Beckley Post-Herald from Beckley, West Virginia • Page 1

1. 1 1 1 1 1 1 1 1. 1. BECKLEY POST-HERALD EXPONENT OF THE WEST VIRGINIA SMOKELESS COAL Member of Audit Bureau of Circulation BECKLEY, WEST VIRGINIA, THURSDAY MORNING, JULY ARMIES BREAK THROUGH ACHESON PLANS American Land-Based Planes Inflict SNYDER WARNS 40 Pyongyang, North And Its Port City Communist Forces Probing MacArthur's, Tokyo Daylight are and enveloping some was described as dead in Army. infantrymen wounded four American casualties were the Navy.

did not menposition which isolated last night. that activity was that general area. envelopment may be enveloping movethe the! reported. land-based planes damage" at Korean capital of port of Chinnampo, just above the 38th supply route to MacArthur head-; communique at midnight actions. targets were still two days of bomb-: from American planes.

It was Korean Air Force bombers just below the border at railway of Munan. Good reported. 158 sorties, set on fire, damaged, and tracks rocketed and strafed, said. was reported the were still getting material across the indicating "prepara-reelection aggressive acthe U. S.

Army move supplies and personnel by air Japan to Korea." carrier planes in the came from the U. S. Forge and the H. M. S.

Triumph. Tuesday they hurlat Pyongyang damaged its airfield. the base for most air operations. and machinegunbridge nearby, then 40 miles south: Jet. locomotives.

fighters de-! damaged tank car flaming. of two rail seen to collapse. were made on the bridge and its ap-: strafed and rocket train. Fires were stock Pyonglang sufto heavy damgunboats were strafed River. which Pyongyang to Chin-: model Yak fight- the Monday.

said. and six Yaks were straied on the Capital, On Says 'Bypassing, Movement' (AP) General before 1 p. m. Korean Communist probing area where situation no American four reported missing. No reported for The communique tion the American was reported But it showed continuing in "This local part of a larger ment from from communique American day inflicted the North Pyongyang, its and at Haeju parallel on the the south.

A quarters announced the Northern rocking from ing and strafing and British their first attack war. Today the made sorties tracks northwest south results were Fighters made porting a 12-car a locomotive and bridges the communique While it Northerners troops and Han River, tion for further tion," it said "continued to munitions and and sca from The first Korean war carrier Valley British carrier, Monday and ed fierce attacks and heavily reported to be of the North's nether river bombed struck at Sariwon, of Pyonglang. stroyed 12 and left a Pilots said one they hit was Direct hits Taeciong River proaches. Navy fliers bombed a troop set at Chinnampo. and rai! fered "moderate age." on the Tacdonz flows from nampo.

ers Two were Russian communique and two LI-2s ground Tuesday. DENFELD ENTERS MASS. GUBERNATORIAL RACES BOSTON, July 5-(P) -Admiral Louis F. Denfeld tonight ed his candidacy for Republican nomination for Governor of Massachusetts. The 59-vear-old ousted chief of naval operations promised a lighting campaign in his political diebut with the assertion: "I shall pull NO punches and shall tell the truth as I see Strong Republican support has been assured the retired admiral.

but he still faces a fight in the primary. Three veteran political campaigners are already in the race -one of them former Arthur W. Coolidge. a fourth cousin of the late President Cal-: vin Coolidge. Denfeld faces the prospect of mecting one oi his World War.

officers in the election in the event he wins the Republican nomination. Gov. Paul A. Dever. 48.

a Navy during the last war. appears sure of winning the Democratic nomination in his bid for a second term. Firestone Sees Need For Synthetic Rubber NEW YORK. July 5 man Harvey of S. Firestone Firestone, Tire Rubber, said today at least two of the Government's stand-by synthetic.

plants should be made ready for production as soon as. possible to avert a possible rubber crisis in the far east. is impossible to predict how far the Korean affair may spread." he said 17 2 statement. "In any event we should start immediately to increase our supply of syn.thetic rubber." its CINCE THE telephone direc) tory does not list the PostHerald, you to know its number is 3321 VOLUME L- 31 RED TRUTH BARRAGE AGAINST RUSSIA Vastly Expanded 'Voice Of America' Laid Before Senate WASHINGTON, July 5 'AP) Secretary of State! Acheson said today his department has drafied plans for great campaign of truth" to counter the MosCOW directed broadsides of propaganda against the United States. The program was drawn up response to recent orders given! the State Department by President Truman.

