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'.(I-! f < "Planning by aft established authority precludes planning on t of individuals." (he part — Ludwig von Mises (The Pampa iaily NLHUG Serving The Top 0' Tens II Years WEATHER Chance of afternoon and nighttime thunderstorms, otherwise partly cloudy through Friday. High in low 90s, low in mid-40s. 90 per cent chance of rain tonight, 29 per cent Friday. Yesterday's high, 90. Today's low, 69. VOL.II~NO.72 Circulation Certified by ABC AMdit THE PAMPA DAILY NEWS THURSDAY, JUNE 21,1972 (II Pages Today) High Court Against Death Penalty ^"^_ _ ... ... . ..« - ... L ,, .. _^_ _ ... L . i-,«...i. ... rfMih.nan.iiti nrnroHnroa Th» door oocn for legislatures to re- 0. Douglas, William J. Brennan WASHINGTON <AP) - The Supreme Court held 5 to 4 today that the death penalty, as it to now used in the United States, violates the Constitution and cannot be imposed. The nine justices divided so sharply that they Issued 11 opintona white reversing specifically two death sentences in Georgia and a third in Texas. The somewhat ambiguous pi leup of views evidently leaves the door slightly open for legislatures to reinstate capital punishment in special circumstances. The five-man majority comprised Justices William 0. Douglas, William J. Brennan Jr., Thurgood Marshall and, with some reservations, Potter Stewart and Byron R. White. The four Nixon administration appointees stood as a bloc in favor of the death penalty. Chief Justice Burger stressed in his dissent that the court, while setting aside the death penalty, also gave state legislatures "the opportunity and indeed unavoidable responsibility to make a thorough re-eval uation of the entire subject of capital punishment." The other dissenters were Justices Harry A. Blackmun, Lewis F. Powell Jr., and William H. Rehnquist. The decision evidently serves to maintain a moratorium on executions in the United States. There are now 800 death-row inmates in 31 states. The central question before the court was whether capital punishment violates the Eighth Amendment's prohibition against "cruel and unusual punishments." Three of the justices, Douglas, Brennan and Marshall, concluded that the amendment outlaws the death penalty. Stewart generally | agreed with them but said the situation might be different if a state legislature determined that forcible rape and murder could be deterred only with the death penalty upon everyone who commits those crimes. White, meanwhile, said the death penalty is imposed so infrequently it is very doubtful that it meets "any existing general need for retribution." Set aside by the decision were: 1. The murder conviction of William H. Furman, a Georgia Negro convicted of slaying William J. Micke Jr. of Savanna in 1968 whije burglarizing the Micke home. 2. The rape conviction of Lucious Jackson Jr., a 21-year- old Negro, convicted in 1968 of the non-fatal assault on a white IS THAT HER?-The wonder of a child is touched by many happenings in his life. And one of the best is to see a little baby brother or sister come home to share the varied activities of a family. Scott, 3, welcomes his seven-day-old sister. Misty Michelle, with a kiss in the hospital lobby just before she leaves for home. Watching the display of sibling affection are the parents, Mr. and Mrs. Oren Roach, 1041 Prairie Drive. (Staff Photo by John Ebling) Fruit, Eggs, Vegetables, Seafood Prices Frozen WASHINGTON (API-President Nixon brought fresh fruits, eggs, vegetables and seafood under price controls for the first time today, but only after the first sale has been made by the farmer. Nixon signed an executive order removing the current exemption on raw agricultural products from price controls after the first sale—meaning that it will apply primarily at the wholesale and retail level. The action will have virtually no impact on the selling cost of meat to consumers. Processed meat such as beef and pork have been under controls since the inception of Nixon's price controls last November. For the first time, however, products such as fresh vegetables, fresh fish that has undergone some processing, and other raw products at whole- sale and retail will be subject to Price Commission rules. These rules limit businesses' profit margins and require stores to justify all price increases through increased costs. Donald Rumsfeld, director of the Cost of' Living Council told newsmen that Nixon's action "cannot drive food prices down—only increased supply or reduced demand could do that But he said the decision is designed to put discipline on price markups and margins at each step of the food processing chain. Rumsfeld said Nixon's action probably will not be greeted with much enthusiasm at the wholesale and retail level. Nixon announced last week he is lifting meat import quotas for the remainder of the year in an effort to slow the rise in beef and pork prices. But the President has been reluctant to tighten the control program to make it apply to the farm level. Some of the products that will be affected include: eggs in the shell, all fresh vegetables; all fresh or naturally dried foods; and all raw seafood products, including those which have been shelled, scaled, skinned iced, eviscerated or decapitated. Rumsfeld said the price of food is basically determined by supply and demand, but he added that bringing these items under controls for the first time may have some impact on slowing prices. He said the Price Commission is in the process of deciding how and when new regulation will be put into effect. He indicated it is expected to be