Chicago Tribune from Chicago, Illinois • 2

CHICAGO TRIBUNE, TUESDAY, DECEMBER 15, 1964 2 Section 1 charging or implying that the United States government was Court Upholds Heart of Civil Rights Law Flag of the Day WARNS COURT OPENS DOOR TO FIX MASSACRE TOLL IN CONGO WAR AT 20,000 to the founding days of the Republic, not to interfere." "The civil rights act of 1964, which figured yesterday in Su SOCIALIST U.S. Atlanta, Dec. 14 (UPD The Atlanta motel owner who fought the public accommodations section of the 1964 civil rights act in its first test warned today that the United States Supreme court' decision upholding the law opens the door to a socialistic state. Moreton Rolleston, owner of the Heart of Atlanta motel, said, "I've gone as far as I can," and apparently quit his legal battle to keep the-motel segregated. The business man, who is also an attorney, argued his case before the Supreme court in September.

Earlier he had turned away Negroes from the motel. During one demonstration Rolleston displayed a tear gas pen. The motel owner admitted Negroes after the civil rights law was enacted in July. Citizen's Liberty Dwindles Rolleston said the motel decision nullifies the rights and principles the Constitution was designed to perpetuate. "This decision opens the frightful door to the unlimited power of a centralized government in Washington in which the individual citizen and his personal liberty are of no importance," he said.

"It makes possible a socialistic state and eventual dictatorship. This is a sad day for the cause of individual freedom." The court found the public accommodations sections to be constitutional as applied to the Atlanta motel and a Birmingham restaurant, Ollie's Barbecue. A Gross Misinterpretation "We are shocked and sad in heart over this decision," said Ollie McClung who owns the barbecue restaurant with his son. "The right to own and use private property is basic to any system of democracy. The gross misinterpretation of the United States Constitution by this court can and will twist our Constitution to meet the ends they deem desirable." The McClungs had argued that their place did not come under the civil rights law because it is not on main highways as the motel is.

Another Atlanta restaurant operator, Lester Maddox, expected that today's decision would push him back into fed- as here applied, we find to be plainly appropriate in the resolution of what the Congress has found to be a national commercial problem of the first magni tude," Clark wrote. Earlier Arrests Nullified In other civil rights cases the court reversed the conviction under state trespass laws of a Negro in Rock Hill, S. and two Negroes in Little Rock, Ark. Clark held that lunch counters at which the sit-ins occurred were covered by the civil rights law. He wrote that "in effect, the act prohibits the application of state laws in a way that would deprive any person of the rights granted under the act." He said the supremacy clause of the Constitution requires this result "where 'there is a clear collision between a state and federal law or a conflict between a federal law and the application of an otherwise valid state enactment." He said there can be no question that the convictions "and the command of the civil rights act of 1964 are clearly in direct conflict." A Grave Question The four dissenting justices said Congress indicated no intention of making the 1964 act retroactive, and asserted that, even if it had, there would have been grave constitutional questions about the validity of its doing so.

Black said he thought one of the chief purposes of the 1964 civil rights act was to take such disputes out of the streets and restaurants and into the courts. He continued: "Even assum ing, however, that the civil rights act was intended to let people who enter restaurants take the law into their own hands by forcibly remaining wnen service is refused them, this would be no basis for holding that Congress also meant to compel states to abate con victions like these for lawless conduct occurring before the act was passed." Harlan wrote that the court's decision that the convictions must be set aside is "a remarkable conclusion that finds no support in reason or authority." White wrote that "if Congress had the power to abate these convictions I am confident it had no intent of exercising it by passing the new law." U. S. Grants Asylum to 3 Cuban Stowaways PARIS, Dec. 14 UP! Three Cubans who stowed away on a British ship bound for Communist China have been granted political asylum by the United States, American -officials said today.

The three men arrived Nov. 28 in Dunkirk, aboard the British ship Baxtergate. French authorities brought them to Paris and they were granted United States visas. (TRIBUNE Staff Photo) United States flag flying it A. B.

