The Decatur Daily Review from Decatur, Illinois • Page 1

DECATUR DAILY REVIEW VOL. 86 NO. 130 DECATUR, ILLINOIS, JUNE 3, 1963 22 PAGES 2 SECTIONS 7 CENTS High Court Rules Tennessee School Transfer Plan Invalid; Shifts Made on Racial Basis Wallace Case Decision Due Wednesday Birmingham, June 3 (AP) Federal Dist. Judge Seybourn H. Court Rules Agency Shop Not Illegal Washington, June 3 (AP) The Supreme Court ruled today the Taft-Hartley law does not ban agency shop agreements, but in a separate decision upheld Florida's prohibition of agency shop contracts.

Both decisions were 8-0. Justice Goldberg, a former secretary of labor, did not take part. Under agency shop agreements, non-union members must pay to unions the equivalent of fees and dues paid by members. Many unions have pressed for such agreements in states which have so-called right-to-work laws, forbidding a requirement for union membership as a condition of employment. The two cases in the Supreme Court's decision today were: 1.

A case from Indiana in which the United Auto Workers was seeking from General Motors Corp. an agency shop agreement for workers in Indiana. Indiana has a form of right-to-work law, but state courts ruled the state statute did not forbid the agency shop. General Motors contended it was barred under the national labor law, the Taft-Hartley Act. The Supreme Court said it is not.

2. A case from Florida involving Local 1625 of the AFL-CIO Retail Clerks. The local had an agreement with Food Fair, stores at Miami, but a group of nonunion employes balked at paying fees to the union. Florida's Supreme Court decided such an agency shop arrangement Lynne withheld today an immediate ruling on the Justice Department's, request for an injunction Knoxville Board Loses To Negroes Washington, June 3 (AP) The Supreme Court struck down today two public school transfer plans in Tennessee that allow pupils to switch out of schools where their race is in the. The plans, used in Knoxville and Davidson counties, were challenged by counsel for Negro students as efforts to perpetuate racial segregation in public education, Nashville, the Tennessee state capital, is in Davidson County but the city and county have separate school systems.

Knoxville is in Knox County. Justice Clark delivered the unanimous decision. Attorneys for Negro students barring Gov. George Wallace from interfering with enrollment of Negroes at the University of Alabama next Monday. "I expect to prepare a written memorandum," Lynne said after a hearing on the Justice Depart ment's petition.

"I hope to have the memorandum not later than 9 a.m. Wednesday." Lynne went into a conference in chambers- with the battery of federal and state attorneys imme Associated Press Wirephoto in Albany, N. Y. Gov. and new Mrs.

Nelson A. Rockefeller arrive diately after the hearing which said the transfer plans as a practical matter restrict Negroes to Wallace did not attend. The hearing opened With testimony from two witnesses called by the Justice Department in its effort to keep the fiery segrega India Crash Kills of I Family of 5 New Delhi, India, June 3 (AB) all-Negro schools while permitting white children in a largely Negro-area to transfer to other schools solely on the basis of race. tionist governor away from the Rocky Begins Own Test of Popularity By Jack Bell Of the Associated Press Washington, June 3 New York Gov. Nelson A.

Rockefeller returns to public af was illegal under the state's right- But counsel for the Knoxville university next Attorneys for the governor offered no witnesses, relying on arguments to the judge. to-work law. The Florida court re and Davidson countv school Modern Dental Device Causes Airport Scare Miami, June 3 (AP) For 15 jittery minutes a red overnight bag sat vibrating and buzzing softly in a roped-off area cn a Pan American Airways ramp. Then the bag's owners. Mrs.

R. Furgeson of Fort Lauderdale, joined firemen, police and FBI agents who had rushed to the scene Saturday. The Furgesons opened the bag, shut.off a battery-powered electric toothbrush in it and ended the bomb scare. boards argued before the high jected union arguments that Taft-Hartley deprived state courts of An Indian Airlines plane today killing all 29 persons court that there was no evidence the plans are an evasive scheme The testimony from the Justice Department witnesses lasted 30 minutes and consisted mostly of authority to -bar enforcement of agency shop clauses. aboard, including a University of The Supreme Court ruled the the playing of a tape recording.

