August 30, 1973

180,000 Queens residents are blacked out on Aug 29 when Con Ed feeder cables fail; cables and entire co system had been working at capacity because of record‐breaking high temps; La Guardia Airport, Jackson Hts and parts of Elmhurst, Woodside and Corona are affected; 5,000 Great Kills and Richmondtown, SI, residents are blacked out when 7 area feeder cables fail; co, which had cut voltage 5% for 2d consecutive day, had warned Jackson Hts customers about power use because of burn‐out in 3 of 8 cables serving area and fear that rapid upsurge in demand could jeopardize system; says late afternoon upsurge in appliance and air conditioner use burned out 2 of 5 remaining cables and forced shutdown of remaining 3; effects of shutdown and other heat‐related impacts noted; map

White House says on Aug 29 that Pres Nixon will not comply with Judge Sirica's order to turn over his Watergate tape recordings to ct; says Pres is considering possibility of appeal or 'how otherwise to sustain the Pres's position'; legal experts say Nixon's attys could ask Sirica to reverse his own ruling on some point of law; say more likely course would be simply to refuse to carry out ct order; illus of Sen Ervin

NYS Deputy Atty Gen M H Nadjari office discloses on Aug 29 that it is investigating alleged conspiracy to pay $50,000 bribe to NYS Sup Ct justice; details of conspiracy are not disclosed but sources close to investigation say that it grew out of case involving Citizens Casualty Co of NY, which was declared insolvent in '70 after fighting long ct battle to stay in business; in that battle, co, whose lawyer was Repr M Biaggi, won brief victory before Acting Sup Ct Justice A C Orlando, interim appointee who is now sitting in Claims Ct; Orlando was reversed and ct was ordered dissolved; Biaggi was paid $240,000 but was later ordered to return $100,000 of fee; ct order held that $100,000 was contingent on Biaggi's winning complete victory for co while Biaggi maintained that he was obligated only to win aspect of case that came before Orlando; NYS Sup Ct Justice J M Murtagh on Aug 29 refuses to quash subpoena issued by Nadjari to Century Natl Bank and Trust Co; J A Phillips, chief asst special prosecutor, asserts that bank records will be able to shed light on sources of moneys used to pay bribe and to account for moneys obtained as result of case; tells Murtagh that in course of investigation, evidence developed by grand jury indicates that principal officers of Century Bank have information and evidence relating to alleged bribery; maintains that conspirators, as result of alleged bribe, obtained substantial sums of moneys due to the determination of case; contends that all of leads produced indicate that bribe money went to Century Bank; bank exec officers are V F Albano Jr, Manhattan Repub Chmn, and L Marchini; Phillips holds that Marchini has impeded investigation; charges that Marchini has 'refused' to sign gen waiver of immunity and that he will not testify or give information about some of financial transactions unless he recd immunity; J Marchese, who says he represents Albano, calls NY Times on Aug 29 and contends that Albano and Marchini have been before grand jury more than once and have testified; adds that Albano has signed waiver; investigators assert that inquiry into bank's affairs has revealed 'extremely suspicious' transfers of moneys and manipulations of accts; Phillips observes that alleged manipulations have taken place over long period of time and are 'most complex'; notes that investigators have uncovered at least 4 aspects of bank's transactions that lead to his 'extremely suspicious' characterization; they are: city deposits in interest‐free accts, loan obtained by Marchini on behalf of unnamed public official, a 'peculiar' transaction between Albano and F S Rice, city tax collector, and 'commissions' or 'investments' by Albano that required no effort or work on his part; Phillips contends that Albano's influence with NYC officials has obtained for bank 'entirely disproportionate' amt of NYC's bank deposits; holds that city has lost $1‐million in interest during period of investigation as result of one acct alone; states that city funds have been kept in Century despite objections by Finance Admr R Lewisohn; pors of Albano and Marchini

article sees Soviet trial of P I Yakir and V A Krasin and moves to counter dissident activities of A I Solzhenitsyn and A D Sakharov as evidence Soviet Govt is determined to pursue policy of improved relations with West without giving in to domestic pressures for liberal reform; notes that US has once again come under attack in Soviet media after moratorium coinciding with summit between Pres Nixon and Brezhnev; says although there is no evidence to suggest Soviet leaders are intensifying their crack down on dissidents, developments suggest that effort is being made to eliminate domestic opposition in preparation for dealing with the West on plan for closer econ collaboration; notes Soviet Union maintains that desire for better pol relations with West does not include freer dissemination of people and ideas across their borders; says concern among Soviet dissidents is that they will be losers as East‐West relations improve unless domestic liberalization is also included; cites concern expressed by V Y Maksimov and A D Sakharov; notes that Soviet leaders appear to be responding to criticism by publicizing trial of Yakir and Krasin and by steps that may be taken to silence Sakharov and Solzhenitsyn

text of Judge Sirica's Aug 29 decision ordering Pres Nixon to turn White House tapes over to him and text of White House reply