The latter is now considering the plan. Acheson told about testi-; mony before a Senate Foreign Relations subcommittee which is: considering a resolution by Sena-: tor Benton for en vastly expanded "Voice of America" pro-: gram. Other witnesses included George C. Marshall, Gen. Dwight D.

Eisenhower and John Foster! Dulles. All strongly endorsed proposal for a Plan of Ideas." Even: as they testified, dispatch-; es from Moscow told of angry headlines in the controlled Soviet press denouncing the American action in Korea and mobilizing public indignation against the United States. One Moscow newspaper quoted 8 woman speaker as saying Pres-! ident Truman would "pay for crimes in the same way Hitler had." Gen. Eisenhower told the Senate! committee the intervention of U. S.

armed forces in -invaded Korea has been so twisted by Soviet propaganda that been made to look like a "vicious" act of American imperialism. Urging a stepped-up program to combat the Moscow propaganda storm. Eisenhower declared: "Truth could almost be classified as our T-bomb (truth bomb) in this warfare." To direct 2 worldwide truth campaign, Eisenhower posed the creation of a "general -outside of the State Department-composed of top Americans drawn from all fields. Gen. Marshall agreed with Eisenhower that the United States should have a dynamic tion program to counteract Mos-! cow's blasts, but he warned that must not stretch ourselves 100 far" in terms of money.

Eisenhower concurred. He said it would require careful planning to determine when it is "better to convert a dollar into tanks or (spend it on) this program." "I think it is very important." Marshall said, that we meet the. Soviet procedure in what is called conquest of the minds of people." But he said he is firmly convinced that "we must confine our-: selves to the truth" and that eventually truth will prevail, even if it takes time. Secretary of State Acheson told: the Senators that the Communist campaign of vilification "jeopardizes the security of the United States and is a threat to the secur-28. ity of the free world." Continuing.

Acheson declared: "The United States has been a special targe: of 2 Communist campaign of falsehood and abuse." Heavy Damage Korean MacArthur's Headquarters Continuing Their And Enveloping TOKYO, Thursday, July 6 communique issued shortly Time (10 p. m. EST), said continuing their "bypassing, movement" in the Sumon-Osan can troops are positioned. "extremely fluid." The communique reported Air Force or Navy actions and hostilities to date. MacArthur airmen wounded and six Romania Orders Last Of Vatican Bishops To Leave LONDON, July 5 (AP) Ro-; mania nounced today that 'she! has ordered American Bishop Gerald P.

O'Hara, last Vatican diplomai in an iron Curtain land his two chief aides to leave country, in (three days. The Soviet satellite charged that the nunciature, the Vatican's diplomat mission, was a center of "Anglo American espionage" Romania, Hungary and Czechoslovakia. The action was no surprise to the Vatican. A Romanian source at Vatican City said a week that Romanian authoritics nad been trying to get rid of the bishop for, months nd that the outbreak Korea "probably persuaded the regime to make an end of his' case." The Romanian news agency Agerpress said in the broadcast: the Romanian foreign office told Bishop O'Hara yesterday he must! quit the country by Friday. Ousted with him were Msgr.

