The Emporia Gazette from Emporia, Kansas • Page 8

GAZETTE Sand Year, No. 289 Independence Day, MCMLXXII Fourteen Pages Credentials Case Dropped by Judge Democratic Convention Will Decide (AP) U. S. District Court Monday refused to enter the dispute over the allotting of California delegates the Democratic National Convention. While the candidates relaxed, forces of George McGovern asked Judge George L.

Hart Jr. to restore the more than 150 delegates stripped from the South Dakota senator by the Democratic Credentials Committee. Hart declined to act, saying the question of whether the state's winner-take-all primary was fair and equitable is a matter to be decided by the party convention, not by the courts. He said the judiciary should Intervene in party conflicts only when they involve a clear constitutional principle. In a parallel and similar ruling delivered at the same time, Hart refused to upset the Credential Committee's action in unseating Chicago Mayor Richard Daley and 58 other Illinois delegates to the convention.

In anticipation of appeals in both cases. Hart said the U.S. Court of Appeals would hear arguments in the cases Tuesday despite the Independence Day holiday. The losing attorneys in each case told newsmen they will appeal. The South Dakota vas tpending the holiday at his farm on the Eastern Shore of Maryland.

Sen, Hubert H. Humphrey flew borne for the holiday at Waverly, Minn. Sen, Edmund S. Muskie of Maine was in his home state at Kenncbunkport, That left the Democratic political stage to the court case and the continuing Credentials Committee proceedings in Washington. The credentials panel still was plowing through a record array of challenges to the seating of delegates at the Democratic National Convention which opens at Miami Beach July 10.

McGovern held a runaway lead in delegate strength. The California credentials battle, in court and later on the convention floor, is likely to determine whether he can convert it into a first-ballot nominating majority. That would take 1,509 votes. The Associated Press count of; delegate strength Monday put McGovern at 1,281.9. Humphrey had 498.55, Gov.

George C. Wallace of Alabama 381, Muskio 225.55. There were 454.4 uncommitted delegates. Tli court test stemmed from the decision of the Credentials Committee to deprive McGovern of at least 151 of the California nominating votes he captured in a winner-take-all primary. The commitlee ruled that he should have no more than 120, and possibly as few as 118, on the basis of his plurality in the June 6 primary.

Humphrey was the principal beneficiary of its ruling that the delegates should be apportioned among primary candidates on the basis of their shares in the total Democratic vote. Directive Keeping Sixty Jobs Vacant KANSAS CITY (AP) About BO public service jobs in Kansas City are vacant because of a federal directive that they must be filled with Vietnam veterans. Thomas F. Lewinohn, city personnel director, said Monday he cannot find enough veterans to place in the jobs. They just are not applying he said.

He said as a result 60 jobs are vacant that could be filled by other qualified persons who are unemployed and need the jobs. "The Missouri Employment Security Division lists about 1,400 Vietnam era veterans who unemployed in this area," Lewinohn said. Trial Date Is Set In Dispute About Americus School The Amerieus school closing suit was set for trial August 3rd at 9 a.m. in Lyon County District Court after a lengthy pretrial conference Monday afternoon behind closed doors in the court. Judge Alex.

Hotchkiss, sitting in the case for Judge Jay Sullivan who disqualified himself from hearing the suit, set the trial date after ruling on three motions presented by various attorneys. A motion denied for dismissal of the ease, brought by Unified School District 251 patrons seeking to prevent the of the Americus Grade School. Elvin Perkins, attorney for the north Lyon County school district board, had moved for the dismissal on grounds that the patrons were not legally entitled to sue the board in the absence of allegations of capricious or illegal action, that the petitioners bad failed to state sufficient grounds to obtain recourse, and that the patrons had failed to ejdiaust the legal remedies available to them. Judge Hotchkiss overruled the tTofTo "t-" Murder in Topeka Joseph F. Smith torney to intervene in the case, Judge Hotchkiss approved the OSSWlj invOll withdrawal of county election officer Rosemary Spalding as a defendant in the case on the grounds that an election to ap- TOPEKA, Kan.

