The Montgomery Advertiser from Montgomery, Alabama • 1

The Weather Montgomery: Partly cloudy and not quite so hot through Thursday night. Widely scattered thundershowers mainly during the afternoon and evening. Predicted high 90, low 68. Wednesday's high 95, low 70. (Details, Weather Map On Page 2.) 136th Year-No.

213 NEWS FLASHES Direct From Newsroom Of Advertiser-Journal By Telephone Dial 265-8246 Fill Day, NI(M SorxUj Serrtea By Tlu Asioc latrd Preu Montgomery, Thursday Morning, September 5, 1963 76 Pages Price 5 Cents One Killed In Bombing rked. After School Racial Barriers Toppled -Soa JL a NO INCIDENT At Least 16 Others Hurt In Outbreak 'Hands Off Policy Taken By Wallace By BOB INGRAM BIRMINGHAM Two Negro Negroes Mix Mobile High By STAN ATKINS MOBILE (AP) Racial barriers in Mobile public schools were lowered Wednesday as two Negroes quietly registered for admission to previously white Murphy High School. Henry Hodbv. 17, and Dorothy Bridget Davis, 16, were enrolled at me i 1 i V' t. r-: i 'I i i POLICE PULL ON ROPE BARRIER AS DEMO NSTRATORS ATTEMPT Incident Occurred At Birmingham's Graymont Elementary School Where 2 -AP WlrfphoU.

TO CRASH THROUGH Negroes Were Admitted Turned ALLACE PREFERS Teachers Away In By JOE SMEDLEY Assistant State Editor TUSKEGEE About 20 teach. ers were turned away by state troopers Wednesday when they attempted to enter Tuskegee High School. The teachers approached the campus and requested entrance to gather personal belongings. No students white or Negro appeared in the area. The campus, surrounded Tues day by a cordon of 200-plus state troopers, was virtually deserted except for a remaining force of 25 patrolmen.

Others were pulled away Tuesday afternoon to Birmingham where schools were to be desegregated. Guidance Director Mrs. Mary Leonard Preer gained entry at the request of school Supt. E. W.

Wadsworth, who told troop ers that her position there "did not relate to teaching." She said that her reason for entering was to complete a backlog of filing and clerical work. The struggle to enter 13 Negro students Monday in Tuskegee High School split the city into two factions: one in support of keeping the school open and a second in favor of closing the school and setting up a private one. ADVERTISER TODAY Page 28 17 4 24 30 17 2 8-9 .29 2 David- 4 Class. Ads Comics Crossword Editorial Food News Legal Ads Markets Movies Obituaries Society Sports TV Logs Weather Map Columnists: son, Tully Lyons, Quick Police Couples Seek Mixing End In U.S. Suit BIRMINGHAM (AP) Three Birmingham couples with chil dren in schools ordered integrated Thursday filed a federal court suit late Wednesday asking for an injunction to keep the schools for white pupils only.

Attorneys for the parents took the petition to U.S. District Judge Scybnurn Lynnc, who denied it on the ground he did not have jurisdiction. The original proceedings now are on appeal in the 5th U.S. Circuit Court of Appeals, and the attorneys anticipated the judge's ruling. But the filing was a necessary step preliminary to taking their own petition to the appeals court.

Judge Walter P. Gewin of Tuscaloosa, who sits on the 5th Cir cuit Court panel, took the petition under advisement. He did not indicate when he would rule. The suit asserted that the integration previously ordered by the federal courts "will result in the physical presence of a relatively few Negroes in the public schools of the city of Birmingham at the price of totally disrupting and effectively destroying the education al process in those schools CHALLENGES COURT At the same time, Gov. George Wallace, whose office kept in close contact with attorneys pre paring the suit, issued a statement saying the case was drawn up "because of the violence which has been committed and the threat of violence which presently exists Wallace's statement said "the full resources of my office" were used in helping prepare the suit.

