Birmingham Post-Herald from Birmingham, Alabama • 1

Officials pick route for Northern A Gaston lived a long and Beitlino MetroState Page 4A fruitful life Business Page C12 Site Birmingham Netra Birmingham Post-Herald COMBINED EDITION January 20 1996 OUR 108TH YEAR 5 Sections 350 James appeal higher ed case By Tom Gordon News staff writer in the case and all other parties formally agreed to drop any appeals This step means the case should move largely out of the courtroom and toward the efforts of universities and related institutions to carry out reforms that UJ5 District Judge Harold Murphy ordered in the case in 1991 and 1995 parties have decided to play this thing out in an arena other than the said Birmingham attorney Robert Hunter who represented James in the case is they abama president Roger Sayers was an end that was devoutly desired and we can get on with the business of responding to the remedial portions of the decree and doing what is good for this university and the people of this On Nov 27 James had filed notice that he would appeal Murphy's August ruling James said following the ruling's directives would cost the state too much money the ruling had some unnecessary requirements and that Alabamians can now attend have decided to work within the terms of the remedial decree to bring this thing to a continuing but it's (about) implementation and not in arguing about what we ought to be doing any said another attorney long active in the case which began during James' first gubernatorial term in 1981 are truly relieved that said Culpepper Clark an executive assistant to University of Al whatever public university they chose Auburn University ami Alabama AIM University subsequently filed their own appeals Hunter said James' move helped bring on Friday's agreement the first time the governor was in a position of controlling the litigation as opposed to reacting to what others were doing in the litigation" Hunter said being the one to appeal he was the one that framed the issues and so using the See James Page 2A An agreement reached Friday means Alabama's higher education desegregation case ii heading toward the endgame after a 15-year run that included three trials brought significant changes in state universities and cost millions in legal feet Gov Fob James who had said he would challenge the ruling Gov James continue tight lasting impression Magistrate: FBI used threats to get confession 103-year-old legend sought to help blacks find success By Peggy Sanford News staff writer By John Archibald News staff writer only substantial evidence linking the defendant to that robbery is his constitutknally-suspect con- fession" Putnam said Agents used the confession to obtain search warrants that turned up other evidence His order finds probable cause to support the FBI bank robbery charges however because court has no choice but to find probable cause on the basis of the defendant's confession regardless of how illegally and distastefully wu obtained Prospect of rape According to order Evans threatened Glasgow with under circumstances in which he would be subjected to homosexual rape and violence in order to get the man to make a statement after he had twice declined Putnam went beyond Glasgow's case and suggested in his order that lying might be the rule not the exception in testimony from See FBI Pclge 2A A federal magistrate has blasted a Birmingham FBI supervisor for coercing a confession from a Birmingham man arrested in connection with two January bank robberies in Shelby County In a blistering order entered Friday UJS Magistrate Judge Michael Putnam uid can excuse the threats and coercion used by Special Agent (Frank) Evans to overcome the defendant's expressed unwillingness to waive his Fifth Amendment privilege against selfincrimination Putnam's order drew from evidence presented in a Thursday preliminary hearing for Franklin Brent Glasgow who wu arrested Tuesday and charged in FBI complaints with the Jan 12 armed robbery of the Meadowbrook branch -of AmSouth Bank and the Jan 1 robbery of the Meadowbrook branch of Colonial Bank NEWS STAFF PHOTOHAL YEAGER AG Gaston answers questions in the gym of the AG Gaston Boys Club in 1 985 Shrewd businessman remained down-to-earth Arthur Gaston Sr had edged past middle age by the early 1950s and along the way to amassing a legendary fortune he had acquired a taste for Chinese food But finding Oriental food in Birmingham wasn't easy in those days If you were white you went to Joy Young's If you were black like Gaston you had to make other arrangements loved Chinese remembered Deenie Drew a longtime friend of Gaston and the wife of hia late business associate John Drew he'd drive up the alley behind Joy Young'i and go to the back door to pick up the food could have bought Joy Young's 50 times she said he couldn't go That was the life Gaston knew for the