opinions." he said fact the governor has seen fit to ignore some opinions has been costly to the state and it has resulted in unnecessary Two members of the ABC Board Walter Hinton. Jr of Little Rock, chairman, and Claude Williams, Jr. of Rogers in Benton they belonged to pnvate clubs Williams told newsmen he thought his private club, which he did not identify, was not violating the law in the matter of mixed dnnks Hinton ho been a membet of the Little Rock dub for 30 years, said.

can't serve mixed dnnks according to law Asked about Williams comment Pur ('ell said I don know anything about his club 1 just say that there is no provision in our laws for the sale of mixed dnnks in pnvate clubs or any place How someone might be doing it legally. I don't know Do you see any significance in the fact that Gov. Rockefeller has not commented yet on your opinion after chiding yon publicly? don't know. He has been out of or out of packet I don know where he is But. I know this He has been away from his office since about the time this opinion was handed down I wouldnt want to say whether there was any significance in that or not yon think he might be dodging the press? A haven't been trying to find him like the press has So 1 would not be able to answer that question Perhaps, the press could you seen any evidence of selective law enforcement in the Rockefeller admin istratioo' A don know You mentioned that three clubs were raided I can tell you why except express my own personal opinion that what's good for the goose is good for the gander (AP) PfMi (UM) United International: (NCA) Ntwipaptr Association Vnl.Tg No.

157 Wnnkly Founded 1 889 El DOtADO, ARKANSAS FRIDAY, MARCH 8,1968 Established As Daily 1 925 PRICE 10 CENTS Savage Fighting Erupts By GEORGE ESPER Associated Press Writer SAIGON (API The US Command today reported savage fighting below the eastern end of the demilitarized zone and announced the appointment of a Army general to com mand the Marines and other defenders of the critical northern frontier. spokesmen also reported the heaviest air stnkes against North Vietnam in more than a month A task force of S. Mannes and South Vietnamese infantrymen battled 500 Communist troops for seven hours Thursday near Dong Ha. the forward Marine Base supplying other allied outposts along the l)MZ Aided by tactical fighter- bombers and artillery, the allied troops reported killing 138 Communist soldiers headquarters said the South Vietnamese troops accounted for 123 of the enemy dead and the Marines for the other 15. Marine casualties were 15 killed and 124 wounded, with 76 of the wounded requnng hospitalization South Vietnamese casualties were reported light headquarters said several battalions of South Viet namese infantrymen ran into the enemy force about noon while sweeping the Cua Viet River delta, a Communist stronghold on the coastal marshlands Troops of the 3rd and 4th Marine regiments were on the east flank of the South Vietnamese task force when heavy fighting developed The Mannes.

a special landing team about 1.000 men that was put ashore more than a month ago. have been sweeping north of the Cua Viet River, while the South Vietnamese have been operating south of the river A week ago the combined force killed 234 North Vietnamese in the same area At Khe Sanh South Vietnamese Rangers surprised more than 100 North Viet namese troops today as they slipped up on the Marine base and killed 27 of the enemy as tiny emerged from a tunnel just outside the base barbed wire perimeter. The beutenant leading the South Vietnamese was wounded When other rangers started out to rescue him. he waved them back and shot himself in the head to avoid capture AP cor respondent Robert Ohman re ported from the besieged Ma -me fortress. Ohman reported that the Communists shelled the base all day.

pumping in a round of ar tiliery or a rocket about even 10 minutes He said one round just missed a big CH4Y helicop ter taking off with a load of wounded Marines Farther south, government troops reported killing 21 Communist soldiers four miles east of Hue and uncovering the bodies of 25 enemy soldiers in the same area. Meanwhile, (ien William C. Westmoreland announced the organization of a new northern headquarters in which Marine Gta Robert Cushman re tains over all command of the five threatened northern provinces But Westmoreland put Army Lt Gen William Rosson a native of Des Moines Iowa, in charge of operations from Hue north Gen 49 had recently been in command of forces in the central sector of South Vietnam, including the high lands Leaders See Tensions As Serious; Peace Possible think that while our prob lems are serious, we do not bebeve they are so serious they cannot be resolved We believe that much in the area of good will and better understanding was accomplished here in this meeting this morning So spoke Mayor I. Pesses following a two-hour session in his office with a group of Negro leaders called for consultation on the incidents plaguing the community since Sunday Meeting with Mayor Pesses and Police Chief Pennington were Bates of Little Rock, executive secretary for the state National Association for the Advancement of Colored People; Rev Thaddeus Pavne: Rev 1. Carter; Mrs Evesta Williams and Mrs Margie Raye Good students at the Oil Belt Vocational Tech meal School.

