Arizona Daily Star from Tucson, Arizona • Page 1

House Probers Applaud Lavelle's Bombing Raids TOP WASHINGTON (AP) A House subcom one of the most "peculiar aspects" of the Viet said in a telephone interview. "Whether it was authorized the strikes between Nov. 7, 1971, and March 9, 1972. The rules, it said, permitted U.S. pilots to strike enemy SAM antiaircraft gun sites that fired at them or were "activated against" them by radar.

But Lavelle's firm conviction, the report said, was that with SAM sites tied into North Vietnam's routine surveillance radar network in 1971 "common sense and the law of survival compelled the assumption that SAM-AAA sites in North Vietnam were always 'activated against' U.S. or allied aircraft." Hebert's subcommittee said apparent fail mittee says the unauthorized U.S. air strikes ordered by Gen. John D. Lavelle against North Vietnam last winter "were not only proper but essential." Siding with Lavelle and against Gen.

John D. Ryan, Air Force chief of staff, an investigative subcommittee of the House Armed Services Committee said the U.S. strikes were justified by a new enemy radar setup that put American pilots in danger of being fired on without warning. The subcommittee, in a report released Monday, called the 1968 bombing halt in effect at the time Lavelle authorized some 28 strikes ure of Lavelle's superiors "to comprehend the altered tactical situation is one of the principal problems of attempting to direct a war at a distance of 10,000 miles." The subcommittee said that as a commander Lavelle must be held responsible for four false reports saying pilots had responded to specific hostile enemy acts when they had not. But the report said Lavelle's order that "we cannot report no reaction" might have been misinterpreted by his personnel as an order to lie when in fact Lavelle meant that the new enemy radar setup constituted constant reaction.

of the nam war. It said President Nixon's resumption of the bombing "appears to have resulted in a significant increase in the earnestness of North Vietnamese peace negotiators." Chairman F. Edward Hebert, said the subcommittee drew no conclusions on whether Lavelle's air strikes were legal, but both Hebert and the subcommittee report clearly approved Lavelle's decision to order the strikes. "Lavelle fought the kind of war I was saying should be fought six years ago," Hebert legal or not is up to how you read the facts." Ryan told Hebert's subcommittee he fired Lavelle as commander of the 7th Air Force in Vietnam because the air strikes were not "protective reaction" permitted under terms of the 1968 bombing halt. In fact, Ryan said in testimony released with the report, "they were briefed before the pilots ever took off, to go and hit a target, whether any reaction came or not." But Hebert's subcommittee said the protective reaction rules established in 1968 "had been overtaken by events" when Lavelle NEWS GENERALLY FAIR.

Fair weather is expected today, with little change in temperature. The predicted high is near 70 and the low about 40. Yesterday's high was 69 and low was 44. A year ago the high was 55 and the low was 44. Details on Page 4A.

Global wm pattto FINAL Edition FORTY-SIX PAGES TUCSON, ARIZONA TUESDAY, DECEMBER 19, GURU'S TRAVEL. India has taken the passport of a teenage Indian guru, thereby blocking his attempts to travel around the globe dispensing his "perfect knowledge." There is no indication when, or if, the passport will be returned. Page 22A. POPE'S MESSAGE. In a message addressed to all world leaders, Pope Paul says "peace is possible" although he avoids direct reference to the war in Vietnam.

He also urges stiffer penalties for drug traffickers. Page 20B. OCCUPATIONAL CANCER. A World Health Organization report says that occupational cancer may be far more common than is generally believed and that industrial concerns may be hushing up the stcry. Page 20A.

Nixon Lifts Restrictions Heavy ITiUIIUS Fifteen Cents VOL 131 NO. 353 FarOut I I j- I A i' 'It -''M '9, to On Hanoi Ordered i i iff' i 1972 if. targets from which North Vietnam is supporting continuing infiltration into the attacks against the Republic of Vietnam. This includes the Hanoi-Haiphong area." President Nixon had ordered attacks above the 20th Parallel halted in October as a gesture of good will toward concluding a peace agreement. The area above the 20th Parallel includes the Hanoi-Haiphong heartland of North Vietnam.