He challenged the federal court to "recognize its duty under the law and grant the requested relief." The request for an injunction was filed by a man and wife with two sons at West End High School; a couple with a daughter attending Ramsay High; and a third couple whose three chil dren are pupils at Graymont Elementary School. Those are the three schools singled out for the start of public school desegregation in Birmingham. Negroes actually registered Wednesday only at Gray-See COUPLES, Page 2) BIRMINGHAM (AP)-An explosion damaged the home of Negro leader Arthur Shores Wednesday night and a jeering Negro crowd swarmed through the area. One Negro was shot fatally in the outbreak and at least 16 other persons were taken to a hospital. The rock throwing crowd of Negroes poured onto the streets near the Shores home within an hour after the second blast there in less than three weeks exploded.

Police met them head-on, sealing off a five-block area and firing guns into the air. DEAD IDENTIFIED The dead man was identified as John L. Foley, 20, who was shot through the neck. University Hospital officials said it was not determined what kind of gun was used. Nor was there any word on the jrigin of the fatal shot.

He died at University Hospital shortly after the outbreak occurred. At least one other Negro Aas shot. A hospital spokesman said the others appeared to have been hit by rocks. Several policemen also were reported injured, none seriously enough for hospital treatment. At 11 p.m.

Police Sgt. H. T. Barron said the crowd was un der control. Newsmen still heard 500'600 Guardsmen Alerted By Wallace BIRMINGHAM (AP) Gov.

George Wallace Wednesday ordered 500 to 600 National Guardsmen alerted for possible duty in Birmingham in the wake of new racial violence. The announcement came fi'ovi members of the governor's staff who were already here because of a developing crisis over desegregation of Birmingham schools. But no Immediate action was taken to order the troops to duty. The announcement said a 1 1 other guardsmen within 100-mile radius of Birmingham had been notified to be ready for a possible alert. They number approximately 2,500.

In addition, a force of 600 state troopers and other civilian state law enforcement officers were standing by. sporadic gunfire, but Barron identified it as coming from small caliber pistols fired by residents of the Negro area. Negro leaders joined with police to try to send the crowds home. They used bullhorns, urging the Negroes to disperse. 12-MAN LINES Police formed 12-man lines and ran along streets and sidewalks, pushing the Negroes, dispersing the crowd into small groups.

And as they ran, gun fire rang throughout the area. Fire trucks stood by. It was the second explosion at the Shores home, but no one was hurt in either case. Tonight the Negro attorney, his wife and his 17-year-old daughter were home when the blast went off. It also was the second time a crowd had burst into the streets after a blast.

In the earlier incident, it took police three hours to disperse the angry crowd of Negroes. No arrest has been made in (See RIOT, Page 2) two white children registered a year ago, but never appeared for classes. Total enrollment for the school, which goes through the eighth grade, was 130. Thus Huntsville became the first city in Alabama to have an integrated elementary school public or private. Two Negroes each enrolled Wednesday for classes in previously white public schools in Mobile and Birmingham, but none actually attended classes.

Four Huntsville white public schools are scheduled to tpen on an integrated basis Friday. They were to have begun classes Tuesday, but postponed opening at the request of Gov. George Wallace who said he wanted to present violence. boys broke Alabama's public school segregation barrier here Wednesday. The break came without interference from Gov.

George C. Wallace. Yielding to pleas from city officials, Wallace removed himself entirely from the Birmingham stituation. As the historic event unfolded rainy weather, more than 600 State Troopers ordered into the city Tuesday sat idly in their hotel rooms. Wallace's unexpected failure to make some move to block the race-mixing was as much a topic of discussion here as the inte gration developments themselves.

