Will Journal 103fd YEAR NO. 155 FERGUS FALLS, MINNESOTA56537 WEDNESDAY, JUNE 30, 1976 SINGLE COPY I5c Court gag order ruled unconstitutional PREVENTIVE MAINTENANCE -The spillway at Dayton Hollow Dam is being reinforced by workmen from the Lee Turzilk Company, Breivilte, Ohio, the same company that worked on Otter Tail Power Company dams It years ago. The spillway was not included in that project and now is undergoing work that will continue until October. (Journal phoio by Barley Oyloe) WASHINGTON (AP) - The Supreme Court ruled unanimously today that a Nebraska judge's order restricting news coverage of a sensational mass murder case last October was an unconstitutional restraint on freedom of the press. In an opinion by Chief Justice Warren E. Burger, the court did not rule out the possibility thai such orders could be issued in other circumstances to protect the right of a defendant to a fair trial. But Burger declared that "the barriers to prior restraint remain high" and those barriers were not overcome in the Nebraska case. Justices Byron R. White, Harry A. Blackmun, Lewis F. PoweU Jr. and William H. Rehnquist joined in Burger's opinion, which marked the first time the court has given a full- scale review to a direct prior restraint on news coverage of a criminal case. Justices William J. Brennan Jr., Potter Stewart, and Thurgood Marshall Hied a separate opinion concurring in the judgment. Justice John Paul Stevens also filed a separate opinion which concurred. In his opinion, Burger warned the news media that First Amendment protections for freedom of the press carry with them a duty "to exercise the protected rights responsibly — a duty widely acknowledged but not always observed by editors and publishers. "II is not asking too much to suggest that those who exercise First Amendment rights in newspapers or broadcasting enterprises direct some effort to protect the rights of an accused to a fair trial by unbiased jurors," Burger said. Brennan, Stewart and Marr shall held "that resort to prior ' restraints on the freedom of the press is a constitutionally inv permissble method" of enforcing the right to a fair trial. Stevens agreed "that the judiciary is capable of protecting the defendant's right to a fair trial without enjoining the press from publishing information in the public domain and that it may not do so." However, Stevens added: "Whether the same absolute protection would apply no matter how shabby or iUegal the means by which the information is obtained, no matter how serious an intrusion on privacy might be involved, no matter how demonstrably false the information might be, no matter how prejudicial it might be to the interests of innocent persons, no mailer how perverse the motivation for publishing it, is a question 1 would not answer without further argument." In addition to joining Burger's opinion, White filed a separate statement expressing "grave doubts ... whether orders with respect lo the press such as were entered in ihis case would ever be justifiable." Burger's opinion was confined closely to the facts in the Nebraska case. Whre said it was not necessary to issue a Some hostages are re/eased by plane hi/ackers Teamsters pension violations may have far-reaching Impact WASHINGTON (AP) - The loss of tax-exempt status for the Teamsters union's biggest pension fund couW have a devastating impact on the fund itself, the employers who finance it and the pensioners who benefit from it, says a key trucking industry official. "The ramifications are really far-reaching," said William G. Mclntyre, president of Trucking Employers, Inc., the industry's bargaining arm, Mclntyre said the disclosure Tuesday that the Internal Revenue Service has revoked the tax-exempt status of the fl.4-biUion Teamsters' Central States Pension Fund for alleged mismanagement and imprudent loans came as a sur- prise. IRS officials, in keeping with policy, declined direct comment on the agency's action, contending that the affairs of taxpayers are confidential. But the officials did discuss generally the impact of an IRS decision revoking a fund's tax- exempt status, and their assessment of the - potential impact agreed with Mclntyre's. If the action survives expected appeals by the fund's trustees—IRS officials say the earnings and substantially reduce the amount of money available for paying out benefits. That would mean employers who contribute to the fund in behalf of their workers either would have to kick in more money or the benefits would be lower than tiny would have been otherwise. The workers do noi contribute to the fund. For employers who contribute to the fund, the government's action could mean they will have to pay taxes on con- said. The newspaper said the Teamsters boss said in a telephone interview that the action r extends back to Jan. 1,1566.