WEDNESDAY, MARCH 15,1967
THE MICHIGAN DAILY
VAGE THREE
WEDNESDAY, MARCH 15, 1967 THE MICHIGAN DAILY PAGE THREE
Powell Must
Be Arrested,
Court Rules
Appeal Body Refuses
To Hear Case Until
'Sincerity' Is Proven
NEW YORK (P)-A state appel-
late court dealt Adam Clayton
Powell another. blow Tuesday, rul-
ing he must be arrested before it
will consider any more appeals
from his criminal contempt cita-
tion.
If the ousted congressman "sin-
cerely desires a review by the
' courts," the court said in a three-
to-one decision, "the best proof he
can make is to present himself to
the officer whose duty is to arrest
him.
"The courts will not, in the
meantime, hear this application
intended to review the proceed-
ings against him which have re-
sulted in his present plight."
The decision may have put a
crimp in Powell's announced plans
to risk arrest by returning on Palmr
Sunday to preach in his Abys-
sinian Baptist Church and walk
the streets of the Harlem district
whose leaders have sworn to over-
whelmingly re-elect him in a spe-
cial April 11 election.
"I know it is not in Adam's tem-
perament and nature to want to
go to prison," said one of his at-
torneys, Henry Williams. But Wil-
liams said the decision would be
up to Powell. Some of his Harlem
supporters, however, felt differ-
ently.
"Jesus Christ recognized the
danger of arrest when he entered
Jerusalem on Palm Sunday," said
one Powell backer. "He did not
sidetrack. He recognized that he
had an obligation to the Kingdom
that he preached to."
A dissenting opinion filed Tues-
day by Justice Harold A. Stevens,
the only Negro among the five ap-
pellate judges, said Powell had
been given "the Hobson's choice
of coming into the jurisdiction and
being arrested, albeit wrongfully
if the arrest 'occurs on a Sunday,
or being denied recourse to the
courts."
"The court, by refusing to en-
tertain the appeal, is sanctioning
the possible perpetuation of a
wrong because its dignity has been
offended. This it should not do,"
he said.
Powell's legal troubles, which led
in part to his exclusion from the
House seat he had held for 22
years, began with his refusal to
pay a $46,500 defamation judg-
ment to Mrs. Esther James, an
elderly Harlem widow. , He has'
since paid, and on March 2 the
Court' of Appeals, . New York
State's highest court, reduced
damages against him by $100,000.
Meanwhile, a lawyer in the
sheriff's office said that "we do
not know now whether we would
arrest Mr. Powell if he came into
town Sunday, because arrests in
civil cases are not usually made
on Sundays."
Defoliation
IN SENATE HEARING:
!3 -u.w7 7 ,-h
Program To Dodd Backers Assert Funds
Be Expanded Granted Without Restrictions
IT Q
-Associated Press
Clay Shaw (center), accused of conspiracy in the assassination of President Kennedy, left the
court building after the first day of a preliminary hearing in New Orleans. One of his attor-
neys, Edward Wagmann, is shown at the far right.
d "
Acc used Conspirator Shawv
Identifi~ed in Kennedy Inquiry
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'-) 3. manes z pfreau WASHINGTON ( P)-The John- I'm not asking for you to vote for depreciation bill would cost the
Poisonous Chemicals son administration doggedly press- this measure to avoid a recession. Treasury $245 million in revenues
ed its case yesterday for a busi- That is not the case at all, it is during the year ending June 30,
On Jungles, Riceland ness tax easing now and a gen- not the rationale." $640 million and $380 million in
eral tax increase later - despite In the course of an exchange the two succeeding years.
WASHINGTON UP) - The U.S. expressed congressional opinion with Rep. John W. Byrnes of Wis- "Will this lead to a change in
effort to kill Vietnam's jungle, that the combination is political- consin, senior Republican on the the mix or the proposal?" Byrnes
as well as crops which hide and ly impossible. committee, Fowler hinted the in- asked.
feed the Communists, is escalating Treasury Secretary Henry H. come tax proposal may be modified "That is something we will have
into a $100-million program. "Fowler argued to the House Ways before the actual legislation is sub- under active consideration. I don't
In 1966 American planes spewed and Means Committee-including mitted to Congress, which expects know now," Fowler replied. He
out an estimated $10 million in some vocally doubtful members- to begin hearings in June. gave no details.
defoliants and herbicides over that a suspension of two business Johnson recommended a six per There has been some specula-
hundreds of thousands of acres tax incentives has served its pur- cent surcharge on both personal tion that the income tax increase
of dense jungle as well as over pose and should be ended now-ax might be modified so as to pro-
Viet Cong-held riceland. but that a general tax increase and corporate income taxes. Byrnes
This year's Air Force budget will be needed at midyear. He in- obtained from Fowler an estimate less of individual taxes, especially
provides $39.5 million for about sisted, under repeated questioning, that the investment credit and if the investment credit is restored.
