The News and Observer from Raleigh, North Carolina • 6

5-A The News and Observer, Raleigh, N. C. Friday, June 20, 1975 3 POLICE POLICE United Press International Raleigh police separate outside supporters and onlookers from prison gate behind them Bogue Banks Bill Advances The state Senate, following a tradition of respecting other senators' local bills, Thursday tentatively approved a Bogue Banks annexation bill that has stirred controversy across the state. The bill, sponsored by Rep. Ronald Earl Mason, D-Carteret.

and already passed by the House, allows the tiny new town of Indian Beach to annex a chunk of undeveloped land owned by a group of investors including North Carolina National Bank executives Luther Hodges Jr. and Hugh L. McColl Jr. Although it was supported by the senator representing that district, Livingstone Stallings, D-Craven, several senators broke the legislative tradition of not opposing other senators' local bills. Sen.

E. Lawrence Davis, D- Forsyth, argued against the bill, noting that residents of the area, as well as some of his constituents who own land there, oppose it. He was joined by Sen. Harold Local Bill Tradition W. Hardison, D-Lenoir, who said of the measure, "'it's not a local bill' because owners of property there live in all parts of the state.

He said he had received number of phone calls from some of his constituas tents opposing the bill. But Sens. Herman A. Moore, D-Mecklenburg, and W.D. (Billy) Mills, D-Onslow, urged the Senate to stand by Stallings.

'What's Best' "Since I've been in the legislature, we've left it to the delegations to decide what's best for their district," Mills said. By a vote of 28-16, the Senate then approved the bill. It was held for final action today. All of the area involved in the dispute is located on Bogue Banks between Emerald Isle and Atlantic Beach. The opposition to the annexation comes from the town of Pine Knoll Shores and summer residents of Hoffman Beach, a small development beside Salter Path Village.

Salter Path separates Indian Beach to the south and the undeveloped land, which is to the north. Pine Knoll Shores is farther north of the land, but doesn't join it. opponents say they fear the land, which extends more than a half mile along the beach and includes all the area between the ocean and Bogue Sound, will become covered with tralers, like Indian Beach. But the owners of the property say they have no plans to put trailers on the land. And Wayne Thompson, mayor of Indian Beach, said they couldn't, even if they wanted to.

For one thing, the state won't allow trailer sewer hookups there, he said. Also, he said Indian Beach's town board "has no intention" of allowing trailers on the land. Thompson said a that whole issue is "moot," anyway, because Sen. Moore amended the bill in committee to keep the land to be annexed under the zoning laws of Carteret County Ford Proposes Crime Crackdown Continued from Page One crime has continued to increase despite "strenuous federal efforts" since 1965. FBI figures show that serious crime rose per cent last year, the largest increase in the 44 years the FBI has compiled the data.

The administration asked Congress for legislation which would: -Establish mandatory minimum prison sentences for armed offenders who commit violent crimes under federal jurisdiction, aircraft hijackers, kidnapers, narcotics dealers, and many repeat offenders. -Provide payments as high as $50,000 to "victims of federal crimes who suffer personal injury." -Tighten the restrictions for licensing gun dealers, require dealers to observe a waiting period before delivering a gun to a buyer, and ban the manufacture and sale of cheap handguns known as "Saturday night specials." -Extend the life of the Law Enforcement Assistance Administration for five years and authorize another $250 million during that period for crimefighting programs in selected cities. "It is my firm belief that persons convicted of violent crime should be sent to prison," Ford said as he called for mandatory sentences. Although he did not say so directly, the number of individuals prosecuted for federal offenses of all sorts in the United States is a miniscule proportion of those brought to justice in state courts. In 1973, for example, there were only 39,000 federal prosecutions out of a nationwide total of 1.5 million or a little more than 2 per cent.

