The Capital Times from Madison, Wisconsin • 1

m-wyr Follow That Car And That One And That One CAPITAL, WEATHER Showers, thumlerstoms VOL. 109, NO. 11 MADISON, likely tonight, Sulurikty. Low tonight 60. High Saturday 00.

Iri.lay, June 25, 1971 FINAL 10 RACES 1 CU $SCT3M -jL V.J a (S9V High Court to Hear Times, Post Cases BULLETIN WASHINGTON iff) The Supreme Court agreed today to hold a hearing Saturday on government attempts to re strain publication of articles in the New York Times and the Washington Post on a Pentagon study of the Vietnam war. (By The Associated Press) The Supreme Court considered today appeals by the government and The New York Times that it step into the conflict over a series of articles on the secret Pentagon history of the Vietnam war. Immediately ahead loomed A pair of two-week-old were turned over to Thursday. The skunks were Cat, who has four kittens officials said the skunks dont have much odor except wnen frightened. Kitty Cat will mother them calmly until they are big enough to fend for themselves in the Fontenclle Forest Nature Center.

(AP Wirephoto) Decision Next Week Seen Ellsberg Paid A Friend to Make Document Copies House Probers Pursue Stanton Contempt Action Decision After JFK Slaying By BRIAN DONOVAN (Newsday-Capital Times service) NEW YORK Lyndon Johnsons still unpublished White House memoirs acknowledge that his administration was privately preparing in early 1964 for large-scale American military involvement in Vietnam, long before the depth of the U.S. commitment was known to the public. The memoirs, to be published in November, support many of the findings of the classified Pentagon study of the wars origins, which the government has been fighting to keep secret. The former presidents book, now largely in galley form at the New York publishing house of Holt, Rinehart and Winston, is entitled The Vantage Point: Perspectives of the Pres i-dency. Newsday obtained about the material from a publishing industry source.

Johnson depicts himself in the book as having been hesitant for Disappointment McNamara in 1966 ST. LOUIS, Mo. iff) Former Defense Secretary Robert S. McNamara labeled the pacification program in South Vietnam a bad disappointment in 1966 and told President Johnson he saw no reasonable way to bring the war to an end soon, the St. Louis Post-Dispatch said today.

The newspaper, quoting from what it said were secret Pentagon documents, said McNamara told Johnson in a memorandum dated Oct. 1, 1966: Pacification has, if anything, gone backward. The private memorandum was written about 18 months after the pacification program had gotten under way. As compared with two or four years ago, enemy fulltime regional forces and part-time guerrilla forces are larger, attacks, terrorism and sabotage have increased in scope and intensity; more railroads are closed and highways cut; the rice crop expected to come to market is smaller; we control little, if any, more of the population, the former defense chief said. several months over approving military advisers recommendations for bombing raids against North Vietnam.

In February of 1965, he writes, he told aides that he was approving the bombing. we have kept our gun over the mantel and our shells in the cupboard for a long time now, I said, and what was the result? They are killing our men while they sleep in the night. I cant ask American soldiers out there to continue to fight with one hand tied behind their backs. In the book, Johnson says that he first decided to pursue President Kennedys policy of defending South Vietnams sover-e i while flying back to (Continued on Page 4, Col. 1) ied for a while Thursday when confusion arose over what kind of parliamentary procedure and how many votes were needed to approriate the funds, which will be reimbursed by the U.S.

Department of Housing and Urban Development (HUD). The special session had been called in the first place because the Council voted to adjourn its Continued on Page 4. Col. 4) WASHINGTON iff) Edging toward a court test of what a broadcaster can deny Congress, House probers indicate they will press contempt charges against an unbending network chief. Climaxing a four-hour, confrontation Thursday, Harley O.

