Oakland Tribune from Oakland, California • 1

Vf f4 a i jfc- jy -ar i Wt SV1 $3 By ERNIE COX machinery which could even-3 Alameda, Countys jury officials cannot offset the grossiy3 i Tribune Staff Writer A federal court ruling described by Alameda County Dist. Atty. Lowell Jensen as momentous decision' may "require the Tetrial orTelease "in San Francisco, has ruled tually upset the convictions of all blacks over the 12-year period. The U. S.

Supreme Court, may ultimately get the case. Theappellate court, sitting The appellate court said the test purportedly winnowed Voters of below ordinary intelligence leaving only those who satisfied Californias statutory commandment that a Juror be in possession of his natural faculties and oTordi- nary intelligence and not de- crepit But the use of ihe test, said the high court, excluded a substantial majority of otherwise eligible minority and 3 Jensen disagreed sharply, declaring a key portion of the decision as being contrary to Jaw. Alameda. County's Superior Court judges abandoned the test in April, 1968 after repeated a 1 1 of the 25-question examination by defense attorneys who contended the test intentionally or not systematically excluded low-income blacks from being selected for jury duty. low-income 'persons from the master jury roll." The court noted that in the second half of 1967 some 81.5 per cent of registered voters-from predominantly black and low income areas of Alameda County who took failed to pass while only 14.5 per cent of those from pre--dninantly white areas failed The court 'cited the opinion of a psychologist who is an expert on 1 1 a 1 testing who -declared- the Alameda test excluded persons of ordinary intelligence, contained many administrative, flaws, and that certain questions measured intelligence factors.

The court added that for some of the 25 multiple-choice questions therewere no right" answers at all. The lack of specific intent to discriminate on the part of 'discriminatory effect of their jury selection process, said- The court in a 10-page decision written by Circuit Court Judge Shirley M. Hufstgdler. Concurring in the opinion with Mrs. Hufstedler were judges Stanley N.

Barnes and Frederick G. Hamley. The' state attorney, general See Back Page, Col. 1 that an "intelligence or clear thinking test used in Alameda County to screen jurors between 1956-68 was unconstitu-t i 0 a 1 and discriminated against black jurors. of every black defendant convicted in Alameda County between 1956 and 1968.

Many months, of legal maneuvering lie ahead, but the 9th U.S. Circuit Court of Appeals has set in motion the METROPOLITAN NEWSPAPER Wednesday, December M97i A 335 15 DAILY, $3.75 A MONTH U.S. Halts All Arms To India 859,400 Plan tojCurb Hill Slide Goal Raise Limited by Group Compiled from AP and UP! The United States today announced suspension of all future licenses for arms shipments to India and cancelled about $2 million to licenses already approved. Stater Department spokes-: Price Commission, in its first Charles W. Bray said toe coal industry ruling, said to-rwve-was-taken-in viewof day coal companies can pass he deteriorating situation to on to consumers only 60 per Price By FRED GARRETSON Tribune Staff Writer The citys consulting engi-neering geologists have recommended an $859,400 plan to stabilize the Wilshire Heights landslide, rebuild streets in the threatened neighborhood and probably let Shell Oil Co.

reopen its Eastbay gasoline transmission pipeline. 1 The five-acre landslide in the a It a Geek canyon Map, picture on Page 6 smith of the Mormon Temple has already swallowed up 17 homes and threatens at least 16 more A report submitted to Oakland Public Works Director James E. McCarty by Wood-ward-Lundgren Associates, an, Oakland consulting firm five possible ineth- proposes Phobos, pne of the two Martian Is photographed twice by Mariner 9. The larger photograph was taken from a distance of 3,436 miles, the smaller from 14,683 miles. Large dark spot Is a crater about 4.2 miles across (AP) ods to stabilize' toe slide.