soon. South Vietnam's Offensive Meets With Light Resistance SAIGON (AP) - U.S. helicopters landed more than 1,000 South Vietnamese marines on the seacoast of Quang Tri Province today as 20,000 other Saigon troops pushed north toward the enemy-held provincial capital, Quang Tri City. The South Vietnamese counteroffensive was reported meeting light to moderate resistance in its second day from North Vietnamese forces who have held South Vietnam's northernmost province since May 1. The heavier going was in rolling terrain west of Highway 1, military sources told Associated Press correspondent Michael Putzel. "They're doing very well; keep your fingers crossed," •aid Maj. Gen. Howard Cook- •ey, senior U.S. military adviser in the region. Marines and armored forces advancing up the coast from the My Chanh River reported killing 70 North Vietnamese Wednesday, and military sources said paratroopers west of Highway 1 had killed a Four South Vietnamese paratroopers were reported killed and 13 were reported wounded. Far to the south, on the bat- Uefront north of Saigon, the South Vietnamese command reported 61 enemy and 14 government troops killed about three miles south of An Loc. The command said the enemy forces fired 150 artillery and mortar rounds to back a ground attack on South Vietnamese units trying to open the highway to An Loc. In the air campaign against North Vietnam, U.S. fighter- bombers concentrated Wednesday on supply and antiaircraft positions in the Panhandle above the demilitarized zone, but Navy pilots attacked the Kep airfield 30 miles northeast of Hanoi. The Command said 240 strikes were flown. Plant Found In Compliance With Ordinance Regulations Representatives of the Texas Water Quality Board and the Texas Air Pollution Board found "everything in compliance" after conducting a check of the Western Beef Packing Co. yesterday. The board representatives made the check of the plant to determine progress of a water pretreatment plan to comply with Pampa's industrial waste ordinance. Howard Lewis, plant manager, said the representatives found the plant to be operating' in compliance with the ordinance regulations. Prior to the visit of the pollution officials, various residents of the city had made complaints about a nauseous odor in areas around the plant. Lewis said the plant had "worked around the clock" to correct the malfunction of the barometric rendering system. He said the malfunction had been corrected and a dual barometric system had been isntalled to help eliminate the odor. The pollution officials made ito statements about the odor, Lewis tdded. Western Beef has taken all steps necessary to remedy waste discharge and odor problems to comply with the enforcement of the city's industrial waste ordinance. woman in Chatham county. 3. The rape conviction of Elmer Branch, 19, for the nonfatal assault in 196? on an elderly white woman in Vernon, Texas. There hasn't been an execution in the United States in five years. A ruling upholding the death penalty would not necessarily lead to mass electrocutions and hangings. But it would wipe out the most consistent argument against capital punishment—that it is too cruel to be constitutional. The three cases involve William H. Furman, convicted of murdering a Savannah, Ga., man during a household burglary; Lucious Jackson Jr., convicted of rape also in Chatham County, Ga., and Elmer Branch, convicted of rape in Wilbarger, County, Tex. Both rape victims are white. All three inmates whose appeals are before the court are black. The death penalty is legal in 39 states and the District of Columbia, but eight of these have no prisoners condemned to execution. Of the 600, all but two are men. The women under death sentences are Marie Dean Arrington of Florida and Marylin Dobrolenski of Pennsylvania. Of the 600, a total of 517 were convicted of murder, 79 of rape and four of armed robbery. There are 329 blacks, 257 whites and 14 of other racial and ethnic backgrounds. A year ago the court rejected, 6 to 3 challenges to death-penalty procedures. The ruling said that leaving to the jury's discretion the power to decide between life and death in capital cases does not violate the Constitution. Secondly, the court held then, the Constitution does not require separating the penalty phase of capital trials from the body of the trial. While the decision leaves the door open for legislatures to reinstate capital punishment in some circumstances, one of the nine opinions issued by the court said the immediate result is to remove the death sentences from the 600 condemned inmates across the land. All nine justices filed statements of their views. In the majority were Justices William ). Douglas,' Jr., Thurgood Marshall, and with some reservations, Potter Stewart and Byron R. White, Dissenting were the four Nixon administration appointees, Chief Justice Warren E. Burger, and Justices Harry A. Blackmun, Lewis F. Powell Jr., and William H. Rehnquist. Skyjacker Arrested At Home By FBI Candidates Awaiting Delegation Challenge WASHINGTON (AP) George McGovern's hope for a first-ballot presidential nomination lay precariously in the hands of the Democratic Credentials Committee today, as the panel neared a decision over the challenge to his 271 delegates from California. Despite furious lobbying throughout the night and morning, McGovern strategists conceded the vote, expected about noon, could be "very, very close." A spokesman for Sen. Hubert H. Humphrey, one of four contenders attempting to slash McGovern's California strength by more than half, agreed the battle was nip and tuck. Also