(AP) -Q j-, prove or reject the issuance of Members of the Capital Area I fjp- On Major Case Squad investigating FIREWORKS FOR THE Emporia children today will be doing what Connie (left) and Michael Parker are watching the flash and flare of fireworks. Mr. and Mrs. Steve Parker, Rt. 5, are parents of the children.

Large-scale displays are planned at the Country Club and 50-S Drive-In. Mormon Leader's Burial (See Trial, pg. 6) Accord: Korean Talks Are Revealed Armed Provocations Are Mutually Banned SEOUL (AP) North and South Korea have held top-level meetings to discuss improved relations and reunification of the peninsula split by World War II and ravaged by the Korean War five years later, South Korea announced Tuesday. Among agreements reached at meetings in Seoul and Pyongyang were those to refrain mutually from undertaking armed provocations and to install a hot line between the two capitals "in order to prevent the outbreak of unexpected military an announcement said. Each side has accused' the the shooting death of a Topeka security officer early Sunday indicated Monday they believe he waa shot with more than one gun and more than one person was possibly involved.

However, Gene Tharp, press officer of the squad, declined to comment on number of wounds or the number of shots fired. He told newsmen all evidence collected at the scene of the shooting has been turned over to the Kansas Bureau of Investigation for processing its laboratories. The body of Willis Upshaw, 27, a private security patrolman for Security Police, Topeka, was found about 20 feet in front of his patrol car in a parking lot near an information booth at the Lake Sherwood residential development southwest of Topeka. Offer by Banker Entices Fischer To Chess Tourney LONDON (AP) A British SALT LAKE CITY, Utah (AP) Joseph Fielding Smith, patriarch and prophet to three million members of the Church of Jesus Christ of Latter-day Saints, will be buried Thursday following traditional funeral services in the historic Mormon Tabernacle. President Smith, 95, 10th spiritual leader to Mormons whose seph Fielding Smith," said Elder Lee in a statement.

Elder Lee said there were few in the church who had a greater knowledge of its doctrines than President Smith. "His numerous writings and sermons spanning over more than half a century are treasures of truth which will be found in the libraries of millions who faith was founded by Prophet have been and may now be Joseph Smith, died Sunday of a heart attack while visiting a daughter here. A rigid fundamentalist Mormon, President Smith succeeded David 0. McKay years ago as head of the church. Church leaders announced Monday that President Smith's body would lie in state Wednesday and Thursday morning in the church office rotunda.

The funeral, to which religious leaders from tliroughotit the country have been invited, is to be at 12:15 p.m. Church officials are expected to announce Friday that Elder Harold B. Lee, 73, first counselor to Smith, will be named church president. "Throughout the church and among all the honest in heart ass President Jo- other recently of preparations for war, raising the specter of banker Monday night Bob- renewed hostilities. The three- Fischer had accepted a deal year conflict that began in 1950 worth 50,000 at who knew him, there is sadness cost two million lives.

Of the official parity-and was flying in dead, 54,246 were Americans. A Announcement of the meet- Iceland t0 meet Russla ings was simultaneously Bons assk the chess in Seoul and Pyongyang, the world title. Communist capital. Lee Hu-rak, director of the South Korean central intelligence agency, represented South Korea at the talks. He searching for truth," said Elder Lee.

President Smith's death closed a chapter of Mormon history in which the church leadership passed to men who were acquainted with the founders. He was 'born July 19, 187S, when Brigham Young, who brought the first Mormons to Utah, headed the church. President Smith's life spanned all of the previous presidencies except that of founder Joseph Smith. President Smith also commanded a huge church-sponsored financial community which included ownership in a railroad, sugar company, newspapers, radio and television stations and hotels. He also held the.

office of church historian for nearly half of the church's existence. Good Evening Hypochondriac: A person who takes overseas shots before going to a foreign movie. Today's Forecast KANSAS: Mostly sunny east and central and mostly cloudy with chance of showers or drizzle west Tuesday. Not as cool west and central. High in 70s.