People's Republic of China discloses on Aug 29 that 10th Cong of its Communist party was held in Peking from Aug 24‐28; official press agency Hsinhua, which makes announcement, says Cong formally expelled Defense Min Lin Piao and former Politburo member Chen Po‐ta from party; Lin was designated Chmn Mao Tse‐tung's successor during last Cong in '69 and is reptd to have been killed in '71 with his wife Yeh Chun after attempting to assassinate Mao; Lin and Chen are denounced as renegades and traitors; Cong also adopts revised party const, selects new Central Com and approves political rept delivered by Premier Chou En‐lai; Cong, at which Mao presided, is briefest in history of Chinese party; was attended by 1,249 delegates and held in secrecy; appears to have been more of rubber stamp than any of its predecessors, with delegates hearing repts and approving actions already taken by party leadership; brevity and secrecy of conf indicate that there was difficulty in organizing it and desire to avoid any appearance of rifts; Hsinhua communique gives party membership as 28 million, figure much higher than any previous total made public; says 67% of delegates were workers, soldiers and peasants and 20% are women; says delegates included natives of Nationalist China; Wang Hung‐wen, newcomer since Cultural Revolution, reptd on revision of party const at Cong, following Chou's political rept; communique gives no details of either rept but says they were adopted 'unanimously'; total of 195 members and 124 alternate members were elected 'by secret ballot' to new Central Com; new Central Com includes as full members Teng Hsiao‐ping, newly rehabilitated former sec gen of party, Wang Chia‐hsiang, former Politburo member purged during Cultural Revolution, Ulanfu, Mongol who was purged during Cultural Revolution, Tan Chen‐lin, former Politburo member purged during Cultural Revolution, Foreign Min Chi Peng‐fei, Deputy Foreign Min Chiao Kuan‐hua, UN repr Huang Hua, Huang Chen, head of liaison office in Washington (DC), Chuang Tse‐tung, 3 times world table tennis champion, Yang Yung, newly appointed commander of Sinkiang; Cong presidium included Chmn Mao, Chou, Wang Hung‐wen, Kang Sheng, veteran Politburo member, Yeh Chien‐ying, another veteran, and Li Teh‐sheng, head of gen political dept of armed forces, as deputy chmn; Chang Chun‐chiao was named sec gen; Mao's wife, Chiang Ching, who is usually ranked 3d or 4th in party hierarchy, was not named deputy chmn although she is listed member of presidium; 3 of deputy chmn, Li, Chang and Wang are often associated with Chiang

Egyptian Pres Sadat and Libyan leader Col M el‐Qaddafi on Aug 29 proclaim 'birth of new unified Arab state' but make it emphatically clear that actual unification of their 2 countries is still long way off; declaration issued in name of Sadat and Qaddafi satisfies every point of Egyptian Govt's wish for slow, gradual approach that can be broken off at any stage; falls far short of immediate full union that Qaddafi demanded; says that on Sept 1 following measures will be taken: 2 countries will form mixed constituent assembly to work out const for new state and choose candidate for chief of state but with no deadline by which to complete 2 tasks, new monetary unit, called dinar, will be adopted for trade, accounting and other transactions between 2 countries and there will be free‐trade zones along their border, 2 Govts will exch resident mins and will form so‐called higher planning council consisting of their Premiers and key members of their Cabinets and that 2 countries will set up joint central secretariat to help constituent assembly and resident mins; makes it clear that 2 Govts will remain fully independent pending completion of work of contituent assembly; assembly is to consist of 50 members of Egyptian People's Assemby and 50 elected reprs of so‐called peoples' coms from Libya; referendum will be held in both countries once assembly has written const for new state and agrees on chief exec; illus of Sadat and Qaddafi

Peter Ottley, president of the 20,000‐member Local 144 of the Hotel, Hospital, Nursing Home and Allied Service Employes Union, and Peter Byrne, its secretarytreasurer, were indicted here yesterday by a Federal grand jury on charges of embezzling union funds. Page 44.

