February 10, 1956

Hoover proposes Cabinet be empowered to rule on Pres fitness when his ability is in doubt, reply to subcom questionnaire; urges VP assume burdens of disabled Pres; Const experts replies outlined; they see Const lack of definition deliberate; oppose Cong efforts to write definition; Celler indicates Hoover, Truman, H A Wallace, J N Garner, Sen Barkley may be asked to testify

Mollet appts Econ Min Lacoste Min-Resident in Algeria

Fed ct orders Ala U trustees to show cause why they should not be punished for disobeying order to admit Lucy; Lucy says police protection was adequate to assure order; calls suspension 'stratagem' for denying her admission; charges trustees permitted mob action to create atmosphere of riot; asks damages; urges jailing trustees for contempt of ct if they do not readmit her; in separate suit demands use of campus living facilities; asks damages for being denied facilities and forced to commute to Birmingham; her atty A D Shores withdraws suit demanding admission of Mrs Hudson; cannot handle both cases simultaneously; Judge Grooms denies trustees atty plea that dismissal be with prejudice, which would prevent case being reopened; orders trustees, Dean Adams and Carmichael to answer contempt charge on Feb 29; 4 not connected with univ but described as rioters also named; Healy ordered to appear for hearing on denying use of living facilities to Lucy; Shores and NAACP atty Mrs Motley illus; hold press conf; newsmen from GB, France and US in Birmingham; Engineering Coll students score mob action; some Negro groups distressed that issue of admitting Lucy to living qrs is pushed before admission to classes is settled; fear NAACP forces issue in face of explosive situation; Carmichael aide J Bennett conf s with Ala officials; says mob violence was on verge of lynching; discusses possible use of Natl Guard should Lucy return; Carmichael pledges to help make campus safe should ct order her return

5 private bus operators in Queens, offering to buy city lines, say they will seek to avoid losses to employes in shift; NYCTA and 3 groups of supervisory employes agree on pact, running to June 30 '58, for $200 pay rise retroactive to Jan 1, another $200 effective July 1 '57

USSR charges US follows 'brink of war' policy by sending alleged espionage balloons over USSR