Clftar to partly cloudy Tuesday night and Wednesday. Low Tuesday night in 50s. High Wednesday in 70s. Tests Continuing On Harry Truman In Kansas City KANSAS CITY, Mo. (AP) Former President Harry S.

Truman was reported in satis- pressed North toward the ene- Vietnam: Reds Shell, Attack Hue On Monday Enemy Troops Reportedly Flee Counterattack SAIGON CAP) North Vietnamese troops continued to shell Hue and attacked the city's northwestern defenses Monday as South Vietnamese marines and paratroopers factory medical condition Monday at Research Medical Cen- ing. Belfast: Protestants Barricade Own City Is Quiet After Deaths Of Seven Men BELFAST (AP) A Protestant citizens' army established three permanent "no-go" citadels in Belfast Monday in defiance of British authority and threatened instant retaliation if any harm befalls their kidnapped folk hero, Gusty Spence. The city was quiet after -a weekend in which seven men died, apparently the victims of guerrilla execution squads. Their deaths brought to 398 the total in three years of violence surrounding the outlawed Irish Republican Army's campaign to force this mainly Protestant province into a united Ireland. The Protestant bar ri cades were thrown up to spur William Whitelaw, Britain's administrator in Northern Ireland, into tougher action against the IRA barricades in Londonderry, the province's second city.

Whitelaw's policy is to seek to bring down the Londonderry barricades by persuasion rather than force. Tension in the Protestant a t'r alongside the "peace line" dividing- Belfast's feuding communities evaporated once it became clear that the British the ment at no intention of penetrating the Protestant ring. Barricades of steel spikes cemented into the roadway ringed three Protestant areas, housing some 40,000 people along Shankul Road, Woodvale and Oldpark. They were manned at key points by uniformed volunteers of the Ulster Defense Association, the Protestant army which has mushroomed throughout Northern Ireland over the past four weeks. A similar "no-go" area, though on a much smaller scale, was established in Portadown, a mainly.

Protestant of Belfast. A token barricade was established, too, in a Prot- my-held city of Quang Tri. Associated Press correspondent Holger Jensen reported ter as his doctor began what from the norL hern front that was described as routine test- enemy forces appeared to be falling back from the govern- es ta disiricTof Londonderry ment counteroffensive and were The army, though it waa not attempting to flee in small saying so officially, seemed groups to avoid intensive allied clearly ready to tolerate the air strikes. barriers so long as they cause North Vietnamese artil- no major traffic disruption, lerymen blasted Hue for the A UDA man on Shankill' said second straight day and more than 30 122mm artillery shells crashed into the former imperial capital. At least 101 shells have hit Truman, 88, was admitted to the hospital Sunday.

Dr. Wallace H. Graham, his personal physician, said he was to be examined for a "lower gastrointestinal problem" related to the ailment that sent Truman to the hospital for about 12 days early last year. Truman was able to move about his room and was joking with nurses, a hospital spokesman said at a news conference Monday. the city during the two-day bar- had agreed.

the British had politely suggested that some barricades should be moved back out of sight of neighboring Roman Catholic districts and the UDA Investment banker James D. Slater said he had received a telephone call from Fischer's lawyer saying the American made the announcement for the challenger was flying Monday Seoul government at a news night to Reykjavik for the tour- conference, nament. Miami Officials Join to Defeat Price-Gouging at Conventions MIAMI BEACH, Fia. (AP) and Restaurant Commission, a Sensitive to accusations of stale agency, price-gouging, local officials All three are adding extra have banded together to try to manpower and special tele- make sure no one gets gypped phone numbers for the con- during this year's political con- vention. The chamber, for ex- ventions.

ample, will answer its tele- They remember all too well phone 24 hours a day during the 19G8 Republican National Convention here when a newscaster said in a broadcast that he'd paid $1.75 for a hot dog. In defense of the city, Leonard A. Baker, executive direc- 24 hours a day, and the tourist authority will function 18 hours a day with its "Instant Inquiry" service. But only the commission will be armed with anything more won't than the power of Inspector Michael Tampas says hotels or motels who overcharge can be fined, up to $500 after a special hearing. Internal Revenue Service public information officer Holger of Jacksonville says South Florida motel and the conventions and will have a special desk at Convention Hall.

