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VOL. 73—NO. 80 Ftomfctirfh, N. Y., 12901, Timdoy Morning Navambat IS, 19M .* '"

Court OKs state's powers in rights demonstrations

WASHINGTON (AP)—The Supreme Court Monday signifi­cantly limited the freedom of peaceful xnvil ri£ht£ jemonstra-] tions on government property.

Upholding the trespass con­viction of 32 Negroes who dem­onstrated outside a jail in Talla­hassee, Fla., the court said:

•The United States Constitu­tion does not forbid a state to control the use of its own prop­erty for its own lawful non­discriminatory purpose."

The 5-4 decision, written by Justice Hugo L .Black—long a "free speech" advocate-marked the first time the high court after a full review upheld the conviction of civil rights demonstrators.

Justice William 0. Douglas, one of the dissenters, protested from the bench: "We now have

set into the record a great and wonderful police-state doc­trine.' *

This doctrine, Douglas said, is that police Tiave Die power to regulate First Amendment rights.

Two other decisions of high import also were handed down by the court.

In one, it left standing a Maryland Court of Appeals rul­ing that state construction grants to three church-affiliated colleges were unconstitutional.

In the second, it refused to review an Iowa Supreme Court decision giving custody of 8-year-old Mark W. Painter to his grandparents over his father's protests.

Until now, the court has con­sistently thrown out trespass and breach of peace convictions

of civil rights demonstrators. And it has often declared inval­id the laws on which the convic­tions were based.

But tn affirming the convic* tion of Florida A&M students who refused to leave the prem­ises of the county jail in Talla­hassee in September 1963 the court said:

"The state, no less than a pri­vate owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated."

The Negro students were pro­testing segregated facilities at the jail and th- previous arrest of other antisegregr.tion demon­strators.

They claimed their arrest un­der a state trespass law violated several of their constitutional rights, including the Ftrst

Amendment guarantee of free speech and assembly.

The Negroes were convicted by a jury aad sentenced u> pay a $50 fine each or go to jail for 30 days. In addition, a mandato­ry 30-day jail sentence was im­posed, with a provision that it could be suspended provided they not participate in further demonstrations in Leon County " tending to create racial strife."

Black, writing for the court majority, said:

"Such an agreement has as its major unarticulated premise

I the assumption that people who uant to propagandize protests

| or views have a constitutional right to do so whenever, and

(however and* j please... j "We reject it..."

Douglas took a directly oppo-j site view. | He said the students were ' peacefully exercising the First j Amendment right to protest, and j police officials were being given I "the awesome power to decide j whose ideas may be expressed | and who shall be denied a place | to air their claims and petition 1 their government."

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IN SONG — Laura Hastings staff a less song summing up the "Creation White

Y M Watch" program at Ptattsowgh University Cotfege Monday night

Tailor technique on LB J? WASHINGTON (AP^ - The

technique a tailor uses in plac­ing the buttons for a double-breasted suit jacket may be em­ployed Wednesday by surgeons when they repair President Johnson's incisional hernia.

He'll also undergo surgery on his throat for the removal of a growth near the right vocal cord. Throat polyps such as this are common among singers and others who use their voices ex­tensively, and they usually are noncancerous.

However, the tissue cut from the President's throat will be routinely examinod microscopi­cally for any signs of malignan­cy.

Johnson's hernia, or rupture. is at the site of the incision made *hen his gall bladder was

removed last year. Surgeons say one of two common ways to repair such a hernia is this:

—Fold a layer of tough, fi­brous body-tissue called "fas­cia" over the President's rup­tured, three-layered abdominal wall of muscle — through which there's a break the size of a golf ball — and sew the sheat of tis­sue to the far side of the mus­cle. .And then—

—Draw another sheet of fas­cia — named for the Latin word for sash — from the other direc­tion, pull it over the under-layer of fascia, and suture it securely at the opposite side of the mus­cle.

It would be much like first buttoning the underfold of a double-breasted jacket, then pulling the top fold over and

buttoning it on the opposite side. Ideally, surgeons would prefer

\ an alternative. This involves making repairs,

layer by layer, in the three-ply . muscle. This calls for suturing i breaks in each separate muscle ! layer, and especially the breaks in overlying sheets of fascia at-

\ tached to each layer. But often, the torn muscle-

i layer fascia is so intertwined with other tissue — notably, the

! peritoneum, the membrane that lines the abdominal cavity —

! that separate repairs are impos­sible or impractical.

In either event, surgeons say, j the main thing is to assure a ) firm band or bands of fascia ; because this tough, connective I tissue constitutes the main sap-; port of muscles.