Dick company at 5700 Touhy Niles. eral court soon to answer contempt charges. Maddox, enjoined from operating his former Pickwick restaurant on a segregated basis, closed that establishment and reopened a segregated cafeteria under a new name. He said he has made a decision on what to do if he is cited for contempt of the previous federal order, handed down by District Judge Frank A. Hooper.

But he declined to say what the decision was. Maddox said he has been harassed by Federal Bureau of Investigation agents, who, he said, have been assigned recently to determine whether his customers are interstate travelers. He said he has lost much business because of this. Moral Right Vindicated The Supreme court also nullified approximately 3,000 sit-in arrests made before inactment of the law. Alexander S.

Looby of Nashville, attorney for eight civil rights demonstrators, including John Lewis, leader of the Stu-det Nonviolent Coordinating Committee, predicted the sit-in cases will be quietly dismissed as a result of the court's action. Roy Wilkins, executive secretary of the National Association for the Advancement of Colored People, said the sit-in decision shows that the court "recognized the justification for the acts of thousands of young people who exercised their moral right to equal service even before the civil rights law was passed. Motel, Cafe Lose Fight to Keep Negroes Out Continued from first page judge District court in Georgia that the law was constitutional and that the motel could not refuse to serve Negroes, Clark wrote: "We," therefore, conclude that the action of the Congress in the adoption of the' act as applied here to a motel which concededly serves interstate travelers is within the power granted it by the commerce clause of the Constitution, as interpreted by this court for 140 years. "It may be argued that Congress could have pursued other methods to eliminate the obstruction it found in interstate commerce caused by racial discrimination. But this is a matter of policy that rests entirely with Congress, not the courts.

"How obstructions in commerce may be removed what means are to be employed is within the sound and exclusive discretion of the Congress. It is subject only to one caveat that the means chosen by it must be reasonably adapted to the end permitted by the Constitution. We cannot say that its choice here was not so adapted. The Constitution requires no more." Clark said the legislative history of the law indicates that Congress based it on the equal protection clause of the 14th amendment as well as its power to regulate interstate commerce under the Constituton. One Basis Enough Clark said the court reached the conclusion that Congress possessed ample power to act under the commerce clause, and we have therefore not Surprise Gift TRIBUNE Staff Photo Neil Hughes and Brit Brit, The Tribune dog of the week at the Anti-Cruelty society shelter, yesterday became a surprise Christmas present for a 9-year-old boy.

Neil Hughes, son of Mr. and Mrs. John Hughes, 677 Linden Lake Forest, couldn't have been happier when he met Brit, a two year old Brittany spaniel, at the shelter at 167 W. Grand av. Neil's father adopted the dog in the morning after seeing Brit's photograph in yesterday's Tribune.

Then, in the afternoon, Mrs. Hughes took Neil, who has been at home recovering from the flu, to pick up the dog. Mrs. Hughes didn't tell Neil the reason for the trip into Chicago in advance, and the surprise made his first meeting with the dog even better. "We just love Brit," said Mrs.

Hughes, speaking for the whole family, that includes six children aged 2 to 13. I -4 wh British Say They Won't Talk with Rebels LONDON, Dec. 14 (UPD George Thomson, minister of state for foreign affairs, told parliament today that the Congo rebels have massacred an estimated 20,000 persons, 5,000 of them in Stanleyville. Thomson said that 27 British subjects still were in rebel-held territory. He rejected any suggestion of direct negotiations with the rebels.

"Can't Negotiate" "We cannot negotiate with a people who are in armed re bellion against the government we recognize as the legitimate government of the Congo," he said. Thomson emphasized that most of the rebels' victims have been Congolese. He said the non-Congolese victims included 18 Malaysian and 9 Indonesian rubber experts as well as a nun who was a British subject. At least four Americans were put to death by the rebels. Thomson said two Australians and one citizen of New Zealand, in' addition to the 27 British subjects, were believed still in rebel-held territory.

