The Austin American from Austin, Texas • 1

The Austin American Read by the Decision-Makers of Texas Austin, Texas, Friday, June 30, 1972 Vol. 59 -No. 23 HOME EDITION 10 Cents 68 Pages Weather AUSTIN Late night and early morning cloudiness, otherwise partly cloudy and continued hot through Saturday with a small chance of a few late afternoon and early evening showers or thunder-showers Friday. Winds northeasterly 15 to 25 miles per hour, becoming southerly 6 to 16 per hour Friday except gusty and variable in or near thundenshowers. High Friday and Saturday upper 90's.

Low Friday night mid 70's. Precipitation probabilities; 20 per cent Friday afternoon and evening. Thursday temperature range: 77-97, See weather data. Page 9. SUNRISE: 6:32 a.m.

ID Vote Overturns Death 1 Pill enalty SUNSET: 8:37 p.m. WASHINGTON (AP) On a 5 to 4 vote, the Supreme Court Thursday ruled the death penalty to be illegal as it is generally used in the United States today. All nine justices filed separate and sometimes conflicting or ambiguous opinions. One of them, Lewis F. Powell said the ruling removed the death sentences produced by five justices who took divergent views of the Eighth Amendment 's prohibition against "cruel and unusual punishment." Justice William J.

Brennan took the position the death penalty "does not comport with human dignity." Justice Thurgood Marshall found it "morally unacceptable" and "excessive." from some 600 prisoners and nullifies the capital punishment laws of 39 states. Specifically set aside by the decision and a series of followup orders were 128 death sentences. But there were suggestions in the opinions, mostly by Chief Justice Warren E. Burger and Justice Potter Stewart, that it would be possible for state legislatures and Congress to enact a constitutional death-penalty law. Evidently, in order to be valid such a law would have to be applied uniformly and not leave it to juries to pick and choose which convicted defendants should live and which should die.

All four dissenters were permits a federal grand jury in Boston to go ahead with an inquiry into arrangements made by the office of Sen. Mike Gravel, D-Alaska, for publication of the Pentagon Papers by Beacon Press. Gravel said in a statement: "Today's decision may be the death-knell for an informed and vital Congress in this nation." appointees of President Nixon. In a second decision the court held 5 to 4 that aides of a member of Congress and even the congressman himself may be forced to testify before a grand jury about anything except their "legislative acts." The majority opinion, by Justice Byron R. White.

preach "anarchisti'':" or Marxist doctrines. The case involved Dr. Ernest E. Mandel, an internationally known Belgian Marxist, who sought a visa to lecture at colleges, universities and conferences in the United Slates. The capital punishment decision, probacy the biggest one of the 1970-72 term, was Also before recessing until October, the court ruled 6 to 3 that former U.S.

Sen. Daniel Brewster, can be prosecuted on charges that he accepted a bribe to influence his position on post office legislation. And, in another 6 to 3 ruling, the court gave the Justice Department authority to bar alien visitors who Today I 11'''' Nixon Tells Resumption Of Paris Peace Talks Austiu j- The Travis County Grand Jury Thursday returned 37 indictments against 35 persons, two no bills and several sealed indictments. Page 11 A 11 An increase in benefits with WASHINGTON (AP) Pres day Supreme Court decision -1 ident Nixon said Thursday ft 4 I fly night the United States and 1 I I North Vietnam have agreed to resume the Paris peace talks. He said the administration agreed to resume the sus pended Vietnam negotiations oi striking down the death penalty in a wide variety of cases doc3 not end the death penalty fot such federal offenses as kidnaping and air piracy.

He said he believes death is a good deterrent for capital crimes. Said there "should be an increase in Social Security" but warned that a payroll tax increase to finance a 20 per cent hike being debated in the Senate would wipe out the 19C9 tax out a pyrod tax hike would jeopardize the Social Security trust funi, he said, and "the increase must be a responsible oie." Pledged he would sign precisely worded legislation curbing the sale of cheap hand guns the so-called "Saturday niyht specials" and said this was the position he held before the attempted assassination of AUbama Gov. George Wallace. Thursday July 13 "on the as 1 sumption that the North Viet I i 1 A "A i i namese are prepared to nego 1 1 I 1l I it tiate in a constructive and serious way. AP Wirephoto PRESIDENTIAL PAUSE Nixon listens to question Nixon apparently misspoke himself as to the date of the resumption.