Department officials said the proposal, if it had been in effect in 1973, would have meant prison sentences for about 950 persons who avoided incarceration. If enacted, the proposal probably would cause a long-range Conferees OK Hike in Aid West said that private colleges "really need a state aid program, partially based on need, partially available to all North Carolina students. The Senate had proposed limiting the increase to $350 the first year and to continue the entire aid program on th basis of need, but the senators on the conference committee agreed to go along with House provisions for the full $200 increase under the new system. Resist Tuition Hikes Continued from Page One House conferees, however, resisted the Senate-passed tuition increases for the University of North Carolina system. The Senate had called for an increase of $50 for in-state students' and $100 for out-of-state students.

"At loggerheads over the tuition issue, the conference committee decided to put it aside for a day. The conference committee, on the other hand, engaged in a spirited debate over funds for prison construction, a discussion obviously heightened by the protest at women's prison and criticism of overcrowded conditions in the state's penal system. The Advisory Budget Commission had recommended $38.1 million for prison construction, but in their efforts to cut more than $288 million out of the recommended budget following revised revenue estimates, both the House and Senate cut the prison construction budget sharply. Chants Fill Night Around Prison Gates By PAUL HORVITZ Staff Writer "One, two, three, four. Inmates ain't gonna take no The chant went up from outside the gates at the N.

C. Correction Center for Women here Thursday and inside about 150 yards away the inmates joined the shouts. Small but vocal crowds of supporters have gathered outside the gates of the prison to support striking inmates since early Monday morning, when violence erupted. On Sunday, the supporters, who call themselves Action for Forgotten Women, gathered on the prison campus against an interior fence that separated them from protesting inmates. Since Monday, they have pressed against the outside gate farther away.

But Thursday night, about 30 Raleigh police officers were called in to move the supporters back from the gate and onto a lawn about 25 feet outside the gate. The AFW leadership three Durham women have repeatedly entered the administration building at the prison in Southeast Raleigh to help the prisoners negotiate with state correction officials. And repeatedly they have returned with scornful words for the correction leadership, especially Ralph Edwards, state director of prisons. "Ralph Edwards is jiving. He is not willing to meet the legitimate Larry Little, a Black Panther activist from Winston-Salem, shouted Thursday night over a bullhorn outside the gate.

At about 7:25 p.m., Thursday, three AFW women returned from the prison administration building after another of the many rounds of talks that have spanned the tension at the prison. The women conferred with Little but refused to disclose to reporters what had taken place inside. About 7:45 p.m. Little shouted to the inmates: "Basically, the negotiations have broken down. We've got to start going downtown and rioting.

We've got to give Raleigh some hell." "Right on," came the inmates' cry from inside. When rioting broke out inside the prison early Monday morning, an AFW leader, Celine Chenier, had been camped outside the prison yard fence with about 12 other AFW members. She later entered the yard with a bullhorn and the apparent consent of prison officials, and sought to cool down the tempers inside. Throughout the week of tension and disturbances at the Under. the Dome Continued from Page One OTHERS Two othe potential nominees weren't tapped because the governor ws wary of appointing too many people from Charlotte to the commission, according to one of them.

Rep. Carolyn Mathis, R- Mecklenburg, and a David Jordan, director of the state's Division of Youth Services, were both considered by the governor, but never contacted by his office about the matters. Rep. Mathis told Dome she got curious after hearing her name mentioned as a possible nominee, so he called the governor's office. She was told Holshouser didn7t want to appoint another Charlotte native.

Both she and Jordan are from Charlotte, as is Barbara Ann Simpson, another of the governor's nominees. CORRECTION A Dome item Thursday about legislation to limit state income tax deductions erroneously described one of the kinds of companies exempt from the new law. The companies in question, known as "subchapter corporations" under the Internal Revenue Code, are firms with fewer than 10 stockholders, not fewer than 10 employes as the Dome item said. The measure ws sponsored in the General Assembly by Sen. J.

Russell Kirby, D- Wilson, and allows a tax deduction for the first $15,000 of dividend income from North Carolina companies but makes all dividends above that amount subject to the state income tax. Sen. Edward Renfrow, D- Johnston, who introduced the amendment exempting "subchapter corporations," said dividends from the small firms were considered salaries under North Carolina law and without the exemption, would be subject to double taxation, as both corporate and individual income. Reading PARIS The nonreading French population has dropped by more than one-third since 1960. prison.