The White House said Nixon ordered the resumption of the bombing "to cope with another enemy buildup" and forestall a possible enemy offensive. Presidential press secretary Ronald L. Ziegler refused to link Nixon's decision to the statement on the peace talks. He said the "road to a negotiated peace is wide open. We want a rapid settlement Radio Hanoi has reported that the planes put down new mines and fired rockets into Haiphong's suburbs.

The mines originally laid down last spring More than 1 00,000 miles from earth, Apollo 1 7 astronauts Ronald Evans, left, Eugene Cer-nan and Harrison Schmitt find humor in a question beamed to their spaceship during an 80-minute news conference relayed through Mission Control in Houston. All three stressed that they considered the nearly-finished Apollo program the beginning rather than the end of man's exploration of "rephotoj Astronauts Head For Landing Today Bombs Emphasize Futility Of Talks fC National TV STATION CURBS. The Nixon administration has drafted legislation which, if revisions are okayed and the Congress passes it, would hold local television stations responsible Tor the taste and balance of their programming and renewal cf their licenses would be at stake. Page 11A. HOT DOG CONTROLS.

Federal officials are preparing new meat standards that will ban from hot dogs such meat by-products as beef lins, pork snouts, hearts and tongues. Page 23A. ALLEGED RAILROAD SABOTAGE. Three women and two men are arrested for allegedly sabotaging railroad equipment near a factory that makes bomb casings used in the war in SE Asia. Police say the antiwar activists may be linked to the Berrigans.

Page 21A. SUPREME COURT. In a unanimous ruling, the U.S. Supreme Court ends compulsory chapel attendance at the U.S. military academies, turning down the government argument that future officers must have "an appreciation of our moral and religious heritage." Page 21A.

PRICE CONTROLS. Top administration officials confer with business leaders about the possibility that some firms or industries could be granted exemption from price controls if they agree to keep prices within the administration's guidelines. Page 6A. NIXON NOMINEE. President Nixon knew when he nominated William P.

Clements Jr. to be deputy secretary of defense that he was named in a suit charging conspiracy and fraud In an Argentine oil deal. Page 13A. LOCKHEED LOAN. The Lockheed Aircraft Co.

probably will be able to repay its $250-million federally guaranteed loan but the firm still faces financial difficulties. Meanwhile, a former Lockheed employ accuses the General Accounting Office of whitewashing its probe of waste in the building of the C5 transport plane. Page 14A. BOYLE QUITS UMW. 'Tony' Boyle announces his resignation from the presidency of the United Mine Workers, meaning, in effect, that he will not contest the results of a recent special election that ousted him.

Page 14A. EQUAL EMPLOYMENT. Federal officials around the country charged with overseeing federal guidelines to ensure equal employment opportunity say the administration has all but abandoned efforts to provide broader opportunities for minority workers. Page 14A. BORDER PATROLLING.

Border patrolmen and Immigration Service officials say that the patrol of the border between Texas and Mexico has almost broken down and ask that a federal grand jury investigate "widespread abuses" in the Immigration Service in Texas. Page Arizona MAGMA MINE DEATH. An accident explosion at Magma Copper underground mine in San Manuel is fatal to a 55-year-old miner from Tucson. The death is the 10th in the state; 14 mine deaths occurred last year. Page IB.

GARTHE APPEAL REJECTED. Fired State Environmental Health Director Edmund Garthe is denied his appeal in a Personnel Commission decision that is the reverse of a recommendation made by a law-trained hearing of ficer. Page 8A. NO-FAULT INSURANCE. Insurance adjusting is a big business, and the public is clamoring fpr auto insurance reform says the deputy director of the state Insurance Department He and other officials agree no-fault insurance is inevitable.

Page IB. Index Bridge 24A Movies 5B Comics 20-21B Pub. Rec 23A Crossword 2L Thcsob Today 12A Editorial 22B Sports 2-4B Financial HOB TV-Radio 21B Good Health 7A Want Ads 12-19B SAIGON (AP) Under orders from President Nixon, hundreds of U.S. warplanes, including B52 heavy bombers, resumed attacks Monday night above the 20th Parallel of North Vietnam. U.S.

officials said the planes made the heaviest raids of the war against the Hanoi-Haiphong area. The two-month restriction on bombing was lifted after Nixon failed to obtain what he considered a just agreement to end the war. Officials said some targets in the Hanoi-Haiphong region were attacked for the first time in the war. Some of the raids were in the suburbs of the North Vietnamese capital, they added. The six-engine B52s had not struck above the 20th parallel since last April, and all bombing of the North Vietnamese heartland was halted in October as an assist to peace talks.