-— ransom the rest o( the captives Fitzsimmons criticized the and the plane. At least 70 Is- action and suggested that IRS KAMPALA, Uganda (AP) Palestinian hijackers of a French jetliner today released 47 elderly women, sick persons and children among the more than 250 hostages they were holding for the third day at Entebbe Airport, the Ugandan government announced. Two Americans were among them. The West German Embassy, which handles American affairs in Uganda, identified the Americans as Carol Taylor, 33, and her son Eric, 6. No home town was given. The Israeli cabinet was meeting in emergency session lo decide what it would do about demands to free 40 prisoners to process could take years — the _ tributions deducted since 1965, Central States fund would be as well as on future contribu- liable for taxes on its earnings back to 1965. The revocation was reroactive to Jan. 31,1965. This could involve millions of dollars in both past and future Ford pondering tax WASHINGTON (AP) President Ford's signature on legislation rushed through Congress would prevent payroll tax withoMing rates from increasing at midnight tonight. White House Press Secretary Ron Nessen said Ford will decide today whether to sign the bill, but there was no indication the President would allow withholding rates to increase. Ford's signature would protect workers from a $3-$6 increase in weekly withholding from their paychecks. The freeze would remain in effect through Sept. 1, giving Congress more time to complete action on a long-range, catchall tax revision measure. > Without Ford's signature, withholding rates would increase when tax cuts enacted last year expire at midnight tonight. The Senate passed the stopgap freeze on withholding rates Monday and the House followed suit with unanimous approval on Tuesday. The Senate, meanwhile, continues debate on the over-all tax Weofher roundup Mostly sunny days and a clear cool night through Thursday. Lows tonight upper 40s and lower 50s. Highs Thursday tower and middle 80s. Winds light and variable tonight. High Tuesday 76 Overnight Low 53 At t a.m. 66. At Noon 76 Precipitation 24 hours ending 8 a.m. today, none. Ttmptralnres Oce Year Ago Maximum K. Mirumum 63. revision bill. On the agenda today was an amendment expected to pass easily that would impose tax withholding on income from interest and dividends in' the same way that taxes are deducted weekly from employes' pay checks. Such a system would catch millions of dollars worth of taxes that are lost when recipients of interest and dividends fail to report such income, experts say. If the tax cuts enacted last year were allowed to expire, il would mean a $445-per-year lax increase for a foui'-member family earning $6,000 a year. (Taxes) Continued o n page 29 tions. In the year ended Jan. 31, 1975, records filed with Ihe Labor Department show the trucking industry contributed $283 million to the Central States fund. If forced to pay taxes on that amount, the bill might run as high as $135 million. The fund is administered by 16 trustees, eight from the trucking industry and eight from the union, including its president, Frank E. Fitzsimmons. The trustees declined comment. Fitzsimmons confirmed Tuesday night that the IRS had revoked Ihe fund's tax-exempt status, the Oklahoma City newspaper, The Oklahoman, Commissioner Donald C. Alexander did not know the status had been revoked by subordinates in Chicago, the newspaper said. Over the years, the hind has been accused repeatedly of investing its members' money unwisely, making loans to people connected with organized crime and failing to provide proper pensions. An estimated $200 million has been invested in Las Vegas gambling and hotel interests, making the fund the biggest investor in that city. The departments of Labor and Justice began an investigation last fall into allegations of improper and illegal loans by the fund to persons with underworld ties. But the IRS action was not directly related lo either that inquiry or a separate congressional probe. Sources said the IRS decision resulted fron an investigation of Ihe fund that started before the other government agencies began looking into Central States affairs. raelis are among the hostages. Official Uganda radio said those freed were handed over to French Ambassador Pierre Renard, with Ugandan President Idi Amin and Somali Ambassador Hash! Abdullah.ac- ting as intermediaries. Besides the two Americans, the 47 included 33 French, one Canadian and various other nationalities, the announcement said. The Ugandan government said an Air France Boeing 707 plane had left neighboring Kenya for Entebbe to fly the freed hostages out. French Embassy officials said they believed the plane would go directly to Paris, but in airport spokesman in Nairobi said it might return there. Amin had asked Tuesday for the release of captives in distress. The handover took place at the new Entebbe civilian terminal, about a mile from the old terminal where the captives had been held. Israeli Prime Minister Yitzhak Rabin said in Jerusalem his government "considers itself responsible for the safety of every Israeli... and Israel will' act according to this principle." But he said France was responsible for the safety of the passengers who were aboard the hijacked plane. Every Israeli rooming newspaper urged the governent to adhere to its previous policy of refusing to give in to terrorist demands. "Bargaining with terrorists and submission to iJ M 1 Fergus Falls X-X ^^ I weekend events On the inside 4-H'ers promenade for annual dress revue. Page 5 Area happenings. Page 8 On the local scene. Page 15 Recreation at Phelps Mill Park. Page IB Here is the schedule of Bicentennial and Sports- tacular events in Fergus Falls Ihis weekend. Friday, July 2 — Swim meet at Junior High pool at 5 p.m. involving 250 swimmers from nine cities. Friday, July 2 — Short track cycles races at the fairgrounds at 7:30 p.m. A hundred riders are expected. Saturday, July 3—Bicentennial parade downtown at 11 a.m. The parade will start a' Ihe levee, go