Staggers chairman of the Commerce Committee and its investigating panel, or skunks found in East Omaha, the Nebraska Humane Society given room and board with Kitty of her own. Humane Society dered Frank Stanton, president of the Columbia Broadcasting System, to comply with the committee subpena. Repeating what he had said every time he was asked to supply such subpenaed material as film or sound recordings not used in the televised documentary The Selling of the Pentagon, Stanton replied: I re- million men presently deferred including nearly 1.4 million students, 400,000 of whose deferments end this month. The Mansfield amendment calls for a phased withdrawal of U.S. troops over nine months if all U.S.

prisoners of war are released. It is likely to receive a cool reception both in conference and on the House floor. House antiwar forces never have mustered more than 158 congressmen to vote for any Vietnam witsdrawal amendment. The White House has said the Mansfield measure wont affect war policy. The conference has more than a dozen differences to leconcile betwetn the House and Senate versions of the bill.

One of the most important is an amendment by Sen. Gordon Allott (R-Colo.) which raised the military pay boost to the same level ap- Continued on Page 6. Col. 3) Senate Votes 2-Year Extension of the Draft 6 p.m. deadline.

Unless the justices act before then, the Washington Post will be able to publish what it wants. But The Times will be free to resume publication in Saturday editions only of material the Justice Department considers safe for public consumption. Unlike The Post, The Times will be barred from using any of the items in the 47-volume war study the Justice Department feels should be kept secret in the interest of national secu-rity, The Times told the court in a petition Thursday that the restraint, imposed by the U.S. circuit court in New York City, imposes an insupportable burden on a free press. The Justice Department, meanwhile, labored to block The Post from resuming its series of reports on the study.

Solicitor General Erwin N. Griswold argued in an application for a stay that publication would damage national security and the conduct of foreign relations beyond repair. The Post would be free to publish what it wishes by virtue (Continued on Page 4, Col. 4) $8.7 Million For 27 Art Old Masters LONDON iff) Titians Death of Actaeon and 26 other Old Masters were sold at Christies auction house today for 'a record $8,735,580. Although the total was the highest in art history for a one-day auction, it fell considerably short or the $20 million which one expert had predicted.

The Titian went to a London dealer, Julius i for $4,032,000. He refused to say who he bought it for, telling an interviewer, I do not know where the picture is going. Weitzner said he had been prepared to go higher. i is an American dealer who is based in London. The British art world expressed concern that another masterpiece in British hands was going to the wealthier U.S.

market for (Continued on Page 4, Col. 8) $18,600 contract for the relocation of the building from 214 W. Washington Ave. to James Madison Park. The only oppositon came from 19th Ward Aid.

George Forster, who repeated his previous claim that the 108-year-old structure was a piece of junk and its preservation a waste of taxpayers money. The Council found itself stym- was paid $150 by Daniel Ellsberg, a dear friend, to make copies of unspecified documents. Ellsberg is the former De fense Department and Rand Corp employe who a former New York Times reporter said gave The Times copies of the Pentagon documents on American involvement in Vietnam. Linda Sinay, 28, a free-lance advertising industry worker, told the grand jury Thursday that Ellsberg paid her the $150 in late 1969 or early 1970 to duplicate documents for him on a copying machine in her office, Miss Sinays attorney said. The attorney, Luke Mc-K i a said Miss Sinay didnt give them (the grand jury) any information they didnt already have.

She ended two days of testimony by saying she did not know the contents of documents she duplicated for 1 1 McKissack said. The woman told newsmen she met Ellsberg in 1969 and last saw him a year ago. Hes a dear friend of mine and a brilliant man, she said. I met him through a mutual friend about two years ago. McKissack said the -womans testimony would provide only inconsequential information to the grand jury.

Ellsberg worked for the Rand a Santa Monica, think-tank at the time when the firm received two of the 15 i Continued on Page 4, Col. 6) LOS ANGELES Iff) A wotnan has told a federal grand jury probing the leak of a top secret Pentagon study that she HjUccnAui By MILES McMILLIN THE CAPITAL TIMES wouldnt often find itself in agreement with the very conservative senator from Iowa. Sen. Jack Miller. But he stepped in line the other day with something this paper has been advocating for a long time a mandatory retirement age tor officials of the federal government, particularly members of Congress.

Sen. Miller has in-troduced a constitutional amendment calling for compulsory retirement at 72. 1 ONE OF THE simplest but most effective reforms we can make in improving the efficiency of Congress and the federal judiciary, Miller said, Is to set a mandatory retirement age of 72. Unfortunately, old age does not bring with it increased capacity for work. Clogged legislative and court calendars are a deterrent to the best functioning of our system of government.

