The Cincinnati Enquirer from Cincinnati, Ohio • 1

INCINNATI ENOUII SINGLE COPY jfll Home Delivered 6 Days 75e 1 134TH YEAR NO. 35 FINAL EDITION TUESDAY MORNING, IIAY 14, 1974 Cincinnati Desegregation fTTH suit By DAVID BAUER Enquirer Reporter The Cincinnati Board of Education is going to court on its own to settle the recurring Issue of school desegregation. As a result of action taken at its meeting Monday, the board will file suit against the U.S. Department of Health, Educatipn and Welfare (HEW) this morning in U.S. District Court.

THE SUIT CHALLENGES the right of HEW to withhold federal aid requested, charging it Is being done "for the purpose of coercing the board to abandon its policy of providing a quality integrated education to the children of Cincinnati through the maintenance of neighborhood schools, and for the purpose of coercing the board to overturn and restructure the system The governmenttal agency said the conservative's mostly voluntary desegregation plan approved January 14 "has served to delay, impede and obstruct Implementation" of the December 10 plan, and therefore the board was practicing discrimination and not eligible for the funds. The board, therefore, is asking the court not only to rule on HEW's denial, but also on the legality of the board's refusal to implement the December plan and on the whole question of the constitutionality of the neighborhood school concept. ALONG WITH ASKING the court for a declaratory Judgment that the board is entitled to the funds, the board is also asking that Judgments be issued: "Declaring that the decision of the board not to implement the December 10 resolution was not an of public education now in operation in Cincinnati." The board had applied for federal aid under the Emergency School Aid Act to assist in integrating the school district, however, in a letter to Supt. Donald Waldrip dated April 25, from the regional HEW office in Chicago, the request for $911,918 was 'denied. Much more important than the amount of money at stake, however, are issues raised in HEW's denial on which the court will be asked to rule.

The court's decision on these issues will determine the future of school desegregation in Cincinnati. HEW's primary reason for denying the funds centered on-the board's conservative majority's failure to implement the sweeping desegregation plan passed by the outgoing liberal board on December 10, 1973. act of unconstitutional discrimination, but was a decision the board had the right to make consistent with its policy of providing quality integrated education and that the plan adopted by the board on January 14 is entirely lawful and proper in all material aspects." "Declaring that the board had the right and duty assign pupils to schools under its jurisdiction at such places as will be convenient for the attendance of the largest number thereof and that the performance of such duty obligation does not violate the Constitution of the State of Ohio or the United States so long as such assignment Is carried out in good faith on a nondiscriminatory basis without regard to race." "Declaring that the compulsory assignment of pupils to schools solely on the basis of their race and economic status, as provided in the December 10 resolution and required by HEW, is discriminatory and violates the rights of the pupils and their parents under the 14th Amendment (equal protection) of the U.S. Constitution." The board is also asking HEW's requirement of assigning teachers on the basis of race before September 1975 and other actions as a condition for receiving the funds be declared "arbitrary, beyond the authority of HEW and contrary to federal law." In defending its position, t'he board argues in the suit that it "is under no obligation to implement the December 10 resolution and, indeed, is under a legal obligation not to implement it. The suit claims, as the conservatives have all along, that the December plan was not in good faith, was unclear and set forth conflicting objectives, was erroneous with respect to both fact and law and called for destruction of the neighborhood school concept as mandated by the Ohio Revised Code.

The board also claims in the suit that it operates the school system on "a nondiscriminatory basis, Board President Charles Lind-berg, along with the other four conservatives, Mrs. Virginia Griffin, Mary Schloss, Henry Kasson and Robert Braddock, voted to file the suit. Voting against the action were the board's only two remaining liberals, Ronald Temple and Robert Brown. Lindberg said the action was necessary, particulary since the National Association for the Advancement of Colored People (NAACP) and others have vowed to file suit against the board. It is now questionable whether any suit will be filed against the board until this action is settled.

Wiretap Ruling May Kill Narcotics Cases Evidence (C) New York Times Service WASHINGTON The Supreme Court ruled Monday that a group of narcotics sellers had been Illegally convicted in 1970 because the Department of Justice had obtained evidence against them with invalid wiretapping orders. Although Monday's decision involved only one case and a few defendants, it appeared almost certain to wipe out convictions of more than 600 other federal offenders, charged with various narcotics, gambling and racketeering charges, against whom the same kind of tainted evidence had been used. The high court agreed unanimously that evidence could not be used against a federal suspect if it had been obtained through a wiretap based on an application signed by the attorney general's executive assistant rather than by the attorney general himself, then John N. Mitchell. In a parallel case, however, the court voted 5 to 4 in support of wiretap applications that were in fact authorized by the attorney general but appeared to be signed by an assistant attorney general who i II ii in in i i ii ii ii win )i i win ii mm I pfJ' ''ill -f' is im.

limn ui miniiiii mmmMsJ GM Increases Prices By Average Of $105 Justices Lewis F. Powell Harry A. Blackmun and William H. Rehn-quist. Dissenting from the decision that the Wilson-signed authorizations did not result in tainted evidence were Associate Justices William O.