better part of his 103 years It was the system he worked to change from within Gaston the Demopolis-born grandson of slaves who built his financial empire by providing blacks the basic services they had been denied by white businesses died about 2 am Friday at Medical Center East Gaston entered the hospital several days ago after suffering a stroke Though he had been unable to speak since he continued to communicate with family mem-boa by squeezing their hands said Raymond Johnson an assistant US attorney who is married to Gaston's niece Tamara Johnson Johnson said he spoke to Gaston this week in hia hospital bed telling the older man that Tamara an assistant Jefferson County district attorney is being considered for a judgeship couldn't respond but he See Gaston Page 6A By Patricia Dedrick News staff writer Arctic air brings degrees of misery Black ribbons on the doors of Citizens Federal Savings Bank on 18th Street in Birmingham mark the death Friday of the bank's founder AG Gaston Gaston's mind remained sharp until hia death early Friday marveled at how he still had a good mind at that said Bennie Burton Gaston's personal assistant of the past 10 years day he had hia stroke he was getting ready to go into the office and do hia quarterly Some remember shrewdness But others remember the kind-hearted man who fished went to church and visited his wife in the nursing home even though she had disease and didn't know who he was wu an ordinary down-to-earth person who had a true belief in Burton said his true love wu the boys and girls dub That wu his heart He believed youth crime could be fought by keeping kids off the streets" Inside Winter returns to Alabama PlglSB AG wife Minnie used to blend a concoction of raw eggs raw vegetables and fruits' and Gaston would drink it every morning for years Then he ate grilled steaks nearly every night wu probably the most disciplined person I knew in terms of taking care of himself He ate healthy got his rest and followed the said hia niece Tamara Harris Johnson know for a fact that he celebrated hia 89th birthday six years in a row He was much older than Mrs Johnson laid Friday Gaston want his real age revealed perhaps because he want it to Interfere with his business she said The storm that dusted Noth Alabama with snow Friday barrelled into the East which wu already trying to deal with floods caused by the melting remnants of the blizzard The blast of arctic air sent temperatures plummeting much as 60 degrees in the Midwest and wind chills hit the single digits in Alabama Snow and icy roads forced Marshall County schools to close An entire town in West Virginia was evacuated after the Greenbrier River jumped its banks and poured Inside Gaston and the civil rights struggle Page 6A more than 3 feet of water into downtown businesses There wu flooding elsewhere in the state and in Virginia Maryland Ohio Pennsylvania and New York Wind gusting to 61 mph closed New York City's Verrazano and Things Neck bridges to motorcycles and trucks Battered by shutdowns GOP plans budget fight round 2 By Alan From Associated Press writer House leaders scheduled a leadership meeting fin- Monday and a gathering of Houu GOP lawmakers for Tuesday to decide what to da Their thinking is also likely to be shaped in part by State of the Union address Tuesday evening which if confrontational could presage a battle over See Budget Page 2A With temporary spending authority for scorea of agencies and programs expiring next Friday night GOP leaden hope to said President Clinton a bill next week keeping civil servants at wot and the government open But so far they have not figured out how to simultaneously satisfy moderate Republicans in the Senate deficit-slashing conservatives in the House and a president who uid Rep Robert Walker of Pennsylvania a member of the GOP leadership who wants to eliminate programs Republican consider unnecessary that war wont have one-sided casualties They'll find we are not gong to passively sit by and allow liberal programs to With most lawmakers due to return to the Capitol from a winter recess next week stands ready to defend hia own budget priorities Although many lawmakers seem willing to put off a confrontation with the White House for now they are not willing to do so for very long especially with budget talks stalemated think the administration hu decided it wanta war with us a war right through the WASHINGTON Battered by the first two federal shutdowns congressional Republicans uy they want to avoid another one next weekend but concede they are divided over how to do it I She iinnmfthamKeuH Birmingham Post-Herald Saturday Weather Index Business C12 Comics C4 Classified El Crossword C4 Editorials C2 Horoscopes C4 Lotteries Cl Religion C5 Stocks C6 Sports Flnebaum: Who Is the next Bear Apparent at Alabama? 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