Evening star. [volume], May 17, 1954, Image 1

About Evening star. [volume] (Washington, D.C.) 1854-1972

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Weather Forecast
Fair tonight, low In the mid-50s. Tomor
row partly cloudy and cooler. (Details on
Page A-2.)
Temperatures Today.
Midnight..6s 6 am. ..61 11 a.m. —7O
2 a.m. —63 8 a.m. —6l Noon ..72
4 am. ..61 10 am. -.64 1 pm. —72
An Associated Press Newspaper
102 d Year. No. 137.
High Court Voids School Segregation;
Upsets Separate But Equal' Doctrine
Eisenhower Forbids Pentagon
To Tell of McCarthy Parleys
Probe Recesses
To Consider New
Course of Action
By Cecil Holland
President Eisenhowser today
formally banned disclosure of
high-level discussions and com
munications in the Executive
branch on the McCarthy-Army
controversy.
The order threw the investiga
tion of the controversy into a
Text of Eisenhower letter and Brownell
opinion. Page A-7
new uproar. The Senate Inves
tigating Subcommittee abruptly
recessed public hearings at 11:53
a.m. to consider the presidential
directive.
Acting Chairman Mundt, Re
publican, of South Dakota called
a closed meeting of the subcom
mittee to see what action should
be taken. He set the afternoon
public hearing for 3 p.m., an
hour later than the usual start
ing time to give investigating
Senators and principals in the
controversy opportunity for full
discussion of the order.
Senator McCarthy, Republican
of Wisconsin, said the order cre
ated "an unusual, almost unpre
cedented situation” and assailed
it as "drawing an iron curtain”
over vital evidence in the con
troversy.
Walkout Hinted. !
The Wisconsin Republican said
the presidential directive left him
at* loss as how to proceed with
the investigation. He did not in
dicate coarse he would take
If the ordfer stands, but there was
some speculation that he might
walk out of The hearings.
Senator McClellan, Democrat,
of Arkansas said the order would
bar the subcommittee from ob
taining evidence needed “to de
termine final responsibility” for
an Army report charging Sena
tor McCarthy and two of his
aides—Roy M. Cohn and Francis
Carr—with using improper meth
ods in seeking preferential treat
ment for Pvt. G. David Schine,
former subcommittee unpaid con
sultant.
The Eisenhower order, dated
today, was directed primarily at
barring disclosure of what went
on at a high-level Justice Depart
ment meeting January 21 at
which the Army-McCarthy dis
pute was considered.
Urged Preparing of Record.
Attorney General Brownell,
Deputy Attorney General William
P. Rogers, Presidential Assistant
Sherman Adams, United Nations
Ambassador Henry Cabot Lodge
and John G. Adams. Army coun
selor, were among those attend
ing the meeting.
It was at this meeting, the
Army counselor testified last
week, that Sherman Adams sug
gested the preparation of the
Army report, made public Marc.l
12, in the Schine affair.
Gen. Eisenhower’s order was
set out in a letter to Defense
Secretary Wilson and was trans
mitted immediately to Senators
investigating the controversy,
investigating the controversy. It
was accompanied by a 4,000-
(Continued on Page A-8, Col. 1.)
Senate Approves Bill
On Ford's Theater Work
The House today passed and
sent to the White House legis
lation requiring the Secretary of
the Interior to prepare an esti
mate of the cost of restoring
Ford’s Theater here to the con
dition it was when President
Lincoln was assassinated. The
resolution had previously been
approved by the Senate.
The House also passed and
sent to the Senate a bill to
amend the charter of the Co
lumbia Institution of the Deaf
and define its corjjbrate powers.
Star Want Ad Finds
Help in a Hurry
Mr. H. R. needed two experienced
carpenters in a hurry. He found
out the best way to find them wos
through an inexpensive ad in Star
Classified. He hired just the two
men he needed the first day the
ad appeared.
If you want to hire, buy, trade
or sell, tell the long-established
audience of Star readers about it. (
You’ll get quick action.
The Star publishes mare classified
•ds than the other Washington
newspapers combined because it
produces the best results. Just
phone Sterling 3-5000 and ask for
an taker.