Douglas, William J. Brennan Potter Stewart and Thurgood Marshall. The decision may cost the Justice Department a substantial amount of money, as well as embarrassment at having bungled fiO cases. Federal law provides that anyone whose telephone is illegally tapped can recover SlOO a day in damages plus unspecified punitive damages and legal expenses. The principal case involved Dominic N.

Giordano, whose telephone was tapped for a month In the fall of 1970 after he had sold narcotics to an undercover agent. The application for the wire tap order was signed by Lindenbaum rather than by Mitchell or an assistant attorney general designated by Mitchell. WRITING FOR the majority, Associate Justice Byron R. White rejected the government's argument that the attorney general has broad power to delegate his authority, maintaining Instead that Congress had clearly specified that wiretap requests could only be signed by the attorney general or a designated assistant attorney general. BULLETIN Machinists Union members at General Elcctric's Evendale plant voted strike-calling authority to their bargainers Monday night in the event negotiations over grievances fail.

The union represents 1100 workers at GE. Clara Cash usually has only a few, frustrating days to reach her students at Hamilton County Juvenile Court detention center. Sometimes, she succeeds. See story page 16. The Weather Variable cloudiness today with a chance of showers tonight.

Mostly cloudy Wednesday. High today around 80. Low tonight, mid 50s. Air Pollution Index, 87, fair. Details, Map on Page 9 IM)EX Four Sect ions had actually not played any part in their preparation.

The effect of this ruling will be to preserve the convictions of another 807 federal convicts for whom Mitchell had authorized surveillance but whose papers incorrectly indicated that the authorization had come from Assistant Attorney General Will Wilson. IN THE FIRST CASE, all nine justices agreed that an initial authorization signed by Sol Linden- On Page 2: Roundup of Supreme Court action. baum, executive assistant to Mitchell, had not met the requirements for a wiretap order set by the Organized Crime Control Act of 1968. four Justices, however, did not agree with the majority that a extension of this order and two related orders to record numbers dialed from a given telephone were also improper. They were chief Justice Warren E.

Burger and Associate While Ford immediately raised prices the full $150, GM's base price increase, at the wholesale level, was smaller at that time. A spokesman for the Cost of Living Council said that their figures indicate the GM boost is still under the $150 agreement. James W. McLane, deputy director of the Cost of Living Council, said the agency is "pleased with the restraint being shown by one of the country's largest corporations." The council made decontrol agreements with several hundred firms which called for either price restraint or supply boosts in return for being freed from wage and price controls. The council's authority to enforce mandatory curbs lapsed at midnight April 30, however, and its agreement with Ford unravelled soon after.

Ford claimed that an escape clause in the December agreement permitted it its $113 price increase. Chrysler also boosted its prices by $99, but was not party to the agreement with the Cost of Living Council. GM Chairman Richard C. Ger-stenberg said the company's cost Increases "would justify a far greater Increase," but the company felt an obligation to "continue to co-operate with our government's efforts to control inflation. Mann Picked; Fight Hinted For Mayoralty By MARGARET JOSTEN Enquirer Reporter Vice Mayor William J.

Chenault indirectly signalled his intention to fight for the mayoralty in announcing Monday that David Mann, a Democrat who finished 13th in the last councilmanic race, will fill the vacancy on Cincinnati City Council. After reading a statement praising Mann's vote-getting and other talents, Chenault parried questions in a news conference on the newest and hottest subject in City I lall. Twice he all but admitted he expects to step into the top job when Major Theodore M. Berry's term ends December 1. Chenault said in answer to one question that the Charter-Democrat-Coalition agreement on a split mayoralty should not be changed.

If it is not changed, Chenault, as senior member of the three Democrats on council, would become mayor. Another time he told a questioner he saw no reason why his divorce proceedings should hurt him as mayor. "It didn't bother Rockefeller (Nelson Rockefeller, former Republican governor of New York)," he declared. "Of course I can't begin to compare with him (Rockefeller). I'm just a poor guy." Any push by Chenault for the mayor's job could be expected to set off a violent fight within the coalition.

The Charterites have indicated they simply will not have him as mayoi1 and some observers believe they may split up the politically successful coalition with the Democrats if necessary to keep him out of that post. Democrats had hoped that Vincent H. Beckman, former city councilman and former county commissioner, might accept an appointment to council if Chenault would make it. Beckman, with the stature seen as necessary to the top job, probably would have been named mayor immediately. Chenault emphasized in his discussion of Mann's selection that he had consulted on the appointment with Democratic Party leadership as well as others in the party.