Ms. Chenier and her supporters have kept a daily vigil outside the prison gates. She has urged the inmates to engage in a non-violent protest of prison conditions and has backed inmate demands that the prison laundry be closed and that medical care be improved. About 100 persons stood outside the gate at the end of Bragg Street when inmates were forced out of the yard by correction guards again' Thursday. Many were small children on bicycles and other residents of the black neighborhood adjacent to the prison grounds.

AFW has been active for more than a year in pressing for reform at the women's prison here. Ms. Chenier and several dozen others rallied outside the prison on Nov. 18, 1 1974 and called for the abolition of the prison laundry. The three AFW women who had been negotiating with prison officials off and on were Ms.

Chenier, Chairsie Hedgepeth and Brook Whiting, who is the daughter of Albert N. Whiting. chancellor of North Carolina Central University in Durham. There were indications Sunday that AFW had not had a direct role in organizing the original inmate protest that ended in a violent confrontation Monday morning. However, the inmates have been in constant contact with Ms.

Chenier since Sunday via telephone Sunday afternoon and by bullhorn and hand signals since then. Mason Case To Jury in an effort to allay opponents' fears. Thompson challenged opponents' that Indian Beach's were inadcharges. equate. The hundreds of trailers in the town now were there before it was incorporated two years ago, he said, and there is nothing the town can do about them.

(The News and Observer incorrectly reported Thursday that the town has only 35 residents, 12 registered voters and 300 trailers in the summer. Thompson said the correct figures are 90 residents, 36 voters and 800 trailers.) Thompson also belittled fears by Hoffman Beach residents that they would be annexed next. "We don't want to annex them," he said. While the property owners haven't said what they plan to do with their land, the county's zoning regulations would allow them to build resort condominiums or hotels. -GARY PEARCE increase in the number of federal prison inmates, currently about 23,000.

But Justice De partment officials said they cannot predict the size of the increase. The administration has not yet settled the length of the mandatory sentences to be proposed for each crime. The purpose is to stress deterrence by admonstrating that a convicted offender has virtually no way of avoiding prison through suspended sentences or probation, department officials said. "You don't need to prove that by putting them in jail for a long time," said one official. "It won't be a long sentence." The narcotics investigations program of the attorney general's office involves gathering evidence and giving testimony to local prosecuting attorneys and other government agencies.

The committee agreed to reduce the legislature's budget by $700,000 by limiting the 1976 session to eight weeks. The original budget had provided for a 15-week session in 1976, but legislators said they now hope to keep the session next year focused on budget matters. In other action, with Sen. D. Livingstone Stallings, D-Craven, declaring, "'This bicenten'nial comes once every 200 years," the committee provided $157,000 for various state assistance in local bicentennial projects.

Midweek Adjournment Seems Likely Adjournment of the General Assembly, slowed by budget deliberations, now appears likely by the middle of next week. Failure of House and Senate budget conferees to reach immediate accord Wednesday virtually killed any chance of meeting the Friday adjournment date set May 1 by House Speaker James C. Green. Once the accord on the budget is reached, legislative staff personnel will need 48 working hours to prepare budget bills for floor consideration. NEW BERN (AP) A federal court jury begins deliberation Friday in the kidnaping trial of Leroy Mason, charged with abducting a Roanoke pids couple whom he has been convicted of murdering.

Final arguments ended Thursday in U.S. District Court in the third day of the trial. Mason is accused of taking Mr. and Mrs. James William Shay Jr.

at gunpoint from their home on the night of Sept. 8, 1973. Their bodies were later found in a gravel pit in Charles City County, Va. In Thursday's proceedings, Mason, 36, took the stand to claim his innocence. He told the court that he was fishing in Roanoke Rapids on the day of the abduction.

