The Baltimore Sun from Baltimore, Maryland • 5

THE RUN, BALTIMORE, TUESDAY MORNING, MARCH 22, Iflfifi PAGE A 5 r.i Supreme Court Upholds 2 Obscenity Convictions HIGH COURT TO EXAMINE GAMING TAX Bench To Hear Appeal By ADAM CTYMKR (Continued from Page A 1) TOY, ASPIRIN SAFETY URGED BY JOHNSON President Calls For Legislation To Protect Children U.S. TO MOVE DOMINICAN AMBASSADOR Aide Fulbright Assailed During Crisis Due Portugal Post the social value criterion, in dis -JMu AaA Wj .1 missing expert testimony on the literary merit of the work, was Black and rotter Stewart con curred in the result, with different Attackina Federal opinions. DOWNTOWN YORK ROAD REISTERSTOWN ROAD Justices Tom C. Clark, John M. a Gambling Laws Washington Burtau of Sun Harlan and Byron R.

White each filed separate dissents. Justices iii White and Clark said the social By rmi.ip POTTER Washington Bureau of Tht Sun I importance test from Roth Vs United States in 1957 had been a Washington, March 21 The constitutionality of Federal gambling tax laws will be reexamined Washington, March 21 W. Ta- mere description of obscenity, not pley Bennett, Ambassador to the a test. The "Fanny Hill" decision, Dominican Republic, whose judg ment at the time of the crisis wrote Justice Clark, "gives the smut artist free rein to carry on next year by the Supreme Court, which upheld them in 1953 and 1955. Thu htfifl mnrf nnnnnnnl there last spring has been sharply his dirty business." questioned by Senator Fulbright Slates Get More Leeway -w v.

MIIIIUMIIVVU (lay it would review the case of chairman of the Sen But Justice Harlan said while ate Foreign Relations Committee, he felt the First Amendment's is being moved to Portugal. control on the Federal Govern The White House announced to ment could allow only "Hardcore day that he will replace Georce W. Anderson, former Chief of RALPH GINZBURG Prison term upheld pornography to be banned from the mails (and "Fanny Hill" was Naval Operations, at the United not in that class), states re States Embassy in Lisbon. Ander Frank Costello, convicted in 1964 for failing to pay the tax or to register as a Rambler and for conducting gambling operations In Bridgeport, Conn. Costello, sentenced to a year In prison and a $10,000 fine, challenged his conviction on several ground, Including pre-trial publicity.

Real Ruling Cited But the court today agreed to review it In the licht of its rul ation of material are equally rele son is resigning after about two tained more latitude. He said state obscenity laws, based on a vant to determining whether so years as a diplomat. greater interest in local condi cial importance claimed for Bennett, 49, a Foreign Service tions, should be limited only to officer much of whose career was having a rational standard. concerned with Latin America, The 5-4 holding in Gmzburgs came into national prominence as material in the courtroom was, in the circumstances, pretense or reality whether it was the basis upon which it was traded in the marketplace or a spurious claim case came as a surprise. Justice one, who, along with Thomas C.

ing last fall that privilege against Brennan, joined by Chief Justice i d. ii Mann, Under Secretary of State Warren and Justices White, Clark selt-incrimination narrea the uo-vernmont from forcing individual members of the Communist par for litigation purposes, he wrote. and Fortas, said the three pub By MURIEL DOBBIN (Continued from Pagt A 1) pulous operators "charge all that the traffic will bear" wringing from unwary purchasers a price far higher than the credit market requires. "The right of the consumer to know the actual cost of his credit has been ignored for too long," the President stressed. Reminding that credit charges, totaling $24,000,000,000 last year, are "a key item in the consumer budget," he urged that the consumer be protected and informed in his use of the credit system.

To Insure Fair Competition The President underlined the fact that the proposed legislation will insure the fair competition desired by legitimate lenders, but will not regulate the cost of credit itself nor interfere with existing laws. Dealing with the question of fair packaging and labeling, Mr. Johnson recommended legislation requiring simple, accurage and visible information regarding the nature and quantity of a package's contents, and the banning of packages with "promotional gimmicks which promise nonexistent savings." He also suggested the establishment of reasonable weight standards to facilitate comparative shopping. "Mus Dto Its Share" 'The Government must do its share to insure the shopper against deception, to remedy confusion and to eliminate questionable practices," declared the Chief Executive. He pointed out that the housewife "often needs a scale, a yard- for Economic Affairs, allegedly influenced President Johnson in sending a strong marine force lications were "originated or sold as stock in trade of the sordid The four dissents in this case linked the court's generally most ty to register with the Justice conservative members, justices Department.