Killer plotted 3 months MESA. Ariz. «AP» — Author-<

ities pressed the prosecution i Monday of a schoolboy killer of five — an accelerated student; now under psychiatric care and described as a brilliant "loner" by the few who knew his inner : drives. j

As a coroner's jury made | plans to view the bodies Tues- j day of four women and a child i slain in a beauty shop massacre Saturday, Robert Benjamin: Smith, is. sat in a Phoenix jail ! cell brooding and aloof. i

An inquest will be held later this week, possibly after the release from Southside Hospital of Bonita Sue Harris, 18, only adult survivor of the carnage Smith said he plotted for three months because he wanted to see his name in headlines.

Miss Harris, who has head and arm wounds, told police the youth laughed as he forced five women and two children to lie on the beauty shop floor and fired shot after shot at them from a long-barreled pistol.

Running low on fuel, Gemini drifts in space

CAPE KENNEDY, Fla. (AP) —Gemini I2's calm, cool space-walker braved the weightless void a record third time Mon­day. But a crippled spaceship then left its pilots with little to do but dnf;.

Tiny Gemini 12. three of its 16 maneuvering rockets ailing. mostly glided toward Tuesday's end of its four-day, 1.GOO .000-mile journey with two pilots, bearded by now, high-spirited over the success of their chal­lenging mission.

Fuel became a precious item. "To save fuel, we're just

going to let it drift," said com­mand pilot James A. Lovell Jr. as he told mission control the third thruster had gone bad. We're doing it now "

Even with its troubles, though. Gemini 12 got the "go ahead" for the full, 59-orbit voy­age due to end Tuesday in the Atlantic at 2 22 p.m. EST. • Its pilots spent an afternoon taking pictures and conducting experiments.

| In the same hospital is 3-i month-old Tamara Sellers, with | a minor arm wound and a skull • fracture. Her mother, Joyce : Sellers, 27, died after throwing her body across the baby. Mrs.

! Sellers1 3-year-old daughter, | Debra La Rae, was killed.

j Also slain by Smith 'wre I Glenda Carter, 18, and Mary | Margaret Olsen, 18, student \ beauticians: and Carol Farmer,

19. a customer. | Smith's high school principal, ! Linwood Noble, said Smith was j a straight-A student "in the sub­jects he liked" and as an accel-

I erated student took part in I teacher-guided seminar sessions in which the youngsters dis-

! cussed philosophy and the inner • drives of life.

• • •

"He was excellent in English and literature,'1 Noble said, 'but be was not so good in those he did not like — math and science "

He said Smith also was taking two social studies courses, one as an elective, and had a minor role in a school play last spring. The piay "You Can't lake It With You. '

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L\ PAINTING — PSUC graduate art student Joseph Baker at work oa a canvass inspired by the music of piaobt Fred FlioddL

Audience watches ^m

art forms arise

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IN POETRY — At the same time, George Abbe, college's writer w residence, produced

this poem oa i blackboard.

Poor forced to control births, bishops charge .Airman killed in crash, two companions injured A 19-year-old airman from

Plattsburgh Air Force Base was k;:;ed and one of his two com-pamor^ injured early Monday in a one-car accident south of Plattsburgh.

• • * lujw*ed ww Eh-ia j . Jeffrey.

JO. of 11011 biwood. Jamaica. N Y He was admitted to the 5*3* nosjxtal and a deemed in

Weather

good condition. Jeffrey is said to have been operator of the car

State Police of the Platts­burgh station said that the acci­dent occurred at 5 a.m. The c^r was proceeding north on the Northway.

A: a point at the Laphazn's Mills overpass, the zzr. prop-ertv of Henry R Purchase- of the same scr adror. and operat-ed by Jeffrey, also from the air" base' veered off the right side of the highway

• • a

iBvotifJttoa stowed that the vefcicie struck a concrete abut-meet *ni thee proceeded J5B t feet on the rift* stooakfer of the ; rood. j

Dr. Dsna A. Weeks said thaT • the coroner's JuvFsiiyitfMKi zs> cocnaoing State police also are

WASHINGTON (AP) - Car­dinals and bishops of the Roman Catholic Church in the United States ^cedsed the Johnson ad-nunistratioo Monday rugfet of pressuring the poor to practice, binh control.

In a unanimous statement. the> sa.d j

government activities j increasingly seek aggressively; to persuade and even coerce the uncteprr iieged to practice birth control."

Calling this a threat to liberty of choice, they sssd *e decry this over-reaching by govern­ment *r£ zsser. again the ic-vioiahijty of the r^H of human privacy "

This *as one of two major u&m it Mcodax** « * * » of the prelates In toother, they elected Archhabop iotas rrma-; ds Deardea. K&Otjr-adnm&s-:

trstor. as the Srst president of ttesr episcopal corier^ce

of the I«ratl

prelate was a path-breaking step m line with a decentraliza­tion rrKrvement in progress wt th­in the church

Pope Paul VI and the Vatican Council have given nauonal episcopal organizations more jurisdiction over a wide range of activities, from iocai adapta­tion erf tfturgica] rites to coordi­nation of missionary activities

Among other things the con­ference is expected to deode whether to coctirae or after the requirement that U.S. Catholics abstain from meat oc Friday*

Ail toid TiS of the 261 ehg:t;e prelates aueaded the meeting— the rest being absent for such reasons as liluess or retirement —tad a cofnpoting machine was seeded a the electjoc A£ the canfifials asd btshops served oc the wwtoatiaY committee, WTX± made HI aoronaoons

OB the third ballot Arthbtsbop Z)ea.u£r. »r« by a rna, vhiLh was s t stated

He will serve for •ear playing a major role m haodimg church matters. Working '**ith him wii3 be .Archbishop John J Krol of Phiiadrfphia, elected **ice president.

