Birmingham Post-Herald from Birmingham, Alabama • 1

Jk 4 I4 Wallace signsdeath penalty bill hopes for electrocutions in state Law faces court challenges i United Press International State Son Robert Weaver of Tal- counties withdrew Tuesday from ladega under indictment for al- active participation in the legisla-leged financial irregularities in two ture but said he would not resign Weaver recuses himself from business of Senate imSk United Press International Thomas Kleppo was nominated by President Ford Tuesday to be interior secretary He apparently faces the same hostile Senate hearings that may have led to the resignation of his predecessor Stanley Hathaway Ford vetoes oil controls extension United Press International WASHINGTON President Ford vetoed a six-month extension of domestic oil price controls Tuesday opening the door for prices to more than double on (0 per cent of the crude oil produced in America Senate Democrats prepared to try to overturn the veto on Wednesday Ford invited Congress to compromise heading off any immediate price hikes and administration spokesmen said a compromise was probable if the veto is sustained Republicans predicted they could block the override attempt Ford said the six-month extendon of controls was unacceptable but he urged Congress to send him a new bill extending the controls 45 days That would allow time for Congress and the administration to work out a plan for gradual rather than abrupt decontrol and price increases I signed this bill continuing controls America's start on the road to energy independence could be delayed indefinitely" Ford said in a statement read before television cameras in the Oval Office He said his action would save American jobs protect economic stability and develop a na tonal energy program "for future independence from foreign Federal Energy Administrator Frank Zarb said congressional leaders feel certain a compromise phasing out controls over a period of about 39 months can be reached within 30 to 45 days The main obstacle he said is to agree on a windfall profits tax Zarb said he hopes the prospect of a compromise will keep crude oil prices from rising during the next few weeks He said a sharp increase in crude oil prices could come "rather quickly" however if it appears there will be no compromise Immediate decontrol could cause gasoline prices to go up 3 cents a gallon in the next nine months Zarb said But he predicted pump prices will remain stable for the next three to five months no matter what happens because they already are high and gasoline demand tapers off during the fall and winter Ford said America's oil bill has increased 700 per cent in the past four years from $3 billion a year to more than 925 billion despite controls because of the nation's growing reliance on imported oil Zarb said removing controls would stimulate US production keeping money at home that now goes to oil producers abroad adding the price of gasoline already has gone up I cents this year because of imported oil price increases Ford labor reach truce on grain ByDaleMcFeatters Scrippt-Howird Newt Service WASHINGTON The White House and organized labor Tuesday reached a temporary truce on the union boycott of Russia-bound grain to allow the State Department to persuade the Soviet Union to become a regular and predictable customer of the American grain fanner Under Secretary of State for Economic Affairs Charles Robinson is being dispatched to Moscow to fulfill President Ford's goal of longer-term and more certain purchase understanding with the Soviet Union providing among other features for certain mini mum purchases" Fold also established a White House committee to monitor future grain sales to Russia and promised "a new procedure" for the sale of grain to foreign governments Those actions are intended to forestall secret large-scale Russian purchases such as the 1972 wheat deal that sent food prices here soaring Aides to AFL-CIO President George Meany say the long-term grain agreement and the government monitoring committee are the two key guarantees he needed to call off the union boycott The spearhead of that boycott has been the AFL-CIO's International Longshoremen's Association whose dock-worker members have been refusing to load the grain The boycott Is off at least until mid-October sufficient time Ford believes for Robinson to negotiate a deal with the Russians As an incentive to the Russians to sign up Ford has declared a moratorium on further sales until then Reportedly the Kremlin is in the market for at least another five million tons Hie mediator who brought the White House and the AFL-CIO together is Ford's Labor Secretary John Dunlop rapidly emerging as one of the President's most trusted advisers Dunlop's settlement of what could have been a messy and acrimonious dispute probably will enhance his influence with Ford Some administration advisers favored fighting the longshoremen in the courts ordering them to load the ships by federal injunction That course could have brought about a ferocious confrontation with the unions President Thomas "Teddy" Gleason had threatened In the face of injunctions "an epidemic could break out on the docks Dockworkers can get sick as hell" Dualop reached the agreement after two weeks of almost daily phone calls to Meany Final agreement was reached Tuesday afternoon Meany rounded up the presidents of the key maritime unions and headed over to the White House to meet with Ford Pact called no Russia threat United Press International WASHINGTON Secretary of State Henry A Kissinger said Tuesday the United States and Russia are equally interested in assuring there is no new blowup in the Middle East and therefore the Kremlin does not resent peace efforts there Kissinger at a news conference also renewed his pledge that Americans will be folly informed of any basic US commitments in the interim Sinai settlement he helped work out although some "diplomatic understandings" will be filtered down through Congress In any case he said the public and Congress can be certain the administration "won't give up any vital American interests" in its diplomatic initiatives in the Mideast or elsewhere In his first full-fledged meeting with reporters since returning Wednesday' from his successful two-week Mideast mission