Also, younger voices (Continued on Page 3, Col. 1 be subject to compulsory process so that the government can determine whether the news has been satisfactorily edited, he added, the scope, nature and vigor of their newsgathering and reporting activities will inevitably be curtailed. Staggers said he was making no personal attack on Stanton. I blame your organization Continued on Page 4, Col. 6) Storm Fells Trees Puts Area in Dark An electrical storm, accompanied by winds of almost 50 miles an caused power failures and uprooted trees as it moved through Madison and across southern Wisconsin Thursday night.

The storm hit Madison about 9 p.m. and in a little more than two hours duration dropped .48 of an inch of rain, according to the National Weather Service Station at Truax Field. Power failures caused by the storm mostly were on the citys West Side. F. D.

Mackie, president of Madison Gas and Electric said most service in large areas affected by the storm had been restored by 11:15 p.m. Power was off for about 50 minutes in an area generally south of the Beltline Highway and between Fish Hatchery Road and the West edge of the Continued on Page 4. Col defendants the estate and its ex-e John S. Rendleman, chancelor of Southern Illinois University at Edwardsville. He said other persons might be named.

1 The suits will be brought in either Sangamon County Circuit ourt here or in Johnston County Circuit Court in Vienna, Powells deep southern Illinois home Continued on Page 4, Col. 4 spectfully decline. We must have those out-takes, Staggers demanded, hammering his desk as he accused CBS of distortion through electronic manipulation and mismatching of questions and answers. The issue is not First Amendment press freedom, he said, it is whether the network tried to practice deception or fraud through its editing. ji When Staggers asked whether Stanton realized he could be found in contempt, the network executive twice responded, yes, I do.

Ordered to supply the material, Stanton said, I respectfully decline. Staggers told him: In my opinion, you are now in contempt. Later, apparently ready to press for a recommendation to the full Commerce Committee, Staggers told reporters the subcommittees decision may be made next week. If the committee goes along, it would be up to the House whether to send the case to the Justice Department for prosecution. If deceptions are allowed to happen, the era of Big Brother has arrived, Staggers said, when television executives can control America the thoughts of Americans.

But Stanton said the panel could not constitutionally com-pell CBS to produce the subpenaed materials or give oral testimony for such a purpose. If newsmen are told that their notes, films and tapes will gled public funds with his private funds. Scott said several suits will be filed before July 11 under the, states inheritance tax laws. Under provisions of the law with respect to deadlines to make claims against Powells estate, July 11 is the final day the state can file its suit, Scott said. I He said the suit will name as i 1 WASHINGTON The Senate has voted to extend the draft two more years, sweeten soldiers pay $2.7 billion and chart a Indochina withdrawal plan disowned in advance by the White House.

But after seven weeks of debate the Senates 71 to 16 approval Thursday of the draft extension bill may well be too late for Congress to finish final action before tlie present Selective vi Act expires next Wednesday midnight. Some senators threaten a filibuster if a House-Senate conference kills or weakens an end-the-war amendment added by Senate Democratic Leader Mike Mansfield. Senators Proxmire and Nelson of Wisconsin voted against the bill. One knowledgable senator predicts final action may not come before mid-July. Draft officials say they can.

if necessary, call some of the 5.7 Where to Find It I OldSynagogue Bound for Park: Council Nods 18-1 Illinois to Bring Action Against Powells Estate C7 SPRINGFIELD, 111. (UPI) -j Illinois Attorney General William J. Scott will file suit against the $2.7 million estate of the late Secretary of State Paul Powell on the grounds that substantial portions of thej money belong to the state. Scott, a Republican, said in a Thursday night interview the evidence clearly shows that Powell, a Democrat, commin By ROSEMARY KENDRICK (Of The Capital Times Staff) The Gates of' Heaven Synagogue will soon be on its way to a new home and new prominence, having survived threatened demolition last year and a temporary parliamentary snag in the City Council this week. At a special Council session Thursday afternoon, the aider-men voted 18-1 to approve an i.