Anderson Has Plan Garden City Telegram For House Seating Volume 35 GARDEN CITY, KANSAS, 67846, MONDAY, FEBRUARY 17, (964 TOPEKA (AP) _ Gov. John Anderson recommended today the legislature keep the membership of the House at 125 and reapportion the 20 "extra" seats in line with a state Supreme Court decision. Anderson's recommendation was contained in a message prepared for delivery to a special session. The special session, only the second hi a quarter of a century, was to convene at noon. Anderson was scheduled to deliver his message to a joint session at 1:30 p. m. Anderson's recommendation came in the face of a strong move by a group of House members to cut the number of House seats back to 105, one per county. The Kansas Constitution requires one representative per county and limit* the membership to 125. "Lamentable as it may be, garden— ing... with Hi« editor For a day that was supposed to be cloudy with rain and snow, this certainly is the opposite. We knew last night's forecast was not to be taken seriously— the "signs" weren't calling for moisture. But beware during the later part of this week, says the Allman "Almanac". And we checked another almanac which cam« in the mail recently and discovered Uiat the weather for Saturday, which is Washington's Birthday, calls for a cold wave through the Midwest with a storm area in the Texas and Oklahoma panhandles and getting into Southwest Kansas. And for that day, we cannot tell a lie. * * * No, we did't hear the "Beatles" last night either. We had just settled down in the family "library" (the one with the plumbing) when a telephone call came. Our wife delivered the message that one of the town's music lovers wanted us to know that the "Beatles" were on television and if we hurried to the set we could see them. We didn't make it in time. We did, however; see them on the film that Jack Paar made while in London, so you can't say we haven't lived. » * * Community Concert members have a chance to see and hear a promising yourg piano team at Clifford Hope Auditorium tonight. Howard and Patricia Barr will present the season's third concert, starting at 8:15 p.m. Members also can renew memberships for next year before, during intermission and after tonight's concert. Headliners next year are Fred Waring and his Penn- •ylvanians, and Rise' Stevens. You don't have to go to New York for top entertainment. Wichita Mon to Be Treoturtr Candidate WICHITA (AP)-WV. A. Lindsey, a Wichita businessman, said today he will be a candidate for state treasurer in the Republican primary. He said there is a need for more business people in state government in Kansas. The Weofher Partly cloudy tonight end Tuesday. No Important temperature changes. Highs Tuesday In middle or upper 40s. Lewi tonight around 25. Southerly winds 10 to IS mph tonight. Sunrise 7:31 M»x. Dodge City 43 Emporl* _ -in GARDEN CITY ..... .'8 Goociland _ 40 Hill City 38 Russell .— _ 43 Wichita ..- 45 the fact remains and the statistics reflect that we are now a people becoming more and more concentrated in the met- ropolitian and urban areas," Anderson said. The interests of rural Kansans and the problems of rural Kansas must and will be represented in this legislative body. "But so must the populous centers and those who live in them be represented." Anderson noted that with 105 counties there is still authorized a 125-member House. "Through the years the 'extra' seats have been alloted to the more populous counties," governor said. "So we see that historically we have always given some consideration in the membership of the House to those counties with the larger populations." Anderson said that behind the problem of today looms the spectre of federal court intervention. * * * He noted the Supreme Court has not written the final, definitive chapter. It remains to be seen, Anderson said, whether both houses of the legislature must be based on population. The governor added: "I feel it would be sound for us to so apportion, in accordance with our own constitution, yet encompassing those elements, other than population, which have been allowed consideration by the courts heretofore, such as our historical precedence, economic areas, and aaccesslbilities of the people to their elected representatives. "Therefore, I do not hesitate to recommend that you utilize the full House membership presently authorized by our constitution, taking these factors into consideration. "I sincerely believe this course of a c lion is in the interest of the state and I cannot too strongly urge it upon you." * * * Representation Ru ing Is Given 7e A Copy 10 Psqtf No. WASHINGTON (AP) — The Supreme Court ruled today the