Kissinger said: "In the Middle East I don't believe Soviet and US interests are incompatible I don't believe progress In the Middle East is detrimental to Soviet Interests" In fact he said he believes the Israeli-Egyptian accord will contribute to general improvement in relations between Washington and Moscow due to their common interest in preventing any new flareup that might trigger global war Kissinger also said civilians will be used for the 200-member US technical team to serve as monitors in the United Nations buffer zone on the Sinai Peninsula It has not been decided whether the monitors will be drawn from the government or from private life he said "but they will not be from the Department of Defense" He said threats against the monitors by the Palestine Liberation Organization did not appear realistic since other civilians would not be allowed in the area Birmingham council bill passes House By Frank Bruer Staff Writer MONTGOMERY-The Alabama Senate Tuesday passed a hill to provide for a 15-member Birmingham City Council with six members elected at large but the size and makeup of the governing body is still up in the air The House has passed a bill to provide nine members elected by districts drawn up by the county board of registrars if voters approve Since neither house has passed the version of the other the Jefferson County delegations must iron out their differences or the council will remain as it is now nine members elected at large The Senate-passed version provides for nine members elected by districts and six chosen by the entire city Rep Ronald Jackson of Birmingham is trying for a compromise version that would have nine elected by districts corresponding basically to legislative House districts and three others by larger districts made up of three House districts That so far has not gained favor in the Senate delegation The bill was among two dozen Jefferson County measures which passed the Senate as local bills passed in large numbers Tuesday night One of the others was a House-passed bill creating a position of supernumerary probate judge in Jefferson County That measure would provide Jefferson Probate Judge Paul Meeks with retirement benefits of $26500 a year A Senate amendment requiring a judge to serve at least five years on the job will require House concurrence he-fore the bill goes to the governor for his signature Other Jefferson bills passed Tuesday by the Senate include measures to increase county pension benefits provide retirement benefits for widows and children of Birmingham city employes combine the inferior courts into one county court and increase the bond jurisdiction from 93000 to 5000 increase the pay of county board of education members from -25 to -35 a day and the number of days they can meet from 30 to 52 a year the city to form a corporation for a trade mart authorize the Jefferson County Commission to install water lines in areas not now served: increase the number of required hours of training for cosmotologists from 1000 to 1200 and hike license fees from $3 to 95 increase the number of deputy district attorneys from three to four in the Bessemer Cutoff painting county heavy equipment with distinctive marking raise the pay of the assistant sheriff in the Bessemer Cutoff to the same as the chief deputy sheriff and to raise the pay of the proposed new district court judges in Jefferson from a state maximum of $22 50n to a locally matched total ranging from 929500 to a maximum of 333500 Drug crackdown is begun in area Federal drug enforcement officials aided by local police departments Tuesday began sweeping drug arrests in the Birmingham area The arrests expected to reach at least 30 will continue Wednesday Story on page B4 commission should not be appointed until the matter is cleared up in court Wallace however said he is not seeking any court opinion on the validity of the new law apparently leaving it up to the legislature if the matter is to be contested legally Only McCorquodale seemed to be unsatisfied with allowing the old commission to continue operating He said he would reserve comment until after the appointing officials meet but added think we should meet and discuss it" Apparently as a vendetta aimed at one or more of the old members the legislature passed a new ethics law earlier in this session providing that the five members could not be on the commission in the future Baxley Issued an opinion some two weeks ago saying that provision is unconstitutional because individuals or members of an easily identifiable group canriotbe singled out in a law An attorney general's opinion has no legal standing if it Is contested In court By Ted Bryant Staff Writer MONTGOMERY Saying he hopes to "see some electrocutions in this Gov George Wallace signed a death penalty law Tuesday barely two hours after the bill gained final approval in the state House The bill became law however under the threat of a challenge in federal court and a Supreme Court ruling on a similar law expected in the near future Rep Thomas Reed of Tuskegee one of several blacks who fought the bill told the House they would fight no more in the legislative process but warned that black organizations will challenge the bill in court The Mil originated in the House but was amended in the Senate to provide that it would not become effective for six months after passage to allow time for the Supreme Court ruling The House approved the Senate amendment Tuesday and passed the bill on a 65-13 vote Wallace said he hopes that by the end of the six months the new law will have been upheld by the Supreme Court and added "I hope we will see some electrocutions in this state" The law he said "will get rid of some folks the taxpayers should not have to keep up the rest of their There's no way the la could be applied on a discriminatory basis he said "There are a lot of bad white folks and a lot of bad black folks in this state who ought to be electrocuted" he said Despite his attitude Tuesday only two persons had died in the state's electric chair between the time Wallace took office in 1963 and 1972 when a Supreme Court ruling struck down capital Cishment as it was applied in Ala-a and most other states The governor pointed out that persons of all races and backgrounds are serving on Alabama juries