The tax and rccistration statu into the Dominican Republic during the crisis to thwart a Communist takeover. Fulbright Speech Cited Stewart and Harlan, with its out business of pandering." Post Offices Cited If limited in sales to physicians or marriage counselors, he sug tes. imheld bvi a divided court spoken liberals, Justices Black in 1953, are the main anti-gamb Fulbright, after hearings by his and Douglas. "Lack Of Confidence" Senate Foreign Relations Com ling weapon of the Federal government. Numbers of accused eamhlers who have avoided iden gested, their alleged "redeeming social value" might have insured them against prosecution.

But, he "Censorship reflects a society's lack of confidence in itself. It is a mittee, which issued no report, took the floor last September 15 tifying themselves through regis hallmark of an authoritarian re with a speech highly critical of full length monk's robe no by Janet Lynn This versatile cotton terry robe may be worn on the beach, for the bath, and for loungincj. Styled with calf length side slits and 22" back zipper. Montego blue, Klondike gold, shocking pink. Sizes petite, small, medium, large.

Stewart's Street Floor Lingerie the Administration role. It was tration, which would tnreaien state Drosecution. are arrested noted, "Eros early sought mailing privilege from the postmasters of Intercourse and Blue Ball, Pennsylvania. hamlets were chosen only for the value his first abrupt clash with the Ad gime. Long ago those who wrote our First Amendment charted a different course.

They believed a society can be truly strong only from time to time in large, public ministration. At one point In his speech Ful their names would have in fur If 1 i bright stated: The principal rea thering petitioners' effort to sell when it is truly free," wrote Justice Stewart. son for the failure of American policy in Santo Domingo was faul their publications on the basis of salacious appeal." ty advice given to the President by his representatives in the He asserted the majority's standard leads to "government by Big Brother" and emphasized that only "hardcore pornography" Dominican Republic at the time Social Value Questioned Justice Brennan also said advertising focused on sex. "The deliberate representation of the acute crisis. "Much of this advice was based could be suppressed.

of petitioners' publications as ero- ized raids. The high court today avoided reaching broad conclusions in condemning juvenile court procedures in the District of Columbia. In an opinion by Justice Abe Fortas, the court said it would not probe "basic issues as to the justifiability of affording a juvenile less protection than is accorded adults suspected of criminal offenses," such as prompt arraignment and right to counsel. Case Sent Back The court, by a 5-4 decision, sent the case back to the district court here to decide whether juvenile court jurisdiction could properly have been waived. in misjudgment of the facts of the Justice Black insisted the First Amendment flatly barred Federal tically arousing, for example, sti- situation; some of it appears to mulaled the reader to accept burden on speech and expression them as prurient; he looks for ti- stick and a slide rule to make a have been based on inadequate evidence, or, in some cases, simply inaccurate information.

On tillation, not for saving intellec- of ideas of any kind." Justice Douglas agreed and particularly scorned the emphasis on how the tual content. The circumstan rational choice" in a supermarket. "She has enough to do without the basis of the information and ces of presentation and dissemin- counsel he received, the President could hardly have acted other performing complicated mathematics in the stores," added the than he did." 2 Key Officials Not To Save Lives At another point, Fulbright said President, noting that an accurate and informative package need not add to the producer's cost, but Bennett had been in position to Resign At FDA Washington, March 21 WV-The will add to the welfare of the bring "possibly decisive mediat ing power to bear for a democra American consumer. The President went on to re tic solution," but had declined to It said the actual 1961 waiver, without the required "full investigation," violated the law. The accused, Morris A.

Kent, was convicted of 6 housebreaking and robbery counts, and given a total sentence of 30 to 90 years in prison. But he was found not guilty by reason of insanity on two contemporaneous LL I commend additional precautions two top men in the Food and Drug Administration's Bureau of Medicine resigned today, effective at the close of business tomorrow. do so on grounds it would have for the accurate and detailed been "intervention. i 1 1 iii i ii in When the United States did in labeling of drugs. He suggested that the Government require This was a speed-up In the plans tervene by sending in 20,000 ma of Dr.