Mason, who was sentenced by a Virginia court last October to 80 years imprisonment for the Shays' murder, said Elaine Cobbs accompanied him from Richmond, Va. to Roanoke Rapids. He said Mrs. Cobbs, who was Elaine Branch at the time, went into town while he fished in the Roanoke River. Under a grant of immunity, Mrs.

Cobbs testified Tuesday that she was with Mason when he abducted the couple at gunpoint and drove them to Charles City County. Mrs. Cobbs was also a key prosecution witness in the Virginia murder trial. In her testimony Tuesday, Mrs. Cobbs said Mason couple down a dirt road and returned on foot without them a half hour later.

Mason and Mrs. Cobbs then returned to Richmond, she said. Mason said Mrs. Cobbs asked him in December 1973 to keep two guns because her father wanted them out of his home for the safety of his children. He said those were the weapons found by the FBI on May 3, 1974 in a search of his Richmond apartment.

The weapons were entered as evidence Wednesday. Mason, a former anti-poverty worker from Durham, said Mrs. Cobbs later hinted a friend of hers was involved in the kidnapping. He claimed she also hinted that they should turn him in to collect the $17,000 reward. The defendant's wife, Gloria Mason, who was separated from Mason at the time of the kidnapping, testified that she was with Maso for most of the evening of Sept.

8. Jo Ann Jackson, a coworker who dated Mason, said he came to her Richmond apartment about 11:15 p.m. on the night of the abduction and remained until the following morning. According to Mrs. she and Mason returned to Richmond about 12:30 a.m.

on Sept. 9. Mrs. Cobb also said she took Mason's young son to her mother's home before leaving for Roanoke Rapids. However, Catherine Taylor of Richmond said the boy spent the weekend at her home after Mason brought him Sept.

7. Jury Clears Pa. Priest in Shooting Death PITTSBURGH, Pa. (AP) A coroner's jury cleared a Roman Catholic priest Wednesday in the shooting death of a 19-year-old youth in the rectory of a suburban church. The jury of four women and two men ruled that the youth, Blaine D.

Kidder, was intoxicated and that the Rev. Ralph Esposito committed justifiable homicide when he shot the youth as he lunged at the priest in a rectory stairway on June 8., 4 Staff photo by Steve Murray Fist raised, Ms. Chenier peers through prison gate Guards, Inmates Clash at Prison terms offered by officials. He said he hoped that if the unit was quiet today some of the prisoners could be let out of the dormitories and expressed hope that by the weekend, the situation would be resolved. Anderson, who said he was representing the governor at the scene, periodically made reports to newsmen outside the prison on the violence.

Anderson said he had been in touch with Holshouser, who was "disturbed' by the outbreak, but felt guards had acted with restraing. He said the governor said he felt that prison officials had "knuckled under too much to demands" by the inmate protestors, and felt there were ways "to get to the cause of the problems without burning down buildings and tearing down It was not clear whether the inmates were injured at the hands of the guards or by other inmates. About half the inmates had not been participating in the strike and there had been reports of violence against them by the strikers. Anderson said he did not witness any beating by guards. Continued from Page One Talks Break Down He said prison officials decided to move against the strikers about 8 p.m.

when negotiations over prisoners' de mands broke down. "They decided it was time to get the prison back in the hands of the people who should be running it," Anderson said. He said Edwards broke off negotiations with inmates and prison reform activists before the violence erupted. "They would not listen to reason," he said of the inmates. Anderson said the guards moved into the prison yard to enforce the curfew and the inmates voluntarily returned to their dormitories.

Once inside, he said, "they began tearing everything About 150 Central Prison guards and 24 helmeted state troopers attempted to restore order. Thirty Raleigh policemen stood outside the prison compound to keep an eye on the 150 or so demonstrators led by Winston-Salem Black Panther leader Larry Little and Durham prison reform activist Celine C. Chenier. "Order will be restored," Anderson said. He blamed "outside agitators," namely Ms.