The advance of the Congolese army offers the best hope' for their safety, he said. Uncertain About Chinese Thomson declined to answer a question about the number of persons killed by Congolese troops and those accompanying these forces, presumably the white mercenaries of Premier Moise Tshombe. He said he did not have adequate information for a reply. He also lacks information as i to the role of the communist Chinese and other Communists in the rebel atrocities, he said. It is understood that there are a certain number of foreign arms" which are being used by the rebels the Congo which have entered thru various places on the border," he said.

But exact information we do not at this moment have." Throw Stink Bombs MUNICH, Germany, Dec. 14 (LTD German youths with Beatle haircuts threw stink bombs today outside a hotel while Congo Premier Moise Tshombe held a press confer ence inside. The youths also distributed communist propaganda leaflets denouncing Tshombe as a murderer. The -action was carried out by a dozen youths and some girls who styled themselves the action group of international solidarity. Tshombe left the hotel by a rear entrance.

At the press conference, he said he hoped to restore peace and order in the Congo and rebuild the country's conomy. Tshombe arrived in this Bavarian capital Saturday night. He was said to have asked for 5 million dollars in aid. Reports Youths Riot in East German City BERLIN, Dec. 14 (UPD A group of youths rioted last week at a Christmas fair in the East German city of Magdeburg, an anti-communist news agency reported today.

The agency, Information Bureau West, said East German police arrested five of the rioters. Heart of Atlanta motel, preme court ruling upholding of civil rights act. considered the other grounds relied upon." Clark discussed at some length the civil -rights act of 1875, which the court held unconstitutional in 1883. He said the court thinks the 1883 decision is not pertinent and is without precedental value in de termining the constitutionauty of the present act. He said the applicability of Title II of the present act is carefully limited to enterprises having a direct and substantial relation to interstate flow of goods and people.

"The fact that certain kinds of businesses in 1875, may not have been sufficiently involved in interstate commerce to war rant bringing them within the ambit of the commerce power is not necessarily dispositive of the same question today," he said. U. S. Growth a Factor "Our populace had not reached its present mobility, nor were facilities, goods, and services circulating as readily in interstate commerce as they are today." Clark added that the sheer increase in volume of interstate traffic alone would give dis criminatory practices which inhibit travel a far larger impact upon the nation's commerce than such practices had in the economy of another day." Clark said the act does not deprive the appellant of liberty or property under the 5th amendment. He said the only questions are whether Congress had a rational basis for finding racial discrimination by motels affected commerce, and, if it did, whether the means selected to eliminate that evil are rea sonable and appropriate." "If they are, appellant has no 'right' to select his guests as he sees fit, free from government regulation," Clark wrote.

There is nothing novel about such legislation. Thirty -two states now have it on their books. Some of these acts go back four score years. It has been repeatedly held by this court that such laws do not violate the due process clause of the 14th amendment." The court said it is doubtful whether appellant in the Pure an accomplice to the death of Dag Hammarskjold late U. N.

secretary general and even the assassination of President Kennedy! "Spectre of Conflict "Never have I heard such irrational, irresponsible, insult ing, and repugnant language in these chambers; and used to contemptuously impugn and slander a gallant and success ful effort to save lives of many nationalities and colors. "But even such a torrent of abuse of my country is of no consequence compared to the spectre of racial antagonism and conflict raised in this chamber. At a time when all responsible men and governments are trying to erase every vestige of racial antagonism, when racism has become an ugly word in all nations, we hear its ominous undertones in the U. N. The antidote for white is not black racism." -Wants Force Retained Earlier the council heard Mo-hamed Awad El-Kony, representing the United Arab Republic, charge that the rescue mission was "interference in the internal affairs of Africa." He called on the council to condemn the use of foreign mercenaries in the forces of the Congolese premier, Moise Tshombe.

The council adjourned until tomorrow. In another development, U. N. Secretary General Thant recommended to the council that the peacekeeping force on Cyprus be extended for another three months. Authority for the force expires Dec.

26. Thant reported "significant progress" in ironing out the differences between the feuding Greek and Turkish communities. Estimate of Cost The secretary-general estimated that the Cyprus force cost $15,700,000 for nine months. He said 31 governments had voluntarily contributed Of this amount, the United States provided $6,000,000. Spokesmen for the 115 U.