Constitution requires "equal representation for equal numbers of people" as a fundamental goal for the U.S. House of Representatives. The decision was handed Sunset 6:24 Miu. Free. L'o S3 26 15 25 J-6 2-Car Crash Injures Three A Garden City visitor was injured early Saturday afternoon in a 2-car crash at the 8th and Jones intersection. In St. Catherine Hospital is Mrs. Lyle W. Sturtevant, Dardanella, Ark., who suffered a broken right anke. She was a passenger in a car driven by her husband, who suffered a facial cut and bruises but wasn't hospitalized. Sturtevant had made a left turn on to Jones from 8th, and collided with an eastbound car driven by Ivan Max Crist, to, 52o N, 10th. Crist also received minor injuries but wasn't hospitalized. Investigating officers said the Crist car had cut over to the left-hand lane in preparation to proceed east on Walnut. Crist v;as issued a summons for improper driving. Third Community Concert Tonight The third concert of the current Community Concert season comes up ^tonight at Clifford Hope Auditorium. Curtain time for Howard and Patricia Barr, a promising young piano team from Fort Worth, Tex., is 8:15 p.m. Membership renewals for the 1964-65 season will go on sale at the concert. Renewals may be made in the lobby before, during intermission and after tonight's concert. Grant County Former Stato'i Second Best ULYSSES — A 31-year-old Grant County farmer received second place honors in the Kansas' Outstanding Young Farmer contest for 1963. He is John F. Boylan. Boylan was runner up to William G. Amstein Jr., Clifton, who was named the outstanding young farmer in ceremonies last night at Kingman. The event is sponsored by state Jaycees chapters and the Mana gers Kansas Production Credit Assns. down in a Georgia congressional districting case. Justice Black, delivering the majority opinion, said federal courts have authority to look i into congressional districting. "While it may not be possible to draw congressional districts with mathematical precision," Black said, "that is no excuse for ignoring our Constitution's plain objective of making equal representation for equal numbers of people the fundamental goal for the House of Representatives." Justice Harlan, in a dissenting opinion, wrote: "I had not expected to witness the day when the Supreme Court of the United States would render a decision wlu'ch casts grave doubt on the constitutionality of the composition of the House of Representatives. "It is not an exaggeration to say that such is the effect of today's decision. The court's holding that the Constitution requires states to select representatives either by elections at large or by elections in districts composed 'as nearly as is practicable* of equal population places in jeopardy the seats of almost all the members of the present House of Representatives." Justice Clark, in • separate opinion, concurred in part with the majority and dissented in part. Clark said he agreed with the majority that congressional districting is subject to judicial scrutiny. But then he asserted the case should be sent back to the federal district court in Georgia for a hearing on the merits of contentions by persons who objected to congressional districting in that state. Justice Stewart, in a' brief separate opinion, said he joined Harlan's dissent. He expressed belief Harlan had "unanswerably demonstrated" that the Constitution "gives no mandate to this court or to any court to ordain that congressional districts within each state must be equal in population." Two Fulton County (Atlanta) citizens asked the Supreme Court to require a redrawing of Georgia congressional districts. Their appeal gave the high tribunal its first chance to deal with the congressional districting problem since its decision in 1962 in a Tennessee case. The Supreme Court then ruled that districting of state legislatures was subject to review by federal courts. The question whether federal courts have -authority to rule on congressional districting was raised in appeal papers in the Georgia case, but during arguments before the high tribunal all parties agreed they have such power. Tele(crs.m Photo IT LOOKS LIKE a complex control board at a missile-launching site — but it's the teacher's console for the new foreign language laboratory at Garden City High School. That's Spanish instructor Larry Atteberry working the controls. The new lab has proven highly successful in its first year of use. Telegram Photo SUE BEACH tunes in her headset in one of the booths at the lab. She's a junior, the daughter of Mr. and Mrs. Gar- aid Beach, 1101 E. Chestnut. First Unification Hearing Tomorrow First of