The-! Martinez to the Oakland, San consultants saidthreeof the FranciscaandSanJose airports has been closed since methods might be worth fuel from toe Shell refinery in 'south Asia and the continuation of military engagements-between India and Pakistan. Braysaid existing licenses" affected by the order totaled about $11.5 million in commercial exports of military equipment to India. He declined to relate the U.S. action directly to Prime Minister Indira Gandhis rejection of President Nixons appeal for Indian and Pakistani forces to pull back from their borders. He said the United States had not -received any full reply, to a formal sense, to toe recent appeals to India and Pakistan.

Other officials acknowledged 'privately however, that Administration dismay was growing over Mrs, Gandhis refusal to pull back Indian "troops. Pakistan President Agha Mohammad Yahya Khan has agreed to a pullback, but toe border situation is complicated by toe presence of East Pakistani rebel forces of Bang-la Desfa. The U.S. decision to halt all munitions shipments to India was conveyed to toe New Delhi government by Ambassador Kenneth Keating and by Assistant Secretary of State Joseph J. Sisco, who infbrmed See Back Page, Col.

8 Hussein Grayson said, yes. He said The- Price Commission will take a very careful look at any price request which re- fleets wage the Pay Boards own 5.5 per -cent guideline. This coal settlement was made after the wage guidelines were known, said Grayson. 4 The same general guide-linrffom this request will 'be applied to every company in the coal industry, said Grayson. He said toe commission had not yet considered any cases to which an above-guidelines wage increase had been nego-tiated-before guidelines were set to Phase -2 of President' Nixons new economic policy.

Grayson declined to enter any big dispute with toe Pay Board. But, he said, decisions to the Pay Board have met contracts and thus have been favorable to labor. -The Pay Board approved the 15 per cent coal pact late last month. We felt it would be inflationary if more than a 9.6 per cent increase were passed through to prices, Grayson said. Earlier the Price Commission gave General Motors, the nations biggest auto maker, permission to raise prices by 2.5 per cent.

Grayson also touched on a number of other- Price Commission matters following the commissions regular Mon-day-Tuesday weekly meetings. He said about 500 of the nations 1,500 largest firms had responded to his request for See Back Page, Col. 1 Drinking-at-18 Bill Killed by Senate SACRAMENTO (UP I) -The Senate today killed a proposed constitutional amendment to lower the drinking age in California from 21 to 18. x- 3rk' 5SS V- cally -oblong Tts-so irregular you can hardly apply anything to it, he added. The photograph was taken from 3,436 miles away from the closest look ever at a Martian mooiv and proved Mariners cameras are quite good, toe spokesman said.

The shot also showed a crater ip the middle of Pbobos that appeared to be about two miles across and a half-mile deep. Draft ent loophole in the new draft law that into effect Sept. 28. A handful of federal judges have delayed inductions but toe legal issue is far from settled. -The draftees claim they are eligible to apply for defer ments.

under liberal provisions of reused jaw These 'in- elude toe rieht to aoiieal ner- elude toe right to appeal f'P I jk, i iW Tr p9rri rT In all Mariner 9 sent back 33 pictures last night, four of Pbobos and 29 of toe Martian surface. The Martian pictures may show soipe detail forThe first time. toe spokes- man said. He said toe features are only with computev-efihancement and until studied closer the Ejects could only be parts- of the huge dust storm which has obscured much of toe surface since September. NEARING END -Remap, Bills Rankle Legislators SACRAMENTO (AP) The record-long 1971 legislative session staggered toward adjournment tomorrow with the Assembly speaker branding a too stingy and a partisan 1U Piruw11 151111 over reap- 98th YEAR, NO.

altgnment of London Road and the Shell Oil pipeline. The report said this plan-known as Method would save at least 12 of the 16 threatened homes. The other workable proposals in the report would cost more than $1 million and would save fewer homes. McCarty said Method is the one most likely to appeal to Shell Oil Co. because it provides a solid compacted alignment along which the 10-inch diameter pipe could be rebuilt.

