Tyler Morning Telegraph from Tyler, Texas • 5

Sec. 1 Tylr Wonting TVIsJrap TUESDAY, DECEMBER 15, 1964 CON GO RIGHTS oETB 6 ATHENS Continued from Page 1, Sec. 1) going to hurt the city of Athens." The elderly merchant then outlined the reasons for his statement. He said he and many other merchants' outside the city "patronize the wholesale" firms in Athens. "If you force this on us, we'l quit the wholesale houses in Athens." was his yielded threat.

"This will hurt Athens." Continuing his reasons, Bristow pointed out that two buses now transport high school students to the school of their choice Athens or Malakoff. "If you go through with this move, we'll send them all to Malakoff." Bristow climaxed his opposi CHARGES 'Continued frorh Page 1, Sec. 1) Charles Brownlow said Robert Charles Henson is a former employe of the Athens firm. The sheriff said the four made statements to him, Chief of Police R. D.

Halbrook and Deputies Truman Whitehead and Raymond Farmer. He said the four were arrested at Tyler oarly Saturday by the Tyler city police department on suspicion of a traffic violation, and that during the questioning, police found some of the old coins and radio stolen from Mc-Kissacks. A further search of the automobile after the four were brought to Athens yielded two more stolen radios, additional coins and several $2 bills that had been reported as stolen. H. T.

owner of the firm and a well-known coin collector, valued the rare coins stolen from the store at' approximately $360. The loot also included several new automobile tires and four radios; The handle and combination were knocked from the safe but the safe was not entered. Weather Elsewhere By THE ASSOCIATED PRESS High Low Pr. Albany, clear 43 30 Albuquerque, cldy 3 11 Atlanta. clear48 33 Bismarck, clear 2 -9 Buise, cloudy Boston, clear 47 36 Buffalo, cloudy 36 27 .08 Chicago, clear .7 32 19 Cincinnati, clear 44 24 Cleveland, snow 38 26 Denver, clear ..51 19 Des Moines, clear 10 Detroit, clear 35 22 Fairbanks, clear -49 -56 Fort Worth, clear 58 25 Helena, cloudy 29 9 Honolulu, cloudy fll 72 Indianapolis," cloudy 38 25 Jacksonville, cloudy 51 .20 Juneau, clear -1 -15 Kansas City, clear 36 30 Los Angeles, clear 76 4 Louisville, clear 48 24 Memphis, clear 55 27 Miami, clear 79 72 Milwaukee, clear 20 12 Paul, clear 5 -1 New Orleans, clear 58 42 New York, cloudy 39 Oklahoma City clear 51' 29 Omaha, clear 20 7 Philadelphia, clear 43 35 .01 Phoenix, cloudy 67 33 Pittsburgh, snow 40 25 Portland, clear 42 35 Portland, cldy 42 36 .66 Rapid City, cloudy 23 13 .14 Richmondjclear 50 34 St.

Louis, clear 40 30 Salt Lake City, cldy 40 20 San Diego, doudy 70 38 San Francisco, rain 53 46 .02 Seattle, cloudy 39 34 .53 Tampa, cloudy 12 60 .02 Washingtonn clear 47 34 Winnipeg, clear -5 -11 (M Missing; Trace) Luzon Island Is Swept By Typhoon Opal MANILA (UPI) Typhoon Opal swept across the heavily populated island of Luzon Monday. The storm grounded a British freighter, damaged buildings; knocked out communications and caused a washout that derailed a passenger train with persons aboard. The national police reported at least two persons killed and three injured. The late-season typhoon swirled Into the Philippines' principal island early Monday with winds of up to 175 miles per hour. It lost strength as it slammed across the coconut-rich Bicol region but maintained an 11-mile-per hour pace, with winds of 125 miles per hour, in a west-northwesterly direction.