on the agenda of the ISO- DETROIT (AP) - A 28- yearold unemployed man was arrested at his home and charged as the airliner hijacker who got $502,500 ransom and parachuted over Indiana last weekend, the FBI announced today. Martin J. McNally, 28, of suburban Wyandotte was charged with violation of the federal air piracy statute, said Neil J. Welsh, special agent in charge of the Michigan FBI. McNally was arrested shortly before midnight Wednesday and was held by the FBI in Detroit pending arraignment today. A spokesman said an FBI complaint would be filed today at St. Louis. A hijacker took over the American Airlines Boeing 727 shortly after it left St. Louis Friday night en route to Tulsa, Okla. with 94 persons on board. He forced a landing at St. Louis where airline officials said the man armed with a submachine gun was given $502,500 and two parachutes. He released most of the plane's passengers and changed planes after a car raced onto the runway and smashed into the first airliner. The hijacker forced the plane with six hostages to fly toward Toronto and he bailed out over north central Indiana. An American Airlines bag containing $500,000 was found in a farmer's field Monday and a submachine gun was found about five miles away. Law enforcement officers speculated the hijacker was injured in the jump since airline Jury Finds member committee were delegate disputes from Hawaii, Missouri and Tennessee, each a matter of considerable . controversy despite the spotlight attention given California. T 1 _,. .-, Hawaii, for example, was tar- I .f|P Jl I I All III geted for a McGovern blitz de- U W/CM. J. UU l/ll signed to increase representation of women, who now occupy four of the state's convention seats. Humphrey has said the challenge is vital to party unity. Invoking the memory of 1968, he commented to panel members that "I above all other men, know the dangers that a presidential candidate faces if he is charged with being a candidate of an unrepresentative con- ention." Odessa Workers To Be Here For Construction Approximately 200 workers employed by McVean and Barlow Construction Co. of Odessa will move into Pampa next week to establish headquarters for construction of loop gas lines for the Natural Gas Pipe Line Co. of America. The project will consist of 37 miles of 36-inch gas pipeline with a loop east of Fritch and another loop line east of Pampa to the Wheeler County gas field. R.W. Mcltee! in Pampa this week making arrangements for housing the workers, said the construction period would run anywhere from two to three months. Sleeping rooms and small apartments will be needed for members of the work crew. Persons having available rentals are asked to contact the company's local office which will have a phone immediately after July 4. This information also can be registered now with the Chamber of Commerce by calling 660-3241. The project superintendent will be Paul Jones of Odessa and the field superintendent in charge of construction will be R.W. McKee. McKee said most of the labor force will be brought in from outside the city, although a few local jobs may be available. Officials of the Pampa Industrial Foundation are Inside Today's, NeWS Pagei Abby ........................ • Clawiflcd ................... 1$ C«mici ..................... It Crossword .................. !• Editorial .................... II Sptrti WomcB'iNcwi H assisting the Odessa firm in making advance arrangements, according to Fred Neslage, PIF president. McKee met with Foundation officials at a meeting in the Chamber of Commerce offices yesterday and discussed arrangements for the pipeline construction job. PIF Board Holds Meet Directors of the Pampa Industrial Foundation met yesterday and heard reports on several industrial prospects the Foundation is now considering. "It is hoped something good will come from these negotiations that can be announced at a later date," said Fred Neslage, PIF president. The board heard a report from Dale Greenhouse, regional manager of Marie Foundations, who said his company had need for approximately 200 employes at its Pampa and McLean plants. He stated further the Pampa plant would be able to grow in proportion to the number of employes that could be made available. Greenhouse expressed the company's appreciation for what had been done by the Industrial Foundation to assist in securing additional employes. A special committee was appointed by Neslage to set up a plan for industrial plant visitations in Pampa within the coming months. The board subscribes to the theory that existing plant expansion is as important as new industry where the same number of jobs apply, according to Neslage. officials said he demanded and was given instruction on how to operate the parachutes. An FBI agent at St. Louis said McNally told agents in Detroit that the parachute opened correctly but that he dropped the bag with the money as he left the plane. The FBI said extensive investigation by agents in Missouri, Indiana, Illinois and Michigan developed information that led to McNally. President Will Meet Press Tonight On TV 'Not Guilty' The trial of Freddy Wilbon, 17, on a charge of assault and battery, ended in a "not guilty" verdict Wednesday afternoon in Judge Don Lane's Municipal Court. The jury was out four minutes. In that time they elected a foreman and arrived at their verdict. The trial grew out of an incident in the final quarter cf a hotly-contested high school basketball game between Pampa andTascosa of Amarillo last Feb. 11. Immediately following the referee's whistle noting a foul by Durrett against