Finney County's two hearings on the proposed unified school districts will be at 8 p.m. It's Tag Time For Canines Notice to dog owners — it's tag time for your canines. City Clerk Charles Peebles reminded dog owners today it's time to purciiase 1964 dog licenses. On March 1 a 50 cent penalty will be assessed, and an additional 50 cent penalty is added each month thereafter. The law requires all dogs four months or older to have tags, Peebles said. Tag price for males and spayed fearale dogs is $1, $2 for females. Dogs must have rabies shots and the owner must have an in-1 receive state approval, the pro- noculation slip with him when: po . sa i w iu be submitted to a ref- purchasing a license. : erendum on June 2. Votes will So far 200 tags have been sold' be counted separately in the rur- this year, compared to 500 during j al area and in Garden City, but tomorrow at the Holcomb High School. The hearing, called by the Finney County planning board for unification, will last until 9:30 p.m. A second hearing will be at 8 p.m. Wednesday in the Little Theater at Garden City High school, and also will last until 9:30 p.m. Both hearings have been called by the board to meet requirements of the school unification law. Both an opening and closing time were to be set. Proposed for Finney County are two unified districts — one to be known as "A West" and including apporximately the present Holcomb School District, and the other "A East" which includes the remainder of Finney County with some areas in Scott and Gray counties. After the hearings, the proposed districts will be submitted to the state superintendent of public instruction. If the districts Language Lab Highly Successful Garden City High School's language laboratory — now in its first year — it proving highly successful. The lab was installed last August and received federal support. It consists of 24 student booths (six of which have their own recorders) and a teacher console. The other 18 booths have listener- repeating stations that allow a student to hear his own voice but not Uie record. Each student ha* the opportun ity to record and hear his own voice at least once a week. Classes using the lab include Spanish I, II, III, and IV as well as French I and II and College French. Major emphasis is being placed on the student's ability to understand and speak the language. Secondary emphasis is on read ing and writing the foreign lang uage. Culture and customs of the various countries are also integrated into all phases of the language program. Students using the lab have progressed more than twice as far as students of last year who worked without a lab, instructors report. Major reason for the extra progress: taped voices of native speakers are played to students from the teacher's console. As many as three programs may be channeled to the students simultaneously, enabling each student to progress at his own rate. Labor Asks President To Intervene In Wh«of Tiff MIAMI BEACH, Fla. (AP) — Maritime union officials asked President Johnson today to intervene personally in a labor dispute over the loading of wheat for Russia to avert "an international crisis." The Martime trades department of the AFL-CIO also took a sharp verbal slap at Secretary of Commerce Luther Hodges for accusing the unions of trying to make U.S. foreign policy by threatening to boycott the wheat shipments. Earlier, top maritime union officials rejected fch8 personal plea of Asst. Secretary of T^abor James J. Rey- lolds, sent here by the President becmise of the threaten- d boycott. The unanimously adopted res- lution by the maritime trades iepartment accused Hodges nd the Department of Commerce of becoming "an agent or profit-hungry operators." The crux of the dispute is the nsistence of union officials that it least half the wheat shipped o Russia go In U.S. flag ves- els. They said the late Presi- Icht Kennedy had pledged this ljut that now federal officials were claiming not enough American fesscls ere available. Shipping in foreign flag vessels is generally cheaper. 