Charles James Warner Brown, legal redress division of the NAACP; Mrs Samela Jackson; Rev. Phillips Mrs Kffie Cook; Frank Town send, treasurer of the local NAACP Mrs Exie Lockhart and Rev .1 Robinson, president of the Fairview Voters League Coming later for the discussion and question answer period after representatives of the news media were admitted were Erma Willis a student leader at Washington High School, and others Both Pesses and the Negro leaders agreed that the morning meeting had not included voices' and that although much had been accomplished toward easing the present tension, much is yet to he done to bring about a better understanding between the races The community leaders seemed to feel that much of the rock throwing window breaking and other acts of violence could be attributed to the over abundance of police and police cars on the scene They felt that it the police would draw back for a time local leaders could their people and persuade them to wait for legal means of bringing about justice Pennington and Pesses an nounced that a partial AFTERMATH OF FIERY CRASH -Wor kers go through the gnm task late Thursday of removing bodies ol 20 victims of a fiery crash of a Greyhound bus and an automobile near Baker, At least 11 other persons were injured in the crash on Interstate 15 WIHEPHOTO) 20 Killed In Crash BAKER Calif A hound bus and an auto col lided head on Thursday on In terstate 15 in the Mojave Desert killing 20 persons Police said the car was in the wrong lane bus was passing another vehicle when the car came in sightsaid Jim Aimer whose car was just ahead of the bus bus driver could n't get back into the right lane Then it happened All I saw was dirt flying in the air. and explosion flames and smoke The bus. which carried 32 passengers, fell onto its side on the median of the divided high way and caught fire Twelve persons were injured including bus driver Kenneth Burkhardt whose leg was broken The survivors were taken to several hospitals and some were listed in serious condition Mam of the dead we.e severely burntHi delaying identification Bates Disowns Demonstrations Way To Answer Rescue Crew Checks In Vain For Clues To Fate Of 21 In Salt Mine Some Routes May Have Late Delivery Due to the curfew ordered by Mayor I. L.

Pesses, there will be a delay in some deliveries of the morning newspapers on Saturday and Sunday, it is announced by A. Kstes, manager. Where possible deliveries will be made on time. However, in instances where parents are unable to accompany their teenage sons on the paper routes, these routes will be thrown alter 6 a.m. when the curfew goes off All ddiveriei will be made although some may be late Those wishing a paper before it can be delivered may pick it up in the lobby of the News-Times Publishing Co.

By BILL NEIKIRK Associated Press Writer CALUMET La (APi A four-man rescue crew searched winding caverns a half mile from the base of a fire-torn salt mine shaft today, but found no clues as to the fate of 21 miners trapped at the 1.200-foot level for two days crew went much farther than any other has gone fore'' said Clayton Tonnamak- er. a Cargill. Inc executive they found no evidence of the trapped miners He said he considered the fact that the entombed men were not anywhere near the scene of the fire an excellent, a very good sign Correct safety procedures in event of an accident would have been to pack all food, water and oxygen on one of the mining vehicles and retreat to the far reaches of the 80-foot high tunnels. Tonnamaker explained Once back in one of the many large rooms, maybe a mile away, he said, the miners could have blucked off the room with a mound of salt Theie. he said, they could just wait And Tonnamaker noted one of the vehicles in the shaft area was missing Another search team went down before dawn and found a bulldtizer three jeeps a truck, an overturned lunchbox.

plus an empty lower level office Crews planned later to a jeep to widen their search All four men who went down agree the fire is completely out said Robert Fahs. another Cargill official glow, no Moving in pairs, the men went about 1,200 feet out trom the shaft. Fahs added They made a dogleg and went by the office to chec it out They shut off a bulldozer engine, which was idling The 21 miners were trapped at the bottom of the isolated mine when fire erupted at mid night Tuesday in the 1.200-feet deep vertical main shaft the only entrance to tunnels branching off ot it Their families keeping pray erful vigil at the Cargill office in Calumet, could only hope that the men managed to retreat from the tire and smoke to hole up somewhere in the tunnels some of them extending about a mile The workers coal min ers flown in from Madtsonville Ky prepared tor a series of descents and ret onnaissance What we are doing ls check ing off various areas of the mine so we won I have to cover them again said Fahs here from Minneapolis, the largill headquarters Men in the rescue had kept their oxygen masks on dur ing all of the scouting trips is a precaution against possible harmful gases and their time below was limited by their portable oxygen supply Through the night a mw horse power compressor blew 2 000 cubic feet of air minute to the bottom of the shaft to cool the baked salt in the tire area temperature went to y4 degrees down there on then ear ly morning trip. said Fahs That not too far oft the usual temperature, which can range into the 80s We do not take our problems to the streets." so said C. Bates, executive director of the State NAACP.