five million gallons of vegetation- that the administration is not
poisoning chemicals. And in the seeking for restoration of the in-
next fiscal year, beginning July 1, vestment credit and speeded de-
the Air Force says it is asking preciation rules because it fearsAnoP
congress for $49.5 million more to a recession.
expand the spraying program. "My judgment of the political9FriRo
Protests Ignored realities is that by this bill you or UAxta IOFI I C5UU AJE ,
This intensification of the chem- have killed any chance of enact-
ical war has continued despite oc- ing the incom tax surcharge in
cal warprotests that use of even this Congress," Rep. Al Ulman WASHINGTON (1P)-Two of Sen. Bomstein was treasurer of a
casmild foliage-killing agents might (D-Ore) told Fowler. Thomas J. Dodd's benefactors tes- reception held in Washington on
ld oa in an m Fowler disagreed, and Ullman tified yesterday the money they Sept. 15, 1963. Dodd has acknowl-
lead to administration of more pressedahim a nomic helped to raise was for the Con- edged the affair raised $12,804.56,
deadly concoctions by both the pressed him as to what economic necticut Democrat to spend as he and has also confirmed that he
enemy and the United States. developments inspired the admin-netctDm ratosndshend aslocnfmdtate
Thisy ponth wasnaed lastep- istratiomnt r tohseekaqukend of saw fit-despite a resolution and gave Bomstein $750 in cash after
This point was argued last Sep- istration to seekdquick end of a letter linking the fund-raising the reception, as partial payment
tmber b22 scientissnncluding the invstmntcrditn suspenion,- to campaign activities. . on the loan.
seven Nobel Prize winners, who voted last October and original- t apinatvteo h on
wrote President Johnson deploring ly scheduled to continue until Jan. Sanford Bomstein, who runs a McNamara was an organizer of
use of chemicals in the war. They 1, 1968. Fowler replied it had al- Washington nightspot called "the a series of "Dodd Day" affairs
said it could open the door to ways been understood the credit Rocket Room," and Paul V. Mc- in Connecticut on Oct. 26, 1963.
wse tings. e h dwould be restored when what he Namara, a Bridgeport, Conn., law- Those events raised nearly $42,000
worse things, called a highly specialized boom yer, said they joined in a $7,500 which went into Dodd's testimo-
In response to questions Tues- in equipment orders had abated, loan to Dodd, and received partial nial bank accounts.
day, the Pentagon said chemicals "We are not here because of repayments after two fund-raising Bomstein said there was no ad-
used in the spraying operations any concern with the general econ- affairs on which they worked. vance discussion of the purposes
are neither harmful to human or omy," Fowler said. "We are here Dodd, who maintains that tes- for which funds raised at the
animal life nor do they sterilize because we feel some highly spe- timonial receipts were tax-free Washington reception would be
the soil against future vegetation. cial circumstances have changed." gifts, listened and jotted notes used. As it turned out, some of
Secretary of Defense Robert "I don't' believe there is any- as his two political allies testified the money wetnti for restaurant
S. McNamara told congressional body in this room that really be- at the second day of a Senate bills, Congressional Country Club
committees last month the deci- lieves it," Ullman replied. Ethics Committee investigation dues, football tickets and liquor.
sion on when and where to use Flushing deep red, the secretary hearing examining charges that Former Postmaster General J.
chemicals has been turned over to retorted: "All I can say is that Dodd diverted campaign funds to Edward Day was chairman of the
commanders in the field. is the reason. If you want to put his personal use. event, but Bomstein caid Day took
His remarks were made public a Bible in front of me, I'll swear Both Bomstein and McNamara no active role. "He gave permis-
Monday.-. to it." said they assumed the loan they sion to use his name," Bomstein
McNamara said commanders "in Ullman said he intends to vote made to Dodd, about Sept. 4, 1958, said. He said the vice chairman,
the area of South Vietnam" .can for the restoration of the invest- was for campaign purposes, but James Gartland, then an assist-
defoliate any time "they think it ment credit "because you must they acknowledged that Dodd ant to Dodd, was in charge.
will open up avenues of action think there is a serious threat of never said so, and they added that "We Dmade a statement that
that are otherwise unavailable to recession." it didn't make any difference to these funds could be used for any
them." Fowler told him, "Mr. Ullman, them. i sedforand
nur ose the senator sh desired. or
NEW ORLEANS, La. (MP-Perry
Raymond Russo, a witness for
District Attorney Jim Garrison,
testified at a preliminary hearing
today that Clay L. Shaw was one
of the three men he heard plotting
to kill President John F. Kennedy.