1963. must carry in both places. No Moisture From New Front TOPEKA (AP) - A minor weather front was moving across Kansas today but it was producing only a shift in the di rection of the wind. The Weather Bureau said no precipitation is anticipated except possibly from some ligh rain in the southeast this after noon. No precipitaton was reported in the 34 hours ending at 9 a.in today. Top temperatures Sunda were from 37 at Olathe anc Lawrence to 49 at Pittsburg Lows this morning were from The unions' action threatens .0 bog down on American docks some $75 milion worth of grain .0 be shipped by the Continen- .al Grain Co. Reynolds is expected to try o soften the attitude of the AFL-CIO's maritime trades department on its threat to boy cott loading of wheat for Russia, unless at least 50 per cent of it goes aboard U.S. ships. He arrived late Sunday night and spent until 3 a.m. with maritime spokesman later that union officials. A for the Reynolds said talks did not change the unions' boycott threat butt that government officials are trying to work oul some assurances demanded by the unions. In connection with the Florida East Coast Railway strike. Secretary of Labor Willard Wirtz today asked labor and management to meet in Day tona Beach, Fla., Tuesday. Reynolds also is expected to confer with G. E. Leighty, chief negotiator for 11 unions on strike against the Florida East Coast Railway in old wage dispute a 13-month marked by dynamitings, shootings and ac cusations of sabotage. Last Friday, two blasts tore into the underside of a Florida East Coast freight train near New Smyrna Beach. Mayor William Hathoway of New Smyrna Beach asked President Johnson to use federal forces to halt violence along the line, or shut down the railroad until the strike is settled. Johnson . got involved after strikers picketed a new spur track entering Cape Kennedy Construction crews working on space facilities refused to cross the picket lines. The AFL-CIO maritime trades department is expected to formally adopt the proposa to boycott loading of Soviet wheat shipments and then ask the Executive Council for its backing. The Executive Council is made up of 29 vice presidents and other top officers of the 13.5-million-member federation. Garden Sass An optimist, Gus Garden hears, is u man who sees a light that isn't there and the pessimist is Compromise Tax Measure By Wednesday? WASHINGTON (AP) — Senate - House conferees resume work today on the tax bill with the possibility that a compromise measure may be worked out by Wednesday. This could mean the measure would be ready for Johnson's signature President by next 15 at Goociland to 36 at Russell. | the one who tries to blow it out. week, opening the way for higher paychecks for the average taxpayer by mid-March. The conferees' are trying to iron out differences between the $11.2 billion tax cut passed by the House and the $11.9 billion reduction approved in the Senate. Although the pace in committees is expected to pick up, gress generally planned another light week. The controversial civil rights bill—cornerstone with the tax cut of the Johnson administration's legislative program—was expected to arrive at the Senate's door today. The 11-part omnibus measure received 2?0130 approval from the house last week. A house banking subcommit- iee starts hearings today on President Johnson's housing bill. Robert C. Weaver, head of the Housing and Home Finance Agency, was called as the first witness. A Senate subcommittee begins work on it Wednesday. A House Labor subcommittee scheduled the start of hearings on another Johnson program—• plan to institute double time ."-for overtime in certain industries, a penalty designed to encourage employment of more workers rather than the use of overtime labor. Secretary of Labor Willard Wirt7 was the leadoff witness for this measure. Baseball and football magnates will be on hand today and Tuesday before a Snate Antitrust subcommittee which is considering a profession — al sports antitrust bill. The Senate Rules Committee continues behind closed doors its probe into the doings of Bobby Baker, former secretary of the Senate majority. On the House floor, the most important bill this week will.,be the $16.9 billion military procurement authorization bill coming up Thursday. Kansas Traffic Log TOPEKA (AP)—Kansas traf- fie death log: 48 hours to 9 a.m. Monday—5. February—21 1964—74. Comparable 1963—51. Ruby's Attorneys Move for a Verdict of Acquittal; Overruled DALLAS (AP) _ Attorneys for Jack Ruby opened his murder trial today with a motion for a directed verdict of acquittal and Judge Joe B. Brown promptly overruled it. The defense attorneys, Melvin Belli and Joe Tonahill, said they based the motion on the result of a neurological examination of Ruby conducted Jan. 28-30. Ruby is charged with murder with malice in the shooting of Lee Harvey Oswald, accused assassin of President Kennedy. Tonahill said that the examination showed "brain damage-" James Bowie, assistant district attorney, objected there was "no procedure" for this. In overruling the motion for acquittal, the judge said "that is a matter lor the jury to decide." The defense also offered two motions on ground* of double jeopardy and res judicata — that is, the question already had