For several days it had seemed evident that the governor planned some defiant action in Birming ham to prevent the admission of the Negroes into the white schools- The delayed opening of schools in Tuskegee and Huntsviue fo cused added attention on Birming ham; then came the small army of State Troopers; and finally, Press Secretary Bill Jones' comment on Tuesday that Wallace's! i i im TOivtitrrliorM "mill i i ii a xiii UUU511CU11 vy 111 1 speak louder than words." HOWLING CROWD Wallace remained in Montgomery Wednesday, and he authorized an aide to say that he would continue "to fight this integration." Later Wallace said the enrollment of the two Negroes was "just the first inning," and added "we haven't come to bat." But absolutely no hint was forthcoming as to what action, if any, Wallace proposes to take. The consensus was near solid in Birmingham that the gover nor, despite earlier plans to the contrary, had retreated in deference to the local officials. The first crack in the state's public school racial wall was not without incident. A howling crowd of some 150 demonstrators momentarily threatened to get out of hand at Graymont Elementary School where Dwight and Floyd Arm strong were enrolled but prompt and efficient work by city police and sheriff's deputies, aided fur ther by a sudden downpour of (See BIRMINGHAM, Page 2) SUM- WIXXER Judy Short, Miss Alabama in the Miss America Pageant, holds the trophy she won Wednesday night in the swim suit division. Judy's meas urements were given as 36-22-36.

AP Wirephoto County School Board offices about three miles from the high school. The Negroes did not go Murphy, where registration was conducted for white pupils. There was no indication when the two will begin classes at Murphy. A half-day session is set for Thursday and the school will swing into a full schedule of classes Friday. DELAY REQUESTED The two were registered for the 12th, or senior, grade under mandate of the 5th Circuit Court Appeals ordering immediate start of integration of the school system.

The chairman of the Mobile County Citizens Council, Charley1 Shinn, released a copy of a tele gram to the school board urging that the Murphy opening be de laved. The telegram said: "The Mobile County Citizens Council requests that you delay opening of Murphy High School for one week in order to give all parents ample time for trans ferring their children to an all white school or to a private school. "We are also asking Gov, George Wallace for his assistance this matter." School officials declined comment on the request. Registration of the two Negroes was accomplished smoothly and with dispatch. They were driven in a cab to the front entrance of the school board offices in historic Barton Academy near the downtown business district.

There were no spectators other than newsmen and cameramen. The Negroes were inside the build ing approximately 25 minutes dur ing the registering process. POLICE OFFICIALS Two motorcycle patrolmen were; stationed at one corner of the building. Several high police of ficials were seen across the street. Barton Academy, completed in 1836, housed the first public school in Alabama history.

The courses of study the two signed up for included a required subject, "Problems of Democ racy." Murphy High, with an estimated enrollment of more than 3,200, is the largest of the 93 schools in the combined city-county school system. The system is the largest in Alabama, with total enrollment estimated at about 78,000 pupils. Louisianians Cheer Speech By Wallace BATON ROUGE, La. (AP)-Gov. George Wallace of Alabama, speaking over a long distance telephone hookup to a states rights banquet Wednesday night, said people throughout the nation "are looking to the South to restore sanity to the American governmental scene." Nearly 400 persons attending the $10-a-plate dinner of thel Louisiana Committee for Free Electors cheered Wallace repeat-l edly.

"I'm with you in heart and spirit," Wallace said. Here Alabama, as you know, we have another example of the federal government trying to take over our school FREE ELECTORS Wallace cancelled his scheduled personal appearance at the banquet because of the court- ordered desegregation of Alabama public schools at Birmingham, Mobile and Tuskegee. Speaking from the governor mansion in Montgomery, Wallace urged Louisiana to choose free electors in the next presidential election He said Alabama umilH that Alirco "We feel that people are awakening to this all over the coun trythis arrogance in Washington," Wallace said. "When some of us Southerners go into Ohio and New Jersey and elsewhere we'll find millions of supporters who know that crowd in Wash ington has prostituted the Con- stitution." in a Legislature's '63 Session Ends Friday By FORREST CASTLEBERRY The Alabama Senate threatened with a filibuster that may require another special session will meet at 12:01 a.m. Friday for the final day of the Legis-lature's 1963 regular session.