Joseph F. Sadusk, the rines, Fulbright said, it was "not to save American lives, as was medical director, who had I intended to leave April 15. There had been no previous indication that the deputy director, Dr. Jo contended, but to prevent the vic labeling changes on any drug, old or new, that it require certification of all drugs whose efficacy or lack of it can mean life or death to a patient, and that the unsolicited distribution of drug samples by mail should be controlled. tory of revolutionary movement" wrongly judged to be rape charges.

Justice Fortas, announcing his opinion from the bench, noted juvenile court here in 1961 "had only one judge and he was hopelessly overburdened." He also warned that although U'nrcl nt 9 U'nrllU seph M. Pisani, intended to leave. book was promoted or sold. Justice Harlan said the Federal Government could bar only hardcore pornography. 2 Dissenters The Mishkin decision found Justice Douglas joining in Justice Brennan's majority, with only Justices Black and Stewart dissenting.

The court opinion rejected the defense that his books' concentration on "deviant sexual practices" put them outside the prurient interest standard, because to the average person, "instead of stimulating the erotic, they disgust and sicken." Since these books were "designed for and primarily disseminated to a cleariy defined deviant sexual group," Justice Brennan wrote, their prurient appeal to that group rather than the general public justified prosecution and suppression. Justice Black repeated his insistence that the First Amendment, as applied to the states by the Fourteenth Amendment, barred such action and warned that "more lengthy sentences are inexorably bound to follow in state and Federal courts as pressures and prejudices increase and grow more powerful, which of course they He said the President was over reacting to "exaggerated esti Drug clearance and surveillance procedures of the bureau have been under criticism from a House committee. The new commissioner of food and drugs, Dr. James L. God- mates of Communist influence in Windsors Arrive New York, March 21 MV-The the rebel movement." TV I Took Over In 1964 Fulbright also -suggested that Duke and Duchess of Windsor arrived from Europe today on the liner United States for a two month visit.

dard, is the first physician to Jf Si 1 fiK Tafredda Skirt United States policy toward the Dominican Republic had shifted "markedly to the right" between September, lp63, and April, 1965, when the Dominican crisis oc head the regulatory agency in years. Some observers had speculated this would have the effect of downgrading the importance of the post of medical director. Goddard also has under way a reorganization of the entire agency, including the Bureau of curred. Bennett took over the Domini ENJOY Good 101 Wayi on Meat, Fish, Eggs, Rice pflGU can post in March, 1964. Asked today whether he would He also warned that although the court was not going into constitutional issues involved in juvenile court procedures generally, "there is evidence.

there may be grounds for concern that the child receives the worst of both worlds: that he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children." Justice Potter Stewart, writing for himself and Justices Hugo L. Black, John M. Harlan and Byron R. White, dissented and said the case should be sent back to the Court of Appeals for the District of Columbia for a determination on whether the juvenile court statute had been obeyed by the authorities. The court also agreed to review: i A rballonpfl in New York oppose Bennett's nomination for Liners pettislips by American Maid $4 and $5- AOMlTTI the Lisbon post, Fulbright said he $56,000,000 Due had given the matter no thought "America'! Teiilitrt SPAGHETTI SAUCI as yet.

To Aid Students Washington, March 21 W) President Johnson announced today the award of $56,000,000 in Federal funds under a new pro gram to provide grants for academically qualified students who cannot afford to attend disbarment proceedings against i i i it college. I 'I yo This is the first award of funds authorized under the 1965 Higher Education Act. The program is administered by the Office of an attorney wno invoiced me nun amendment. Attorney Samuel Spevack challenged his disbarment, which came after he refused to produce records for a State judicial inquiry on contingent fee practices. Fails In Duty Education.

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Handsomely tailored in bone textured or black calf, 19.99 needs. The funds are for the ment privilege, when he invoked 1966-67 academic year, beginning with the fall semester. it he tails in nis mnereni uuiy to the court to divulge all pertinent Information necessary to ehmu his character and fitness The Office of Education expects to approve awards to about 75 more colleges and universities in May for an additional 3,300 stu to remain a member of the bar and necessary to the proper ad-minstration of justice, and he dents. This will complete the commitment of funds appropriated in the present budget. must, consequently, torieii nis privilege of remaining a member ot ho hnr 2.

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