THURSDAY, APRIL 14, 1966
THE MICHIGAN DAII v
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Legal Pressure Brings Change in South's ii
PAGE THREU
istice
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EDITOR'S NOTE' - Civil
rights leaders have urged a
change in the method of select-
ing juries because of complAints
of "all-white justice" in the
South. Here is a report on the
situation.
ATLANTA, Ga. () - A trend
apparently has begun to place
more Negroes on juries in the
South under the pressure of ap-
pellate court rulings and a move
for congressional action dealing
with jury selection.
There are, in fact, systematic
efforts in some areas to include
Negroes on juries, particularly
those trying racial cases.
Nowhere has the change been
more dramatically evidenced than
in the little town of Ellaville, Ga.,
which recently had its first jury
case in five years and its first
murder trial in 20 years--and the
first Negro jurors in anyone's
memory.
Two Negro brothers, 15 and 19,
were charged with the murder of
a white policeman last November.
After lawyers went through the
jury panel, a jury of 11 Negroes
and one white man had been
picked. The trial of the younger
brother resulted in a six-year sen-
tence for voluntary manslaughter,
and the older brother got the
same sentence when he pleaded
guilty.
How did a predominantly Negro
jury turn up in Schley County?
Sheriff W. M. Ellis said: "You
just have to abide by the law."
He said the jury list was taken
from the tax rolls and that was
it. But the list was revised two
weeks before the trial.
C. B. King, Albany, Ga., a Ne-
gro, who for 11 years has been
fighting exclusion of Negroes from
juries in southwest Georgia, de-
fended two Negroes for the slay-
ing of a white man in Americus,
Ga. A jury with two Negroes on
it returned a verdict of life im-
prisonment for the first defend-
ant, who admitted firing into a
crowd, and the other Negro drew
five years on a guilty plea to a
lesser charge.
The Negroes on the jury meant
the difference between a life sen-
tence and the Georgia electric
chair, said King, who also defend-
ed the brothers in the Ellaville
case.
Almost at the same time, a fed-
eral court jury in southeast Geor-
gia was returning a verdict in a
nonracial case involving moon-
shine liquor. There were two Ne-
groes on the jury.
Negroes have served on
juries for years in that
but last year there were
on the state court juries.
"Politics definitely are
it," one man said. The
Negro vote has its effect+
commissioners.
federal
county,
Negroes
part of
growing
on jury
Mississippi's Supreme Court has
been reversing convictions of Ne-
groes in criminal cases because of
systematic exclusion of Negroes
from juries. Since the state law
limits jury duty to men voters,
most Negroes were excluded prior
to enactment of the federal vot-
ing rights law.
A three-judge federal court in
February directed the jury com-
mission of Lowndes County, Ala-
bama, tormake up a new jury list
without regard to race. The court
also invalidated the Alabama pro-
hibition to women jurors.
A definite increase in Negro
jurors has occurred in South Car-
olina during recent years, says
attorney Lincoln C. Jenkins of Co-
lumbia, a Negro
Jenkins said this results from
more eligible Negro voters and in-
tentional inclusion of Negroes in
jury boxes, plus the decision of
prosecutors to leave Negroes on
juries more often.
Repeated reversals, like the Mis-
sissippi decisions, result in prose-
cutors seeking integrated juries.
And sometimes it is to the prose-
cution's advantage.
"Negroes," said Jenkins, "are
just like everybody else. They can
be just as impartial or just as
prejudiced."
He said prosecutors often want
Negro jurors in trying Negro de-
fendants because the result often
will be a stiffer sentence than
would be given by all-white juries.
A fury of 11 white men auid a
Negro man returned a federal
The trend is noticeable in Geor-
gia, South Carolina, Arkansas,
Mississippi and Virginia, an Asso-
ciated Press survey shows. The De-
partment of Justice has moved in-
to the courts to force the inclu-
sion of Negroes on juries in some
Alabama counties. Other states re-
port no significant change in the
pattern of jury composition --
which includes a few Negroes.
condemning a Negro to death for system already has been introduc-
a bank robbery-murder.
Among the factors enumerated
by veteran Southern lawyers view-
ing the changes:
-Constant attacks on exclusion
of Negroes.
--Related racial changes flow-
ing partly from new laws and ac-
tivities of civil rights groups; the
changed attitude of the federal,
and in many instances state, gov-
ernment; the impact upon and in-
volvement of business and indus-
trial growth.
-Increasing political power of
Negroes.
-Lessening opposition to liberal
views.
