The Emporia Gazette from Emporia, Kansas • Page 12

Vi -EMI- Year, No. 290 Wednesday', Day of July, MCMLXXII Thirty Pages Credentials Case Ruling Reversed McGovern Apparently Is Winner WASHINGTON (AP) U. S. Circuit Court of Appeals here today handed a victory to the forces of Sen. George McGovern in their battle with the Democratic Credentials Committee for California delegates.

At the same time, forces of Chicago Mayor Richard J. Daley were given a setback by the court in the second half of the dual attack on the committee's hotly disputed decisions. The appeals court reversed a District Court decision which had upheld the committee's action of stripping 151 delegates from California. The Circuit Court ordered the district bench to rewrite its decision in the California case in accordance with an opinion not yet filed. The Circuit Court rejected the appeal of Daley's forces in one case and in two others directed that state court action be prohibited insofar as the delegates from Illinois which were rejected by the committee are concerned.

The brief order of the appeals court carried no reasons for the action. The judges were expected to file opinions later in the day. The District Court ruled Monday that the judiciary had no place in the debate over delegates from the two states. Tht Committee had issued decisions that Sen. George S.

Mc- Govem of tyi California delegates and told Mttyor Richard Daley and other uncommitted Chicago delegates to stay home. The Circuit Court came at a time when forces of Mayor Daley had a scheduled court appearance in an Illinois state court in which they sought to prevent the successful Illinois delegate challengers from taking part in the convention. However, while the full scope of the Circuit Court's ruling was not known In the absence of a written opinion, it was clear that the judges felt federal court action should be taken in the two cases. The committee decisions were likened to a "self-destruct button" by the party's lawyer Tuesday even as he fought to uphold them before the appeals court. Parly Counsel Joseph A.

Califano told the three judges that federal courts have no business in the party's busi- ngs. His argument echoed the decision of ft U. S. District Court which prompted the Fourth of July appcaL McGovern and Daley forces appealed in their fight to overturn committee decisions which ousted 59 Illinois delegates, including Daley, and ripped the winner-take-all prize of the California presidential primary from McGovern to award the state's 271 delegates proportionately among candidates, based on their percentage of the vote. Meanwhile, the Credentials Committee completed its pre- convention agenda and passed on to the convention the job of settling 13 contests over the, seating of hundreds of delegates.

Many of the dissents concern issues raised by the mandate from tiie reform commission originally headed by McGovern: that women, young people and minorities be represented at the convention in proportion of their population. In the court fight over the Illinois and California challenges, Califano argued that the party may do as it wishes. To illustrate, he said some believe that seating Daley and letting McGovern have the delegates he won would be the shrewd political move. But, he said of the party, "If it wants to push the self-destruct button on these issues, that's its 1st Amendment right." Arguing for forces in the California case, attorney Joseph L. Rauh Jr.

said the party reforms recently instituted specifically do not bar winner-takc-all primaries. Former President Harry S. Truman Still Hospitalized KANSAS CITY (AP) Former President Harry S. Truman remained in satisfactory condition Tuesday night at Re. search Medical Center, where he has been hospitalized since Sunday for tests relating to a "lower gastrointestinal ailment." Earlier Tuesday, hospital officials reported the 88-year-old Truman has been resting comfortably and was visited by his wife, Bess, as he had been Monday.

A spokesman said no indication had been given by Truman's physician, Dr. Wallace Graham, regarding the former president's discharge from the hospital. Truman took several walks in the hospital corridors Monday, causing a stir among other patients anxious to meet him. tr Buffalo: Hostage Safe After Incident Young Girl Is Freed In Attempted Piracy BUFFALO, N.Y. (AP) A man who held a young girl at knife point in an apparent attempt to hijack an American Airlines 707 at Buffalo International Airport surrendered to an FBI agent early today.

"He apparently decided he was not going to get out" of the airport, said Richard Ash, special agent in charge of the FBI office here. "If there's no shooting, I'll come out," Ash quoted the man as saying moments before he emerged from the aircraft carrying his hostage, who appeared to be 2 or 3 years old. Ash said an FBI agent had sneaked aboard the plane and confronted the man. After the agent assured the man there would be no shooting, the man threw down his knife and carried the girl in his arms down the ramp to a waiting police car. The child was not harmed, Ash said.