at this time saying that makes discrimination improbable in handing out death sentences Some la the legislature contend the bill is still unconstitutional however because it allows judges the discretion of commuting the death penalty if they decide mitigating circumstances warrant it It also allows district attorneys to prosecute according to the old statutes under which capital punishment is no longer legal Under the new law the death penalty would be mandatory if a defendant was found guilty of first degree murder in 14 special cases such as the killing of a public official murder involving kidnaping for ransom or robbery and mass murders Wallace contended the bill will be a determent to crime a particular problem in light of new federal court orders restricting the state prison system from accepting new inmates The governor was flanked by the bill's four sponsors in the legislatuer Sens Maston Mims of Uriah and Wendell Mitchell of Luverne and Reps Jack Biddle of Card end ale and Larry Morris of Alexander City when he signed the measure Here is vote 7 on death bill United Press International MONTGOMERY Here is the 65-13 vote by which the Alabama House Tuesday gave final approval to a bill restoring the death penalty in Alabama For: Andrews Armstrong Baker Barron Biddle Brindley Callahan Campbell Carothers Carter Cates Crawford Cross Dial Edwards Pal-kenburg Ford Gafford Glass Greer Hall Hants Hill Holley Hopping Jackson Johnson Johnstone Jolly Kelley Killian Kinsey Lee McClus-key McCulley McMillan Manley Martin Merrill Mitchem Morris Owens Plaster Rich Roberts Robertson Sandusky Sasser Shelton Smith Smith Smith Smith Sonnier Sparks Starkey Trammell Turnham Venable Waggoner Warren Weeks Williams and Wyatt (65) Against: Albright Cooper Hilliard Howard Kennedy Leonard Lewis Lutz Porter Quarles Reed Riddick and Tucker (13) "I again state my innocence and I know this will be proven in the final results" Weaver said in his brief talk on the Senate floor "I have been doing a lot of thinking in the last five or six days and a lot before that" Weaver said "The Senate was facing many important issues You do not need to nor do you have time to be laboring over personal problems" Weaver said there had been no suggestion by the Senate that any action be taken against him or that he take any action himself "But I have decided and I desire to take some action myself You have been my friends and I think I should show some good faith in Weaver said The second-term senator a practicing lawyer until the charges were brought against him and he surrendered his license said he has not received any call asking him to resign or recuse himself In fact he said he received 14 letters last Wednesday from supporters offering their help But he said he was taking the action to recuse himself from Senate activity on his own Weaver has accused Baxley of "trying me in the press" and said Tuesday he still "respects the office of the attorney say thanks enough" Weaver said "I'll be back" By recusing himself and not resigning Weaver still will remain on the legislative payroll No trial date has been set for the cases pending against him The indictments charge Weaver with spending money awarded in judgments to clients of his and with obtaining loans on real estate already mortgaged He has denied the charges and said again Tuesday: only thing I can say is I will not be convicted of any of those charges" Post-Herald Bureau MONTGOMERY Sen Robert Weaver of Talladega facing criminal charges in Talladega and Hale counties told the Alabama Senate Tuesday with tear-filled eyes he will recuse himself from further action in that chamber That means he said with a voice that occasionally broke with emotion he will not vote on issues or take part as chairman of the Senate business and Labor Relations Committee and as a member of four other committees The Senate immediately adopted a resolution by Sen Bingham Edwards of Decatur accepting Weaver's offer and declaring the Senate "will take no further action on these matters at this time" Atty Gen William Baxley who had recommended that Weaver be Impeached had no comment immediately but was expected to have a statement Wednesday The Senate had met privately in three closed-door sessions as a "committee of the to discuss the impeachment recommendations and was scheduled to meet privately again Tuesday Weaver has been indicted by a Talladega County grand jury on charges of embezzlement false pretense and forgery He also has been indicted by a Hale County grand Jury on false pretense charges are delayed The previous commission meanwhile will meet in Montgomery at 8:30 am Friday for the first time since the new law was passed One of the first decisions is expected to be on whether to toncintue operating as a commission or request a court ruling on its current standing Donald Comer a Sylacauga businessman is to take over as chairman from Connie Entrekin Birmingham labor leader whose term as a commission member is expiring Beasley who appointed Entrekin originally and would appoint his successor under the old law was unsure Tuesday whether he could still make the appointment The lieutenant governor said he would reappoint Entrekin if possible Previously Beasley Wallace McCorquodale Baxley and Supreme Court Chief Justice Howell Heflin appointed one member each but the new law provides that all five are to be appointed by Wallace Beasley and McCorquodale Jointly Ethics unit appointments Post-Herald Bureau MONTGOMERY Gov George Wallace and Lt Gov Jere Beasley agreed Tuesday that they will not attempt to appoint new members to the Alabama Ethics Commission until a seciton of the new state ethics law is cleared up in court The status of the commission was left in doubt by an opinion from Atty Gen Bill Baxley that a provision excluding old commission members from serving in the future is unconstitutional "I'm not going against the opinion if you want to know the truth of the Wallace said when asked about the status Under the new law Wallace Beasley and House Speaker Joe McCorquodale were to appoint five new members to the commission Wallace was questioned about the commission after signing a death penalty law Beasley who had Just come into the governor's office said he agreed with the governor that the new 9 kV a.