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 1 I 7 li l r '-) 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." t t r . i S a a a 1 s 1 ti Thalidomide Makers Faced With Negligence Charges '1. .f 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 11 I . r w ;.a: t. 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 i _ ................ . f U of M Folklore presents Society in THE GREAT ESCAPE Oft I : & 1,0% - -% v% - e%.w ii fi i! i lE I I