Delmestr De land Chonbert, the Italian auditor, Msgr. John Kirk, the Ameri-! secretary of the Both Bishop O'Hara and Disgr. Kirk are from the diocese of Savannah-Atlanta, The Romanian foreign office based its spying charges on treason trial of seven persons who: the were sentenced only last Nicolau Popescu, former chaufcur at the nunciature who was sentenced to seven years in prison, testified he had been hired to spy by Bishop O'Hara. Vasile Ciobanu, former pilot for. Former King Mihai.

and Nicolai Valsan. a former official 'in the Romanian merchant fleet, were sentenced to death. Alexandru Ciocalteu, a lawyer, Mircea Bente. an engineer. Aurelia Cernatescu.

only woman diefenciani, and Kiazim Akiuan. a. Turkish ship captain. drew sentences ranging from 10 to 20 At the -day trial the seven were charged with gathering in-; formation and sending it to an -American espionage" ceniter at Istanbul, Turkey. Efforts to reach the bishop by telephone to comment on the charges have been unsuccessful since the start of the trial, June A Czech telephone operator at Prague she got through to the nunciature.

but "Bishop O'Hara is not present and his secretary refused to speak." Murder Victim's Mother Testifies Against Accused The mother of an alleged Goldic victim testified yesterday that Mae Garrett of Stanatord told her she "didn't need anybody to help kill" her son "because he told me he didn't want mie any more." The witness. Mrs. Mamie White. mother of John Henry who died from shotgun blast in the Garrett home on April 31. said she talked with the defendant shortly after his death in: the presence of Mirs.

White's sister. Beulah Carter. "I asked her did she kill John 07 who helped her kill him." Mrs. White said. Jirs.

White quoted the Garrett woman as saying: "I didn't anybody to help me kill John because he told me: he was going home. He didn't want me any more. He said vou were going to give him $100 if he came back." Mrs. Carter. under questioning by Prosecuting Attorney Ned: Ragland, said she heard the de-: fendant claim that Shorter hart also been offered 3 new car by: his mother if her returned home.

Mrs. Courtney Motley of East: Park. a neighbor of the Garrett woman. told criminal courti jury that "Shorter liver with Goldie." Mrs. Courtney said there was Vacation Time Have The -Herald Folior: you each day while on vacation.

33c per week cash with order or at circulation desk. No Charge Accounts. Phone 3321. WEATHER West Virginia Scattered thundershowers Thursday. Highest around 80.

Friday partly cloudy and less humid. REGION 6, 1950 Associated Press Leased Wirn U. S. 40 Russian-Made Korean Tanks Outpost; By The ASSOCIATED TOKYO, Thursday. July 6-North Korean Korean defenses south of Suwon as the Far East against the defenders.

An American advance element was cut off had been able to pull back to new lines. Associated Press Correspondent Tom lime feared captured by the North Lambert, battle and Koreans, got reported from Tacjon that 40 made forcing all American Korean tanks overran the American unknown number of wounded. withdrawal and leaving Lambert quoted reliable sources: SENATORS MORE TAXES NEEDED Calls For Improvements In Tax Bill Passed By Lower House icise cuts, to impose larger taxes in the Americans had knocked F. Dean made a tour of the battle other directions not only to offset out seven tanks but the Reds were sector this morning. the excise loss but to pour mil-! continuing the drive Advance headquarters said the lions additional into the Treas- Red infantry followed the Red.

Americans believe the North! ury. tanks. Korean tanks are Soviet twoThe a nine-ton light tank seventies. implied that the Americans suffered casu-: mounting a 67-milimeter alties in the battle that preceded others. gun 000 excise slash voted by among House is too large and he told said they were believed Advance headquarters also the the break-through but Lambert moderate.

fulated that North Koreans specSenators that bill does not go far! Lambert also might enough in raising new revenue. positions to which reported that Americans the the bring 50 more tanks into! In his first statement since withdrew fighting zone but night ex-! the Americans began fighting in Ko- are HOW believed perience difficulty supplying them rea, President Truman's chief fis- I threatened by the fast-moving with gas and ammunition. cal spokesman told the Reds. Northern supply lines, while i "Increased disturbance to world: Lambert said that at one time they would not seem troublesomepeace would involve increased de- during the breakthrough Ameri- long yet, may prove exiended mands upon us which would re- can artillerymen threw open their because of the rough quire additional fiscal measures. gun sights and fired point blank high rivers due to recent rains.

If during the course of your con- lat the Red tanks. sighting down: The Korean Red radio at of this legislation it the gunbarrels, so close was longyang claimed today that two appears that we are confronted fighting. They later immobilized American light cruisers had been with a substantial increase in de- their guns and withdrew when sunk by North Korean Navy units, fense expenditures and strains on: armor overran the positions. la claim U. S.

