Austin American-Statesman from Austin, Texas • 1

EVENING HOME EDITION The Oldest Afternoon Newspaper in Texas Since 1871 Austin, Texas, Thursday, July 6, 1972 -Vol. 101 -No. 248 2 Parts -64 Pages 10 Cents Thursday 1 Democratic Foes Ask RFC for Mini View iroreme Cour djudicat I Decision To Carry With It McGovern's Delegate Hopes WASHINGTON (AP) -Opposing Democratic forces today asked Chief Justice Warren E. Burger to convene a rare special session of the Supreme Court in a political-legal tangle that carries with it Sen. George McGovern's renewed hopes for a first-ballot presidential nomination.

The Democratic party hierarchy and forces of Summer Phase How Have We Lasted 196 Years? When we read the variegated opinions of United States federal courts we wonder how this country has survived in sin all of these 196 years in which apparently nothing has been done right. l' Latest is the U.S. Court of Appeals decision reversing the Democratic party's credentials committee in the California case. A federal district court Monday held that the U.S. judiciary had no place in the debate over delegates to the National Democratic Convention after they were given sanction of the credentials committee.

The committee had knocked out the McGovern "unit rule" in California and allotted the delegates among presidential hopefuls in keeping with their percentage of votes garnered in the presidential primary. But once they got their heads in the trough the McGovern people wanted whole hog or none. In Texas they opposed the unit rule because they thought that was the only way they could get a sizeable representation at Miami from this state. For many years it has been the inevitable ruling of the state and federal courts that so long as fraud was not involved a political party governing body was the final say. Many past election contests in Texas were denied by state courts on that theory, and federal courts refused to accept jurisdiction.

Now, as all else in our lives, from the railroad depot to little red school house, the federal courts if the U.S. Circuit Court of Appeals reversal of the district court judge's traditional opinion Mauds will be running our election process, even down to selection of delegates. Gone, apparently, after these many years, is the concept that party business is the business of the party. I Are we coming to the ridiculous situation when a federal court will have the power to overrule the business the nomination perhaps of the National Democratic Convention or the National Republican Convention? There have been other Jourt actions as surprising. SAM WOOD yfc AJi $i'-1 1 V.

(St Upward Bound Program Ends '7 na. BEFORE HEARING subpoenaed as a witness Thursday which sought a proposed sewer and talks to members of "the District Court. Seated are, from left, Houston Johnson, R. L. Duke and Harold Darby.

District Judge Herman Jones threw the injunction proceeding out of court, saying it was "too speculative." (Staff Photo by Darl Hyatt) Portraits Judge Won't Stop City Sewer Plans TOGETHER by Kristina Metcalfe My brother, if you need a hand You can depend on me I can help, just come I'll try To soothe your misery Somehow we'll brush away the tears And, Sister, we can smile And talk away the pain of life If only for a while Perhaps there's something I can do And you'd not thought of it Or maybe just one soul who cares Can make the pieces fit Dear, Brother, Sister, call on me That is what friends are for To sort it all in confidence To see what is in store I've felt the peaks within this world The very bottoms, too And always it amazes what Together folks can do. Fireicorlis Fete Now Saturday The ski show and fireworks display planned by the Austin Jaycees as a Fourth of July celebration will be held Saturday night, according to Jaycee Don Tonroy. The show, to be held on the south shores of Town Lake, was postponed Tuesday due to bad weather, said Tonroy. Saturday night's show will include only the ski demonstration and the fireworks display, he said. The ski show will be at 8 p.m.

and the fireworks display begins at 9:15 p.m., Tonroy said. By NELL LEE Staff Writer Upward Bound is an opportunity for minorities group members to get ahead in "The system." The Upward Bound program at Huston-Tillotson College ends this week, after providing college preparation for college youngsters. Funded by the Department of Health, Education and Welfare (HEW), the project is sponsored by Huston-Tillotson and was secondary and college teachers as faculty, and college students as tutors-counselors. Students participating year are from Austin, Marcos and Bastrop. this San The project prefers 10th grader-students, but others are accepted.

Students in the program are motivated and prepared to use their academic potential, regardless of adverse environmental conditions. Great emphasis is placed on reading skills, both in speed and comprehension, speed reading machines and evaluation tests to determine how well they have done in the program. leaders have been hustling to complete business by Friday, Smith cautioned "even right now we don't know they're going to finish There are a lot of things that could hold them up." Chicago Mayor Richard J. Daley are both fighting a U.S. appeals court ruling but for different reasons.