Blood on the child's clothing, Ash said, was from a slight wound the man had suffered. Police identified the man as Charles Smith, 23, of Buffalo. The youngster was not identified immediately. Police said Smith had allegedly stabbed the girl's mother and a man earlier in Buffalo. The woman was reported in critical condition, the man in fair condition, at Deaconess Hospital.

Police said Smith apparently slipped aboard the unoccupied jet about 5 a.m. and demanded that American Airlines provide a pilot for the craft. "I want a pilot," he shouted to police and FBI agents who surrounded the plane as it stood at a terminal gate. A group of FBI agents and police gathered near a ramp to the plane, using a baggage cart as a barricade. A man and woman took turns using a bullhorn to call up to Smith.

The woman, identified by an FBI agent as Smith's mother, walked part way up the ramp at one point, talked with Smith, then returned. Smith and the girl were visible just inside the plane. Scores of airline passengers passed through the terminal as usual. Many seemed unaware of what was happening at the American gate. T-V Prankster Tosses Cannister of Gas Into City Building HARPER, Kan.

(AP) Clouds of a gas used by the military filled the police station and jail in the basement of the Harper city building for half an hour Tuesday evening. No one was injured. The cannister of gas apparently was tossed by a prankster into the police station hallway from an open door. The fire department set up exhaust fans and cleared the air in about 20 minutes, although enough of the fumes were left an hour after the incident "to make your oyes water," according to Fire Chief Ken Two or three firemen became sick for a few minutes after breathing the gas. GIVES UP Charles Smith, 23, of Smith while Special Agent Richard Ash waits N.Y., carries his daughter from an American for him.

Smith held the baby hostage for Airlines 707 jet today after surrendering to the nearly three hours, demanding 'a' pilot to fly- FBI at Buffalo Airport. An FBI agent follows him overseas. (AP Wirephoto) Party Is Threatened With Split anH Me Govern Aides Battle MIAMI BEACH, Fla. (AP) to Sens. Hubert H.

H-umphrey and George McGovern are sparring verbally in a warmup for next week's Democratic National Convention while a federal appeals court considers the crucial California and Illinois, credentials cases. Jack Chestnut, Humphrey's campaign manager, demanded that McGovern' fire or repudiate Rick Stearns, one of his campaign aides, for saying that he favored a third party to "punish" Humphrey should the Minnesota senator win the Democratic presidential nomination. "Talk of punishment of the Democratic party is irresponsible 'and can't be tolerated," Chestnut said, reacting to the Stearns comments' which seem to" of an effort by some McGovern. aides to convince party leaders that denial of the nomination the South Dakota senator' would split, the.iparty, B.o'th. and Humphrey at his Waverly, lakeside home, McGovern at his -Eastern shore Maryland farm while supporters -spent the Fourth of July arguing the California and Illinois credentials cases before the Washington.

U.S. District Court Judge George L. Hart' refused Monday to overturn Democratic Credentials Committee decisions ousting 151 McGovern delegates from California and 59 uncom- Prices of Meats Soaring According' to- AP Survey By Louise Cook By the Associated Press Consumers warned by supermarket officials to expect higher meat prices are finding the warning all too true. An Associated Press survey of about two dozen cities shows that grocery bills particularly for the belter cuts of beef and for pork have increased anywhere from a dime a pound on up in the two weeks since the latest warning was issued. Cabinet officials scheduled a meeting in Washington today with officials of food chains and called in farmers for a Thursday session to help in preparing a food prices report that President Nixon has requested by July 10.

Shoppers, meanwhile, were issuing their own reports. "The food prices are just terrible; now," said a woman in a Seattle, supermarket. "I know how much the prices have gone up because I just started shopping regularly a year and a half ago I was married." "Prices are out of sight," said a man in a Kansas City store. "The very first thing the government should have done, in its economic program was to put controls on food prices." Supermarket exec i warned consumers on June 16 to expect a rise in prices, particularly, of meat. They said that wholesale costs have been going up and the retail outlets no longer could absorb the increase.

The AP. checked prices in a dozen cities on June 16, then checked again two weeks later to see if there had been, any change. Among the findings: In Seattle, the prices of 10 items were checked. Five went up, one went down and four remained steady. Increases included voal round steak; which went from $2.25 to $2.39 a pound, and rib up two cents to $1.09.

a pound. Stable items included peanut butter crackers, fruit juices, cheese, mayonnaise, butter and milk. In the Chicago' suburb of LaGrange Park, pork loin end cut went from 79 to 85 cents a pound and jumbo eggs increased from 59 to 65 cents a dozen. Sirloin steak dropped from $1.59 to $1.39 cents a pound, but the manager said the decrease was temporary, due to a hoh'day special. A store manager in Los Angeles said, "It's hard leu what is happening to food prices because they go up and down continually.