The bjth control statement was :n preparation some months by the Nauonai Catholic Welfare Conference, the organ or secretaryt of the oishops

This orgar.iTation will be reor-gar^ed and renamed at the present conference, and will -Derate under .Archhashop Dear-den

A: a new? conference, it was erz-znet that the statement was approved vraansnousiy

Bishop Raymood J. Gallagher ef LafayTGe. lad. ta» exec-utrve trector of the Natteoal Conference of Cathote: Charv tjes. said bishops became coo-ce!med over President Johnson's State :f the I'zsor. remarks last Jaruary and scbseqtiec; gov.

eimmer.t activities. He said a letter was written;

by the National Cathobc Wel­fare Conference to the govern- j ment offering bishops' views but j •we never received the courtesy!

of an answer " At first he indi­cated this letter was sent to the i White Hxi>< but later said it] was probab:> sent to a depart­ment

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Rockefeller continues vacation

DORAIX r^jero PuCO (AP); — Gov Neisor Rockefeller of! New Ycrt toda; cocaffued ai shon vacaaiOR ir. * e Dorado] Beach Hoed here pUying gotf;

and fw-jnming

The gOTernor. itxxxapvned by his wife. Happy, and SOIL' Selsac. J. amved TrjL*: foi-kyrtag his re etectaao.

By DON THOMPSON The music took on a high,

light tone, like wind hovering over a busy brook A splash of gold awoke on the canvass and the poet wrote: "And touch the living sound of winds long gone "

Such was Creation While You Watch" muiu-art program presented by the Et Cetera Club of Plattsburgh State Univer­sity College Monday night.

In the program were the poet George Abbe, wnter m resi­dence at the Coliege. Josepn Baker, a graduate art student Dr. E. Fred Flindeil, pianist, and Laura Hastings, vocal stu­dent

FUiideU began the program with minor chords

Immediately Baker took to brush and placed a long black mark on the left side of the canvas Simultaneously, Abbe began to write- "Where gnomes beneath the earth converse with darkness."

Meiody ettctted a farther gold­en burst from Baker, which cov­ered the entire canvas and Abbe continued

•The living ferns of hope bum with a sun/'

Deeper pass tones amongtight melodic tones prompted Baker to paint smaller Wack lines fol­lowed by "Fierce and immortal taBer than all man's mactoess."

As the music contiraied, Baher splashed on beige paint with over-tones erf goid. Abbe contin­ued;

"And stronger than all the his­tory that is done Break upward dwarfs of dark that * e r e on f' vre

Thus, a poem and a painting grew side by side from the same mek>d>c soil.

Afterward, a question and an­swer period:

Q. "Mr. Abbe, did you took at the paisttog whUe yoc wtn writing ^

A "Ko. I created smnethtng rf WKJ own aod I am sore Mr. Biter dM ate stee I dntt that he eoold re** my «ri£tae."

Q "Mr. Ftedefi, wfcat yov tbooghts as yoc mating fte nasic?**

A. "Concerto for a Space-; ship," he said jokingly. MI don't know, I was afraid I would dis­solve an augmented chord at the enti:%

Q. *Mr. Baker, did you have a pre-conceived idea of what you would paint0"

A. "Not the foggiest. I expect­ed to paint something more ab­stract."

At this point. Abbe broke in and agreed that Baker had in fact told him before the pro­gram that his paintmg would be an abstraction.

Baker continued, "I got the inspiration from the first notes. It was like an electric shock when it started, like music you've never heard before/'

A member of the audience then spoke out and gave his in­terpretation of the music, "I felt death and doom from the music, almost a feeling of loss and turmoil." Abbe agreed that these were in fact his feelings by saying. "I have darkness aad

^ burning in my poem just as Mr. • Baker has in his painting."

Kiss Hastings then commeat-: ed on what she felt "As I sat here, I tried to integrate my emotions in form and when 1

! stood up I let loose of my emo­tions I put my hand on the

, piano in order to get the vfbflh bo&s and fee! more emotta. I didst plan it, I just kc I m e . "

Q Mr. Abbe, was there aay ; effort iirvol?ed?"

A "Not so waiting. Th fied a gnome to

* from beneath &i what I fen. so ttte is what 1 wrote. The whole so much an effort as and certah^y a OQ*y a sense ef

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