The Kansas City Times from Kansas City, Missouri • 1

(THE Morning KANSAS CITY STAR) £l)c (Hty Te Subscribe Call 4J1-1ISII Far Claw Iliad Adi Call Ml IM KANSAS CITY FRIDAY JULY 7 1 972 -34 PAGES VOL 104 NO 261 MAIN EDITION Block by Justice In Delegate Shift of a tion but by the mandate lower federal action was the second part of the District of Columbia Appeals Court decision which upheld the credentials expulsion of Mayor Richard Daley of Chicago and 58 other Illinois delegates The appeals court earligr issued a stay of its own decision that was scheduled to expire at 2 pm yesterday one-sentence order issued yesterday before that hour extended the existing stay until further action by the high court Late yesterday a court spokesman said no further announcement would be made until at least this morning The Democratic party contends lower court intervention in delegate selection like Washington With then-national convention fast approaching Democrats were left in a legal limbo yesterday as they waited for Supreme Court action on an issue that could win or lose a presidential nomination Chief Justice Warren Burger issued an order blocking imposition of a lower-court decision that returned 151 California delegates to Sen George McGovern Burger ordered the delay as he attempted to contact the other eight vacationing justices The question is whether the court will agree to a special term to consider two challenges to the lower court ruling Also suspended by the chief will place the federal judiciary in the role of convention kingmaker At the same time Daley forces have asked vacationing justices to sit in a special term to gain judicial action reinstating them as delegates The court may sit with as few as six of the nine justices present The appeals court Wednesday overturned the credentials committee and ordered 151 California delegates returned to Sen George McGovern The committee had stripped them from the South Dakota senator when it decided to reverse the winner-take-all state primary and parcel out delegates to candidates according to primary percentage At the same time the court upheld the right to unseat Daley and 58 other Illinois delegates on delegate selection violations In asking the high court to consider the case the Democratic Party contended the lower court decision provoked a fundamental constitutional crisis which can be settled only by this The Democrats contended the decision threatens a fundamental change in the American political system by expanding the judiciary role into the affairs of political parties further than ever before McGovern forces opposed the party bid saying is particularly important that the process in which the nominees of the two major political parties are selected conform to the dictates of due process equal protection of the The appeals court ruled that changing the terms of the California election violated the fun-d a a 1 principles of due process John Kester attorney for the Democrats at the filing procedures said the party hierarchy would follow the dictates of the court The petition from the Daley forces claimed The appeals court totally ignored the Illinois election code and has superimposed requirements which disenfranchise the electorate and violate the of replaced delegates while were Campsite commodations for the Democratic National Convention Abernathy pitched a 1-man tent for his stay at the convention (Wirephoto) (left) end the Rev Ralph David Abernathy looked over the camp site at Miami Beach wtrvoy FI- yesterday surveying the ac The seating of the California delegates the party brief said very likely the presidential nomination -will be determined not by the political the original delegates process operative at the conven- picked in an election rights The challengers who the ousted Illinois were selected by caucus Coast Airline Hit Again San Diego Calif CAP) Aland airline officials the gun-1 highjacking was young gunman highjacked a 'man allowed 31 persons meetly the fourth of a PSA plane this Pacific Southwest Airlines jet- women arKj children to leave year The airline liner to San Diego last night the plane and ordered it back into the (year The airline operates entirely within the confines of Cal- The plane a 3-engine Boeing was parked about 500 yards on April 9 Stanley Harlan Speck 31 San Francisco was and three FBI armed air early today after being paid $450000 in ransom and releasing all but two passengers the airline said nal agents It was the second highjacking with rifles with telescopic sights Miami Ready For Hoopla By Joe Lastelic The Star's Washington Bureau Miami Beach Except for a few welcome signs there is little to indicate this resort is about to be host to another rip-snorting Democratic national convention Summer tourists in the salt-water swimming pools and hotels and only a few newsmen and Democratic party workers are in town With the platform and credentials matters being fought in Washington the usual 2-week convention has been compressed into a single week New left leaders had been pressing the city council for a campsite and finally the council said the would-be protesters could sleep in a city park about five blocks from convention hall So the Chicago confrontation of four years ago because of a nan against camping apparently will be avoided There still is a threat of a demonstration A hotel manager complained that the police in their zeal to warn the local citizenry about possible violence have done their job too well old retired people who just want to be left alone are he said keep telling them that the police are talking about what could happen not what will happen Anyway I think going to stay at home and they know anymore or have anymore contact with the convention than the people in Anyone at the airport asking to be taken to Miami Beach is asked if he has a hotel reservation All of the hotel rooms on the beach are controlled by the Democratic party and supposedly a sellout crowd is on the way Visitors are told to take their chances