mmmFummmsum Supreme Court Rules in Favor of Flower WASHINGTON (AP) - The Supreme Court in a 6-3 decision Monday held that military commanders may not restrict persons distributing antiwar leaflets from certain areas on their bases if they do not restrict access by the general public. The court reversed without a hearing the conviction of an American Friends Service Committee official, John Thomas Flower, who was arrested on a San Antonio Army base while passing out notices of a meeting protesting the Vietnam war. “Whatever power the authorities may have to restrict general access to a military facility... here the fort commander chose not to exclude the public from the street where Flower was arrested,” read the unsigned majority opinion. The court noted that the i n c i d e nt took place on a heavily traveled thoroughfare which is unguarded. “Under such circumstances the military has abandoned any claims that it has special interests on who walks, talks, or leaflets on the avenue,” it read. “The base commandant can no more order Flower off this public street because he was distributing leaflets than oould the city police order any leafleteer off of any public street.” The deputy commander of Fort Sam Houston on Oct. 24, 1969 barred Flower, contending he had participated in distributing an antiwar newspaper to soldiers. Five weeks later, Flower was arrested on a main city artery which bisects the base while he distributed handbills about a Vietnam war discussion. He was convicted of re-entering a military base from which he’d been barred, and sentenced to six months in jail. His conviction was upheld by the 5th U.S. Circuit Court of Appeals. Flower contended that Fort Sam Houston is completely open to the public and press and that a rule requiring prior approval to distribute literature on the base had been used only once in the memory of the post judge advocate. The base is accessible by 31 unguarded entrances and Flower contended that virtually every book, magazine, newspaper and pamphlet available in the civilian community was also available on the base. U.S. Solicitor General Erwin N. Griswold said that, despite Flow'er’s contention that Fort Sam Houston was open to any civilian in town, “no military installation is ever so ‘open’ to the public that a post commander may not exclude civilians.” Flower was arrested while standing on New Braunfels Avenue, one of the busiest streets in San Antonio which carries an average of 17,470 vehicles a day, most of them going through the base to the rest of the city. Flower’s attorney, Maury Maverick Jr., of San Antonio said: “There were civilian newspapers for sale at the very spot where petitioner was arrested.” After his district court conviction. Flower was denied bail and remained in the county jail for three weeks until an emergency panel of the Fifth Circuit ordered him released on bail while he appealed. Griswold said the base rule did require prior notice and approval for distribution of literature on the post, even if other publications apparently were sold on base without such prior approval. Griswold said the base rule on information distribution did not violate First Amendment guarantees of free speech. Justice Hari^ A. Blackmun was among the dissenters, saying he would have heard arguments on the case. Justice WiUiam H. Rehnquist, joined by Chief Justice Warren E. Burger took a similar tack. “While full argument in this case on the merits might persuade me that the court’s result was required by the Constitution its present opinion certainly has not done so,” he wrote. Rehnquist also raised the point that Flower could have challenged through the courts the order barring him from the base. At the same time, the court refused to consider a new test of a military commander’s authority to ban distribution of a serviceman’s newspaper on a military base. An ex- GI, Don Schneider, had sought a hearing on his effort to lift a ban of issue of “The Daisy,” at the Army’s chemical and biological warfare base at Dugway, Utah. The commander’s ban on one issue had been upheld by the Army and federal courts in Schneider’s test case. That issue, the commander found, might promote disloyalty and disrespect among servicemen. 10 TUESDAY. JUNE 13. 1972 FINAL EDITION Silent Prayer For Wallace More thgn 2,000 delegates, attending a caucus of Wallace supporters at the State Democratic Convention, offer a silent prayer for the recovery of Alabama Gov. George Wallace. The caucus was held In the Convention Center banquet hall Monday afternoon.—^Staff Photo by Tarky Tarsikes. Good Morning! WARM Forecast Partly cloudy and warm. The highest temperature Tuesday will be in the upper 80s after an overnight low near 70. Temperatures Monday ranged from 88 to 73. Details, Page 4A. MONDAY’S TEMPERATURES 5 o.m. 6 o.m. 7 o.m. 8 o.m. 9 O.m. ...74 ...74 ’...73 ...74 ...75 10 O.m. ...78 11 a.m. ...81 Noon ......82 1 p.m. ...83 2 p.m. .. 