He said the talks ft would be renewed on April 13, but evidently meant July 13, a Thursday, and the normal I i I Nation Today's installment of reports based on the Pentagon Papers investigates the frustrating years of diplomatic efforts to resolve the "gut issue" of the Vietnam war: Who will rule the South? Page 20 President Nixon's extension of price controls to raw agricultural products and seafood is expected to have little effect on soaring food costs. Page 6 A 28-year-old former gas station attendant from Michigan was charged in last Vcek's $502,000 skyjacking of an American Airlines 727 jet Page 15 "Miami Beach, Mayor Chuck Hall hopped out of his white convertible, embraced 'Yippie' leader Jerry Rubin, and joined the front ranks of a peaceful parade Thursday Sn the first 'street action of the 1972 political convention season. Page 50 meeting day before the negotia McGovern Angry Over Loss Of 151 California Delegates WASHINGTON (AP) In a McGovern won in the winner-grounds that the California win- tions were broken off in April. And a few minutes later he spoke of a July resumption. I've already indicated that we will be returning to negotia dramatic blow to Sen.

George; take-all California primary tolner take al! primary dis- S. McGovern, the Democratic! candidates who trailed in thelcnfranchised the 55 ner cent of Credentials Committee voted by a narrow margin Thursday to strip the front-running presi voting. The vote was 72 to 61 The action, which will be appealed on the floor of the par tions in July," Nixon told a televised and broadcast news conference. "That is the important area to watch." At the outset; of his first broadcast news conference in more than a year, Nixon was ty nauunai convention in Miami Beach next month, will the state's electorate that voted against McGovern. The challengers also contended the primary violated in spirit a prohi- bition by McGovern's party reform commission against unit rule.

Reform was the cloak, but political muscle the real issue, as the Credentials Committee probably make more difficult McGovcnrs search for support dential contender of more than half the 271 delegates he wen in the California primary. Climaxing an often-heated, three-hour debate that included charges of political the credentials panel asked whether he could say that the war in Vietnam will be 1 I I I 1 i- 1 1 ended by next Jan. 20, when his among uncommitted delegates. The realignment, spearheaded by forces of Sen. Hu- first term expires.

awarded 131 of the delegates Jbert H. Humphrey, was He recited the record of troop dealt a severe setback to the McGovern campaign. withdrawals, reduced U.S. cas ualties and spending, and ad Humphrey hid said imme- ministration peace offers. diately after his California de AP Wireptioto Nixon said the only thing the administration has not done is City For CONVICTED TEXAS RAPIST ELMER BRANCH SHOWS NEWS TO NEXT CELL Branch is on death row at Texas State Penitentiary in Houston To Air Plan Hospital Aid to agree to the imposition of a Communist government in Saigon, which he said would "re ward aggression and would feat that he wouldn't be a spoilsport and challenge the winner-take-all rule.

"I was wrong, just simply wrong, that's all," He said after the successful challenge. "I've got a little habit, 1 just talk too much." Muskie said he was neutral on the California challenge. "It makes the convention much more interesting," said the one- dishonor the United States of Texas' Condemned Elated, Worried About Next Step More Council News, Page 2 America." By MARY M. MOODY Staff Writer City councilmen Thursday World The dollar gained strength in Europe Thursday, and it seems the threat of Britain's decision to float the pound sterling was overemphasized. Page 21 A last-minute bid for more money by American chess champion Bobby Fischer has jeopardized the world championship match with Russian Boris Spassky scheduled for Reykjavik, Iceland, beginning Sunday.