Friday morning upon leaving a private meeting in ihe office of Mayor I Pesses This was (kites' answer to the question of hether last Sunday march and subsequent events dur ing the past week were sanctioned by the NAACP lie blamed the lack of leader ship both Negro and white, for the state of affairs in the city and said he dot's not think this will improve much until the people can get responsible leadership We liave people struggling lor leadership in this community Bates said when asked why he was in Kl Dorado Bates said that he was asked bv Jake Dor ton president of the Ux-al chapter of the NAACP. to come to FI Dorado They are trying to in volve the NAACP in this trouble To the question of who they are Bates said I understand that a Mrs Lockhart gave the information to the mayor and that she had no authority to involve the NAACP It was a mistake and the march was not sponsored by the organization Ol the meeting. said I hope we have accomplished something, but it is hard to tel) wtiat progress has been made We can determine tliat by what happens during the balance ot the week There was no one in the meeting who could stop the trou hie Bates said Any can incite tliese young they it is verv smart to get out and cause trouble He was referring, to what he called the KM) or so rock throwers who. he said do not represent the majority of Negro youth of the community Asked il last week trial of a wlute youth set off the subsequent events Bates said the Negro youths liad to be set off Some think the Civil Bights aw was passed in order for them to give vent to their feelings Bates said that he was surprised at the reception from some 250 Negro youtlLs anti adults at a meeting Thursday night at the withdrawal would be tried temporarily so as to give the leaders a chance to make an effort to work out a solution Rev Payne and Rev Carter agreed that further legal steps should be used to secure justice rather than to condone violence Miss Willis leader of one of the groups demonstrating Thursday on a private lot on Fast Hillsboro, said her people were peaceful and took no part in the rock throwing that was taken up and carried out by what she termed very small mimority" of the young people from Washington High Mayor Pesses was scheduled to meet with Washington High School students at 2 Tear Gas Used Singing Center He said they list ened attentively to his statements that the NAACP does not sanction or condone what they are doing We fought to get laws passed giving us equal opportunity, hut there is much time between promises and jobs do not see a single Negro working in this City Hall he added We were able to keep a cool summer last year but I am disturbed about this summer There are still communities hich have paid no heed to President Johnson equal employment movement He went on to say that hi lias a line Negro man of 22 who has a degree in business administration and several hours in economics who must go out ot tlie state to find employment He laughingly remarked The mayor said send him to me Asked about anv Black Power the state Bates said at the present tune I have not heard of anv such movement in out state Throughout the interview Bates continued to refei to the lack of leadership FI Dorado However he remarked that Dorton was well qualified lor his position it ft the A Asked it tie thought he could influence those responsible toi the past week events Bates said tfi.it he did not and remarked would be like administering medicine to a dead rson Their minds are already set Asked il he got anything out ol the meeting which fie left early Bates said It reminded me of the story of a voting man who killed his parents and at his trial he threw himself on the mercy of the court because he was an orphan WEATHER By THE ASSOCIATED PRFSS ARKANSAS Cloudy to partly cloudy and mild through Satur day with a chance ol a few showers ind thundershowers tonight and Saturday Low tonight mainlv in the El Dorado police used tear gas and chemical mace to break up a crowd of Negro youths Thursday afternoon in the vicinity of Washington High School who officers said were hurling bncks and rocks at passing automobiles Chief of Police Penning ton said that windshields were lieing broken and that he had arrested Charles Williams 22 on a charge of inciting a riot Zodin Brown. 18.

of 913 St was arrested shortly after 10 15 pm when he was (aught leaving the parking lot at I mon Memorial Hospital The youth is the son of Warner Brown representative of the legal redress division of the NAACP The arrest came after an eye witness said that he saw four or five Negro boys bashing in car windows on the hospital parking lot group of about five Negro youths reportedly broke windshields and windows of several tars Thursday night in another section of the city Chief Pennington said that two other youths were arrested They were not immediately identified FI Dorado has been declared by Mayor I Pesses as in a state of emergency and the mayor has invoked a curfew for Friday and Saturday nights Chief Pennington said the dis turbanees were sparked by the acquittal last week of Allen Smith 17. of FI Dorado Smith had been charged with first degree murder the shotgun slaving of Lirry Wainwright 19 FI Dorado Negro last Sept 30 Romania Balks On Accord SOFIA. Bulgaria (AP) Romania lias again rebelled against Soviet leadership, refusing to sign with its Fast European military allies a Russia sponsored agreement on halting the spread of nuclear weapons Communist sources said today The new show of independ ence came at a two-day summit meeting of Warsaw Pact lead ers Ml seven delegates signed a general communique and a declaration condemning aits by the 1 mted States in Vietnam But according to sources close to the summit proceedings Romania defied the Soviet pillion on nonproliferation a result a separate statement on the was expected to released after the two signed documents It was Romania second rebellion in two weeks l.ast week tier delegates walked out of a world Communist party consultative meeting in Budapest, after charging Syria ami Russia broke an agreement to refrain from assailing other Communist parties Romania nuclear ptisttior ls been that the Soviet Cnion leader of the Warsaw Pact and other nuclear powers be placed under controls by a non- prohteiation treaty a stand the Russians have sharply rejected The Romanians also have objected to a show of Soviet agreement on the nuclear issue saving it comes at an inoppor tune time while the I mted States continues "aggression in Vietnam Thursday. Russiar and American negotiators at (ieneva said they would oifer protection from nuclear black mail to any smaller nation Romania warned that any criticism ot it in the Warsaw Pact summit meeting here might provoke another walkout But once the meeting opened all available sources emphasized that controversy was being avoided.