The party hierarchy asked Burger to suspend the effect of the appeals court ruling, which overrode the party Credentials Committee to allow McGovern to recover 151 California convention delegates. The party brief claimed that They also study math, English, and creative writing lessons which help them communicate in the world which they live, and learn alt about elections and the democratic process. Rev. Hector Grant, assistant director, says in previous years, most of the students came from Johnston and Anderson High Schools. Johnston was predominately Mexican-American and Anderson (now closed) was all black.

This year, however, since Austin high schools are integrated, the program includes students from most of the seven high schools in the city, a few from San Marcos and Bastrop. Teachers in the project are selected because of their sensitivity to and respect for the kind of students enrolled. (See ENDS, Page Afi) OEO Asks: Is Griffin Qualified? By MARY M. MOODY and JANE FRIES Staff Writers The Office ot Economic Opportunity has asked the Human Opportunities Corporation board to immediately justify how former board member Rodney Griffin qualifies for the post of assistant director for community relations. In a Thursday morning (See OEO, Page Afi) political blockade of Cuba conducted by the United States," the communique declared.

There must be an "unconditional withdrawal of the American Guantanamo naval base, which, contrary to the sovereign will of the Cuban people, exists on Cuban territory," it added. The statement was immediately followed by a Soviet declaration to continue "all-round assistance to Cuba in the construction of a Socialist society, in strengthening the country's defense capacity and the appeals court has "thrown the country into a constitutional crisis" by dabbling in the selection of delegates to the political convention. Party lawyer John Kester told newsmen after the filing wiih the high court that the appeals bench went further than any other court has ever gone in the political arena. (See DEMOS, Page A6) COL. W.

F. DANIEL To leave Bergstrom Col. Daniel Due Boost To General The Air Force announced Thursday that Col. Walter F. Daniel, commander of the 67th Tactical Reconnaissance Wing at Bergstrom Air Force Base in Austin since April of 1971, has been selected to become inspector general for the Systems Command.

Col. Daniel, who has been nominated for brigadier general, will leave Bergstrom late this month for his new post at Andrews AFB in Maryland. Col. George A. Edwards, vice commander of the 67th Wing, will become the new commander.

The 67th Wing, which flies RF-4C Phantom jets, is the host unit for all commands at Bergstrom. Col. Daniel, one of the nation's top test pilots, assumed command of the 75th Tactical Reconnaissance Wing at Bergstrom last spring. The wing was redesignated the 67t last July. The colonel, a (See AF, Page A6) defending its revolutionary gains." This meant that Moscow apparently will keep on supplying economic and military aid to bolster the Cuban economy and increase the size of Castro's military forces.

The 44-year-old Cuban leader boarded a plane in the Byelo-Russian capital of Minsk after an overnight visit there. He left Moscow Wednesday. Communist sources said Castro would make a short stopover in Morocco today en (See CUBA, Page A6) Forecast Partly cloudy and a little warmer Thursday night and Friday. Twenty per cent chance of afternoon and night showers and thundershowers Thursday and Friday. Winds will be from the southeast at 10 to 20 mph.

High was expected to be near 90 Thursday with an overnight low in the low 70s. High Friday will be in the low 90s. (More data, Page A23) Smith: Time's 'Running Out' Mayor Roy Butler, left, in an injunction hearing to block construction of tunnel in East Austin, other side" outside 53rd brought by a citizens group was "too speculative to prompt a court of equity to intervene The East Austin residents Concerned Citizens for the Improvement of East Austin sought to block construction Fray Trio Gebhardt said the FBI men moved in on the plane only after the hijackers refused to release the passengers until the ransom was handed over. "I saw two FBI men enter the plane," said Dr. Manuel Alvarez, 58, of Sacramento, a passenger.

"The first cams through with his hands on his head, and the second came up shooting, blasting away with a shotgun." The hijacker "crumpled to the floor," said Alvarez. The FBI said the gunman had an automatic in each hand but did not open fire. In the rear of the plane, the other hijacker another automatic and firod at least three shots, the FBI said. The second hijacker went down almost immediately from FBI gunfire, Gebhardt said, and like the ether was dead on arrival at the hospital. The hijackers also held the plane's five crew men bers.