The Manila Weather- Bureau said the typhoon was expected to pass 50 miles north of Manila. Heavy rains accompanying the typhoon triggered a landslide in Catanduanes Province. The slide buried a home, and polic ereported a father and a daughter killed. Three other members of the family were listed as Eight coaches of an express train were derailed in Aloneros. A Manila Railroad company spokesman said typhoon-spawned rains had washed out the tracks.

to leave room for relatively few exceptions: "We must conclude that while the focus of the legislation was on the individual restaurant's relation to interstate commerce. Congress appropriately considered importance of that connection with the knowledge that the discrimination was but 'representative of many others throughout the country, the total incidence of which if left unchecked may well become far-reaching in its to commerce'." Ollie McClung who operates the harhecue restaurant wilh his son, Ollie said lie was shocked by the decision. He said, "It. sppms to mo that, the ownership and use of private property, is essential to the American way of life." The spokesman for Heart of Allanta Motel said the decision opens "a frightful door to the unlimited power of a centralized government." Generally, however, the accommodations decision seemed to have been widely anticipated and stirred no great immediate furor in the South. In its sit-in decision the court reversed trespass convictions for lunch counter demonstrations in two states in I960.

Arthur Hamm was arrested for a demonstration in Mc-Crory's Variety Store in Hill, S.C. Frank James Lupper and -Thomas Robinson were ar rested at a lunch counter in the Blass Department Store in Little Rock, Ark. Clark said of these arrests that were made before Congress acled: "Fulure state prosecutions under the Act being unconstitutional and there being no saving clause in the Act itself, convictions' for pre-enactiment Violations would be-equally unconstitutional and abatement necessarily follows." Black's said he does not interpret the court's opinion as authorizing "persons who are unlawfully refused service" to "lake the law Into-their own hands by sitting down and occupying the premises for as long as they choose to stay." Black said nothing in the language of the Civil Rights Act "justifies the court's offhand assertion that it is carrying out the 'legislative purpose'." He said he found not one word "on which the most strained efforts of the most fertile imaginations could support uch a (Continued from Page Sec. 1) that "Russian and Chinese weapons, food and medicines had already been received." Stevenson said Gbenye declared "that President (Kwame) Nkrumah (Of Ghana), (Gamal AbdeD Nasser (of the U.A.R.) and (Ahmed) Ben Bella (of Algeria) had promised to send arms and volunteers and that African states would provide aircraft." Stevenson asked the council to create "an inspection and investigator group to proceed to the Congo and to report to this council so that outside intervention in the affairs of the government of the Congo can be brought to an end at the earliest possible moment." Stevenson told the council that Gbenye said the center for the build-up of rebel strength would be Brazzaville, the capital of the neighboring former French Congo, "and that the object is to assemble outside assistance, including volunteers and supplies, from which a drive would then be launched to take the capital of the former Belgian Congo. Stevenson asked the council to contrast this with U.S.

aid to the Congo, requested -by the Leopoldville government much as has been done by "all other African states." The Stanleyville mercy airlift was sanctioned by the Leopoldville government headed by Premier Moise Tshombe. Despite" this, Stevenson said: "In the last few days the United States has been variously accused, and I quote, of 'wanton of 'premeditated of plotting a humanitarian mission as a 'pretext' for military intervention, of a 'nefarious action' designed to exterminate the black inhabitants, of of a 'wanton and deliberate massacre of Congolese of 'a murderous of a 'premediated and cold blooded of 'not being truly concerned with the lives of hostages', of a 'crude or 'massive of having killed (Congolese leader Patrice) Lumumba 'with cynicism and of genocide against an entire people, of being caught 'red handed," of using the United Nations as a 'trojan of a racist attack trf kill thousands of an operation which, in the words of one of the speakers, proved lo him that a 'white, if his name is Carlson, or if he is an American, a Belgian or an Eng-glisnman, is worth thousands upon thousands of Stevenson's reference' was to Dr. Paul Carlson, an American medical missionary, sentenced on espionage charges and killed by the Congolese rebels. Downtown Rergteld Green Acres LONG PUSH LONDON (UPD A cartoon in Monday's Daily Mirror pictured Prime Minister Harold Wilson and President Johnson laboriously shoving a "Gaulle stone" toward the summit of a NATO agreement. Orei Thirty Thousand People Read Them Daily, You're One.