Illinois professor and his family to. continue segregation. They said school board officials were trying their hardest to solve integration problems. Walter Ray Butts, Montgomery radio newsman, testified the re Airline headquarters here said the plane, a DC3 Dakota, crashed cording was of a Wallace news Florida ban on agency shop contracts is permissible under Taft-Hartley. But at the same time the court, in an opinion by Justice White, said it was not deciding whether Florida's courts, or only the Na Clark declared for the court that 'the transfer-plans (in the Ten conference May.21 when the gov ernor said he would stand at the nessee cases) promote discrimi Pope Mn XXIII Pontiff Was 81 Pope John Dies After Long Fight university doors to block the en rollment of any Negro.

tional Labor Relations board, has The second Justice Department authority to enforce the state's witness was television newsman and burned on a flight from Am-ritsar on the north Indian plains to Srinigar, capital of the Himalayan state of Kashmir. The U. S. embassy in New Delhi said passports found in the wreckage as well as the passenger iist identified five of the passengers as the family of Associate Profes sor James Clarence Laverty of Champaign, Illinois. Laverty, 39, was an assistant ban against such contracts.

Charles Ccx of Montgomery. He White also wrote the court's identitied a written statement is opinion in the Indiana case. air. Then the Cardinal chamber- Quebec Nabs 8 Terrorists Montreal, June 3 (AP) Police seeking terrorist bomb sued by Wallace at his news con nation and are therefore invalid." "The transfer provisions here," Clark said, "cannot be deemed to be reasonably-designed to meet legitimate local problems, and therefore do not meet the requirements of Brown." By "Brown" Clark was referring to the Supreme Court's 1954 and 1955 decisions in the public school racial cases. The formal titles of the 1954 and 1955 cases were "Brown vs.

Board of Education." Iain. Benedetto Aoisi Masella, was The high court decision means only that GM must bargain on the fairs today and begins a testing period that may chart his course in the 1964 GOP presidential nomination contest. Rockefeller apparently intends to find out at first hand how New York voters are accepting his recent marriage to Margaretta Fitter Murphy, divorced mother of four, following his own divorce from his wife of 31 years. In a heavy schedule of state appearances, the governor planned to take along his attractive new wife. Ahead may be out-of-state dates at party fund-raising dinners in such widely separated points as West Virginia, Utah and Michigan Tcday, the governor and his wife attend a dinner at Albany sponsored by the Citizens' Planning Committee.

A major appearance is scheduled for Thursday, when the Rockefellers will attend the annual dinner of the State Republican Committee at the Wal ference. There were indications that, reported to have gone to the issue not that it must accept it. Pope's apartment. The National Labor Relations It would be up to him to certify professor in the agronomy depart come what may, Wallace will go through with his plan to try to keep Nearoes out of the univer Board ordered GM to bargain, but the death of the Pope. ment at Illinois.

His wife Jeanne the U. S. Circuit Court in Cincin A medical bulletin at noon (6 was 38. their three sons were sity. nati set aside the board's order.

ers of the Quebec Liberation Front have arrested eight men for questioning and seized a mass of dynamite, fuses and timing mecha a.m., CDT) said the Fcpe no long Stephen, 15, Michael, 14, and Gregory, 12. Burke Marshall, assistant U. S. er felt the agonizing pain that had scourged his body earlier. Seda attorney general in charge of the Clark said the court in reaching In December the family went to' nisms.

More arrests are expected. tives and pain killers no longer the result of the Tennessee case India where Laverty was to spend Montreal Police Director J. were necessary. His temperature! was "not unmindful of the deep- Dirksen Says Action Vital On Farm Bill two years as a soil specialist at rose. rooted problems involved." Balwant Rajput College near Agra BULLETIN Vatican City, June 3 (AP) The Vatican press office announced today Pope John XXIII is dead.

The Pope's stout heart gave up after a long and dramatic duel with death in which his resistance confounded all ical expectations. The 81-year-old pontiff, called "pope of uni'y and peace," had described himself as serenely ready, "going sweetly toward the end." The final illness was caused by a stomach lumor, brought persistent hemorrhag ing and was complicated near the end by peritonitis, an inflammation of the lining of the abdominal cavitv The supreme pontiff of the Roman Catholic Church succum-med at 7:49 p.m. 1:49 p.m. CST the announcement said. Indeed," Clark went on, "it in Uttar Pradesh.

Agra most Adrien Robert announced the arrests first in the campaign against the front at a news conference Sunday night. At 1:35 p.m., a communique reported that the Pope's blood was consideration for the multi famous landmark is the Taj dorf-Astoria in New York. Mahal. pressure had dropped to 95. Five-and-a-half hours earlier it had civil rights division of the Justice Department, argued the government's case.