Legislation to permit trial of civ-
11 rights cases in federal court and
ed in Congress by Sen. Jacob K.
Javits (R-NY) and Sen. Clifford
P. Case (R-NJ). The jury selection
in civil rights cases would be done
from a list provided by the Cen-
sus Bureau. Similar proposals
have been introduced by Rep.
Donald M. Fraser (D-Minn).
The administration of justice in
the South might well hold the key
to civil rights problems, accord-
ing to Dean Erwin N. Griswold of
the Harvard Law School and a
member of the Civil Rights Com
mission.
"Not until justice can truly be
found close at home can it be ra-
tionally expected that Negroes in
the South will present their case
in thecourts rather than in the
Jenkins said this results from
, I
I
court verdict in Americus, Ga., to set up a new jury selection
streets," he said.
Buddhists
o
End
Boycott
Frenech Demand U.S.
Withdrawal of Troops
OIntitutonal ong ress
Saigon Radio
Report Not
Confirmed
Demnonstrations Wil
Not Be Called Off;
Ky Threatens Force
SAIGON ()-There was a re-
port yesterday that Buddhists
* would drop their boycott of the
preparatory congress the govern-
ment convened last Tuesday tc
reconimend steps for the trans-
fer of ruling powers to a civilian
regime.
Radio Saigon broadcast a state-
ment that the Buddhist delegates
would take their seats in the
congress. Confirmation was lack-
ing from the religious hierarchy
Militant Buddhists planned a
big but orderly demonstration
here yesterday to emphasize their
opposition to Premier Nguyen Cao
4 y's military government.
Nonviolent March
It was expected to take the
form of a nonviolent march from
the Buddhist Institute to down-
town Saigon.
Such a parade route would follow
streets marked by a series of riot-
ous outbreaks before the Bud-
dhist hierarchy proclaimed itself
in- over-all command of the dis-
sidents and called a halt to the
rowdyism and arson last Satur-
day night.
Ky has vowed he will move
forcefully against any further
demonstrations. Last week in Sai-
gon, there were repeated clashes
with police and troops, with open
anti-American overtones.
Authorities said that if the pa-
rade is orderly it probably will be
unhindered by the government.
There have been no demonstra-
tions in Saigon this week. They
have continued, however, in the
northern centers of Hue and Da
Nang.
Buddhist Demands
The Buddhists are demanding
steps toward a representative, ci-
vilian government in "a very short
time." Presumably meaning with-
in two to five months. The mili-
tary regime has said it has no
desire to cling to power, but that
it will take time to work out the
orderly procedures for an election.
A national preparatory con-
gress called by the government
went through its second day yes-
terday but there was little sign
that it was making any solid
progress. The congress was con-
vened to recommend steps toward
election of a civil government. It
is taking up the question of a
constituent assembly that would
draft a consttuton to be put to
a referendum.
On the opening day Tuesday, the
congress was attended by only 92
delegates, about half the total
asked to participate. The Bud-
dhists boycotted it and there
were "only two Roman Catholics
present as observers.
Wednesday, the congress sent
a delegation to try to induce ab-
sentees to attend.
Speakers insisted that the con-
gress should be attended by Bud-
dhist and Catholic leaders if it is
to. have any meaning. Some quar-
ters here were said to feel there
is a possibility of agreement be-
tween the dissident political fac-
tions, using the congress as a
forum.
GEN. WILLIAM C. WESTMORELAND, commander of American forces in South Viet Nam, inspects
damage at Saigon's Tan Son Nhut airport following last night's mortar attack which set the oil tank
in the background ablaze, killed seven U.S. servicemen and injured 108 others.
Predict Giant New Aircraft Will
Transform World 4iaion.
Coal Miners
Defy Union
work Order
No Sign of General
Break in Strike, But
Some Return to Jobs
PITTSBURGH () -- Soft coal
miners, disgruntled over a pro-
posed contract, stayed away from
the mines again yesterday in de-
fiance of a union back-to-work or-
der.
About 53,000 miners in eight,
states were off the job. Some
were reported returning but there
were no signs of a general break
as the strike moved through its
third day.
Representatives of the United
Mine Workers and the Bituminous
Coal Operators Association met
behind closed doors in Washing-
ton in an effort to settle the dis-
pute.
The union and three independ-
ent coal companies have reached
agreement on a new contract call-
ing for a wage hike that lifts
top-rated miners to $30 a day
and includes another pay raise in
1967.
Dissatisfaction
But miners were dissatisfied
with the pact.
John Hairston, 44, of Gary, W.