Phone ST. 3-5000 ★ S
Dien Bien Phu Evacuees Tell
How Defenders Fought to Last
Wounded Flown Out of Fortress Report
De Castries and Nurse Were Unhurt
By the Associated Press \
HANOI, Indo-China, May 17. <
—The valiant Piench Union
defenders of Dien Bien Phu I
fought their Communist-led as- (
sailants furiously and without i
letup until all their ammuni- ]
tion was gone. <
Then, as one by one their guns
fell silent, they carried out Brig. I
Gen. Christian de Castries’ last i
order—“ Give up when you can j
no longer fight.”
This account of the fortress” 1
last hours on May 7 was given ]
to newsmen last night by three 1
badly wounded survivors of the
epic siege, part of the con- i
tingent of 11 casualties released :
by the Viet Minh rebels before <
the airlift evacuation was sus- i
pended Saturday.
At Hanoi’s overcrowded Lanes
san military hospital they said
both Gen. de Castries, their
heroic garrison commander, and
the only woman in the fortress,
Air Force Nurse Genevieve de
Galard Terraube of Paris, both
were captives of the Viet Minh.
Neither was wounded, they said.
Reda Shell Bunkers.
All three men lay badly
wounded with some 1,400 others
in the battered, shell-torn fort
ress’ underground hospital while
Secret Geneva Talks
Ensnarled Over Aid
To Fort's Wounded
West Protests Failure
To Let Viet Namese
Leave With Others
By the Associated Press
GENEVA, May 17. The
Geneva conference went into se
cret sessions on Indo-China to
day with the Western powers en
snarled in a dispute with the j
Communists over evacuation of
the wounded at Dien Bien Phu.
The West maintains that the
Communist-led Viet Minh origi
nally agreed to the removal of
all French Union wounded from
the captured garrison, including
Viet Namese. But a broadcast of
the Viet Minh radio, heard in
Saigon, said the Viet Namese
wounded were not being evacu
ated.
Anthony Edene, Britain's For
eign Secretary, was reported
planning to put before today’s
meeting a letter he received, as
one of the co-chairmen of the |
Indo-China talks, from the Viet !
Minh foreign minister, Pham
Van Dong.
Letter “Completely Negative” !
Mr. Dong’s letter, described by
a British spokesman as “com- !
pletely negative,” was quoted as i
saying the evacuation question
was “already being satisfactorily
dealt with” by the field comman
ders of both sides in Indo-China.
The Western powers and the
three Associated States of Indo-
China—Viet Nam, Cambodia and
| Laos—had felt they had a firm
promise from the Communists
that all seriously wounded pris
oners would be permitted to
leave without regard for na- :
tionality.
After a week of general debate j
on Indo-China the delegates got!
down to concrete negotitions in
secret today.
These sessions were limited to
the chiefs of the nine delegations
participating, plus three advisers
each. They were not to be re
ported to the press in ‘briefings
such as are held after conference
plenary sessions.'
Molotov Challenge Seen.
Soviet Foreign Minister V. M.
Molotov indicated in a speech
Friday that he was prepared to
challenge the Western demands
for a military truce without.
i political strings attached. He !
! said a cessation of hostilities
would be impossible without
some political agreements in ad
| vance.
The Western powers were re
ported determined to take a
tough position on this issue.
United States Undersecretary of
State Walter Bedell Smith,
French Foreign Minister Georges
Bidault and British Foreign;
Secretary Anthony Eden worked
out their plans in private talks
over week end.
She ItimitM
V J y y ’WITH SUNDAY MORNING EDITION L/
WASHINGTON, D. C„ MONDAY, MAY 17, 1954-FORTY-SIX PAGES. SSLJgg*.5 CENTS
the rebels swept over in the final
engulfing blows.
His right leg badly shattered
by Viet Minh fire, Pfc. Marcel
Champougny of the Department
of Oise, said he thought the last
hours of fighting would never
end.
“It seemed like there were
thousands of shells and machine
gun bullets hitting against the <
hospital bunker.
“Some of them buried some of
the wounded alive as the Viet
Minh just fired over everything
they had.
