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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 Amusements A-18;Lost, Found A-3 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 Hove The Star Delivered to Your Heme Daily and Sunday k Dial Sterling 3-5000 I