Page 10 Death Row Cheers Decision In fielding questions, the President instructed Deputy City Manager as intern training for a hospital to receive doctors to train. HUNTSVILLE, After they put it off and life imprisonment. Sellers said Tex. (AP) way. The proposal would include Dan Davidson to investigate a proposed plan from the Central Texas Medical Education Texas death row turned into a'put it off, I figured they would Democratic leader who the city contracting with the time cheering fraternity house scene many of the condemned in his area of the cell block said they would prefer "to go down" than Foundation to provide trainingjfoundauon t0 provide doctors to quit active primary competition do the same tiling." But Calvin Sellers, Praised Vice President Spiro T.

Agnew and said reporters should certainly not assume Agnew will be dropped from the Republican ticket this year. But he stopped short of saying Agnew would be his running mate again, pledging to 30, of Ihclp staff the hospital and after a succession of defeats. Associaletl Press 'Thursday when radio bulletins Death row inmates in U.S.jannounced the U.S. Supreme prisons cheered and whoopedjCourt had ruled executions are to spend life behind bars. Houston, condemned to die for Hospital emergency room' leaching physicians for medical ticatment.

Straining. "I don't believe in the death After the ruling McGovern declared he would not support the nominee of the convention his part in a sensational armed robbery and torture of a Hous unconstitutional when they learned the Supreme The American Medical penalty but I can't judge other people," Branch said. "If I Riirl llrvdon unrl Dr ton couple in 1964, said an ap ajJ Association (AMA) Council On me uttuiuii is uiiciu mm other councilmen lunched Sports prenensive gloom settled over ever get out, I'll try to find i job. I would go someplace new Court had barred capital punishment. Their hopes were perhaps expressed by convicted rapist Lucious Jackson the death house when the in Brackenridge Thursday and discussed the proposal.

medical education has decided proves vital nis cieieai. to combine the intern andi But he expressed confidence residency requirements for doc- he will still be nominated on I would go somewhere where I mates began wondering what Because of new professional happens to them now. Particularly elated was Elmer Branch, whose' case was one of three the high court ruled on specifically. "I felt real good," said Branch, a 25-year-old Negro convicted of raping an elderly white woman at Vernon, in 1967. "I was surprised in a tors into a single "postgraduate! the first ballot and that the nil could make something of my self." nifke and announce that before the GOP national convention in August.

Said the arms-control agreements he signed in Moscow were intended to "at least put a brake" on development of new weapons but said the United States must press for-wtrd with sDendinc for arms "I've been thinking about death Sellers said that throughout for a long time. Now I can Sellers said the 45 prisoners on death row are concerned about recent commutation of standards a 1 1 i education" program. Biackenridce is facing aj Brackenridge has been cutback of interns, which: getting 14 interns, but because officials sav will cause lthe hosPilal hs few say his eight and a half years be ing will he overturned. Referring to Humphrey, McGovern said: "It shocks and grieves me to see an old friend think about living." But to many other persons, hind bars he never "entertained the thought that I would death sentences in California to in The Atlanta Braves sold first baseman Orlando Cepeda to the Oakland A's for an undisclosed amount of cash Thursday and then bought controversial pitcher Denny McLain from the A's Birmingham farm club. Page 35 American teen-agers Chris Evert and Jimmy Connors continued their winning ways at Wimbledon Thursday.

Page 33 staffing the; residencies, the figure is a respected American in- in half for thp npiv training cmnthinrr including some law enforce not covered by the accords be-' go down." On the death penalty, Sellers whose narrow, dimly-lighted cause the Soviet Union is doing' hospital's emergency room. The: jn Ju)y jas s0- new standards would require; Dr, Dryden said the proposal! Humphrey responded that Declared he hopes Thurs-j residency type training as well! (See COUNCIL, Page 6) 1 (See FIGHT, Page 6) ment and public officials, the mood after Thursday's court ruling was expressed by Mis- cell is jammed full of lawbooks Newsmen Liable To Grand Juries said, "I can't say I'm against it ctctinni'c C.twr P.ill W-jllOf 'Tf iiiMti'i'i a uu, a 100 per cent. In some extreme believe we can have better law cases, it is justified. Sellers received the death enforcement with the death WASHINGTON four (AP) iliam H. Rehnquist, the sentence for his part in holding Nixon administration Newsmen, like all citizens, penalty." ap Senators Reject Black Appointee a Houston couple captive in nave an obligation to answer Legislators in some stales pointees to the court.