We do know that prices are going up and our profits are going down." In Los Angeles, ground beef went from 73 to 78 cents a pound, sirloin tip steak from $1.49 to $1.67 a pound and a Swiss steak TV dinner from 63 to 67 cents. Items that were unchanged included- round steak, chicken legs, russet lettuce, onions, liquid cleaner and aluminum foil. -Sr Premier of France Gives Resignation To Pompidou PARIS Jacques Chaban-Delmas, premier since 1969, has resigned, Palace announced today. No reason was immediately given. A brief communique said President Georges Pompidou received Chaban-Delmas' after a Cabinet meeting and that Chaban-Delmas the resignation, which also included other members of the government.

Chaban-Delmas, 57, became premier June 20, 19fi9, after the election of Pompidou as prcsi- dent. mitted delegates from Illinois headed by Chicago Mayor Richard J. Daley. a Mankiewicz, McGoyern's national political director, said -on the CBS, radio program "Capitol Cloakroom" is the Illinois delegations can reach a compromise "and that something. can be: wprked out seating them both." In this sweltering convention center, meanwhile, the City Council planned to reconsider today whether: it will reverse a decision, against campr sites for the young -nondele- gales expected in Miami 'Beach for next week's convention.

At a news conference Tuesday, Convention Manager Richard Murphy announced that the hail would be "buttoned 'up" from midnight Sunday until late Monday afternoon for a bomb search recommended by the Secret Service. He said afternoon sessions may be necessary next Tuesday and -Wednesday afternoon to handle minority reports on the party's platform before the nomination proceedings begin. Alternate delegates may be forced to take seats in the gallery, -Murphy said, because Credentials Committee rulings on contested delegations have (See Party, pg. 20) Replacement For Sato Is Chosen Kakuei Tanaka Given Mandate By Top Party TOKYO (AP) Japan's ruling conservatives today named Kakuei Tanaka, a dynamic rags-to-riehes construction man turned politician, to be prime minister with a mandate for bold new approaches to the United States and China. The Liberal-Democratic Party in effect turned its back on the cautious establishment politics of Prime Minister Eisaku who is retiring at 71! It decisively rejected the bid of his protege, 67-year-old Foreign Minister Takeo to succeed him.

Tanaka, at 54 the youngest prime minister since 1945, won the party presidency and with it leadership of the government at a convention of the party's members in the Diet, the Japanese parliament. The vote on the second runoff ballot was 282-190, with four blank 'votes. The', Diet, will meet Thursday to confirm Tanaka as prime minister for a term, a formality since'the party has a sizable majority in both houses. He is expected to announce his cabinet on Friday. Tanaka's 'victory resulted from growing restlessness within the party 'over Sato's.

inability to cope' with the problems of China, the United States and mounting, domestic difficulties. Little change would have been expected had Fukuda been chosen. Tanaka made a brief, restrained acceptance speech stressing that unity of must.continue. He has said previously that he would give his major, attention to repairing the frayed. relations with United States; and to.

bringing about diplomatic relations with Communist China. Problems with the United States developed when Japan achieved a favorable of trade, then steadily widened it with a river of low-costj" high- quality goods poured onto the American market. talk with American restrictions soured the old relationship, and relations are still strained despite a visit last month by presidential adviser Henry Kissinger. President Nixon's unexpected rapprochement with Peking without prior consultation with its chief Asian ally, also hit Sato in the political jaw and weakened his standing within the country and the party. And Peking said there could be no.

real improvement in Japanese- Chinese relations until Sato went. Tanaka should be well fitted to deal with the economic problems between the United Slates and Japan, having served both as Minister of Finance and as Minister of International Trade and Industry. Short, dynamic and outspoken, Tanaka was the son of a poor horse trader-farmer turned carpenter. Good Evening The trouble with having no debts nowadays Is that people suspect you Can't be trusted, Tfr Today's Forecast KANSAS Clear tonight and sunny Thursday with slowly rising temperatures; lows tonight in the 50s; highs Thursday 80 to 85. BMPORIA AND VICINITY Fair and cool tonight with lows in the 50s; light and variable this 'afternoon becoming light southerly tonight; Thursday sunny and warmer with highs in the 80s; precipitation probabilities near zero per cent through Emporia Skies Wednesday, July 5 Sunset today 8:51 p.m.