Chenier, for the violence at the prison. Ms. Chenier, one of the leaders of a group supporting the prisoners' demands, had participated in the negotiations. She first went in at 5 p.m., the time when Edwards said the negotiations started to break down. She emerged from the talks about 7:30 p.m.

and told spectators: "Basically, the negotiations broke down. Black Panther leader Larry Little said "Ralph Edwards is jiving. He is not willing to meet the legitimate demands." About mid-evening, fire destroyed an empty warehouse at the intersection of Bragg Street and Old Garner Road, about six blocks from the prison. The building, formerly: a salvage store operated by Ben Weinstein, fell into ruins. It could not be immediately determined by fire officials whether the fire was set or whether there was any connection to the prison violence.

mInmate leaders and prison reform activists had described the prison during demonstrations Thursday as a "concentration camp." Most of those injured Thursday night were treated at the prison infirmary rather than at local hospitals. The prison reform activists had surged into the outer area of the prison compound at 8:50 a.m. Thursday and staged a -hour demonstration. The move was in direct violation of orders from prison officials that reporters and demonstrators stay off prison property. The demonstrators retreated when that several busloads of guards from central prison were on the way.

Prison director Edwards said Thursday that Louis C. Powell, would be named new permanent superintendent of the troubled prison. Powell is 35, black, and a native of the Wake County community of New Hill. The prisoners had demanded that Morris Kea, who had been serving as acting superintendent, be named to the post on a permanent basis. Edwards had said Kea would not be named because he had a higher paying post within the corrections department.

The women demonstrating at the prison had demanded that the laundry where they said the temperature got as high as 120 degrees be closed. They demanded a speedier hearing of grievance, improvements in medical care, and the firing of some prision workers. Prison officials had said that the workload at the prison laundry would be cut to about one third by restricting the laundry work to the laundry produced at the women's facility alone. Previously, the laundry had also done cleaning for other prison units. The Senate approved $3 million; the House voted for $11.6 million.

The 1973-74 legislature had already put up $15 million for the construction of two new high-rise prison units. "They still got that money ($15 million)," said Sen. I. C. Crawford, D-Buncombe.

"'This committee, as far as I know, doesn't know what the plans are (for spending that Crawford, who siad he favors campus-type prison facilities, said, "I don't want the prison department to be forced to build these high rises." State Budget Officer S. Kenneth Howard pointed out that the combined anticipate costs of the two highrises has gone up to $26 million. Sen. Kenneth C. Royall, D-Durham, said that the costs could be held to $10.2 million a piece if prison labor is used.

Compromise Reached The committee finally settled on a compromise devised mostly by Rep. Jimmy L. Love, D-Lee. It called for a $6 million appropriation, which when added to the original $15 million would provide $21 million for prison construction. Love's proposal said that the Department of Correction could use the money for not specifying highrises and for taking steps "to alleviate present overcrowding." such as making repairs, adding to some facilities and building others.

The conference committee also restored about $1.3 million cut out by the House for a preand post-release correction program, but it retained a reduction of $1.4 million -from a pre-sentence program. In the public schools budget, the conference committee approved a reduction of $1.8 million by decreasing the kindergarten class allocation for inservice training, travel and instructional materials. And it voted to cut $2.5 million from kindergartens by slowing down the five-year phase-in of the program. Last year, the legislature had speeded-up five-year program, but the conerence committee has voted to go back to the original schedule which provides for places in kindergartens for 80 per cent of the five-year-olds as the end of the next biennium. Legislative budget negotiators on Wednesday had cut out some funds for narcotics investigations by the attorney general's office and approved appropriations for only an eightweek session of the General Assembly in 1976.

On the whole, the Department of Justice, which is headed by the attorney general, gained a fairly large amount of funds $172,500 for eight new SBI agents, $78,000 for seven new positions crime lab and $221,000 for the organized crime section. But the conference committee accepted the House cut of $287,000 that had been requested for expanded operations of the department's narcotics investigations. Even with the cutback, however, the narcotics operation has a budget of about $1 million over the next two years, Prison officials had also responded that they would name a nonpartisan committee of physicians and others to look into health care and would check the employment records and work of controversial prison officials. The prisoners had, on Wednesday, torn up a written press release outlining the answers of prison officials to the demands..