Justice Potter Stewart, in dis Ind their fashionable home while the couple was burned, beaten grand jury subpoenas and supply information in criminal in ex sent, said the ruling "invites state and federal authorities to and tortured during a robbery. vestigations, the Supreme Court session failed to receive Capitol Staff iOpen undermine the historic inde hellers and his death row ruled 5 to 4 Monday. The decision, in three cases. The Senate Thursday rejected companions were mostly smiles pendence of the press by at the appointment of black and cheers as newsmen and tempting to annex the journal vowed to try to reinstate capital punishment in some circumstances, an option left open by the Supreme Court. But if the ruling caused some misgivings outside the prisons, it triggered jubilation inside them.

The 96 men and 1 woman under the death penalty at Florida's Raiford prison were told of the ruling as they came flatly rejected the contention the First Amendment grants I a ii i t'' I 4 A television cameras contended for interviews and pictures in istic profession as an investigative arm of govern reporters a special immunity to University of Texas law student Richard Moore to the Texas Southern University Board of Regents. Moore, the first student ment." the jubilant death cells. protect them from disclosing the required two-thirds majority by a vote of 15-13. Moore's appointment had cleared the Senate nominations committee hearings last week unchallenged. The other 324 "noncontrovcrsial" appointments were approved Thursday.

Senator Chet Brooks of Houston later said the Senate rejection was "not against a material they have obtained Branch was convicted of Powell, one of the majority from confidential sources. breaking into the home of an justices, disputed this con tention in a separate opinion. elderly woman, raping her, rob Justice Byron R. White, writ out of a movie. There was regent in Texas, was appointed by Gov.

Preston Smith last Feb. 14. bing her coin purse and threat He saici: "The solicitude re ing for the majority, said: Amusements 45-47 Ann Landers 19 Bridge 25 Career Corner 12 Classified 52-67 Comics 30 Crossword Puzzle 30 Deaths 32 Dollars and Sense 26 Editorials 4 Heloise 25 Horoscope ...19 Joyce Haber 27 L. M. Boyd 30 Markets 48-49 Public Records 29 Salute 26 Snorts TV-Radio 19 Weather 9 Your Good Health 13 considerable shouting and hilar peatedly shown by this cofirt ening to rape her again.

ine constitution does not, as ity," said Asst. Warden James The Senate killed the i Mark student." His court-appointed lawyer Tomplins. for First Amendment freedoms should be sufficient assurance against any such effort." unsuccessfully defended Branch appointment shortly after it rejected a motion by Senator Warden Walter Capps of Hol- it never has, exempt the newsman from performing the citizen's normal duty of appearing and furnishing information relevant to the grand jury's task." White was backed by Chief Joe Christie of El Paso to Justices William O. Douglas, "We showed that by unanimously confirming Mack Hannah the first black appointed to the University of Houston Board of Resents," he man prison in Mobile, said the 29 death row inmates on grounds the crime was not as bad as the punishment. The lawyer Melvyn Bruder, said equal protection of the law is William J.

Brennan Jr. and review the 325 nominees up for Thurgood Marshall dissented in confirmation in public. The motion to suspend the rule addition to Stewart. denied when a Negro is sen- said. fp knew of the decision through their radios before he did.

"They let out a big cheer when they heard it," he said. Justice Warren E. Burger and Justices Harry A. Blackmun. which bars the Senate from One of the cases concerned tenced to die on the complaint (See NEWS, Page 6) I of a white woman, Brooks also said he hart RICHARD MOORE, GOV.

SMITH AT NOMINATION (See SENATE, Page 6) Senators rejected Moore's annointment Lewis F. Powell Jr. and Wil- considering appointments in 1.