Va., a tipple dumper for 27 years
at U.S. Steel Corp.'s Gary No. 2
mine, said, "The miners down here
aren't interested in a daily raise
in pay so much asnmore benefits.
I've worked for 27 years and only
get two weeks vacation and the
man with only six months exper-
ience gets the same two weeks.
Back to Work
Miners were reported headed
back to the mines in Illinois and
Alabama but the strike was said
to be spreading in West Virginia.
About 15,000 were off In West
Virginia, 13,400 in Kentucky, 10,-
650 in Pennsylvania, 4000 in Ohio,
1800 in Illinois, 2300 in Virginia,
6000 in Alabama and 239 in Colo-
rado.
I START YOUR T.G.
EARLY!!
By The Associated Press
PARIS - President Charles de
Gaulle said yesterday he will not
wait "forever" for the United
States to decide when it will pull
its troops out of France the Unit-
ed Press International reported.
De Gaulle was quoted as saying,
"I see no sense in letting inde-
cision over the timetable drag on
forever."
Meanwhile, Britain rejected
France's contention that it is im-
possible to modify NATO by com-
mon agreement.
Rejection,
The British rejection was in a
note replying to the communica-
tion from the French government
issued on March 29 which spelled
out de Gaulle's timetable for the
withdrawal of French troops from
NATO's commands and for the re-'
moval of American bases fromi
France.,
Similar notes were expected
from other NATO nations.
Opening a debate in Parliament'
on President de Gaulle's foreign
policy, Premier Georges Pompidou'
yesterday urged a greater voice
for Europe in world affairs based
on a partnership between the
Western and Communist halves of
the continent.
The premier presented this plan
as a corollary to French withdraw-
al from the North Atlantic Treaty
Organization's military command
system.
Opponents
De Gaulle's political opponents
countered with a formal motion
of censure, seeking to overthrow
the Pompidou cabinet.
The socialist authors worded
their motion carefully, with stress
on the economic and social conse-
quences of Gaullist policy, in a
perhaps forlorn bid for Commu-
nist support. The Communists thus
far have applauded de Gaulle's
disengagement from NATO.
Arms Burden
The motion's text said that the
"nationalistic character" of French
defense would increase.the coun-
try's burden, and hamper social
progress at a time of rising dis-
content at the increasing cost of
living,
"France intends that this West-
ern Europe should be the partner,
and not the adversary, of East-
ern Europe where the economic.
social and political evolution, both
among the states of that region
and within these states, will bring
them, we hope, every day closer
to us by eliminating our differ-
ences and multiplying the points
of contact," Pompidou said.
He denied that France was
switching alliances, or renouncing
its alliance with the United States
but he stressed the utihty of bet-
ter relations with the Soviet Un-
ion.
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__.
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11
I-- 0 -/W a v L! - -.J . v rV v f v tom/ I&-. t
NSW YORK (P)-A plane that
will carry 490 passengers and 16 2
tons of baggage -and cruise nearly
a mile higher than today's jets
was ordered yesterday by Pan
American World Airways.
The new type of craft prom-
ised a new era of long-distance
flight and the possibility of great-
ly reduced air fares by the end
of the 1960's.
Cost
Pan Am ordered 25 of the 747's
at a cost of $525 million from
the Boeing Company.
Deliveries will begin in Septem-
ber 1969 and will be completed
in May 1970.
Implications of the undertaking
were vast: It will spur activity in
the already thriving aircraft in-
dustry; stabilize aircraft employ-
ment at a high level; increase in-
tercontinental travel; put aircraft
into competition with surface ship-
ping; and lessen America's bal-
ance-of-payments deficit.
Different
The subsonic 747 is not to be
confused with the supersonic -
faster than sound - aircraft on
which Boeing and Lockheed Air-
craft have submitted plans to the
government, nor the C-5A mili-
tary transport which Lockheed is
developing.
The 747 will have a cruising
speed of 633 miles an hour, 10 per;
cent faster than present-day long-
range jets. It will fly at an alti-
tude of 45,100 feet.
Power will be supplied by a new3
JT9D fan-jet engine built by
Pratt & Whitney Aircraft. Each
will deliver 41,000 pounds of thrust
almost twice the power of any
jet engine in airline service today.