to Uneotn via Friberg, on Lincoln to Vine and end at the Athletic Part:. Saturday, July 3 — Fashion show at the Junior High auditorium at 2:30 p.m. Bicycle races also at 2:30p.m. in the Junior High parking lot. Saturday, July 3 - Watermelon feed in Roosevelt Park at 3:30. Saturday, July 3- Beef barbecue at6:30 p.m., VFW parking lot. Saturday, July 3 — Water Ski Show by the Detroit Lakes Sti Club at Pebble Lake-DeLagoon Park, 7:30 p.m. Saturday, July 3—Street dance in the VFW parking lot at 9 p.m. Sunday, July 4 — Powerboat ract? Pebble Lake- Detagoon Park at 1 p.m. Hydroplanes and tunnel boats will participate. Sunday, July 4 — All-faith religious celebration in Roosevelt Park at 7:30 p.m. Sunday, July 4 — Ice cream social and concert in Roosevelt Park at 9 p.m. Sunday, July 4 — Fireworks at dark east of school football fitkt their demands do not in the long run save human lives at all," said the Jerusalem Post. The five or six hijackers who took over the plane Sunday on a flight from Tel Aviv and Athens lo Paris also demanded the release of 13 prisoners held elsewhere — six from West Germany, five from Kenya and one each from France and Switzerland. They set a deadline of 8 a.m. EOT Thursday for the exchange to be made at Entebbe and treatened "severe and heavy penalties" if their demands were not met. France said it would not accede to Ihe demands. But French officials said the "prisoner" wanted from them was released last December and they did not know where she was. The West German and Swiss governments were waiting to see what the Israeli government would do. The Kenyan government denied that it had any Palestinian prisoners. The hostages, who include at least nine Americans, spent their second night on the benches and floor of a transit lounge at the Entebbe airport. The armed hijackers kept a close watch on them and on the hijacked plane nearby. Ugandan troops cordoned off the area but made no attempt to interfere with the Palestinians. Ugandan authorities said the hostages were well and that a medical team was with them. They said the hijackers had refused lo admit personnel from the International Red Cross, saying that organization was dominated by Israelis and imperialists. A French Foreign Ministry official was reported to have visited the hostages Tuesday afternoon. broader ruling to settle the Nebraska malter. But he said Ihe Supreme Court probably 1 'should a t some point announce a more general rule and avoid the interminable litigation thai our failure to do so would necessarily entail." Burger said the court's decision "results in part from Ihe problems inherent in meeting the heavy burden of demonstrating, in advance of trial,, that wilhout prior restraint a fair trial will be denied." He said the Nebraska judge who issued the restraint was "justified in concluding that there would be intense and pervasive prelrial publicity" about the case. But Burger said the judge's conclusion "as to the impact of such publicity on propeclive jurors was of necessity speculative, dealing as he was with I Gag orders) Continued on pagf ^ Donley seeks election to county board Duane Donley, rural Richville, has announced his candidacy for the Otter Tail County Board of Commissioners, representing the first district. That seat is currently held by George Walter, who has an- r.ounced that he will not be a candidate for re-election. Married and the father of six children, Donley owns and operates a 280-acre dairy farm in Dead Lake Township and the Sunrise Resort on Dead Lake. He is supervisor of the Dead Lake town board, director of the Perham Co-op Creamery board and the regional board of Land-0-Lakes, and the Zion Lutheran- Church board of Amor. Donley says his aim, if elected, is to be responsive to the needs of the district and county. One other person has announced his Intention to file for the first district seal. He is Sydney G. Nelson, rural Sebeka. Filing opens July 6. DUANE DON-LEY Sen. Go/dwafer endorses Ford WASHINGTON (AP) - Sen. Barry Goldwater today advised Republicans to stick with President Ford rather than risk their campaign future in "a hairsplitting debate" over his contest with conservative Ronald Reagan. Goldwater, the 1964 GOP nominee arxl an influential conservative elder, said this is not the year to change from in- Sips t\*l Higlnray Bpthtto tw»i cumbent to challenger. The Arizona senator had signaled all along that he preferred the Presidenl, particularly in criticizing Reagan's insistence on permanent American sovereignty over the Panama Canal and zone. Goldwater look the final step and endorsed the President in a letter sent Tuesday to delegates to the Republican National Convention, which opens Aug. 16 in Kansas City. "Many months ago, when Ihe campaign slarted. I made Ihe stetemenl th?l I would not become involved in backing either candidate," said Goldwater. "Many of you will say that I have already done this by tr.e position 1 took wilh Gov. Reagan on Panama, and I suppose that technically you are right, but today I have to take the last step ... and go on record as being in favor of President Ford." The Associated Press obtained a copy of the letter today. As Goldwater made his move, the AP count of Republican delegates showed Ford mlh 1,001 of Ihe 1.130 needed for nomination, but Reagan close behind al 976. There are 182 uncommilted Republican delegates, and 98 still to be chosen.
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