85 3 p.m. 4 p.m. 5 p.m. 6 p.m. 7 p.m. ...86 ...87 ...88 ...87 ...86 8 p.m. ...84 9 p.m. ...82 10 p.m. ...79 11 p.m. ...77 Midnight 77 News in Brief The appointments by Gov. Smith of Secretary of State Bob Bullock and Insurance Board chairman Larry Teaver may face hearings when the legislature convenes Wednesday. See story Page 5A. As fires raged across North Vietnam Monday from U.S. bombing raids, speculation rose over the prospects of renewed peace talks in Paris. See stories Page 7A. In Today’s Express: Action/Express ...2A Astrology 3B Bridge .....................2B Cattle Clatter 8A Classified ..........2-12E Comics .....................4C Crossword 3C Deaths ...................IOC Delaplane 3C Editorials lOA Family Section ..1-4B Kindrich, Sam ...llA Landers, Ann 4B Markets 8A, 6-8C Noticiero..................3A O’Quinn, Karl........IF Oil News.................8A Sports ...................1-4F Television 5C Theaters ..................2C Thosteson .............11A Weather .................4A Today’s Chuckle Vocational adviser to young man: “Your vocational aptitude test indicates that your best opportunities will lie in a field where your father holds an influential position.” 52 PAGES 106th Year, No. 190 CLASSIFIED ADS Mon.-Fri. (8:30 a.m. until 5:30 p.m.) 225-1611 Telephones, 7 a.m. until 9 p.m.: All Departments ...........................................225-7411 Telephones, 9 p.m. until 7 a.m. City Editor ....j.................... 227-3511 or 227-3693 Sports Editor ..........227-3721 or 227-7701 Treatment for GIs Drug Bill Advances WASHINGTON (AP) - The House approved Monday a bill to give the Pentagon legal authority for a program to treat and rehabilitate drug-addicted GIs, The measure was sent through the House by a 211-1 vcte and it now goes to the Senate. The administration-backed bill passed after the House shouted down an amendment which would have given addicts immediate physical disability discharges and would have required either voluntary or compulsory civil commitment to hospitals for up to 42 months of treatment. The rejected provision was sponsored by Rep. John M. Murphy, D-N.Y. Under the legislation passed by the House, with only Rep. John S. Monagan, D-Conn., in dissent, the Defense Department would have statutory power to: • Test servicemen for drug dependency. • Set up treatment programs in military facilities as well as those of the Veterans Administration. • Require servicemen who are on drugs to undergo treatment and rehabilitation for up to 30 days beyond their term of service. Rep. G. Elliott Hagan, D-Ga., House manager of the measure, said it would exempt ad- dieted servicemen from punishment based Scout Gets Badge solely on drug dependency uncovered by tests or because they volunteer for treatment. He said it would also provide that any discharge for addicted servicemen be under honorable conditions and that servicemen would not lose time or pay while undergoing treatment and rehabilitation. The bill contains no funds authorization provisions. Hagan said the Pentagon estimates it is spending $67.4 million on its drug treatment programs during the current fiscal year which ends June 30, and that it is anticipated the cost for the upcoming year starting July 1 will be $90.5 million. The Defense Department, Hagan said, “is making encouraging advances in attacking the drug problem, however this advance is modest and much remains to be done . . . “Military scientific testing programs for drug dependency are functioning with promising results which indicate that earlier estimates of drug use in the military, and particularly in Vietnam, may have been exaggerated.” Monagan said he voted against passage because “they could have done a much better job in handling the thing. I have been trying to get set up for keeping (addicts) in for a mandatory period of time and treating them.” Hospital Honors Joe M. Brashear III, 12, a leukemia patient in the Santa Rosa C h i 1 d r e n’s Hospital, couldn’t be present for his Boy Scout troop’s court of honor — so the court was moved to Joe’s hospital room. Troop 64 Scoutmaster Caesar Ponce arranged for Joe to receive his first class scout badge in a full ceremony Monday evening on the third floor of the Children’s Hospital. Also attending the ceremony were Joe’s parents, Mr. and Mrs. Joseph M. Brashear Jr., his four brothers and two sisters, members of his troop as well as scouting officials. Joe, who has just completed the sixth grade, has been a scout since 1968 and worked his way up to become leader of his Toro Patrol, despite having his scouting activities curtailed by his illness which began about three years ago. Hospital officials said Joe “has been in and out of the hospital for the past three years as doctors have had to keep a constant check on the condition of his blood.” “In spite of all his troubles,” said his mother, “Joe’s been able to maintain good spirits and rack up some very fine achievements in scouting.” Last New Year, he earned his backpack award for lugging his pack up a 7,800-foot mountain and also holds his polar bear badge for camping out in 25 degree weather, added the scoutmaster. Joe’s entii’e family is active in scouting and his father said, “What Joe has learned as a Boy Scout now stands him in good stead as he patiently awaits the day when he can go home. Daily he adds to his savings account by making craft items which he sells to his ‘customers’ around the hospital.” Some Anger Voiced HHH Courts Delegates By JON FORD CHIEF, EXPRESS CAPITOL BUREAU U.S. Sen. Hubert Humphrey and representatives of other major and secondary Democratic presidential contenders Monday