Pres Nixon's attys charge on Aug 29, in papers filed in Fed Dist Ct, that Sen Watergate com conducted 'criminal investigation and trial' that exceeded authority granted to Cong by Const; reject com's demand for tape recordings of Nixon conversations on ground that Sens are illegally attempting to determine 'whether or not criminal acts have been committed and guilt or innocence of individuals'; contend that ct has no jurisdiction over their client, either as individual or as Pres, and that Nixon 'owes no duty,' in either capacity, to Sen com to provide it with recordings of his confidential meetings or other related documents; Sen com, in countermove, files with Judge Sirica motion for summary judgment in same case, request that judge enforce 2 subpoenas already served on Pres with minimum of further ct proceedings; Nixon's attys assert that ct has no jurisdiction over controversy because it does not involve more than $10,000, lowest amount with which a Fed Dist Ct is required to deal in civil suit; that subpoenas served on Pres are 'null and void' because they had never been authorized by vote of full Sen; that com members have not 'suffered any legal wrong, nor have they been adversely affected or aggrieved' as result of Pres's rejection of subpoena to produce documents; say Nixon 'is without information or knowledge sufficient to form a belief as to Sen com's claims that information in tapes is relevant to Cong investigation

Judge Sirica on Aug 29 orders Pres Nixon to make tape recordings of White House conversations involving Watergate case available to him for decision on their use by grand jury; Pres aides announce, however, that Nixon 'will not comply with the order' on ground that inspection of tapes by a judge 'is inconsistent with Pres's position relating to the question of separation of powers as provided by Const and necessity of maintaining precedents of confidentiality of private Pres conversations'; White House statement says Nixon's attys, led by Prof Wright, are considering appealing Sirica's decision, and hints they might find some other method of sustaining Pres's legal position; special Watergate prosecutor A Cox, if faced with refusal by Nixon to accept ct's ruling or to challenge it by appeal, might initiate contempt proceedings or begin appeal of his own, based on ct's refusal to give him tapes directly; decision marks only 2d time in US history that a ct has required a Pres, against his will, to produce his personal records as evidence; 1st case involved Pres Jefferson; Sirica says he is 'simply unable' to decide whether Pres's refusal to release tapes and related documents is valid without inspecting recordings himself; upholds authority of ct to take such action; says that if he finds evidence relating to criminal activity in tapes, and it can be successfully separated from privileged statements dealing with Nixon's official duties, he will excise privilege portions and pass unprivileged portion along to Watergate grand jury; says if privilege and unprivileged evidence are so inextricably connected that separation becomes impossible, then 'whole must be privileged and no disclosure made to grand jury'; relies heavily, in decision, on decision by Chief Justice J Marshall that required Pres Jefferson to furnish lr for treason trial of A Burr; bases his decision to considerable extent on need for all citizens, regardless of their soc or pol position, to cooperate with grand jury investigation; calls it immaterial' whether ct has physical power' to enforce an order against Pres, because ct 'has a duty to issue appropriate orders' under any circumstances; says he disagrees with Pres 'that it is the exec that finally determines whether its privilege is properly invoked'; says that giving Pres special immunity from ct rulings 'tends to set White House apart as a 4th branch of govt'; says in his decision he found it necessary to answer only 2 questions: whether ct has jurisdiction to decide issue of privilege and whether ct has authority to enforce subpoena by way of an order requiring production for inspection in camera; concludes answer to both questions is yes; illus of Sirica and Cox

5 Eur newsmen return from N Vietnamese zone north of Saigon in good health on Aug 29 after spending wk watching life and activities of N Vietnamese; S Vietnamese mil sources hold that West Ger TV correspondent P Scholl‐Latour and J L Arnaud of Agence France‐Presse, together with 3 cameramen and technicians, drove into Govt army post on Route 13

Cambodian Pres Lon Nol asserts determination to continue personal leadership of Cambodia and continue the fight, news conf, Aug 29, first in more than 7 mos; there has been speculation that he may leave soon for for med treatment abroad, possibly in the US; in apparent show of unity evidently intended to dispel impression that governing High Pol Council is divided and ineffectual, Lon Nol has Lt Gen Sisowath Sirik Matak, Premier In Tam and Vice Pres Cheng Heng with him, but not participating in conf; Lon Nol denounces Sihanouk; expresses certainty Govt will win; says he has not asked for S Vietnamese or Thai aid since halt of US air support although he has appealed to all friendly nations for help; asked if there were any peace talks, says he does not want to compromise any chance of success by disclosures; says it all depends on N Vietnamese withdrawing from Cambodia; Sirik Matak says there were no negotiations outside Cambodia, although contacts with the enemy at various levels were being pursued inside Cambodia, int after news conf; Lon Nol illus