N. member countries continued policy statements in the general assembly, now in its 19th annual session. Polish Foreign Minister Adam Rapacki today proposed "a conference of all European states, with the participation, of course, of both the Soviet Union and United States," to examine the problem of European security in its entirety. Explains His Views "If it is deemed useful," he went on, "such a conference could be prepared initially by representatives appointed by the Warsaw treaty and North Atlantic Treaty organizations, and possibly, if so desired, by representatives sent on behalf of European states not belonging to the two groupings." India's foreign minister, Sar-dar Swaran Singh, urged an assembly resolution widening the present nuclear test ban treaty to take in underground tests. He said the nuclear device recently exploded by Red China was "fraught with dangerous consequences" that "may well a fresh, nuclear race among countries which admit tedly possess nuclear capability at the present time." HIGHEST COURT BARS HEARING FOR '59 KILLER The United States Supreme court yesterday denied a hear ing to William Witherspoon, 41, convicted of the April 29, 1959 murder of Police man Mitchell Stone.

Witherspoon was sen tenced to death ior me siay-) 71 ing. it Wither- witktrsMoa spoon's petition to the court contended that bis death sentence resulted from a confession which was unconstitutionally taken. Elmer Kissane, chief of the appeals division of the state's attorney's office, said he soon will go before the Illinois Supreme court to obtain a day for Witherspoon's execution. Black Muslims Denied Separate Prison Chapel. Trenton, N.

Dec. 14 (UPD A request by Black Muslems in the state prison here for a sep arate place of worship was turned down today by the New Jersey Supreme court on the ground that it would disrupt prison discipline. The court refused to interfere with a deci sion by the state prison board of managers, which had denied the request of the black supre macist group. Open 7 Days a Week! fat prtsIJeiTs walk superb food featuring dishes drinks of the presidents public accommodations section AP Wirephoto long run will suffer economic loss as a result of the act But it added that whether he does or not "is of no consequence, since this court has specifically held that the fact that a 'member of the class which is regulated may suffer economic losses not shared by others has 'never been a barrier' to such legislation." 1st Challenge of Law Clark said the court found no merit in the appellant's contention that the act violates his constitutional rights by forcing "involuntary servitude" on him. The Heart of Atlanta motel case was the first attack on the law.

It was instituted within hours after President Johnson signed the legislation in July. The case decided today involved Ollie's Barbecue, a family owned restaurant in Birmingham, 11 blocks from an interstate highway. The lower special court in this case held the law unconstitutional as applied to the type of business the restaurant is engaged in. The government appealed. In reversing the Birmingham decision the court noted that much had been said about the local nature of the restaurant's business, and went on to quote a previous decision in which the court held that "even if appellee's activity be local and tho it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce." Power Broad and Sweeping The court said the appellees objected to the omission by Congress of a provision for a case-by-case determination that racial discrimination in a particular restaurant affects commerce.

The same argument, the court said, was made against the fair labor standards act, and it was rejected by the court. As for the new law, the court said the power of Congress "in this field is broad and sweeping," and "where it keeps within its sphere and violates no express constitutional limitation it has been the rule of this court, going back almost Silk SL I 1 with FeminineVi Ruffles Vr VV fV I fr mm o1 'f will ft MS I CTL'Wi pAff WEDNESDAY. I I (7) w7 i 1 d3" wSk i i if TOASTY-WARM 1 GIFT Slfc-fe I 8 QUILTCOAT 'CC 1 ill I SIim I8V a 24 Vi I I I is Jt I I I- I 17" I Two piece silk, fully, lined, frilled with the flattery of ruffles at neckline and 1 .1 sieeves. iove mis soft effect on black, in 7P UOC3 XI tU iO, 17 95 nylon tricot, lined to y- maTcn ana inTenuiea wnn TiuTT-ugnT Noaei I polyester! Fully wash- I 1 -A iX i ri i Charles Cooper designs for cocktails or late-day in any hemisphere an overblouse, a matching silk flower blossoming at its neckline gently dropped over a flow of skirt Pebbly Roshanara crepe in Gardenia, or Larkspur. 8 to 14.

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