Delicate negotiations now being carried on by Oakland Mayor John Reading involve the oil company picking up all or most of the price tab for stabilizing the slide. The Shell pipeline-designed primarily to carry aviation Jan. 14, 1970 when toe landslide started tearing up London Road. Shell is anxious to reopen the pipeline, but the Oakland fire marshal wont issue a permit to run fuel a pipeline crossing an active landslide, and the city council wont give Shell a franchiser to build, a new pipeline on 9 route bypassing toe slide. The report was prepared by Carl Basore, senior project engineer, and George E.

Hervert principal engineer, for Woodward-Lundgren Associates. -i- The repent noted that the slide has destroyed 17 houses to the past 22 months and: A See Back Page, LET US PLANT A TREE FOR YOU: See Page 64 there are two or three waiting Tn'thewings!" Among thosd waiting are hiany members of minority communities who want to join the middle or who at least want better incomes. There are to bur colleges huge numbers of students from low income families who are seek-" lng upward mobility. Some observers, Bowker said, predict a blueing of America, In which future members of major law firms- and corporate managements would come not from the mid' -PASADENA-(AP) innermost of Mars two moons, showed up as a jagged, pock marked and oblong world to a 'photograph sent back by Mariner 9. A Jet Propulsion Laboratory spokesman said the picture last night showed Phobos as being about 13tihile5 by 16 miles with a very irregular shape and a jagged, cratered surface.

Although the shape is basi L.rA. Area trying. McCarty said the most feasible proposal is one to which a large key a' compacted earth dike would be con-struc ted right through the landslide along toe former Tucumcari D.A. Killed by Sniper TUCUMCARI, N.M. (AP) -A snipes armed with a carbine shot and killed -Tuoabcari Dist.

Atty. Victor CyBreen today as Breen left rffis home to go to work, police said. 1 cent of their recent large -wage increases. The decision left the coal in-. dustry between the Pay Board, which approved a -15 per cent wage increase for miners, and the Price Commission, which said only a 9.6 per cent wage boost can be converted to higher prices.

The pattern-setting ruling was announced by Price Commission Chairman C. Jackson Grayson to toe case Of Old Ben Coal a subsidiary of Standard Oil of Ohio. The company had sought a 6.71 per cent price increase but toe commission said it could only have 3.78 per cent. Grayson explained toe Commission calculated its allowable increase by permitting Old Ben to pass on a 5.5 per cent wage increase and an additional 4.1 per centra protect miners pension benefits, totaling 9.6 per cent. Grayson acknowledged the commissions action was somewhat to conflict with the Pay.

Boards and declared: We are separate from the Pay Board and did not use their figures. In our line of responsibility we ttymght we must hold down inflation. Asked if he were saying that a firm is not yet out of the woods when it gets its labor contracts past toe Pay Board, Joins in Line about the results if there is shooting, no. Mrs. Meir will confer tomorrow with President Nixon, which is the same day that General "Assembly TTN tl' the Middle East Tel Aviv, Israeli Deputy See Back Page, Col.

4 Gasoline Inductions Halted State police set up road- Steep 20 to 30-foot high scarp blocks around this eastern now exists along the top of toe New Mexico community and slide near toe intersection of-the sheriffs office and city po- Col. 4 ByRAYMOND LAWRENCE Foreign Newt Analyst King Hussein to- am I worried WASHINGTON (AP) -Supreme-Court Justice-William O. Douglas today barred the induction of all Los Ange: les area men pending a legal jtest of the 1971 Draft Law. Douglas granted In application brought by the American uon Drougni Dy me American Civil Liberties Union to behalf Of men facing induction before toe end of toe year. His order could affect up to 1,000 draftees.