Navy spokesmen in the economy. I shall not hesitate: The fight preceding the break- Tokyo promptly called "fantas-! 'to so acivise you." through began at 8 a.m. yester-: Snyder appeared as the first day and the GI infantrymen The U. S. Navy here said the witness as the Senate committee gan running low on ammunition U.

S. did not have two light cruisbegan consideration of the House- at 3 that time survivors ers in the area. The Red'radio approved tax bill. This meausre were ordered to evacuate. Some the cruisers were sunk during a proposes slashes in excises in furs.

Americans bad to evacuate! seven-hour battle. jewelry, movie tickets, luggage, through 2 town in which three. The Pyongyang radio did not: cosmetics. travel tickets and scores parked Red tanks kept them specify what naval craft the of other items. It imposes new der fire.

Others pulled back: Northerners possessed that taxes on corporations, plugs through a less hazardous capable of taking on was; route. a light cruissome "loopholes" and makes other! Meanwhile at advance Ameri-! jer, but the claim caused some obchanges designed to make can headquarters in South Korea servers in the South to tax law recollect up virtually all the it was officially announced that frecent stories of excise loss. the situation was "a little better submarines in 000 large Russian Far Eastern waters. Tax writers in the House inser-: this morning than it was last General MacArthur's communited the corporation tax increase to (south of Suwon) because announced that the Northernavoid the threat of a veto. Mr.

ican reinforcements are being Hers also Truman had indicated he would! rushed forward. east end of attacking were reject any bill providing for an continued movement in threat to The the front a overall revenue loss. all night long." the forward Ameri-. same spokesman said South can positions. The measures, while designed to Korean troops had offered ouly! squads continued prevent 2 provides no net; slight resistance to the Reds south to hunt for.

the Red loss, increase in revenue. The House of Suwon the armor that cut Mr. but had done better on. advance American elethat it $1.000,000,000 the front near Wongju. Lambert ments.

The weather ignored Truman's proposal! bring in neti reported that the South Koreans planes from kept war-! additional, after excise losses were broke attacking the breakcovered. and rushed down from the through Red tanks and troops. Snyder endorsed the House hills, heading south away from The tanks moved down the proval ap- the during the break- highway from of all increase of about; through fight. 123 miles conquered Suwon, $433,000.000 in taxes on large: south of Seoul, the fallen corporations, out took a dim view Lambert said they broke before South Korean capital, to the point of the rejection of some of Mr. an attack by an estimated 40.000 .000 of battle and break-through.

Truman's revenue-Raising pro- Red invaders drove south: The action came near the despite rain and fire of American: way station at SoJong. 18 miles artillery. south of Suwon. Sojony appears: Celebration support Overcast as July skies 6 dawned hampered over air to zigzag be the course western for more anchor than of 60: a the battlefield. miles to the northeast.

WASHINGTON, July -(P)- Secretary of the Treasury Snyder advised Congress today to. proceed now with a dollar slash in excise imposts. But he served notice that higher not lower taxes may be asked in the future. if costs of the fight on Communist aggression mount. Moreover, he urged the Senate Finance Committee.

in voting ex-! Bloodiest In U. S. History By ASSOCIATED PRESS The long, slam-bang Fourth of July celebration was the bloodiest holiday period in the nation's peacetime history. It brought sudden and violent death to at least 793 persons-on the highways, in homes, or at beaches, swimming pools, picnic grounds and other recreational spots. presiden: of the National Safety Council, Ned H.

Dearborn. said it makes America's part in. Korean war during the same "look like a Sunday School picnic. The previous nigh holiday acfatality record of 71 was set during teh Christmas week end in 1836. day An Associated Press survey of violent deaths directly or rectly attributable to the four day holiday celebration showed: Traffic accidents killed 491.

new post war high and exceederi only by the 555 traffic deaths dur-16 ing the 1936 season. Drownings took 179 lives. Fireworks killed only 55-year pid South Dakota farmer in charge of igniting a public display. Other types of accidents brought death to 122. The deaths occurred between 6 p.m.

local time Friday and Tuesday midnight. Informed of the results of the survey. marie on a state-bystate spot check. Dearborn said: "There is no rhyme or reason 10 this butchery and couldn't happen if the people once made up their minds must no: happen. Years ago fireworks Conk 3 terrific toll every Fourth of Juiv until public opinion demanded that stop.