SPOT ADS Introducing Melba Steele Introductory Specials 15.00 Perm. Wave 5750 includes cut fir style Shampoo Set $000 Beauty" Salon 120 S. Broadway Ph. LY 3-6551 'Continued from Page 1, Sec. 1) members of the Palestine band, Pep-ettes, and fans set up the chant, "We're No.

1, We're No. 1, We're No. 1." And there was little doubt In -the minds of any that Palestine now has retaken the position it occupied at the start of the sea-. son, "No. 1 in the state rankings." Coach Thornton, who was as happy (and showed it) as any of his charges or Palestine fans, was the toast of the crowd as he came out of the dressing room.

He showed his happiness through eyes made red from crying as he congratulated each player In the dressing room. "I didn't have anything to do with this win," he commented to sports writers. "The boys did it all themselves. And playing as they did, they deserved the win." Two members of the Palestine squad, out for the season from recent, injuries, seemed have forgotten a broken leg and a twisted knee as they hopped from one player to another with words of praise. They are Fred Heaton and Da-vH Farrow.

As one of the exefted Palestine fans commented to another as the two walked from the dressing room, "You remember, those kids commented Friday after being told Wichita Falls had been selected as the favorite, game's not lost until the final 7 The final whistle sounded as Fitzgerald caught the winning touchdown pass. -PEN TILL 9 clearing stock of 4 5" Fashions (Continued from Page 1, Sec. 1) about 3,000 criminal prosecutions for sit-in demonstrations were still pending. All these cases are wiped out by the deci sion. They include cases not yet tried and those in which convictions were obtained and appealed.

Trespass was charged in most instances. Justice Tom C. Clark delivered the majority opinion in the sit-in decision as well as in the two separate public accommodations rulings. It was the first Supreme Court test of any part of the new law signed by President Johnson last July 2. In one case, the court upheld a Ihree-judge District Court ruling against the Heart of Atlanta Motel's challenge to the section outlawing discrimination in such places as hotels, restaurants, motels, and theaters.

Morton Rol lest on Atlanta attorney and official of the motel, filed suit two hours after Johnson signed the law. He argued his own case here Oct. 5, and said: "The fact that Negroes are involved in this issue is purely incidental. The fundamental issue is- whether Congress has the right to take away from a private business concern the owner's choice of running his firm as he- wishes and choosing his customers." Clark, disagreeing, said on behalf of the court: "The power of Congress to promote inter-stale commerce also includes the power to regulate the local incidents thereof, including local activities in both the state of origin and destination, which might have a substantial and harmful effect upon that commerce." While the Heart of Atlanta conceded 75 per cent of its customers are from out of slate, the court's second ruling dealt with OUie's Barbecue of Birmingham, which caters to local customers and buys most of its food locally. A three-judge District Court in Birmingham had ruled this put Ollie's beyond the power of Congress.

Reversing that decision. Clark said Ollie's receives about worth of food a year "whiclt-has. moved in commerce." It is a valid power of Congress to regulate this, he said. "A refusal to serve Negroes and their total loss as customers has, regardless of the absence of direct evidence, a -close connection to interstate commerce," Clark said. "The fewer customers a restaurant enjoys the less food it sells and consequently the less it buys." The closest Clark came to pinning down how.

far the law goes were these words that seemed flybn binding ct hs top for longer weer ECONOMICAL $1750 tion speech with, "If each of you will get down on your knees tonight and let God lead you in reaching a decision, we'll have a much better county and try in which to live." It was following Bristow's words that Morrison gave the tongue-lashing to. Spellman. Morrison described a recent meeting of the Malakoff, city council before which Spellmann appeared to present the reasoning behind Athens' extra-territorial move. "Spellman is like an octopus," he charged. "It's not you men I'm against (referring to Dr.