“From outside we could hear
the wild screaming of the Viet
Minh and the answering cries
of the French as everybody
fought viciously, hand to hand.
"At times a soldier would
tumble into the hospital bunker,
badly wounded, and say he was
out of amnunition.”
That was the way every de
fender fought, said Pvt. Cham
pougny—until he no longer had
anything to fight with.
Shooting Dies Out.
“De Castries’ last order to the
men in his bunker,” Pvt. Cham
pougny continued, “was ‘give up
when you can no longer fight.’
(See FORTRESS, Page A-3.)
Costello Gets
5-Year Term ,
$30,000 Fine
By the Associated Press
NEW YORK, May 17.—Rack
eteer Frank Costello, 63, was
sentenced today to five years In
prison and fined $30,000 for in
come tax evasion. He also was
assessed the cost of his trial,
which ended last Thursday after
| six weeks.
Costello was convicted on
three counts of having evaded
payment of $39,015 in Federal
income taxes from 1947 through
1949.
He was sentenced by Federal
Judge John F. X. McGohey.
The racketeer could have re
ceived up to 15 years imprison
ment. ~
Costello, whose hoarse voice
became familiar to millions dur
ing his televised testimony be
fore the Senate’s Crime Investi
gating Committee, has been in
jail twice before: 10 months on
a gun charge 39 years ago. and
14 months for contempt of the
Senate Committee in 1952-53.
A native of Italy who came
to the United States at the age
j of 4, Costello also faces a depor
i tation action.
i
Secretary Wilson Meets
Rhee at Seoul Home
By tho Associated Press
SEOUL, May 17. Defense
Secretary Charles E. Wilson and
several top - ranking . United
States diplomatic and military
officials conferred briefly today
with South Korean President
Syngman Rhee.
Mr. Wilson is making a three
! day visit to “do a lot of listen
| ing and very little talking.” He
had met the South Korean Presi
; dent in 1952 with then President
elect Eisenhower.
Mr. Wilson was'' accompanied
i to President Rhee's mansion by
Thomas Gates, Undersecretary
of the Navy; Gen. John E. Hull,
U. N. Far East commander; Gen.
Maxwell D. Taylor, United States
Bth Army commander; United
States Ambassador Ellis O.
Briggs and Special Ambassador
i Arthur H. Dean.
Building at Rockville
Slides Into Excavation
A one-story building collapsed
and slid into an excavation in
Rockville, Md. yesterday.
The concrete block structure
was ograed by Samuel Chmar,
Montgomery County police re
ported. It was used as a ware
house for Mel’s grocery.
Police said the building col
lapsed when the ground next to
ian excavation gave way about
2:30 am. The 15-foot excavation
on Commerce lane was for the
basemaftit of a new drug store.
French Serve
Ultimatum on
Red General
Threaten to Bomb
'Hospital' Route He
Is Using for Troops
By the Associated Press
HANOI, Indo-China, May 17.
—The French announced today
they would resume bombing of
the Communist-led Viet Minh’s
70-mile “hospital corridor” un
less the rebels agreed to repair
the Dien Bien Phu airstrip so
evacuation of French Union
wounded can be speeded up.
A French high command
broadcast to Communist Gen.
Vo Nguyen Giap gave the rebel
commander until midnight to
night to accept the ultimatum.
Otherwise, the French said, they
would resume all-out air at
tacks on the rebels streaming
eastward from the fallen fort
ress toward the vital Red River
delta.
Only 11 of the French cas
ualties were evacuated from Dien
Bien Phu before the French sus
pended their airlift by helicopter
and single-engine planes Satur
day and pressed for repair of the
airstrip.
Little hope was held here Gen.
Giap would agree to the new
French demand. Instead French
sources believed he would speed
up the flow of troops and war
material they say he Is sending
over the 70-mile stretch of high
way to Son La. The French
had stopped bombing the road
so Viet Minh wounded could be
removed from Dien Bien Phu.
But they charge the wounded
were only a Communist pretext
to get safe passage for their
combat legions which overran
the fortress.
Air Force Set to Attack.
