The Yuma Daily Sun from Yuma, Arizona • Page 1

Editor's Nottbook Could Our Sen. Hayden Be President? By JONES OSBORN Could Arizona's Senator Qarl Hayden become President of the United States? 10c THE Senator Hayden, as we all a more seniority than any other senator. outranks them a 11. Because of this, he is President Pro r. of the Senate.

It is common- that the. 1947 law on 'presi- dential c- cession puts the President Pro Tempore of the Senate third in line, after the President himself. That is, the vice president would be first, the Speaker of the House second, the President of Senate, third. THE WEATHER Highest yesterday Lowest Temperature at 11 a.m. today Relative humidity at It a.m.

Average high this date 54 59 74 45 Average low Uils date ECA ostly day. Warmer today with northerly age lo FORECAST to Tuesday night: Mostly clear today through Tues- A A A I A I winds 10-21! miles per hour diminishing tonight. Cooler tonight. High 66: low 35. Sunset lunrlie YUMA SUN--VOL.

60--NO. 77 10 PAGES PER COPY I0c YUMA. ARIZONA, MONDAY, FEBRUARY 17, 1964. PHONE SU 3-3333 ARIZONA SENTINEL-- VOL. 90-- NO.

284 County Pushes River Park Historic Ruby Trial Gets Under Way The question about Senator Hayden was raised in a letter from a student in a schools. It it timely, because of the assassination. -Here is -my reply: daw passed in 1947 regarding presidential succession provides that the House Speafc- er shall act as President in the event that neither the President, Vice or any other 'person who may have advanced to the presidency (including a previous House Speaker), is able to discharge the of: fice because of "death, resignation, removal from office, -inability, or failure to qualify." In the event that, there is no Speaker, or the Speaker does not qualify for the presidency, then the President Pro Tempore of thc Senate President. It would work like this: Defense Motions Denied Bandit Gets $200 at Jquor Store Here If President Johnson should die, resign or be disabled, then Speaker McCormack would be in line to be President. Then if McCormack, in turn, were to die, the President Pro Tempore of the Senate (Hayden) would NOT advance to the presidency--unless the House of Representatives.had.failed-in the meantime to choose a Speaker who qualified (through age, U.S.

birth, et cetera) for (he presidency. Yes, Senator Hayden could become President. But only if the House elected a new Speaker who failed to meet the qualifications for President. Eyler Murder Trial Starts in Prescott Tues. The trial of four Yuma youths charged with the murder of a sailor here -gets under way in iPrescott tomorrow.

Accused in the Eyler Murder Case are Roger CasUeton, 18; Richard Mellor, 18; Jerry Hillyer, 20; and Robert Hoffman, 20. They are being tried in Prescott after a judge granted- a defense motion for a change of venue. The boyd of John Warner Eyler, 25-year-old sailor, was found on County 12th Street early on the morning of Nov. 4th, 1963. Stationed at MCAS on temporary duty, the sailor had been beaten death.

The four suspects were 'arrested that Same day after a second serviceman reported that he too had been beaten and robbed the night before. County Attorney Jeff Richards will ask for the death penalty in the first degree murder case. Judge Jack Ogg of Yavapai County will preside at the trial. Five Yuma defense attorneys will defend the suspects. Trial is expected to take several weeks.

Bulletin: DALLAS (AP) Attorneys for Jack Ruby opened his murder trial today with a motion for a directed verdict of acquittal and Judge Joe B. Brown promptly overruled it. The defense attorneys, Kelvin Belli and Joe Tonahi'll, said they based the motion on the result of a neurological examination of Ruby conducted J'an. 29-30. Ruby with murder with malice in the shooting of Lee Harvey Oswald, accused assassin of President Kennedy.

Tonahill said that the examination showed "brain damage." James Bowie, assistant district attorney, objected there was "no procedure" for this. Up to Jury In motion for acquittal, the judge said "that is a matter for the jury to decide." The defense also offered two motions on grounds of double jeopardy and judicata -that is, the question already had been adjudicated. These apparently were based on testimony introduced in a 'bond hearing and in a hearing on a motion to transfer the another city. The defense motion for ac- quitUl was.based,on of "a'psycTiialric'examination Ruby, ordered by the state, and conducted by three psychiatrists. The neurological evidence contained in the repor was locked up in the custody of the court.