In the past months more than 60 suits have been filed across the nation seeking to take advantage of an appar- The vote on toe measure by Assemblyman Robert Cline, R-Canoga 9-14. Ut -would have required 27 favorable votes to be submitted for ratification by voters next year. personally before a state board, This was toe 332nd calendar toe right -to have witnesses 4ay of toe record-long session testify in their behalf, and the dragged out by an emotional right to be told why a claim battle over redrawing the 80 for deferment is turned down. Assembly district lines to re- fleet population changes since See Back Page, Col 3 i960. Assembly Speaker Bob Mor-etti, D-Van Nuys, vowed the legislature would end tomor-with Democrats! pushing their own Assembly reappor-tionment plan through in spite of Republican Senators Jhreats to delay adjournment of which particularly.

portiomnent. Bulk Plant lice put, all available manpow- er into toe search for toe assailant Breen, 55, had been district attorney for 23 years. He was involved to toe second day' of prosecuting toe murder trial -of -Danny Joe Jimenez, 19, charged with toe fatal beating last July of an elderly Tycum-. cari woman. Police 'said Breen was shot once to the back as he prepared to get intahis car, and apparently died instantly.

Shell casings from a carbine were found in toe stieet about 100 yards from Breens car. By LARRY SPEARS TJITiT I liTm '1 Pd V' Tribune Staff Writer Chancellor Albert H. Bowker- of the University of California thinks this country will sur- vive the widespread alienation of young people. Our society will not crumble, Dr. Bowker said last night.

I do not subscribe to the wholesale greening of America. Bowker said that the vast number of educated young people means that for every person who turns ijis back-on the professions business and gpypmment employment. theRebels Jordans day called on the Arab states to mobilize their armies for a showdown with Force, he 4eclared at toe ES5 -diat-caitrresulee 'the East conflict." The 36-year-old monarch also warned the Arabs opening of tne joraam lament, is the only thatcan raeli-occupied 4 wetbank-f the Jordan River rjpmrst n.t intrigues to trap them into a form of self-rule of a Palestine state. The west bank was part of Jordan before the 1967 war and toe king repeated the old "Arab demands Israel withdraw from all occupied Arab lands. Meanwhile, Israeli Premier Golda Meir arrived in' Wash- ington to seek more American that a military solution is the only way to end the present.

Middle East crisis which is neither peace nor war. When Mrs. Meir was asked' 'whether she is worried over Sadats statements, she said: If you mean am I worried about shooting, yes. We don't, want shooting. If you mean Blasts Wreck Homes 0 serious-minded, -up- ff'toobhehildreff of a compromise -plan -is collar workers.

cessful business and profes- negoUatea witS uOFTSWIhak- a compromise plan is TI rnpTov Rparan wnuld veto Hssem sPeecb was simi- Gov. Reagan would veto lar t0 a recent senes of state- pharitonTjei sheet-metal warehouse-iisaA of explosions roared through a to' store oil drums were hurled "bulk gasoline and oil storage for several blocks and the ex- ear today, battering plosions were heard in Goshen arby houses wi debris andsome six miles away. shatterin-wlnclows a me Iooksl Iikea hurricane Fran stona! men, was one ers serious problems facing high-400 fellow members of the er education. 3 prestigious national Newco- Given seven million Society," comprised of dents, the percentage of total- GOP. ly alienated has been large, but it has been tragic and has hit us in high places, -he said.

The situation will improve, adjustments to youth the President has de-escalated the -See Back Page, Col. 7 18,000 business, industrial and professional leaders. His copyrighted speech text, printed by the Princeton Uni-, versity Press, had a space for away Ten persons were treated -for injuries but there were no deaths. Sleeping residents within a mile of toe Standard Oil Co. -storage yardjvere tossed out of bed by the Pieces, of metal from a yar(j was pUshe( into a tilting gjg joe'Alvarez, 21,, who lives to See Back PageCol.

I hit some of these houses, said one witness. The wall of, one smalTwood-en frame house next to the Most Oakland -Stores its Library of Congress a1 A -Oakland inriustri- "Sety has1 made many. log number. alik Edgar Kaiser introduced 'Bowker--- Bowker said the alienation i.