He said, "the facts in this-case are very simple and clear." He said that order is applicable today in the cases of Vivian Ma-lone and David McGlathery. Marshall cited instances in Arkansas, Louisiana and Mississippi where injunctions were handed down against governors. He said the government's re He refused to give further' de Laverty was one of a dozen Uni tails, but provincial police direc versity of Illinois faculty mem bers, most of them with their fam tor Josaphat Brunet said a Belgian national was among those been 115. For the thousands in St. Peter's Square there was nothing to do but wait, as they had waited through long night and daytime ilies, currently in India in cooperative projects in agricultural and Washington, June 3 (AP) Senate Republican Leader Everett M.

Dirksen of Illinois said today "there just has to be" congressional action this year on a wheat-feed grains farm aid bill. "We can't let this go down the drain," Dirksen said in discussing farm legislation introduced last week with bipartisan backing. It would provide a program of wheat and feed grains price supports picked up. Earlier reports said the Belgian, engineering with the University of vigils ever since the Pope's first farious local difficulties and variety of obstacles which might arise in this transition that led this court eight years ago to frame its mandate in Brown in such language as 'good faith compliance at the earliest practicable date' and 'all deliberate "Now, however, eight years after his decree was rendered and over nine years after the first Brown decision, the context in which we must interpret and apply this language to plans for desegregation has been significantly Illinois. about 32, had been trained in Cuba to handle explosives and was Showers grave crisis.

About 10,000 were the square at noon. quest for a temporary injunction Laverty came to the University the leader of the terrorist group against Wallace is the best way to The Montreal Gazette said "police The 81-year-old pontiff survived another crisis Sunday night and avoid a physical confrontation be-. of Illinois in 1959 from Ohio State University. He had degrees from the University of Minnesota and. Decatur and Vicinity: Fair to now have proof that the terrorist movement has been Communist- plus a voluntary program to en partly cloudy with scattered showers or thundershowers mostly af tween the principals.

"South Carolina and Georgia have shown that that's the best way," Marshall yet another early today. Since Friday bis doctors have said each Vatican City, June 3 (AP) led." courage cutbacks in the planting of those crops. Ohio State. He was born in St Paul, where his parents live. ternoon or evening through Tues day would probably be his last Pope John XXIII sank into For the past three months, the The bill was introduced after Death almost came at sunset day.

Not much change in temperature. Low tonight 62-70. High front has staged a wave of bomb Pentecost Sunday when he suffer ings in the Montreal area to focus ed an alarming crisis. It brought attention on its campaign to sepa wheat farmers, voting in a referendum, had rejected the Kennedy administration's acreage control-price supports program. Tuesday in the mid or upper 80s.

DECATUR WEATHER Compiled by the Review Skinnay Ennis Dies Band Leader Once With Bob Hope rate predominantly French-speak ing Quebec Trom Canada. a Vatican radio plea to the world for prayer. Again his heart pulled him through. deepening stupor today and his sturdy heart seemed to be weakening. The pontiff's blood pressure dropped drastically, and sources at the Vatican said this could indicate weakening of the heart, whose resistance to death has confounded all medical expectations.

The bill would provide a pro gram of incentive payments, 7 Sun. 69 7 p.m. Sun. 84 Noon Sun. High Sun.

Precip. somewhat similar to the old soil Supreme Court Rules For St. Clair Negroes Washington, June 3 (AP) The Supreme Court decided today that Negroes who complained a school board in Illinois discriminated against them are not required to use state administrative remedies before filing suit in federal court. L0REN E. MURPHY, 81 FORMER JUSTICE, DIES Monmouth, June 3 (AP) Noon Mon.

86 Low Sun. 65 7 a.m. Mon. 64 Low Mon. 60 Protestant Leader Praises Unity Efforts Geneva, June 3 (AP) Dr.

W. A. Visser't Hooft, general secretary of the World Council At 4:45 p.m. (10:45 a.m., CDT) Precip. Lcren E.

Murphy, 81. former a Vatican press official said: Beverly June 3 (AP) Band leader Skinnay Ennis, 56. who rose to fame as a singer with comedian Bob Hope, died late Sunday night after suffering-an at-i tack in a restaurant. Doctors at the Beverly Hills first aid station pronounced him deaa bank program, to induce farmers to retire more acreage from production. It also calls for wheat price supports equal to the world market price (an estimated $1.40 to $1.45 a bushel) and feed grain Drice supports equal to 90 per cent "The deterioration of the Pope's justice of the Illinois Supreme Court, died Sunday in Monmouth condition is constant.