Now traffic is taking even more hideous toll but so far. public opinion seems to say 'nothing can be done about it." The council had forecas: a highway death toll of only 395. The fatalities ran far ahead of expectations and of comparisons with other periods. John Larson of Mission, S. D.

became the sole fireworks victim when a large display of explosives. depicting an American flag blew up in his face. Only Delaware escaped without single fatality relating to the celebration. New Hamp- PRICE 5 CENTS LINES North Overrun Retreat Mark Clark, 72, Postmaster For Daniels, Is Dead Mark Clark, 12, owner of Clark's Funeral Home and postmaster at Daniels for 33 years, died at 7:55 a.m. yesterday.

Born at Camp Creek Jan. 1878, was the son of Mr. and he 23, Mrs. John Clark. He had lived at Daniels for the past 34 years.

Funeral services will be conducted residence at 2 p.m. Friday from the el with the Elder John Foley and Elder George Foley officiating. Interment will follow in Sunset Memorial Park. The body will be removed from the Rose Funeral Home to the residence at 10 a.m. today.

Survivors include his wife. cinda Green Clark; five daughters, Mrs. Mae Poteet and Mrs. Cora: Blevins, of Beckley: Nirs. Mary Baisel, Crab Orchard.

Mrs. Ruie Ramsey, Maxwell Hill, and Miss Wanda Clark. at home; five Carl, Shady Spring; Cyrus, Frank. and Virgil. all of Daniels, and Fred, of Beckley.

Three brothers. Luther, of Becklev. Landis. of Glen. Arm, land Watson Clark, Quinwood; three sisters, Mrs.

Brooks Harvey, Mount View: Laura Johnston. Tazewell. and Mrs. Lou Massie, of Spanishburg; and nine grandchildren. OKLAHOMA SENATOR TRAILS IN PRIMARY OKLAHOMA CITY.

July 5-(P) Senator Elmer Thomas (D-Okla) trailed Rep. Mike Monroney for today and faced the first run-off in his political career as he bid for a filth G. S. Senate term. Monroney, Fifth District Congressman for six terms, held 14.201-vote lead over Thomas! a with only 191 of the siate's 3,786 precincts unreported.

Returns from 3.595 precincts gave Monroney 196.804 votes to 182.603 for Thomas. Both candidates immediately pledged a hard campaign for tion is necessary because the July 25 run-off. The second elecother five Democratic candidates drew sufficient votes 10 keep Monroney away from a clear majority. Fourth Of July PRESS yesterday broke through South war developments continued to go there were indications most of its mien at one! out of the Russianoutpost, behind an Lambert said the two tanks cut in between the advance position and supporting U. S.

forcing the artillerymen to withhold their fire. MacArthur's headquarters communique said the frontal attack had forced back inc defenders: American and South Korean troops--to high ground north of: Osan. Osan is 11 miles south of Sunion and seven miles north of Sojong. More North Korean men and arms were streaming across the; Han river south of Seoul. The northern invaders appeared to be building up for an even stronger push.

The drive was rolling southward on its own power. far from its bases. Reds Claim Two U. S. Reporters Taken Prisoner TOKYO, Thursday, July 6 -(P) The Communist North Korean radio asserted today Correspondents Tom Lambert of the Associated Press and Peter Kalischer of United Press had been captured in South Korea.

U. S. advanced headquarters said later Lambert was safe. The Tokyo office of United Press said Kalischer has not been heard from since yesterday when it was informed he had gone to the war -front around Suwon, 23 miles south. of Seoul.