Sunrise tomorrow 6:07 a.m. New moon (and total eclipse of sun) July 10, The earth is at aphelion today, at its greatest distance from the sun for the The sun is 94,514,000 miles from the earth today. Emporia Weather From FAA: 1 p.m. .74 'degrees- High Tuesday 74 degrees Low last night degrees Barometer 30.35 falling Humidity .36 per cent Wind Light and Chess: Spassky Move DelaysMatch Russian Says Fischer Deliberately Insulting REYKJAVIK, Iceland CAP) The world championship chess match between Bobby Fischer and Boris Spassky now is scheduled to start Thursday afternoon following another psotponement, this 'one demanded by the Soviet champion. After holding out for more money and getting it, the American challenger came to Iceland for the postponed opening match Tuesday.

But Spassky walked out of the noon drawing to decide who would move first because Fischer was not present. He had sent his second, a Roman Catholic priest. Officials announced a new 48- hour postponement of the' opener, originally scheduled for last Sunday. They, hoped both players be- ready to meet on Thursday. Fischer arrived in Reykjavik early Tuesday.

The Icelandic Chess Federation had rejected his demand for 30 per cent of gate receipts, but he agreed to come after a London investment banker doubled the $125,000 purse which he and Spassky will divide. The 29-year-old American grandmaster was resting from the overnight flight in a guarded villa at the edge of town when Spassky counterattacked in the holdout department. The 35-year-old Soviet champion read a prepared statement calling the American's conduct insulting and intolerable. Vietnam: U.S. Planes Hit Depots Near Hanoi Enemy Claims Civilian Homes Bombed Tuesday SAIGON (AP) American jets wrecked three major depots on the edges of Hanoi Tuesday in the heaviest raids on North Vietnam in weeks, and a.

7th.Fleet task force sank or damaged 12 supply barges off the North Vietnamese coast, the U.S. Command announced today. In South Vietnam there was heavy fighting on the northern front and Hue was shelled for the fourth day. But no progress was reported from. the paratroopers who reached the outskirts of Quang Tri City on Tuesday.

North Vietnam claimed that U.S. planes bombed and strafed residential areas of Hanoi, "killing or injuring many persons, and destroying or damaging hundreds of dwelling houses." The U.S. Command denied ordering any attacks on civilian targets and said it had no information "indicating other than military targets were hit." spokesmen acknowledged there may have been people working in the three supply and depots that were attacked during more than 320 strikes in North Vietnam Tuesday. North Vietnam also claimed that two F4 Phantoms were shot down during the raids. The U.S.

Command said it had no plane to 'report yet. But it did announce that interceptors shot down a pair of Phantoms southwest of Hanoi on June 27 and a surface-to-air missile 'brought down" a third Phantom 40 miles northeast of Hanoi July Two of the fliers were and four are missing, cpmrnahd said. During th'e last weeks, the U.S. Command has repojt- ed nine planes lost over North Vietnam and 16 fliers missing, raising the toll since the re. sumption of full-scale bombing on April 6 to 54 aircraft downed and 61 airmen missing.

In a delayed report which apparently had to be cleared by the Pentagon because of its political sensitivity, 'the command said that a naval task force last Saturday caught a flotilla of barges transporting supplies from offshore freighters presumed to be from the Communist bloc. Navy spokesmen said the destroyers Berkeley, Everett F. Larson, and Gurke waited until the barges were clear of the freighters, then blasted them with their five-inch guns. The spokesmen said the deslroyers' radarmen observed that 12 barges were sunk or damaged, but the ships were unable to identify the nationality of either the freighters or the barges because of darkness. Radio Hanoi claimed today that North Vietnam is getting war supplies by sea through 12 coastal points which the United' (See Vietnam, pg.

20) THE McGlasson, son of Mr. and Mrs. Loyd McGLasson of Ncosho Rapids, holds the winning entry in the Turtle Derby held Tuesday at the Neosho Rapids Indepen- dence Day celebration. The celebration also featured a pie- eating contest, fireworks, free watermelon and a number of games..