Brain Damugc There have been conflicting reports about the contents. One was that the report showed no brain damage, the other that i did disclose organic a i damage. At 10:10 a.m., Judge Brown ordered the courtroom clcarec to make room for the first 15( jury candidates. He selected them out of a stack of white cards, apparently at random About half were women. At 11:50 a.m.

Judge Brown finished his session with th first group of prospective jur ors and called a recess. Red Hurls Grenade at Yanks in Saigon SAIGON, Viet Nam (AP)-Communist terrorist threw grenade at a U.S. military security 'team tonight while' three-man group was invest! gating a new bomb report. One U.S. Army officer wa knicked by grenade fragment but did not require hospitaliza tion.

HssniniraiiiHiiiiiiiiiiii Inside Sun Business 10 Comics Crossword Movies Sports TV and radio 8 Women A bold armed robber held up he La Mesa Drive-In Liquor tore at 849 4th. Avenue, last igh't, leaving with $200 in cash nd two fifths "of According to a clerk at the tore, Mrs. Shirley Flanagan, subject drove up to the rive-in window of the liquor tore at about 7:57 last night nd ordered two fifths of whis- ey. When the clerk returned with he whiskey, the man said, I'll take your money." At Costello Deportation Overturned WASHINGTON (AP) The Supreme Court overturned to- lay an order for deportation of Frank Costello, 71-year-old New York gambler. Justice Stewart delivered the 5-2 decision.

Justice White dissented with an opinion in which Justice Clark joined. Justice Harlan took "no part. Costello was born in Italy anc brought to this country when naturalized ri 1925' but naturalization was canceled in 1959 on the jround he obtained citizenship ly fraud. In 1954' 'convicted of evading income taxes in 1948 and 1949. He served two years in prison.

In 1961 he was ordered deported as an alien convicted of two crimes involv ng moral turpitude. The U.S Circuit Court in New York ruled -the two tax convictions were such crimes and uphelc the deportation order. Appealing to the Supreme Court, Costello said the immi- law provision involvec did not apply to him because he ivas a naturalized citizen anc not an alien at the time of-his convictions. The Justice Department con tended tire section applied be cause the revocation of Costel lo's naturalization meant hi never was a citize'n legally. rst the clerk thought lie was He then pulled a gun nd said, "Give me your mon- or I'll shoot you sure as ell." He then asked if the safe as -open.

The clerk said, No." He then told, her to open register. The clerk gave i-m $200 from the register and left. The robber is described as a male American in his ate 30's or early 40's, with a an complexion and wearing Levi's and a coat and a our-weather cap. He was driving a 1963 four- oor Chevrolet Inipala, which may be stolen. The license umber is believed to be FHN- S46.

Yuma Police are investigat- ng the robbery. There are no uspects as yet. Supreme Court Orders Equal Representation WASHINGTON (AP) The Supreme Court ruled today th Constitution requires "equa representation for equal num bers of people" as a fundamen goal for the U.S. House Representatives. The decision was handei down in a Georgia congression al districting case.

Justice Black, delivering th majority opinion, said federc courts have authority to loo into congressional districting. "While it may not be possibl to draw congressional districts with mathematical precision, Black said, "that is no exuus for ignoring our Constitution 1 plain objective of'making equa representation for equal num bers of people the fundamenta goal for the House of Repre sentatives." Redistricting Action Pledged By Sen. Giss PHOENIX (AP) Arizona egislative leaders said today that action would be taken this icssion toward reshaping the state's congressional districts. The statements came immed after a U.S. Supreme Court decision jjff equal' representation for cqua population.

Arizona does not meet thi: requirement. About 51 per cent of the popu lation is within the first district which embraces all of Maricopa County. Another 30 per cent is in the second district Pima, Final Yuma, Cochise and Santa Cruz The third district includes th other eight counties which 'hav only a small percentage of the state population. Senate Majority Leader Har old Giss, D-Yuma, said today 'We must, absolutely mus' take action this year. The Su preme Court has spoken and have a responsibility to fulfill.