in one of the smaller nearby communities Most of the convention delegates are expected tomorrow or Sunday with the first convention session set for Monday Bands and rallies are planned when the presidential hopefuls arrive The party is $9 million in debt but a nationwide telethon tomorrow night is supposed to wipe that out Motion picture and television stars will entertain Those working with the show are a bit downhearted because campaign contribution pledges now are In the cautiously optimistic stage In order to cut traffic problems and get all the delegates and newsmen back and forth a shuttle bus system is being provided There is a catch it costs $8 a ticket but a ticket holder can ride all week on it The funds collected are to help defray convention expenses In greener years the busses were free At the Doral where Sen George McGovern has his headquarters communications cables and a single sign are all that decorate the entranceway At the Crillon where Sen Hubert Humphrey will stay red white and blue flags and bunting enliven the scene Some of the workers wear gray mended yesterday that the Mis shirts with Humphrey emblazoned on them The Fontainebleau Hotel is convention headquarters and so far there is little activity in the lobbies In the hotel basement exhibition hall newsmen are setting up their operating headquarters Out on Collins Avenue in the cabanas and on the beach summer tourists enjoyed the sunny clear but very hot day In the spirit of the beach and in keeping with the suggestion of the set' iirTa town fathers most of the men have shed ties At least in attire tlonal amenlmein tnal sel UP a the Democratic national convention is expected to be a casual affair Asked Jefferson City A new disciplinary commission recom- souri Supreme Court officially reprimand one of its members Judge John Bardgett of St Louis for conduct that gave the appearance of impropriety It was the first such test of judicial ethics under a constitu- commission on retirement removal and discipline of the the FBI in San Francisco as having made the decision to rush the jet said: hope this will be a lesson We intended to stop this highjack and stop it wa After failing in six hours of negotiations to win release of 81 passengers and a crew of five FBI agents stormed the plane Wednesday and opened fire on a highjacker who had been holding a gun at the head in the cockpit The highjacker in the rear of the plane began firing wildly wounding two passengers and killing another before he was shot to death by agents the FBI said The highjackers were identified yesterday as two Bulgarian See GUNMAN on Next Page Defense by FBI San Francisco The FBI agent who gave the order that ended in the shooting deaths of two highjackers and a passenger said yesterday he hopes will be a to future highjackers The president sup-rted the action but said was upset that the passenger had been killed and two other passengers wounded FBI had a well thought out plan and it is obvious to me that it would have succeeded except for the one highjacker going Floyd Anri president of Pacific Southwest Airlines said Robert Gebhardt FBI agent-in-charge who is described by captured within an hour after he allegedly ordered a PSA Boeing 727 to land in San Diego where he demanded $500000 and a parachute Speck was arrested by FBI agents after the 85 passengers left the plane In January a man and a woman with a shotgun and baby ordered a PSA commuter flight to Cuba During refueling in Tampa Fla the couple vainly sought a plane capable of taking them to Africa waited nearby The PSA spokesman said the man had not said whether he wanted to be flown elsewhere The plane was Flight 389 Two armed highjackers of a PSA plane were shot to death by FBI agents Wednesday at San Francisco International Airport A passenger was fatally wounded by one" of the highjackers the FBI said Two other passengers were wounded of a PSA airliner in two days The air pirate described only as a white man took over the plane as it approached Sacramento on a short flight from Oakland He ordered it to fly to San Diego 500 miles away An airline spokesman said the money and parachute were ready when the plane landed here After a few minutes of negotiations between the highjacker to Reprimand Missouri Judge i statements during a House de- pro- bate would his fession like a 3 I The commission found Bardgett was in no way influenced by Godfrey and was no actual impropriety as distinguished from the appearance of Even though the pending legislative case was not discussed the commission said believe it reasonable to conclude that substantial numbers of the public at large might honestly and conscientiously believe that speaker Godfrey had a in the case is only a standard of conduct expressed in the judicial canons and that a judge's conduct even in his ev eryday life should be beyond Bardgett was appointed to the Supreme Court April 27 1970 by Gov Warren Hearnes under the nonpartisan court plan He formerly was a St Louis Circuit court judge Chief Justice James A Finch of the Supreme Court said that under the rules Bardgett has 30 days to file objections to the findings and then could ask for oral arguments before the court Finch said he had heard nothing from Bardgett and thought it was too soon to speculate on the next step commission said avoid such action as may reasonably tend to awaken the suspicion that his social relationship with Speaker Godfrey constituted an element in influencing his judicial in violation of Supreme Court rules The rule cited by the commission is a strict one It says: official conduct should be free from impropriety and the appearance of impropriety: he should avoid infractions of law and his personal behavior not only upon the bench and in the performance of his judicial duties but also in his everyday life should be beyond Another rule says a judge should avoid conduct (hat might justify the impression that he could 'be improperly influenced by any relative or any person in a position