He is being on Churches, paid a special tribute today to the efforts of Pope Justice Douglas delivered the 8- assisted at the present time by Hospital. He was the father of Mrs. John Rel. humidity Mon. noon, 42 pet.

Discomfort Index Noon Mon. 74 (Discomfort Index is relation ol John XXIII to bring the Christian! churches closer together. his doctors. Prof. Antonio Gasbar rini and Piero Mazzoni." 1 decision.

Justice Harlan wrote a dissenting opinion. H. Morris, 1140 N. Hill on arrival at 11:18 p. m.

of the average price on world markets for the three preceding In a statement issued by the The decision applied to a suit World Council's headquarters here by Negroes who said racial segregation was practiced in Commu temperature and humidity; 50 per cent of people are uncomfortable at Index 75; nearly all are uncom years. The bill's sponsors are Sens. Clinton P. Anderson, D-N. "This is the hour for faith," the Vatican said.

The oxygen which had been administered to the Pope somewhat relieved his heavy breathing. But the broadcast said doctors Spessard Holland, George fortable at Index 79 and up.) Ennis, whose almost forgotten real name was Edgar C. Ennis, was stricken while dining in a restaurant. Ennis and his orchestra had been playing at the Statler Hilton in downtown Los Angeles the past five years. linnis, whose nickname original Decatur.

Judge Murphy, a Democrat who was singularly successful in a-staunchly Republican area, had been ill and in retirement for several years. He was Warren County judge, and later a judge of the 9th Illinois Circuit Court. He was elected to the Supreme Court from the 4th as the Pope approached death, Dr. Visser't Hooft said: "The great significance of "the pontificate of Pope John XXIII comes out clearly when we remember how many important de D. Aiken, and Bourke Hickenlooper, R-Iowa.

noon WSOY wind Velocity had just about given up hope of 7 a.m. 5 ssw 6 p.m. 5-10 sw 5 "The sponsors of this bill are Direction --i being able to do anything for the pontiff. "This is a time for recollection nity Unit School District No. 187 in St.

Clair County, 111. The Negroes said an attendance area laid out for a new elementary school included only "ghettos" where members of their race reside. The new school is thus largely an all-Negro school, the Negroes said. An old school's fifth and sixth-graders, 97 per cent of whom are white, were transferred to the velopments nave tauen place in that short period of less than five 7 a.m. 30.28 12 m.

30.22 noon 30.25 7 p.m. 30.20 and praver," the Vatican radio Bar. years. ly was "Skinny," changed it to "Skinnay" after it was misspelled that way on the label of a record Skinnay Ennis District in 1938 and served one nine-year term during which he served as chief justice for a time "But most important of all has said, referring to the Pope as a been that profound change in re radio troupe, then formed his own man who gave his whole life to "teaching men to love anoth- under a rotation arrangement. hand in 1938.

going to press unui soiiieuuug happens," Dirksen said in an interview. "I think there will be action on it." Pilgrims' Bus Wrecks Venafro, Italy, June 3 AP) A bus carrying 70 persons home from a religious pilgrimage plunged 20 feet to the ground from a bridge Sunday night. Police said two persons were killed and 40 lationship which has led to ine beginning of a true dialogue be- early in his career. A native of Salisbury, N. Ennis got his start in the enter tainment business while a student Sunset 8:19 p.m., rise 5:28 a.m.

Lake level at noon 613.0 ft. (Additional weather on page 17 INDEX Ennis as the third famous band leader to die in less than a "Pray fervently for His Holiness: tween the Roman Catholic church No News Conference Washington, June 3 (AP) the broadcast and the other churches. mcnth. Ted Weems died in 'JuUa who is now dying at the University of North Car" new school to ease overcrowding, but classes at the new school are held on a segregated basis. Different races use different parts of the building and Negroes use separate entrances.

Radio-TV Page 8 Movies, Amusements Page 4 concluded. For 30 tense minutes this aftei-noon the Vatican radio was off the May 6. Eddy Howard died May 23 in Palm Desert, both were friends of Ennis. "I believe that Pope John XXIII will be remembered as the Pope who made that dialogue possible." Una, playing with Hal Kemp band as a drummer and singer. Later he joined Bob Hope's President Kennedy will not hold a news conference this week, the White House said today.

Comics Pages 15, 16.