The French air force readied
all its available fighters and
bombers in North Indo-China for
new massive assaults on the east
ward-moving rebels if the ulti
matum is refused. The French
high command fears the delta
and Hanoi will be the target of
the next big Viet Minh assault,
perhaps in June.
The Viet Minh had agreed to
let 783 “seriously wounded”
French Union troops be removed
from Dien Bien Phu. The French
said to handle that number in
helicopters and small planes
would take a month, and they
figured Gen. Giap in that period
could bring all of his battle
tested forces into position for an
attack on the delta.
The highway to Son La is the
main rebel route from Dien Bien
Phu. East of Son La are sev
eral alternate routes to the delta.
The French have* kept up their
air attacks on these roads.
Viet Minh Reject Proposal.
Two French army officers who
flew to Dien Bien Phu yester
day reported that the Viet Minh
refused their proposal that gangs
of soldiers or coolies be put to
work filling in all the trenches
and shell-holes pocking the
4,000- foot runway.
Reliable sources in Saigon
said the French had demanded
they be allowed to set up con
trols on the Dien Bien Phu-Son
La highway to prevent move
ment of other than rebel
wounded, but Gen. Giap re
fused.
The French had charged
earlier than Gen. Giap had re
fused to release any Viet Na
mese wounded along with the
other French Union troops,
though Soviet Foreign Minister
V. M. Molotov had agreed spe
cifically to this in Geneva.
The French feared the Red
(See INDO-CHINA, Page A-3.)
Boy, 12, Learns Hard Way
Why Autos Have Brakes
Learning the hard way, a 12-
year-old boy discovered yester
day why Detroit builds brakes on
automobiles.
Driving an automobile be
longing to a friend of his moth
er, he turned off Twenty-fourth
street onto Quincy street NJ&.
and hit an oncoming car.
Then he jumped a curb,
crossed a lawn and crashed into
a porch. Back In the street, he
... But They Have So Many Pawns!
Text of High Court's Decision
Affecting District Segregation
Following is the text,of the
Supreme Court opinion in the
District school segregation
case, read by Chief Justice
Warren :
This case challenges the
validity of segregation in the
public schools in the District
of Columbia. The petitioners,
minors of the Negro race, al
lege that such segregation de
prives the mos due process of
law under the Fifth Amend
ment. They were refused ad
mission to a public school at
tended by white children sole
ly because of their race. They
sought the aid of the District
Court for the District of Co
lumbia in obtaining permis
sion. That court dismissed
their complaint.”
Writ Was Granted.
We granted a writ of certio
rari before judgment in the
Court of Appeals because of
the importance of the consti
tutional question presented.
We have this day held that
the equal protection clause of
the Fourteenth Amendment
prohibits the States from
maintaining racially segre
gated public schools. The legal
problem in the District of Co
lumbia is somewhat different,
however. The Fifth Amend
ment, which is applicable in
the District of Columbia, does
not contain an equal protec
tion clause as does the Four
teenth Amendment which ap
plies only to the States.
But the concepts of equal
protection and due process,
both stemming from our
American ideal of fairness,
are not mutually exclusive.
The “equal protection of the
laws” is a more explicit safe
guard of prohibited unfairness
than ‘due process of law. 4 and.
therefore, we do not imply
that the two are always inter
changeable phrases. But, as
this court has recognized, dis
crimination may be so unjus
tifiable as to be violative of
due process.
1896 Case Cited.
Classifications based solely
upon race must be scrutinized
with particular care, since
they are contrary to our tradi
tions and hence constitution
ally suspect. As long ago as
1896, this court declared the
principle “that the Constitu
tion of the United States, in
its present form, forbids, so
far as civil and political rights
are concerned, discrimination
by the general government, or
by the States against any citi
crossed to the other side and
hit a tree. That stopped him.
His mother’s friend was with
him and forfeited $25 collateral
for permitting an unlicensed
driver to operate the car. The
boy. charged with colliding and
driving without a permit, was
released in parental custody.
No one was injured in the va
rious collisions. Total damage
was estimated at S7OO, divided
between the two cars and the
pmh.
zen because of his race.” And
in Buchanan versus Warley,
the court held that a statute
which limited the right of a
property owner to convey his
property to a person of an
other race was, as an unrea
sonable discrimination, a de
nial of due process of law.