'I say we must remain i session until this congressional districting problem is com pletely solved. Even if we mus work overtime and past th regular adjournment date." Compromise Sought on Tax Bill WASHINGTON (AP) Sen ate Housed conferees resum work today on the tax bill witt the possibility that a compromise measure may -be workec out by Wednesday. This could mean the measui would be ready for Presiden Johnson's signature by ne week, opening the way for higl er paychecks for the averag taxpayer by mid-March. The conferees are trying tc iron out differences -between th billion tax cut passed the House and the $11.9 billio reduction approved in the Sen ate. YUMA MEETING Present for the meeting here of the State Welfare Board this morning at the Stardust Hotel were (left to right) George McQuistion, Coolidge, Mrs.

J. C. Willis, Tucson, vice chairman, James Duke Cameron, Yuma chairman, Robert Bohannan, Phoenix, the board members, and Fen Hildreth, Welfare Department commissioner. (Sun Staff Photo) Say 1-8 Could Miss Us In the face of a warning that the new Interstate 8 may bypass Yuma completely, the Yuma Merchants Association is making one last effort this week to work out a route which the entire community can agree on. Buddy Self, Pete Petrucelli andi Mrs.

Loyce Warmer of the Yuma Merchants Association appeared before the Yuma County Board of Supervisors today to state their case. They are afraid that the "east" route as proposed by the State Highway Department will prove injurious to their businesses along 4th Avenue. They asked the Supervisors to defer any acliion on Interstate Seek Funds For Planning 590 Acres DEATH THREAT Thomas Dunning, 30, holds sharp paring knife to throat of his 11-year-old daughter, Linda, threatening to kill the child-unless police locate his missing wife. Frightened child was held for more than five hours. This photo shot through iuitin (AP Wirephoto) until they meet with had a chance to other interested Hildreth, Bohannan at Odds in Welfare Meet groups and attempt, to work out a route more satisfactory to them.

A Warning Chairman Robert K. Nissen of the Supervisors warned that, unless the Yuma area gets together on a route "right away," Interstate will be built through the Dome Valley northeast ot Yuma and bypass Yuma entirely. He said the Highway Department had long ae it Supervisors now have before them a letter from Justin Herman, director -the State Highway Department, dated Jan. 30, 1964. He states that the Engineering of the Department has recommended the so-called "east" route.

This route would leave Highway 80 in tile vicinity of mile- Yuma County Supervisors today made formal application for $110,300 in federal funds to start preliminary planning of a 590-acre river park that could cost as much as $9 million over a 20-year period. Super- visors were told this morning the park might be self-liquidating, in view of the growng demand for outdoor recreation. The application for federal funds is being made to the Community Facilities Administration of the Housing Home Finance Agency. If the park is ultimately built, the $110,300 would have to be repaid. If no park is built, the funds are not repaid.

Simultaneously, Supervisors today prepared a contract with a firm of Phoenix engineers to do the planning. The firm is Flatow, Moore, Bryan Fair- hum. They have planned similar parks in Texas and one at Lake' Tahoe for Del Webb, prominent U.S. developer. Plim Zoo Preliminary sketches submitted to the Supervisors this morning.

Tin; initial phase of construction would call for a children's zoo, picnic area, several' parks, pitch and putt golf course, swimming pools, 18 hole championship golf course, -golf clubhouse and boat marina, small boat canals and lagoons. Tlie second phase of con-provide such mobile home struction facilities might as waited "about as wants, to." park, vacation village, museum with arts and crafts center, bridle paths, stables and rid- An' open clash between Fen. Hildreth, state welfare commissioner, and Rdberl Bohannan, state board member from Phoenix, was at least temporarily avoided by a i a James Duke Cameron this morning. The state board held its meeting here in the Stardust Hotel. Bohannan charged Hildreth with inefficiency in his administration.

commissioner was also accused of failing to heed instructions by the board. Hildreth replied to the charges in a statement submitted to the board this morning. A Threat Bohannan threatened to ask for Hildreth's resignation immediately if the statement was released to the public during the meeting. He said he had only received his copy of it and needed time to study it. He indicated if the statement was held up, he would make a reply to it.

"I don't object to the release of the statement," Bohannan said. "However, I didn't see it until this morning. If it is made public during the meeting, I'll ask for Hildreth's resignation. If not released, then I'll have time to study it." Cameron asked for a motion to withhold publication of the statement. Bohannan made the motion but it died for lack of a second.

A motion was then asked to release the statement. None was forthcoming. Cameron then announced he felt it his obligation to the public to release the statement after the meeting today. At Odds There was some discussion between Hildreth and Bohannan about the contents of the statement. Bohannan said that he did object to a section of the statement which indicated ho was "waging a cold war on social workers." "I didn't say anything about a war on social workers," Bc- har.nan said.