courted Texas delegates on the eve of the state party convention here. Meanwhile, a credentials committee cranked out its recommendations for settling delegation contests in 26 senatorial districts. The reports in some cases appeared to anger liberal supporters of Sen. George McGovern and set off some shock waves that might endanger hopes for a harmonious convention Tuesday. The 3,900 Democratic delegates will convene at 10 a.m. in the HemisPlaza Arena to name 130 delegates and 70 alternates to the national presidential nominating convention. They will also nominate a new national Democratic committeeman and committeewoman and select 26 presidential electors. In a day-and-a half of credentials hearings, committee members sought to apply to contests new rules aimed at guaranteeing proportional representation by age, sex, race and presidential preference. First order of business at the convention will be a straw poll of delegates’ presidential choices to be used in “balancing” the delegation to the July 10 national convention at Miami Beach. Humphrey attended a State Democratic Executive Committee cocktail reception at the St. Anthony Hotel, and AFL-CIO sponsored reception for him at El lYopicano and a 10 p.m. caucus of the 500 or more delegates who support him. Pierre Salinger, McGovern’s national political coordinator, also attended the VIP cocktail party and participated in a day-long round of delegation caucuses which ended with a convention-wide pow-wow of McGovern delegates at La Villita Assembly Hall at 10 Smiling Scout Joseph Brashear III, a patient at Santa Rosa Hospital, beams after ceremonies in which he became'a first class Boy Scout. Looking on are his father, Joseph Brashear Jr. and staff nurse Eileen Clair. Related Stories, Page 2A, 9C p.m. and an 11 p.m. black caucus there. Democratic gubernatorial nominee Dolph Briscoe appeared before SDEC at a Monday afternoon meeting to plead for convention fair play and harmony. “We are standing on the threshhold of the most productive, most peaceful Democratic convention we have had for many, many years,” Briscoe told SDEC. “It is important that we select a delegation that is truly repre-. sentative of all Democrats—and that wiU not be contested at Miami Beach. Our job is to handle ourselves in such a way that we ... can have a dean sweep for the Democratic party in November.” SDEC promptly endorsed Briscoe’s slate of proposed convention permanent officers. The nominee for governor also announced his recommendation of Dallas investment banker Jess Hay, 42, a key campaign aide, for national committeeman and Mrs. Roland (Jane) Blumberg of Seguin for national committeewoman. Mrs. Blumberg is the daughter of longtime committeewoman Mrs. Hilda Weinert of Seguin. Mrs. Carrin Patman of Gando who had wanted to be selected for a full term as national committeewoman, said she was not yet prepared to say whether she would allow friends to bring her name before the convention to contest Mrs. Blumberg. She said Mrs. Blumberg is a friend and is well qualified for the position. Mrs. Patman was appointed to the committee two years ago to succeed Mrs. Lloyd Bentsen who resigned. Convention officers approved by SDEC on Briscoe’s nomination were Calvin Guest of Bryan for permanent chairman, SDEC Chairman Roy Orr for vice-chairman, Miss Claudia Brummett of Amarillo for secretary, and Mrs. Eva Lockridge of Dallas for parliamentarian. Mrs. Lockridge was selected after Sen. Barbara Jordan of Houston withdrew from consideration. Mrs. Lockridge is president of the national black women’s council and is the widow of State Rep. Joe Lockridge. Travis C o u n ty Com. Richard Moya of Austin reportedly will serve as sergeant-at-arms of the convention. In other pre-convention action Monday, SDEC apportioned 100 delegates and 53 alternates to be chosen by individual senatorial districts. The apportionment is based on population and percentage of the state’s vote for Humphrey, who carried Texas narrowly, in 1968. SDEC also allotted the 26 districts which had the highest vote for Humphrey four years ago one presidential elector each. Youth spokesmen asked SDEC to recommend they be given representation on the delegation on the basis of the number of registered voters 18 to 29 years old—about 30 per cent of all voters. Representation on the basis of population would give 18-29-year-olds about 20 per cent of the delegation. SDEC scheduled another meeting for 8 a.m. Tuesday, 30 minutes before delegates begin picking up their credentials on personal identification by chairmen. The credentials committee appeared to be. turning down most delegation by liberal forces. In Harris County District 7, the committee ordered 10 McGovern delegates and alternates and three Humphrey delegates and alternates moved from the at-large list and replaced by six Wallace delegates and alternates and seven uncommitted delegates and alternates. The committee threw out all challenges to Nueces and San Patricio county delegations and individuals in District 20. Although senatorial districts are being urged to distribute their delegates on the basis of age, sex, race and presidential preferences, former SDEC Chairman Will Davis said they cannot be forced to do so.
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