The restaurant commission also will have-someone on hand lor of the Miami Beach Chamber of Commerce, says the $1.75 price wasn't for just any old hot dog. "It was a full meal with hot dogs." Whatever it was, it happen again, officials hope. At least three agencies are publicizing themselves as quick-check complaint handlers. "It's something we've established for the two conventions," says Myra Shuman of the Beach Tourist Developr-ent Au- hotel operators have been thority, an arm of the city gov- warned they cannot charge ernmcnt. "Wo don't really an- summer convention guests win- ticipate there will be that much tor rates, of a demand, but we don't want As for the hot dog, 1t will cost bad publicity." 35 cents inside Convention Hall.

The chamber and authority A nearby restaurant says its will be joined in the complaint price is cents. But that in- business by the Florida Hotel eludes french fries. rage. Most were directed at the Citadel, which serves as the military command post for the northern region. Twelve persons were reported killed in the "But 99 per cent of the barricades are where we wanted them," the UDA men said.

The UDA took over all police duties inside the barricaded Sunday's attack, the first shell- areas, which its men patrolled ing of the city since the enemy in two trucks hijacked from the regular police. Outside the barricades, police were keeping an eye open for Gusty Spence, convicted mur- offensive began March 30. Enemy gunners pounded a base camp Monday on the northwestern approach to Hue wiih about 500 rounds of 130mm artillery and mortar fire, a communique said. They followed with a ground attack that was repulsed. The North Vietnamese been pounding bases along Hue's western defenses since government forces started their drive north last week to recapture Quang Tri Province.

The derer and hero who was kidnaped Sunday night while on parole from jail to attend his daughter's wedding They admitted they hold little have hope of finding him. Spence, 39, is the formee head of the Ulster Volunteer Force, a banned Protestant counterpart to the IRA. He was jailed for life in 1966 for tha country's northernmost prov- murder of a Catholic barman, ince fell to the enemy May 1. At the start of the push there was concern the enemy would i1a 9 been "sprung" by His kidnaping immediately evoked two theories: Either attempt to outflank government slde and was safe aemp ouan overnmen forces and attack Hue from the well behind the barricades, or west and southwest. But the he nad been captured by the western defenses have held fast IRA whlch cas his life ex- so far against heavy shelling a "cy would be short.

A and occasional ground probes. spokesman at UDA headquar- Army engineers completed fP.hatically denied that work Monday on a pontoon iber a nannizat 011 Was behlnd bridge across the last river be- l.wcen the former My Chanh de- fcnse line and the City of Quang Tri that had been with- out a span. Most of the bridges LJieS in California in the area had been destroyed by allied air strikes after the GLENDALE, Calif. (AP) province fell but were quickly Mrs. Helen Townsley 'coogan rebuilt to support the govern- 60, Shell Knob, died Satur- ment counts-offensive, day following a heart attack Enemy activity also appeared Friday while on a visit here, to be building around Song Be, Mrs.

Coogan was a native of a provincial capital 75 miles Great Bend, and the northeast of Saigon. Sources daughter of Will L. Townsley granddaughter of C.P. RETURNING TO HOLY Gov. George Wallace is wheeled by security agents back to his Holy Cross Hospital room in Silver Springs, Monday after a four-hour outing at his physician's home in nearby Bc- thesda.

(AP Wircphoto) said a Soviet-made 130mm gun and granddaughter of had been moved inlo position Townsley, who established tha by the North Vietnamese and Great Bend, Tribune. was firing on the city 35 miles of An Loc, another provincial capital that has come under. attack. A North Vietnamese unit of several thousand men reported in the area. With her brothers, Will and Russell, she published the Trib- has uno until I960, when the Kansas new City Star purchased the psper.

Until she also was president of Great Bend radio sta-. tior. KVGB..