Capability
The 747's passenger-carrying
capability-499 passengers in thrift
class or 378 in mixed economy and'
first class-will rival that of a,
train.:
The order was believed to be
history's largest single corporate_
order in dollar volume for trans-
portation equipment. Last year
United Air Lines announced it was
buying 75 jet airliners at a cost
of $735 million. It also said it was
taking options on 44 additional jets
and leasing 25 others. The cost of
the aircraft ordered, of those that
would be acquired if the options
were exercised and the value of
the aircraft leased were said to
total $750 million.
b/rtierjitcj
mujicai
Soci et j
World News Roundup
INTERNATIONAL PRESENTATIONS
1966-67
CHORAL UNION SERIES
CHICAGO SYMPHONY ORCHESTRA ...... ...................Saturday, October 8
JEAN MARTINSON, Conductor
GUIOMAR NOVAES, Pianist .......................:....Wednesday, October 12
TORONTO SYMPHONY ORCHESTRA ...................,..Thursday, November 3
SEIJI OZAWA, Conductor
AMERICAN BALLET THEATRE.........................Thursday, November 17
THE CONSUL (Menotti) N.Y. CITY OPERA COMPANY .... (8:00) Sunday, November 20
DETROIT SYMPHONY ORCHESTRA....................(2:30) Sunday, January 8
SIXTEN EHRLING, Conductor
WINNIPEG BALLET COMPANY .......................... . . Saturday, February 4
SHIRLEY VERRETT, Mezzo-soprano ....... ................... Monday, March 13
STOCKHOLM UNIVERSITY CHORUS ..... .... . ............. Thursday, April 6
BOSTON SYMPHONY ORCHESTRA ............ .......... . ... . Saturday, April 8
Season Tickets: $25.00-$20.00-$17.00-$14.00-$12.00
EXTRA SERIES
NATIONAL ORCHESTRA OF BELGIUM ... . .... . . ........Wednesday, October 19
ANDRE CLUYTENS, Conductor
EMIL GILELS, Pianist ....... ................. . ....Tuesday, November 8
TOSCA (Puccini) N.Y. CITY OPERA COMPANY . . ......(2:30) Sunday, November 20
MINNEAPOLIS SYMPHONY ORCHESTRA..............(2:30) Sunday, Febroary 26
STANISLAW SKROWACZEWSKI, Cnoductor
JOSE GRECO AND SPANISH DANCE COMPANY ...... . . ... Wednesday,} March 8
Season Tickets: $12.50--$10.00--$8.50-$7.00-$6.00
By The Associated Press
MEXICO CITY-Mexico read-
ied a welcome with all the trap-
pings of state for President John-
son when he arrives today.
While the 24-hour visit has
been characterized as informal,
Mexican officials planned a 21-gun
salute at Mexico City's Interna-
tional Airport. President Gustavo
Diaz Ordaz, flanked by all mem-
bers of his cabinet, will be on
hand.
SAIGON - Avalanches blasted
into Mu Gia Pass yesterday by
the first B-52 raid on North Viet
Nam have stoppered that Red sup-
ply line, the U.S. Air Force re-
ports. This could mean a sharp
drop for a while at least in Ho
Chi Minh Trail traffic.
* * *
WASHINGTON-The Social Se-
curity Administration said yester-
day that failure to fill out the
loyalty oath section on the medi-
care application will not by itself
disqualify elderly persons from
benefits under the new program.
Tonight
The Kingsmen
at Mother's
223 E. Ann
wommoffalm"
.
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MAYNARD KLEIN Conducting
ARX3TS CHORALE
CINEMA II
celebrates
THE END OF CLASSES
with
FRANCE'S GREATEST
CRIME THRILLER
JULES DASSIN'S
ENGLISH SOUND TRACK
. .. - . . r,
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CHAMBER ARTS
S ER IE S
MOZART.. . Requient
HAYDN... "Lord Nelson" Mass
BRAHMS. . ."Nachtwache"
i
FRIDAY 8:30
CHAMBER ORCHESTRA OF PHILADLPHIA .................Saturday, September 24
ANSHEL BRUSILOW, Conductor
MOSCOW CHAMBER ORCHESTRA ........... ..........Saturday, October 22
RUDOLF BARSHAI, Conductor
CHRISTIAN FERRAS, Violinist...........................Monday, November 14
ANDRES SEGOVIA, Guitarist............................Monday, January 9
MUSIC FROM MARLBORO (Instrumental Chamber Music) ........Monday, January 30
JACQUELINE DU PRE, Cellist, and
STEPHEN BISHOP, Pianist .......................... Monday, March 20
BOSTON SYMPHONY CHAMBER PLAYERS..................(2:30) Sunday, April 9
Season Tickets: $18.00-$15.00-S12.00
Hill Auditorium
Admission Free
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SUMMER JOBS I
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