The House will meet at noon about 12 hours later. Virtually, all attention will be focused on the Senate because a deadlock there threatens defeat of four major bills which, if not broken, could force an extra session. The argument is over the or der in which 14 bills should be considered because that could well determine their fate and that of many otner measures still pending. PRIORITY CALENDAR Two opposing groups agree on the bills to be put on a special! priority calendar for initial con sideration among the hundreds of bills awaiting action. The administration dominated Rules Committee, obviously reflecting the views of Gov.

George' C. Wallace, wants considered first a proposed state constitutional amendment permitting Wallace and future chief executives to serve a second consecutive term. On the other hand, three Rules Committee members representing the views of a sizeable group of senators who have opposed or sought to amend many adminis tration proposals this year, want the "succession bill." as it isi called, listed 12th. Both sides have the congressional redisricting listed high, with administration forces having it second and the other group first. EXTRA SESSION The all-important general ap-l propriations bill is fourth on the administration list, third on that of the opposing group.

Whatever the order in which the major measures are considered, one or more filibusters could prevent everything, except probably local bills, from being considered. Failure to pass the general ap propriation bill is considered certain to require an extra session. It carries funds for general operations of state government for tne next two years. Although the matter has never been tested in the courts, it is assumed most, departments could not operate (See LEGISLATURE, Page 2) SCHOOLS OF AREA OPENING TODAY Most Montgomery children head back to classrooms, homework and all of the other happenings of a school year Thursday. All public schools in the city open at 8:30 a.m.

except Pike Road School, which will open at 8:30 a.m. Elementary schools will close Thursday about 9:30 or 10 a.m. and high schools about 11 a.m. Friday will be the first fuU day of school Catholic schools, three high schools and four elementary schools opened Tuesday. wwMMMmmmimmmmm wsmmmmmmmmmmmmmm WANTED 7 Chihuahuas The ad below brought 8 call: Dog sold to one party, pects are still lookina.

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Phone 000-0C00. Want to sell yours? Just Dial 264-4567 and place a 'Person-To-PersOn' Family Want Ad. 4 LINFS 1 WEEK $4 3 LINES 1 WEEK $3 2 LINES 1 WEEK $2 to of in Tuskegee The first group threatened to seek federal intervention in re moving Gov. George C. Wallace's troopers from Tuskegee.

The governor said in an execu tive order that he closed the school for safety reasons. The second group met in a closed-door session late Tuesday, after sending a telegram to Gov. Wallace stating their intentions of opening a private school and requesting information on obtaining student grants-in-aid. An Advertiser reporter at tempted to attend the meeting, held in an isolated spot on Union Springs road, but was met at the door by a guard who threatened bodily ejection if the reporter refused to leave. "This is a private meeting, on private land now get off the premises or else," the man said.

"Do you mind telling me your name?" the reporter asked. "None of your business," the man replied, starting toward the reporter. "Now if you don move The reporter got in his car and drove off. WAIT AND SEE County Solicitor Broward Sc-grest, spokesman for the group seeking to maintain the public school, said Wednesday that they have decided to "adopt a wait and see attitude." He said he was in touch with Justice Department officials Wednesday and they were taking the same position. Mrs.

W. T. Wadsworth, temporary chairman of the organizing committee for Freedom of Choice Schools of Macon County, said: "We believe that we are acting in the best interests of all peo ples for providing a school that parents may choose in lieu of an integrated school as prescribed by Alabama law." She declined to comment on what arrangements were made in the closed-door session Tuesday on organizing and financing the private school. Action Averts "I was sitting at the lunch counter when this guy came up behind me. He said, 'Do you know where you "Well I knew I was in the South, but I had to stop to think exactly where.