of influence March 6 He did disqualify himself March 13 and did not participate in the final decision The court decided as it has in other such residency cases that the House of Representatives was the sole judge of the qualifications of its members The commission said there was no evidence that Godfrey and Bardgett who were old friends discussed the pending case during the evening when they visited three public places Governor Hotel the Ra-mada Inn and the Holiday Inn where the confrontation with Webb took place The problem the commission said was what Marshall other legislators or the public may have concluded as a result of the evening with Godfrey Bardgett was not particularly the But the commission found that appearance in public that night with the House speaker Rep James Godfrey (D-St Louis) while a case involving Godfrey was pending before the Supreme Court did give the appearance of in violation of the canons of judicial ethics set out in Supreme Court rules Pending at the time was a case filed by Rep Richard Marshall (R-Webster Groves) involving the residency qualifications of certain Missouri House members judiciary Bardgett 45 was accused of being intoxicated in a Jefferson City cocktail lounge Feb 29 and on that count the commission exonerated him Out of Hospital asass Houston (AP) Gov Wendell Ford of Kentucky who under-' went vascular surgery June 28 was released from Methodist I Hospital yesterday Thought for Today Often it does seem such a pity that Noah and his party miss the boat Mark Twain The commission also found that Bardgett did not swear at Rep John Webb (R-Webb City) I Bardgett did not immediately as alleged It concluded Bard- disqualify himself and heard gett told Webb that I oral arguments of the case On Inside Pages Sunday Want Ads In before 11 am Sat 221-5500 Adv Cookingham Says City Progress Stalled Afhenagoras I the ecumenical patriarch and leader of the world's 250 million Orthodox Christians dies at 86 2 The first game in the world championship chess match is set for Tuesday Bobby Fischer draws the black pawn giving the first move to his opponent Boris Spassky 8 ISC Industries Inc has agreed in principle to sell all of its radio and television properties for more than $56 million Included are two local stations KBEA and KBEY-FM On the Financial Front 16 The Nixon administration announces it is trying to put 779 drug traffic bosses in 53 cities out of business if not behind bars through tax prosecution 16 The leading editorial: Faced with one of the most important primary elections in many years it'is shocking that so few eligible voters have even bothered to register in Kansas City 32 The Royals drop the final game of a 3-game series with Detroit 7-0 18 The other baseball scores: government left in shambles with the collapse of the Pender-L Cookingham would have gast machine) expressed disap-preferred the title chief admin- pointment with Kansas lstrative officer to that of city progress in recent years manager during the 19 years he held the top appointive position Cookingham discussed some in Kansas City government areas where improvements might be made These ideas never liked city manager were jn his review of the advan-because it sounds like the citi- tages of the council-manager form of government which he compared to a well-run business if the system is working prop- zens are being Cookingham said yesterday (Chief administrative officer) is better the captain of the administrative compare it to a corporate Cookingham who was city Cookingham said serve as an aide to the mayor overlooked the fact that any administration is powerless without a working council majority The city manager thus represents this majority general manager of a corporation work for the chairman of the Cookingham said carries out the policies of the board of Cookingham still an active consultant mi urban problems said he spent 39 years in five cities as an administrator under the council-manager form of government because he believed from his high school civics classes that this charter provided for professional rather than political government He says policy on the other hand is determined by the outcome of city elections when the citizens or express their views on the per-See COOKINGHAM Next Page tenure here said the curient dispute about who is in charge at the City the mayor or the city had never been a problem for him Cookingham also served under administrations headed by William Kemp (1946 to 1955) and Roe Bartle (1955 to 1959) Cookingham said although he had a good working relationship with Mayor Bartle he resigned at the outset of second term because he did not have the support of a majority of the then 9-member council I never had that Cookingham sai4 of a splintered city council TIn 1959 the council let me know they wanted to change managers and I accommodated them by resigning They changed managers and they kept right on changing Cookingham said Mayor contention that the manager essentially should American League Texes 3-5 Clave 4-6 New York 6 Oak 2 Balt 2 Chicago 1 Mil at California National Laaguo Los Angolot 11 Mont 4 Atlanta 4 Chi 9 SF 6 Phlfa 4 (10 Innlngst Dlogo 1 NY 0 (14 innings Pitts 7 Hous 3 (17 Innings) Sports 18-21 Deaths 1022 Financial News 141516 Movies 13 manager from 1940 through 1959 was asked his interpretation of the city role in light of the recent City Hall controversy involving Mayor Charles Wheeler Jr John Taylor the present city manager and city council members The man who became known as the dean of city managers (after he brought order and businesslike efficiency to a city stockholders are the voters of the city They elect a board of directors (the city council) to form the policies of their city and they appoint a city manager as chief administrative officer to carry out those Cookingham who worked closely with Mayor John Gage and a reform-minded city council at the beginning of his Cornice 31 Editorial Comment 3233 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