Russo, a 25-year-old insurance
salesman from Baton Rouge, said
he heard the conversation in the
apartment of David W. Ferrie in
September 1963.
Russo's testimony stamped him
as the "confidential informant"
cited by Garrison as the source
who "saw the conspirators and
heard the plans."
The witness described the scene
in Ferrie's apartment this way:
"There seemed to be some sort
of party in progress. They were,
drinking and talking."
The party died out, Russo said,
and the only ones left were him-
self, Ferrie, "Leon Oswald" and
"Clem Bertrand."
On the direction of Garrison,
Russo walked behind the chair of
Clay L. Shaw in the courtroom.
Asked to point out the man he was
introduced to as "Clem Bertrand,"
Russo held his hand over Shaw's
head.
Shaw looked straight ahead, im-
passive. The 54-year-old former
director of the New Orleans In-
ternational Trade Mart has denied
any part in a assassination con-
spiracy. He was arrested by Gar-
rison on March 1 and released on
$10,000 bond. Today's hearing was
to determine if sufficient evidence
exists to hold him for trial.
Russo identified a picture of
Lee Harvey Oswald as the "Leon
Oswald" he had met at the party.
Russo described the talk in Fer-
rie's apartment in these words:
"David Ferrie began the con-
versation after an excuse for my
being there. He began pacing back
and forth and talking to 'Bert-
rand' and Oswald."
" "These discussions centered
around how the assassination of
Kenedy would have to use div-
ersionary tactics."
Russo quoted Ferrie as saying
there would be two to three peo-
ple involved. One person would
shoot "diversionary shots," the
other would shoot what he said
Ferrie termed "the good shot." He
quoted Ferrie as saying one man
"would have to be the scape goat."
Russo described Ferrie as the
pilot in the plot. He quoted the
former private airlines pilot as
saying they would go to Mexico
and refuel "and to Brazil and then
to Cuba."
Russo said "Bertrand" inter-
rupted to say that as soon as the
shot was fired, "the world would
know about it," and they would
not be able. to get a plane out of
Mexico.
Russo testified that he knew
"Bertrand" only as "Clem Bert-
rand," not "Clay Bertrand." Gar-
rison had alleged that "Clay Bert-
rand" was an alias used by Shaw.
A New Orleans lawyer, Dean
Andrews Jr., told the Warren
Comission that a "Clay Bertrand"
telephoned him after the assas-
sination and asked him to repre-
sent Lee Harvey Oswald, named
by the commission as the lone as-
sassin of Kennedy.
Russo ,was first linked publicly
to the case two days after Ferrie's
death on Feb. 22. At that time he
told newsmen that Ferrie had told
him a month before Kennedy's
death that "we will get him, and
it won't be long."
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Thalidomide Makers Faced
With Negligence Charges
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TONIGHT!
Gilbert & Sullivan Society
presents
PATIENCE
Tickets on sale 9:00 to 8:00
LYDIA MENDELSSOHN THEATRE
AACHEN, Germany (A)-After a
five-year investigation, criminal
charges were filed Tuesday against
the makers of thalidomide, a
tranquilizer blamed for the birth
of thousands of deformed babies
around the world.
The state prosecutor, Heinrich
Gierlich, announced he has filed
charges of negligent and deliber-
ate causing of bodily injury and
negligent manslaughter against
nine officers and scientists of the
Chemic Gruenenthal Pharmaceut-
ical.Co.
The company declined to make
any comment, saying it would first
have to study the 972-page indict-.
ment.
The firm developed and sold
the drug in West Germany from
1957 until 1961 when an alarmed
pediatrician, Dr. Widuking Lenz,
spotted it as the possible cause
of a wave of congenitally mal-
formed babies. Puzzled by themun-
usually large number of such
babies, he checked 14 mothers and
found all had taken thalidomide
early in pregnancy.
Five days after the doctor 'made
his report to a medical conference
in November, 1961, the drug was
withdrawn from sale in West Ger-
many.
Foreign firms, which held li-
censes from Gruenenthal, soon did
likewise and within nine months
the wave of congenital malforma-
tions subsided,
Estimates of the worldwide
number of crippled babies run up
6,500, the figure compiled a few
years ago by an international par-
ents association. Gierlich gave the
figure of 5,000 at his news confer-
ence announcing the charges.
The top defendant in the case
is Hermann Wirtz, 70, president
and chief stockholder of the fam-
ily-owned company. The other
eight are executives and scientific
employes.
The defendants face maximum
sentences of five years in jail if
convicted. A decision against them
might also clear the way for heavy
damage claims. Damage suits by
parents and alleged thalidomide
victims are being held in abeyance
pending a decision in the criminal
case. Unofficially these claims are
estimated to total °$25 million.
No date for the criminal trial
has been set. Gierlich said it was
not expected before 1968. Appeal
to the Supreme Court could delay
au final decision until 1970 or
later.