It said no news copy had been received from Kalischer, The Red radio at Pyongyang declared both Lambert and Kalistaken prisoner in a "Northern victory" on the Suwon front yesterday. Whatever had befallen Kalisthe Red radio report about Lambert was denied this morning by U. S. Headquarters in South Korea. A telephone report from headquarters to Tokyo at 9:30 a.m.

said (6:30 p.m., E. S. Wednesday) all Associated Press correspondents were safe. The Pyongyang radio report about Lambert had this background: Lambert was in the battle area with American troops yesterday. For Several hours he did not contact the AP bureau in Tokyo.

Tokyo expressed fear he might have been trapped. This fear was expressed in dispatches carried in the United States and abroad by the Associated Press. Later, however, Lambert got a telephone call through to Tokyo. But reports snowballed that Lambert had been captured by the Reds. Last night a Radio Australia broadcast.

monitored here, said Lambert bad been taken prisoner. Shortly before the North Korean radio's report about Lambert and Kalischer was received here Lambert again had talked by telephone with the Tokyo AP bureau. An hour and one-half later, advanced headquarters said all AP correspondents in Korea were safe. shire had an unblemished record duplicating its death- showing for the Me-: morial Day weckend, but state miscellaneous death and one drowning. Rhode Island had no traffic or miscellancous deaths but reported one drowning.

Deaths by states from traffic accidents, drownings and miscel'laneous causes in that order: Alabama 22 7 0. Arizona 1 i 0, Arkansas 5 5 3. California 25 18 12. Colorado i 3 0. Connecticut: 2 3 5.

Delaware 0 0 0. Florida 8. 3 4. Georgia 13 I. Idaho 5 3 1.

Illinois 25 1 6. Indiana 14 5 5.: Iowa 13.3 0. Kansas 6 0 0. KentucLouisiana 5 0. Maine.

1 3 3. Maryland 6 6 0. 2 1 2. Michigan 36 13 5. Minnesota 9 7 6.

Mississippi 7 2 0. Missouri 13 4 1. Montana ti i 3.1 Nebraska 3 i 1 I. Nevada 0 0. New Hampshire 0 1 I.

Net Jersey 7 2, New Mexico 6 0 0: New York 29 11 12. North Carolina 23 8 5. North Dakota 1 1 1. Ohio 23 3 Oklahoma 9 1 I. Oregon 4 2 0.

Pennsylvania 0. Rhode Island 0 0. South Carolina 26 6 3. South Dakota 20 (one fireworks) 0. Tennessee 17 3 Texas 30 7 9.

Utan 20 1. Vermont 1 2 2. Virginia 15 3 5. Washington 9 6 2. West Virginia 0 0 1.

1 1. 1. 1. Wisconsin 12.0 0 6. Wyoming 1 1.

1. 1. Columbia 0 2. Italian Gets Help From Woman. Dead 40 Years NEW YORK.

July 5- Dante Seccia. broke. out of work and sat down 1:1 his humble home in Italy and wrote 7 letter not long ago. He addressed it 10 Dr. Elizaboth Blackwell Now Infirmary.

In it, Seccia pleaded for streptomyc.n, the drag used in treating. tubercuiosis. There was none to be had in Haly. he said at least not tor him. Today the infirmary Du: 50 grams of the drug aboard a plane for Italy.

It's for Seccia and won't cost him a a a a a a a a cent. But authorities wonder where: Seccia got hold of Dr. Blackweil's. name. She was New York's first women doctor.

And she's been dead for 40. ycars. The formal announcement the fall of Inchon, Seoul port. fin-: ally was made at advance American headquarters. Naval facilities were withdrawn firsi.

Commanding General William Negro Sues Greyhound Bus For Discrimination CHICAGO. July 5 (P) A. Chicago Negro who charges that she was discriminated against because of her color today sued the Illinois Greyhound Lines for $200.000 damages. Mrs. Jennie B.

Lyons charged in her Federal Court suit that she was forced to give up her sea: to a white passenger Sept. 9, 1949. during a bus trip from Chicago to Ruieville. Miss. Senate Postpones Vote On Pike's Nomination WASHINGTON.