Although the court has not
assumed to define “liberty”
with any great precision, that
terms is not confined to mere
freedom from bodily restraint.
Liberty under law extends to
the full range of conduct
which the individual is free to
pursue, and it cannot be re
stricted except for a proper
governmental objective.
Segregation in public edu
cation is not reasonably re
lated to any proper Govern
mental objective, and thus it
imposes on Negro children of
the District of Columbia a
burden that constitutes an ar
bitrary deprivation of their
liberty in violation of the due
process clause.
Due Process Denial.
In view of our decision that
the Constitution prohibts the
States from maintaining* ra
cial segregated public schools,
it would be unthinkable that
the same Constitution would
impose a lesser duty on the
Federal Government. We hold
that racial segregation in the
public schools of the District
of Columbia is a denial of the
due process of law guaranteed
by the Fifth Amendment to
the Constitution.
For the reasons set forth in
Brown versus Board of Educa
tion, this case will be restored
to the docket for re-argument
on questions four and five
previously propounded by the
court.
Silver Spring Man
Dies in Jersey Crash
Ralph E. Dewhirst, Jr., 21, son
of Mr. and Mrs. Ralph Dewhirst
of 9909 Dallas avenue. Silver
Spring, Md.. was killed today
when the car in which he was
riding overturned on Route 40
in Medford, N. J., police re
ported.
Medford Police Chief W. C.
Dendle reported the accident
occurred at the Medford traffic
circle shortly after midnight.
Police Identified the driver of
the car as Charles D. Nix. They
said Mr. Nix was injured In the
accident.
Young Dewhirst. a Navy
lithographer stationed at the
Philadelphia Marine Corps
Clothing Depot, was a graduate
of Montgomery Blair High School
and Rochester Institute of Tech
nology. His companion also was
in the Navy, police said.
Young Dewhirst’s father is co
owner of the American Printing
Co., at 808 H street N.W.
Duke Has Chicken Pox
ARUNDEL, England, May 17.
(JP). —The Duke of Norfolk, who
stagemanaged Queen Elizabeth’s
coronation last year, is ill with
chicken pox. The 45-year-old
Duke is in bed in his castle in
I——* \
Pretty Work Gloves
There’s a new fashion twist In work
glonres which means you can get them
embroidered, wear them with “popping,”
blue jeans or city cottons. Elenl, The
Star’s fashion editor, discovers this on
Page B-5.
New York Markets, Pages A-24-25
Dulles Renews Effort;
To Form United Front
On Southeast Asia
.Sees U. N. Intervention
As Needed if West
Is to Push Action
By John M. Hightower
Associated frost Staff Writer
Diplomats reported today that
American efforts to form a united ;
front in Southeast Asia are roll
ing again after weeks of con
fusion and hesitation during
which little progress was made.
Three lines of action are now
considered probable:
1. French Premier Joseph La
niel, in talks with United States
Ambassador C. Douglas Dillon at
Paris, is expected to present a
concrete proposition for Ameri
can intervention in Indo-China.
Mr. Dillon is said to have made
clear to Mr. Laniel that such a
proposition would provide a basis
for further consideration of
American plans by President Ei
senhower, Secretary of State
Dulles and other leaders here.
2. Some kihd of U. N. inter
vention in the situation has be
come much more likely than it
was a week ago. There Is
thought here of getting the
United Nations to send some
kind of investigating group to
Indo-China.
Needs Clarification.
Mr. Dulles has told the French
that one of the big problems of
American policy for Indo-China
is that the United Nations has
not concerned itself with the
Indo-Chinese crisis and has not
clarified what Mr. Dulles regards
as the moral issues.
3. Plans for military talks
among the United States, Brit
ain, France and other friendly
nations interested in Southeast
Asia are going forward again
after having been sidetracked for
a few days. The Western Big
Three and Australia and New
Zealand, as well as Asian nations
like Thailand and the Philip
pines, together with the Indo-
Chinese states, would be expected
to take some part in these talks.