DMZ Main Object
Main chemical spraying opera-
tions currently are directed into
western sections of the so-called
demilitarized zone, the six-mile
wide area separating North and
South Vietnam.
The object is to strip away the
natural camouflage and expose
infiltrating North Vietnamese sol-
diers to American artillery posi-
tioned just below the zone.
Air Force C123s with 1,000-gal-
lon tanks gave some areas of the'
zone a coating last fall. The thick
jungle canopies started getting a
new application Feb. 5 which will,
whither away the foliage sometime
next month.
The Pentagon said defoliation
"routinely improves" visibility in
jungle areas by up to 80 per cent.
No Longer Experimental
The defoliation effort advanced'
from the experimental stage in
early 1965 and the effects "are
consistent and highly predictable,"
the Pentagon added.
This is not, however, exactly the'
way McNamara described it.
"The defoliation is still a rather
primitive technique," McNamara
said. "It depends for its effective-
ness on the time of the year, the
type of foliage and on wind and
otherconditions in the area."
In addition to defoliation in the
zone, U.S. planes have spread crop
killers over tens of thousands of
acres of rice-growing areas known
to be dominated by the Commu-
nists.
Meanwhile, action in Vietnam
yesterday was confined to Viet
Cong shelling of Da Nang Air Base
and to Communist mortar attacks
on U.S. divisions near the Cam-
bodian frontier. No casualties were
reported in the Da Nang action,
while eleven American fatalities
were counted in the other Com-
munist offensive. Army sources
reported 29 Communist fatalities.
world News Roundup
___.____
By The Associated Press
WASHINGTON -The National
Aeronautics anc Space Adminis-
tration disclosed yesterday plans
to launch a Mariner spacecraft to
within 2000 miles of Venus next
June.
Dr. William H. Pickering, di-
rector of the Jet Propulsion Lab-
oratory, Pasadena, Calif., said the
vehicle would be aimed for its
closest approach to Venus next
October, on the dark side of the
planet, to allow accurate measure-
ment- of the magnetic weight of
Venus and its effect on the solar
wind.
WASHINGTON-Svetlana Stall-
na, daughter of the late Soviet
dictator Josef Stalin, has request-
ed political asylum in the United
States and the State Department
yesterday held open the possibil-
ity that she may yet come here.
Miss Stalina recently defected
from the Soviet Union.
* * *
NEW YORK-Two-thirds of the
teachers in a Bronx junior high
school resigned in a body yester-
day, claiming their classrooms and
hallways are a blackboard jungle
infested by unruly students.
Earlier, the teachers had gone
on strike and picketed the school,
protesting that "our morale is at
an all-time low." A Board of Ed-
ucation official, Nathan Brown,
said he would recommend that the
resignations be accepted.
Meanwhile, nearly 1300 children
stayed away from a Harlem ele-
mentary school again as their par-
ents promised to keep them home
until parents are given a share in
school administration.
jJtJb JAI bLU OUVIU, V
most any purpose," Bomstein said.
It read: "By the unanimous con-'
sent of the maJority of the mem-
bers of' the D.C. Committee. for'
Dodd, it was authorized by' this
committee, all bills pertinent to
activities by Sen. Dodd for print-
ing, travel, food and lodging be
paid by the treasurer. It is further-
more authorized that any activ-
ities pertinent to public relations
for Sen. Dodd, such as radio or
television time, can also be paid
by this committee."
Sen. Wallace Bennett, (R-Utah),
vice chairman of the ethics com-
mittee, said that sounded like an
authorization for campaign, not
personal, spending.
Bomstein disagreed, asserting
that he "tried to establish a record
that would give Sen. Dodd the
right to use these funds for any
purpose, he so desired," Bomstein
said. "But I did not use the cor-
rect terminology."
ARRANGE
19 UNION LEADERS
From the
Communication Workers of America
Will Meet with Students and Faculty
AT NOON LUNCHEON-DISCUSSION
(LUNCH 25c)
GUILD HOUSE;
802 Monroe
WEDNESDAY, MARCH 15
-TONIGHT!
Gilbert and Sullivan Society
presents
PATIENCE
LYDIA MENDELSSOHN THEATRE
Tickets on sale 9:00 to 8:00a
2
CINEMA
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The University of Michigan
CENTER FOR
CONTINUING EDUCATION
OF WOMEN.
INVITES all women, returning women over 25,
part-time women students, and wives of stu-
dents, to the second in a series of four Discus-
sion /Coffees on "Women in School and at
Work."
presents
STEVE McQUEEN
JAMES GARNER
RICHARD
ATTENBOROUGH
JAMES COLBURN
CHARLES BRONSON
DAVID McCALLUM
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U of M Folklore
presents
Society
in
THE GREAT
ESCAPE
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