July 5 -(P)- The Senate, hampered by the absence of many of its members, today postponed its decision on confirming Sumner T. Pike for reappointment Atomic Energy Commission. The vote, originally set for todav. will had Monday (3 p.m. EST).

Democratic Leader Lucas of Illinois asked that the vote be put off after conferring with Senator McMahon (D-Conn). chairman of the joint atomic energy committee, and Senator Hickenlooper (R- lowa). a member of that group. only one bedroom in the Gar-: ret: home and that several of the defendant's children also lived in the same household. minother neighbor "heard of a the shot defend-: fired in the Garrett home" bat didn't investigate.

Asked why he failed to look into the incident the witness said: don': walk in the night; time." Trooper C. C. McGraw. who arrested the defendant. told of going 10 her home immediately after the shooting and finding "a fourth of a bottle of wine" lying 111 A chair.

McGraw said there was no indication that the Garrett woman had been drinking. The officer said the defendan: "told Die she had been hit by Shorter 011 the top of the hear and she showed me A cut there." The shotgun, 2 weapon. was lying acainst the wail of the bedroom where the corpse was found. McGraw said. said there WaS one spen: shell in the left chamber and one load in the right chamber.

cross-examination by Defense Attorney W. A. Thornhill: McGraw admitted the defendant: shad dear record prior to the sh. oting and had never been in: any trouble as far as he could learn. Thornhili paraded more than hall 3 dozen character witnesses to the stand to testify as to her "Cond reputation." Among them were Patrolman James Kidd, Jack Nuckols, and Jose Moran.

Serving Of State Senator M'Kown As Racing Chief Is Ruled Illegal B.y LEF. GARRETT CHARLESTON, July 5 State Senator C. H. (Jackie) McKown has served as chairman of the Racing Commission durinz the last year despite the attorney general's opinion that he was no: cligible. Attorney General William C.

Mariana disclosed today that ho had advisco Governo: Patteson on July 15. 19:9. the day McKown took office. "In our opinion. a member of the Logislature.

and particularly a member of the Senate, is no: eligibie to be appointed on the West Virginia Racing Commission." MicKown actually was appointed he Governor Paticson twO days earlier. to take office On July 15 for 3 term ending March. 21. 1951. The Governor declined to comment on the disclosure, which was made in connection with a ington Repubican's filing for: what he said was the remainder MicKown's Senate term.

Asked if McKown would continue as A manse: and chairman of the commission, the Governor said: "I will give the matter careful: study and decide what is the next action to take." McKown. reportedly attending the National Education Associaticon convention in Louis. was no: available for comment. The question was J. W.

(Jack) Gibson of Huntington, who tied formally for A shortterm Senate nomination from Wayne County. Hie contended that by accepting the pOst as Racing Commission: chairman. MicKoun nati automancally vacated his Senate seat. Mariann. in a formal opinion prepared for Secretary of State Pitt Brien.

rejecied Gibson's: contention that there was 3 Vacancy and deciared that under the Constitution, the Senate is the sole judge of the qualitications of its membership. "Until the Senate of West Virginia has passed the facts" Marland wrote, "there is no vacaney in the office of Senator from the fitth senatorial district, now neld by Senator McKown." He expressed the opinion that! "neither this office nor the Supreme Court of Appeals of West Virginia has any jurisdiction in this matter (which) concerns the qualificctions and eligibility of a member of the Siate Senate." Chief Clerk John D. Alderson: of the Secretary of State's office saici Gibson': certificate. along with his $20 filing fee, would be returned to him. Mariand's advice to the Governor a year ago was delivered by letter as an informal opinion.

Marland at that time was an assistant attorney general. That opinion was no: published ai the time, and was not made today. But the pertinent quotation concerning MicKown's eligibility Racing Commissiou post was quoted in the opinion prepared for the secretary of state. Gibson. in tiling for the office, referred to the informal opinion, which he interpreted as vacating McKown's Senate seat.

The state Constitution provides ithat "no person holding a lucraoffice under this state shall be eligible to a seal in the Legislature." Today's Baseball 8:15 p. m. Cincinnati at St. Louis WCFC 101.3 Mics..