Most of the morning session was taken up with a discus- ifion of th training of social workers at the Graduate School of Social Services administration at Arizona State University, Tempe. Leading the discussion was Dean Horace W. Lund- 'berg, of tire graduate school. He gave a brief resume of the founding of the school and objectives then asked for questions. To a question from Cameron about apprenticeship training for social workers, he replied that practical exiperience was important but that academic training was necessary.

Bohannan asked if experienced persons were superior or not and Dean Lundberg replied that good experience was better than none. He suggested that the state welfare board's chief problem was retaining good personnel. (Turn Page 5, Col. 5 Please) 13 Are Killed by Sneak Storm in New England By THE ASSOCIATED PRESS A sneak Northeast whipped by gale force winds deposited up to IS inches of snow and caused at least 13 deaths in New England Sunday. Temperatures dropped into the teens over much of the area after the storm passed.

Many highways, cleared of all but an inch or two of packed snow, became by sheets of ice. The wind, clocked at 92 miles per hour at Truro on Cape Cod, Inshed coastal communities, built up huge drifts and created I blizzard-like conditions. Lyle T. Novis Dies At Home Sunday Lyle T. Novis, 55-year-old Yuma businessman, died yesterday at his home, 564 7th Avenue, it was announced at the Johnson Mortuary.

He was president of the Novis Distributing Company and past exalted ruler of the Yuma Elks- Lodge No. 476. Funeral services will be held tomorrow at 2 p.m. in the Johnson Chapel, with the Elks Ritualistic Team in charge. Private commitment will follow in Desert Lawn Memorial Park.

The family requests that in lieu of flowers contributions be made to the Heart Fund, through the Yuma Heart Council. The business will be closed Tuesday in memory of Mr. Novis. A one-time athlete here, Mr. Novis was e.

noted Yuma sports booster. For many years he was the announcer at the a High football games. Honorary pallbearers were announced as follows: R. C. Swatting, Russell Rice.

C. M. Harvey, Ersel Byrd, F. H. Johnson, Mulford Winwr, Norman Bann and M.

L. (Jack) He was bom in Beloit. ing club, hunting and trap shooting diib, and a fishins club. The initial construction phase is expected to require -two years, and cost $2,570,000. The full 20-year plan has a rough estimate of $9,100,000.

Ray Ceton, architect, told the Supervisors that the huge park development could probably be self-liquidating. He spoke of companies that would build and then lease the golf course, for example. Likewise, boat marinas, riding stables and other similar facilities could produce revenue to offset construction costs. The 590-acre park is located along the banks of the Colorado River, upstream Yuma. Part of the acreage is situated on the "west" side of the river, thus giving the county control of both sides of the channel.

The Yuma County Fair, is acting on behalf of the Board of Supervisors in this development. Frank Deason, executive secretary of the Fair, conferred with Supervisors this morning. The county has received from the State Land Department a lease on the 590 acres, at $200 a year. Architect Ceton told the Supervisors it might take three months for the HHPA to process the Yuma County, application for federal planning funds. The county's contract with his firm would not be carried out, unless the funds are granted.

Ceton pointed out that the Department of Interior undersecretary Stewart L. Udall of Arizona is placing heavy emphasis on the development of outdoor recreation facilities for the general public. He said that Yuma County's application may be one of the first, and as such might receive favorable attention and assistance from the Department of Interior. Ceton gave these rough estimates of construction costs during the initial, two-year phase: GoU course Clubhouse 100,000 Marina 150,000 Picnic areas 30,000 Children's zoo 130,000 Swimming pools 300.000 Site work, water development, lakes, basins, canals, roads ami utilities 1,200.000 LYLE T. NOVIS A i 26, 1907 and came to Yuma 40 years ago.

Surviving are his wife, Marjorie; a son, Lyle T. Jr; two brothers, George of Phoenix and Clyde of Long Beach, and two grandchildren, Lytc T. Novis III and Dawn Christi, both of Yuma. Total $2,570,000 Planning costs, fees for supervision of construction, and legal and administrative costs would increase this figure to Ceton explained. All three Supervisors were present fo consider the long- range plan: Jim Fuquay, Glen Strohm and Chairman Robert K.

N'issen..