Wilbon, Durrett was knocked unconscious by the Pampa player. He was treated at Highland General Hospital and later released. His father filed the assault charge. Testimony in the case involved seven witnesses and covered two hours. Jean Martindale, prosecuting attorney, tried to hold testimony to the letter of the law on assault and battery. David Holt, attorney for Wilbon, applied a portion of the same statute (dealing with self-defense) that Martindale read defining assault and battery. Delmar Durrett, father of the alleged victim of the assault, was the first of seven witnesses that included his son and the defendant. The altercation apparently grew out of a shoving incident. Testimony revealed young Durrett had four fouls called against him in only six minutes of play. Local Rotary Club To Hold Banquet Pampa Rotary Club will hold its annual installation banquet at 7 p.m. today at the Coronado Inn. Paul Payne will be installed as the new president. New directors are Otis Nace, Jack Reeve, Rex McAnelly, Bob Curry, George McCarroll and Chuck Zlomke. Milo Carlson will be retiring as president. A program of musical selections will be presented by the Banknotes, a singing group from Booker. THURMONT, Md. (AP) After clearing his desk of two key Vietnam decisions, President Nixon is at his mountaintop Camp David retreat, roughing out answers to questions he faces tonight in his first live television news conference in 13 months. Before the President flew to his Catoctin Mountain compound by helicopter Wednesday afternoon with his wife, he announced his decision to continue at a slower rate the U.S. troop withdrawal from Vietnam and he named a new commander for U.S. operations in the war zone. The White House said Nixon has decided another 10,000 U.S. troops will be withdrawn by Sept. 1, bringing the American troop level in South Vietnam to 39,000. Nixon also disclosed he was elevating Gen. Frederick C. Weyand to command U.S. operations in Vietnam, succeeding Gen. Creighton Abrams who was appointed Army chief of staff last week. Weyand has been deputy commander under Abrams for the past 18 months. The new Vietnam deputy commander will be Air Force Gen. John W. Vogt, who also will continue to head the 7th Air Force in Indochina. The selection of Vogt as deputy commander was part of Nixon's unification of Army and Air Force commands in Vietnam—a consolidation which follows the disclosure of bombing strikes on unauthorized North Vietnamese targets ordered by a since- demoted 7th Air Force commander, Gen. John Lavelle. Before Nixon left for Camp David, his staff had prepared a set of questions—and background material for presidential answers—expected to come up when the chief executive meets newsmen at 9 p.m. in the White House East Room. The news conference, to be broadcast live by the major television and radio networks, is the first session with such a format since June 1,1971. City Reports Sales Tax RevenueRise Pampa's sales tax revenue for the first quarter of 1972 was up about 8'-2 per cent over the same quarter of 1971. This was revealed today as Pampa received its check for the quarter ending March 31 in the sum of 186,222.73. Receipts for the comparable quarter last year totaled $74,086.53. The 1972 gain amounts to $12,136.20. The check received by City Secretary S.M. Chittenden represents the city's share of the 5 per cent sales tax paid by consumers. Pampa has had a one-cent sales tax in effect since January, 1970. The other 4 cents goes into the state treasury. Chittenden said the sales tax pays about 33 per cent of the city's general operating expenses and property taxes approximately 67 per cent. The history of Pampa's sales tax collections show that first quarter receipts always are the smallest and last quarter receipts the biggest, resulting from heavy holiday purchases during the Christmas season. More Showers Forecast For Area By Evening No damages were A thunderstorm raced through Pampa about 7 a.m. today with high winds bringing rain and gray clouds to hover over the city. Other thunderstorms menaced parts of West and North Texas during the night and early morning, while a heatwave still kept hold on most of the state. Overcast skies and rain kept the temperature around 70 in Pampa this forenoon. By 11 a.m. about .20 inch of rain was recorded. Showers were expected to continue into the afternoon, with thundershowers forecast for the evening. Some of the more severe thunderstorms last night were packed with hail and turned loose rain at rates up to two inches per hour, Weather Bureau observers reported. Hail up to the size of golf balls pounded areas around Lubbock and Abilene. Tornado funnels were reported in an area north of San Angelo and near Twin Mountains, noted. By morning most of the thunderstorms were concentrated near Amarillo and Memphis in the Panhandle and from West Texas into North Texas. Towns reported thunderstorms and showers included Midland, San Angelo, Brownwood, Abilene, Vernon, Wichita Falls, Mineral Wells, Breckenridge, Denton, Gainesville, Denison and Paris. Skies were mostly cloudy in the Lower Rio Grande Valley and Southwest Texas, but fair in other sections. The sterms broke out at the end of a day which saw temperatures reach above 100 degrees once more at a number of places, going as high as 105 at Wichita Falls and Wink. Forecasts held out a prospect for still more showers and thunderstorms by evening in western and northern portions of the state, according to the Associated Press. It was expected to be clear tu partly cloudy elsewhere, with steamy heat lingering everywhere.