"There has been no discussion about who will be mayor," he said at one point. "We're taking one thing at a time." "I am sure that all members of the coalition will applaud the appointment of David Mann as a member of the team because he is, in short, the kind of broad-gauged, well informed, thoughtful, sensitive and bright individual who can more than hold his own on city council," Chenault said. Mann will assume the seat vacated by the resignation of Gerald N. Springer, Democratic mayor-designate until he became involved In a sex scandal. Springer's resignation was accepted by council last week after Chenault refused to reappoint him to his old seat in the face of adverse public opinion.

With Chenault and Mann for the announcement was Councilman James Cissell, appointed to council just a few weeks ago to replace Rep. Thomas A. Luken (D-Ohio). WHEN THE DEMOCRATS were unable to agree on a replacement for Luken, party leaders held a "mini convention" and chose Cissell. Mann ran second in that competition, which, according to Chenault, was a consideration in selecting him to the latest vacancy.

Mann, who has served as a member of the Cincinnati Board of Health, emphasized his admiration of the coalition and said he was enthusiastic about sharing in its work. He said he expected to work in support of the goals of the city's neighborhoods. (C) Washington Post WASHINGTON General Motors the nation's largest automobile maker, announced price increases averaging $105 a car Monday. The Cost of Living Council, which last week sharply rebuked GM's competitors Ford and Chrysler for price increases, Monday praised GM for its "restraint." The council said that General Motors wholesale price increases are still within the limits GM agreed to last December in return for being freed from wage and price curbs. General Motors said Monday that its wholesale base prices would increase an average of $41 a car, and option and destination charges would increase an average of another $43 a car.

The retail price of the average GM automobile would increase $95 for base price and options, plus another $10 for "destination" or shipping charges. General Motors, in announcing the price increase, said it is an "amount within the agreement on price restraint it made with the Cost of Living Council last December." THAT AGREEMENT restrained GM and Ford from raising the wholesale base price of their automobiles by more than $150 a car. Assignment What Do I KATHY STERLING, five who visited Cincinnati Monday from Hamilton, Ohio, was caught in a moment of indecision on the steps of the U. S. Post Office and Courthouse, Fifth and Main Sts.

She walked out the door but instead of going down the steps, veered out onto the balustrade alongside them. Then she found it was a four-foot drop to the sidewalk. What to do? What she did do Is shown on Page 13. Enquirer (Gerry Woller) Photo Do Now? Claims It Was he thought he rated a Dash Onto Outfield BY GEORGE HAHN Costs Student $100 Graham 5 Horoscope 9 Horse Sense 46 Jumble 31 People 3 Races 29 Society 17 25-29 TV-Radio 10 Van Dellcn 19 Weikel 13 Women's 16-19 Word Game 18 Action Line 46 Bridge 9 Brumfield 5 Business 20-24 Classified 32-45 Columnists 5 Comics 30 Crossword 46 Dear Abby 16 Deaths 32 Editorials 4 8,9 B-plus. "I would have various safety officials when one of my students Jumped 45 feet out a window onto four mattresses.

He suffered bruises," instructor Jewett said. "You have to start breaking down your personal inhibitions in order to realize your true potential as an artist." While Ater was not sentenced to jail, his instructor apparently had anticipated he would be. Said Jewett, "Serving time in jail should add to his total experience." Jewett said he would "see what I can do to lessen the financial impact" of Ater's project. Asked if he thought It wrong to interrupt a baseball game and break the law, Jewett replied: "I don't look at baseball as a life or death situation. I'm not worrying too much about breaking that kind of law." Enquirer Reporter An Ohio University student, 19, said in Hamilton County Criminal Court Monday that he ran onto the Riverfront Stadium during Saturday night's Reds' game as an assigned "street-art project." Judge Rupert Doan convicted the student, John Ater, Chesapeake, Ohio, of criminal trespassing and gave him a grade of $100 plus costs.

Said Ater in court "I have a problem of being shy, so my classmates, dormitory roommates and friends each contributed $1 for a total of $25 for me to do it. "I've read where stripteasers and exhibitionists have gotten away with similar attempts." Ater was asked by Judge Doan If he would get a grade for his "project" and said gotten an A if I had made it all the way across the field." "I don't want to Interfere with academic pursuits or expression," Judge Doan said, "but I find your actions to be a little far afield." CONTACTED by The Enquirer, Wayne Jewett, an instructor in the College of Fine Arts at Ohio University, confirmed that Ater's dash across the ball park was part of an assigned art class project. "I asked everyone In the class to go out and do something that's public and tough for them to do something that's embarrassing," Jewett said. "We had one girl dress up like she was pregnant and walk around the streets and another impersonated a fat person, for Instance. "Last year we had a bit of a hassle with Local and Area News Pages 13,14,15 Kennedy Series Page 12 Skyward Advertising results always look up In Enquirer Classified.

R. Egbers received fast skyward results. He sold his motorcycle the first day his ad appeared In the paper. Make your advertising results take off. Call 421-6300 for Classified..