He grabbed me and, threw me up against this pinball machine and I naturally threw up my hands. GOING TO MIAMI "Then he hit me twice and knocked me down." Brisco's shirt was badly torn and spattered with blood, his eyes filled with disbelief and residual fear. The Kansas group is composed of high Central Kansas and were en route to Miami for a weekend ar TUNK TO TUSK' WASHINGTON (AP) Sen. Wayne Morse, in a Senate speech Wednesday, described Alabama Gov. George C.

Wallace as a "punk," and in answer the governor said: "I'd rather be a punk than a big mustachioed pink like him." In a brief speech In Washington dealing with Wallace's efforts to prevent integration of Alabama schools, Morse said the governor "is a disgrace to the great office he holds. The Oregon senator said In his part of the country Wallace could be described by ''the slang word punk." In Montgomery, Wallace said "that senatorial drip from Oregon has removed all doubt Hint he is a psychiatric case who desperately needs treatment. "Hps attack in which he insulted the people of Alabama by calling their governor a punk indicates that he need's his head examined. Sen. Morse cannot make up his mind whether he is a Republican or a Democrat.

Irrcgardlcss, he is a disgrace to whichever party he tries to embrace." Washington Keeps Mum On Alabama WASHINGTON (API The Justice Department remained officially silent Wednesday on de velopments which might have cheered it including the ad mittance o. two Negroes to a previously all-white school in Bir mingham, without state interference. Hours after school had opened in the Alabama industrial city, Edwin O. Guthman, official spokesman for Atly. Gen.

Robert F. Kennedy, told waiting newsmen "we're not going to have anything to say for now." And he suggested that there would be no point in waiting throughout the day for a statement from Kennedy. Top advisers among them Deputy Atty. Gen. Nicholas Kat-zenbach and Burke Marshall, assistant attorney general for civil rights, stayed close at hand.

Ken nedy kept abreast of develop ments by telephone with Joseph F. Dolan, Katzsnbach's assistant, who was on the scene in Bir mingham, and with John Doar, Marshall's top assistant whose station was in the capital if Montgomery where Gov. jeorge C. Wallace remained. A-J PUBLISHES FOOTBALL GUIDE The Advertiser-Journal's 15lh annual Coolti'ill fliiljn to Eh Advertiser.

Exclusive outlook stories on all of the 12 Southeastern Conference teams plus stories on some 70 high schools are highlighted in the 72 exciting pages. More than 100 pictures of football coaches, players are featured with the stories. Racial Trouble At Trailwavs All-Negro Catholic School At Huntsville Quietly Mixed Quick police action narrowly1 averted a racial explosion here Wednesday night when a Negro high school student riding an in tegrated bus was knocked down by a white man in the Trailway Bus terminal here. Police swarmed over the terminal in minutes after the 10 p.m. call alerted patrolmen.

Three Negroes were among some 50 members of the Argonne Rebels Drum and Bugle Corps Band from Great Bend, that made the stop here. "SITTLN'G THERE" A spokesman for the who identified himself as a Kansas attorney, but declined to give his name, said he asked the pro- "rietor if it would be all right if HUNTS VILLE, Ala. (AP) A dozen white children have quietly integrated a previously Negro Roman Catholic parochial school here in the first known desegregation of an elementary school in Alabama. The Rev. Mark Sturbenz, pastor of St, Joseph Mission which operates the school, confirmed Wednesday that 12 or 14 white pupils started attending classes Tuesday.

Registration was last Wednesday, Thursday and Friday. The pastor said that the children are offsprings of service personnel and other persons living in the area on the northwestern end of town. The city has a white parochial school, St. Mary's. The Rev.

Sturbenz said that the group ate there. He said he pearance. They are scheduled to was told it would be. Ireturn to Kansas Monday, after "We were just sitting there' traveling in 23 states, when these two fellows came in Lt. Frank Kennedy said the and grabbed Philip Brisco.

We! same spokesman declined to sign weren't bothering anybody," the a warrant against the two uni-spokesman said identified white men. Brisco gave this account of the' "I told him it was his choice incident: I (See TRAILWAYS, Page 2).