In previous U.S. hijackings no attempt has been made to board a hijacked airliner while the passengers were still aboard. However, on May 9 Israeli soldiers stormed a hijacked Belgian airliner in Tel killing two Arab guerrillas, wounding one and capturing a fourth. Three of (See PLANE, Page A6) Index Heloise B5 Jeanc Dixon A3 Jennie I.ynd Reed A27 Joyce Haber B17 Jumble A3 Public Records AM Sports A17-21 Texas! A3 Ted's Tips All) Today's Funny A14 Town and Country Bit TV-Radi A24 Weather A23 Your Good Health All Inside Asiusements A24-23 Armchair Aviator A16 Ask BBB A3 At Wit's End AH Bannister's Babies A13 Bridge A3 Business Report BS Classified B18-29 Comics A26 Crossword Puzzle A2C Dear Abby BG Deaths A23 Dollars and Sense B3 Editorials A4-5 By TOM BARRY Staff Writer District Judge Herman Jones Thursday refused to enjoin the city from construction of a sewer tunnel and sewer plant in East Austin, saying the lawsuit Hijack Claims SAN (AP) wanted to stop the hijacking and stop it we did." said the FBI special agent in charge, describing how authorities stormed a pirated aircraft rnd killed two hijackers in a gun battle while passengers were still aboard. Officials said shots fired by one of the hijackers killed a and wounded two others after federal agents charged aboard an intrastate Pacific Southwest Airline Boeing 737 taken over by two hijackers for six hours Wednesday.

"Certainly we're not pleased that three passengers were wounded," said Robert Gebhardt, FBI special agent in charge. He made the comment before learning that one of the passengers had died. "But," he said in response to a reporter's question, "'somebody had to make a decision." Three FBI men who had sneaked up under the fuselage of the plane rushed aboard after the hijackers refused to release 81 passengers, Gebhardt said. The slain hijackers had demanded two pan-chutes, $800,000 and passage to Siberia shortly after taking the plane over in tlie air, officials said. of an $11.4 million sewer plant on Webberville Road along Walnut Creek, and the Crosstown Sewer Tunnel which would lead to it.

They said the plant will produce offensive odors and prohibit development of the neighborhood. City Atty. Don Butler argued that the suit did not allege any actual damage to property, but alleged some future damage. Richard Snannon, attorney for the plaintiffs, argued that if the sewer tunnel is built, the sewer plant will have to be built and the plant will cause damage to the citizens and their property. Besides, he said, the city council's actions in approving the project were unreasonable and based on faulty presentations by the city staff to council.

Judge Jones never let the (See JUDGE, Page Afi) Senate Vote On Budget 'Possible' Associated Press Senators agreed today to change the vote required to get a bill out of committee to the floor. A proposal part of a package by Sen. A.R. Schwartz of Galveston would require a majority vote of the committee, rather than a majority vote of those present. The Senate was in its second day of debate on rules to govern its day-to-day actions.

Lt. Gov. Ben Barnes said (See SENATE, Page A6) Russians Demand U.S. Quit Guanlanamo Base Chess Kings Make First Moves Sunday Capitol Staff Although he says he hasn't made a decision yet. Gov.

Preston Smith says "time's running out" on the special session of the Legislature, and "there's not much possibility" they'll get to discuss any legislation other than appropriations. The governor called the session to pass an appropriations bill, and the law says he's the only one who can expand the call to allow other matters to be considered. Smith said he's "delighted there are no new taxes" required in the $1.1 billion state budget that the legislators seem near to approving. He said the Legislature had "done the best with what they had" in writing a spending bill for 1973 to replace the one he vetoed when the legislature came up with a two-year bill for 72 and '73. Although Senate and House MOSCOW (AP) The Soviet Union today demanded the "unconditional withdrawal" of the U.S.

naval base at Guantanamo Bay and pledged to continue supplying massive economic and military aid to Fidel Castro's Communist regime. The Kremlin demand was made in a 4.000-word joint Soviet-Cuban communique published today as Castro left the Soviet Union for home after an 11-day visit. "The Soviet leaders have once again stated that the Soviet Union resolutely condemns the economic and REYKJAVIK, Iceland (AP) Bobby Fischer made a full and penitent apology to Boris Spassky today, and organizers of i the world chess Championship match said the two would meet for their first tame Sunday night, i The organizers said it had been agreed in principle to hold the drawing tonight to determine which player would have the white pieces and with them the first move. The young American, in a letter delivered by hand this morning to the world chess champion from the Soviet Union, apologized for his "disrespectful behavior." Fischer, whose delayed arrival doubled the prize money for both him and Spassky but also started an avalanche of confusion, asked the Russian to "accept my sincerest apology." "I simply became carried away by my petty dispute over money with the Icelandic (See CHESS, Page A6) I' Kruiirnfr-.