been adjudicated. These appaiently were based on testimony introduced in a bond hearing and in a hearing on a motion to transfer the trial to another city. J-odge Brown, asked about the double jeopardy motion, said, "I don't know. There is no provision for it in Texas law. Of course, they're basing all their motions on this psychiatric report." The defense attorneys huddled closely with Ruby, leaning over him as he sat at a table in the area reserved for attorneys. Ruby, wearing • dark suit with a brown shirt, looked pale and his expression was grave. The historic trial began formally at 9:04 a.m. (CST). The courtroom was completely filled. A panel of 900 jury candidates — nearly double th« nor- mal number—was called in order to qualify 12 as unprejudiced. Ruby, 52, a nightclub operator, shot Oswald Nov. 24, two days after the President was killed in Dallas and Oswald was charged with murdering him. There was an exchange between Belli and Judge Bro\. i over the fact thai spectators are being searched for weapons and thai such a procedure might come to the attention of prospective jurors. Belli declared: "An excess of proleclion or over - jealous protection will make prospective jurors more aware of the atomosphere uu Pallas." "Mr. Belli," Judge Brown replied, "the prospective jurors will never know it." Everyone entering was searched by a deputy sheriff Both the judge and Belli received a number of telegrams and letters before the proceed- ings started. A telegram to Brown called Ruby's shooting of Oswald a "cold-blooded murder." The defense motion for acquittal was based on Ihe results of a psychiatric examination of Jiuby, ordered by the stale, and conducted by three psychiatrists The neurological evidence contained in the report was locked up in the custody of the court. There have been conflicting reports about the contents. One was that the report showed no brain damage, the other that it- did disclose organic brain damage. The trial is starting in a courtroom directly across the street from the building .vhere the assassin lurked and Ihen fired at Kennedy. Defense lawyers indicate that they will try to go into the circumstances of the President's murder, as an integral part of the case for Ruby. But Henry M. Wade, Dallas County district attorney, says Oswald's guilt or innocence is immaterial in Ruby's trial. The key phrase in the indict- menl of Ruby charges he "...did then and there with malice aforethought kill Lee Harvey Oswald by shooting him with a gun." This is equivalent to a charge of murder in the first degree in other states. It carries a maximum penalty of execution in the electric chair. The minimum is two years in prison. Wade says he will demand the death penalty for Ruby. Out of 25 murder trials, Wade has obtained 24 convictions. Ruby's trial, it appears now, will devlop into a battle of psychiatrists. His defense will pivot on a claim of temporary insanity, the assertion that he became unhinged with grief by the death of the President. His chief defense counsel, Melvin Mouron Belli, of San Francisco in an informal talk with reporters Sunday night spoke of "psychomotor epilepsy", "psychic shock" and "trauma." He pictured Ruby as a victim of psychomotor epilepsy, subject to blackouts, which could be touched off by rage, shock, or a powerful emotion. H« said he did not know whether he would put Ruby on the witness stand, but he said: "If he's on the stand a long time, you'll see a definite dis- function. This guy, if you keep him there, on the stand or in jail much longer you won't have to take him any place to show he's wacky." The state contends Ruby was completely sane when he shot Oswald. Homicide Police Capt. Will Fritz and officer James R. Lea veil — who was handcuffed to Oswald when Ruby shot him —have testified that Ruby looked calm at that moment. Ruby shot Oswald at close 1 range with a snub-nosed, 38-caliber pistol Nov. 24. Two unusual elements hang darkly over this case. One is the speculation that Kennedy's death was the result of a monstrous conspiracy, and that Ruby killed Oswald to "keep him from talking." No evidence has appeared to support this. On the contrary, in a series of ghost-written articles under Ruby's name, the accused man said; "No one knew I was going to shoot Oswald—not even me. No one helped me or gave me access. I didn't do it intentional' ly. 1 didn't even know I had done it." The other is Belli's contention that Dallas is so saturated with prejudice and feelings of guilt that Ruby cannot get a fair trial here. He says people in Dallas want a "sacrifice" to purge the name of the city.
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