They probably will be held in
either Washington or London.
Had Suggested Singapore.
British Foreign Minister An
thony Eden originally suggested
that the Western Big Three.
Australia and New Zealand use
existing machinery at Singa
pore to hold military talks. The
United States objected to any
meeting of strictly Western na
tions on Southeast Asia since it
is seeking a coalition to include
Asians.
Compromise arrangements were
considered agreed on for a
meeting of military representa
tives of 10 or so nations, but
something went wrong and last
Tuesday Mr. Dulles told a news
conference that there were no
'plans for a military conference.
Mr. Dulles had not been en
thusiastic about the Eden idea
to begin with, but plans for the
new talks seem to be satisfac
tory to both him and Mr. Eden.
The French-American talks
began in Paris Friday shortly
after the Laniel government won
its narrow parliamentary vote of
l (Continued on Page A-3, Col. l.Jj
Epochal Ruling
Is Unanimous
In Five Cases
Decision Believed
To Be Nation-Wide
In Application
By Robert K. Walsh
The Supreme Court today
unanimously outlawed racial
segregation in public schools in
the District, Virginia, South
Carolina, Delaware and Kansas.
The decision read by Chief
Justice Warren was interpreted
as striking down such segre
gated practices everywhere in
the United States. The opinion
specifically overturned the “sep
arate but equal facilities” doc
trine that had stood since an
1896 ruling by the tribunal in
a case relating to racial segre
gation on railroads.
Although the decision today
clearly invalidated racial seg
regation in public schools, the
court nevertheless asked attor
neys on both sides of the five
specific cases, as well as the
Attorney General, to return for
further oral argument next fall
on the question of procedures
that should be followed In put
ting the decision into effect.
Deprived of Rights,
Chief Justice Warren declared
that he and his associates agreed
that “segregation of children in
public schools solely on the basis
of race, even though the phys
ical facilities and ether ‘tan
gible’ faotors may be equal, de
prives the children of the mi
nority group of equal educational
opportunities.” i
He held that the doctrine of
“separate but equal” has no place
in the field of, public education.
“Therefore,” the Chief Jus
tice stated, “we hold that the
plaintiffs and others similarly '
situated for whom the actions
’ have been brought are, by reason
of the segregation complained of,
deprived of the equal protec
tion of the laws guaranteed by
the Fourteenth Amendment.’’
Goes Directly to Issue.
| The decision left no doubt that
the court went directly to the
jis sue of constitutionality of
school segregation itself. Oppo
nents of such segregation in the
| cases from the District and the
four States had contended that,
even if school facilities were sub
stantially equal for Negro and
white children, the very fact
that such pupils were forced to
attend separate schools was dis
crimination.
They contended further thgt
such discrimination was of the
type that violated due process
of law and the right of equal
opportunity in public education.
Chief Justice Warren read a
separate and shorter opinion
against validity of segregation in
the public schools of the Dis
trict. The opinion was the same
segregation was outlawed
but the separate opinion was on
the District.
Announcement of the school
segregation opinion came with
(Continued on Page A-5, Col. I.)
Corning Informed
Os Couri's Decision
District School Supt. Hobart
M. Corning went into conference
with top school officers as soon
as the Supreme Court’s school
: segregation ruling became known
| today.
! Neither Dr. Coming nor Board
of Education President C. Mel
vin Sharpe could be reached for
comment immediately.
Get a New Slant
On the Day's News
BEHIND THE SCENES-ls you'ra
tired of reading tha mere and bora
facts about the cat that got caeght
in the cistern, or aboat what some
body said or did, gat a fresh view an
what it's all oboat. Try reading
Charles Tracewell’s column on Foga
A-14 for something different about
nature, or taking a look at what
Drama Critic Joy Cormody has to
say about the players in the Army-
McCarthy hearings on Foga A-It.
Guide for Readers
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Classified t-10-16;Music A-IO
Comics.. B-18-19 Obituary A-16
Cross-Word.. »-18 Radio TV... 8-17
Editorial A-14 Sports ... A-20-23
Edit'l Articles A-15 Womon's
Financial. A-24-251 Section... 8-2-4
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