N. D. Geddie mayor, and Coun-cilmen Joe White and Donald Foster), it's him. He's agitating Malakoff to go north." Morrison charged Spellman with telling the Malakoff council to forget- Murchison which has ohl 251 people. Referring to the alleged land grab by Athens, Morrison asked, "If we must go somewhere, why can't we go to Malakoff?" It was then that he dropped the gauntlet, "I'm ready to fight if vou take another foot tonight!" It was in a rebuttal speech that Bristow called on representatives to get together and raise money to fight the council on the extra-territorial move.

Councilmen White and Foster spoke out for the extra-terriorial annexation. They said they they were doing the best for everyone. "Time will prove that our effort is different than you think," White told the gathering. The council "did not take action' on the ordinance until the hearing, held prior to the regular council meeting, was closed and the opposing group had left the council chambers. However, the opposition reportedly began its own "fight" after leaving the hearing.

They did not disclose the- nature of their fight, but it was learned from reliable sources that several communities are planning to incorporate an area larger than Athens. Control ozy Uaiwil 17 i ill Real Comfort regnlar stock Purchases! Just SUSPECTS 'Continued from Page 1, Sec. 1) doned a few miles west of Ben Wheeler about an hour after the attempted robbery. Stanger told newsmen he saw a gun in the hand of one of the men. The three men now being held in Canton were arresetd Thursday by Texas Rangers in Mes-quite.

Lawmen indicated a fourth arrest was eminent in the case. A warrant was sworn out by Judge Little after a complaint had been filed. Nothing was taken in the attempted robbery. The historic Spanish name, Cape Canaveral, survives on maps though the rocket-studded sandspit became Cape Kennedy. The townsite there has remained Cape Canaveral, following residents' wishes.

$20.10 $26.22 in time for Christmas! xC 1 4 automatic: -rftr ELECTRIC ksh Mir 4 Q7 I I COMPLETELY VASHACLE s- 1 7 Att i ill NJ V7 HOSPITAL Continued from Page 1, Sec. 1) affects Dr. Hoerster" involving illegal acts. Asked the reason for Hoers- ter's action, Tellepsen said "the lack of complete support on the part of the board. He felt the board was not backing him up." Tellepsen said Hoerster and the board had disagreed on "the dismissal and reengagement of personnel" below the rank of doctor.

Tellepsen added that the res ignation was "a eulminatifm of things over several years, not only the last few weks In some instances, the hoard overruled Hoerster's actions, he said. Hoerster, 46, has been superintendent since 1955. He was head of the clinical division at Big Springs State Hospital during 1950-52 and chief of psychiatric services at the Austin headquarters during 1952-55. His resignation is the second in the system in two months. Dr.

Eaton Bennett, superintendent of the San Antonio hospital, resigned two weeks after the escape of Leslie Douglas Ashley, accused of the' torch murder of a Houston man. Ashley is still at large. Tellepsen said because of the resignations, as well as turnover in top Jobs at other state hospitals, the board has named a committee of citizens and board members to study the problems and help the system get replacements Named to the committee were the Rev. Clifford S. Walles, San Antonio, an Episcopalian minister; Dr.

Shervert H. Frazier of Houston, head of the psychiatry department at the Baylor University Medical School; Dr. R. L. Stubblefield of Dallas, head of the department of neurology and psychiatry at the Southwestern Medical School; Dr.

Hamilton Ford, head of the neurology and psychiatry department at the University of Texas Galveston Medical Branch; and four board members: Dr. Horace E. Cromer of Austin; Dr. George A. Constant of Victoria; Dr.

Raleigh White, Temple; and Mrs. H. E. Butt. Corpus Christi.

Two more citizen committee members will be named. Guiana Chief Is Sworn In GEORGETOWN, British Guiana 'AP) Forbes pro-Western Socialist, was sworn in Monday as British Guiana's new premier. He succeeds Dr. Cheddi controversial Marxist who dominated policies in this British South American colony for 11 years. Jagan, of East Indian extraction, was voted out by the combined opposition in a general election Dec.

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