North Vietnam said its forces shot down four American tactical fighter-bombers and captured a number of pilots. The U.S. Command said it had no plane losses to report immediately. The command has a policy of withholding announcement of aircraft losses while search-and-rescue operations are under way. In Paris, the North Vietnamese delegation to the peace talks issued a statement "severely condemning" resumption of the bombing above the 20th Parallel but made no reference to the talks.

The statement said allegations by the Nixon administration that it is the North Vietnamese who are blocking a peace agreement "are without foundation and thus serve uniquely as pretexts for the United States to escalate the war." The attacks also prove, the statement said, that "the Nixon administration speaks of peace and makes war." The Soviet news agency Tass, in a dispatch from Hanoi, reported that U.S. warplanes attacked the suburbs of Hanoi on Monday night and that a fire raged north of the city. The Tass account said the attack lasted only 40 minutes. The Tass report came after U.S. planes with fighter escorts renewed the mining of Haiphong harbor Sunday night, military sources said.

In Washington, Defense Secretary Melvin R. Laird announced the end of bombing restrictions and told newsmen: "Air operations are being conducted throughout North Vietnam at the present time." He did not go into detail. Simultaneously with Laird's announcement, the U.S. Command in Saigon issued a statement saying: "We are conducting air strikes throughout North Vietnam against military Shortage ished-petroleum products important to the national security." The proclamation formally amends the basic 1959 petroleum import order to allow the interior secretary to boost Virgin Islands' imports. Ten days ago the administration announced it was lifting all Western Hemisphere restrictions on imports of No.

2 fuel oil for the first four months of 1973. This also was an effort to relieve what one OEP official calls an "extremely tight" supply picture. The spokesman said the subzero temperatures in the Midwest, coupled with a wet harvesting season which increased demands for fuel to dry corn and soybeans had brought pressure on both propane and heating oil stocks in large sections of the country. He said the announcements Monday will allow importers to "move out right away" in arranging for 1973 imports. In fact, he said, the 1973 import licenses can be used for imports this month.

are programmed for certain lengths of time and then become ineffective. They must be "reseeded" with freshly programmed mines. North Vietnam had announced after the new mines were dropped that despite what it termed war acts to compel it to accept a peace agreement, the Communist side, including the Viet Cong, would declare unilateral cease-fires of short duration for the Christmas and New Year holidays. Saigon sources said South Vietnam would do likewise and would make an official announcement Thursday. Such cease-fires are traditional and meaningless since, without effective international supervision, they always have been marred by scores of violations.

In announcing limited cease-fires would be declared, North Vietnam rejected again a proposal made last week by President Nguyen Van Thieu of South Vietnam calling for an indefinite cease-fire and release of American and Vietnamese prisoners while Saigon, Hanoi and the Viet Cong negotiate directly for a permanent settlement claims American planes put new mines into the water near Haiphong as early as Dec. 7, the day after Kissinger and Le Due Tho opened the last round of Paris talks. If true, and there has been no U.S. denial, that action could have hardened Hanoi's position rather than resulting in more concessions. White House press secretary Ronald L.

Ziegler, said Monday the bombing resumption is consistent with Nixon's May 8 pronouncements, which were aimed at forcing Hanoi to negotiate seriously. So while the United States "is not going to allow the peace talks to be used as a cover for another enemy offensive," Ziegler said the "road to a negotiated peace is wide open." But that road apparently will be paved with American bombs since Ziegler said the May 8 policy and Monday's resulting actions "will continue until such time as a settlement is arrived at." Truman' 's Kidneys Causing Concern KANSAS CITY (AP) Former President Harry S. Truman remained in very serious condition Monday night and the major concern to his doctors was his failing kidneys, which are less than 10 per cent effective. Truman remained semiconscious, although he had spoken a few words earlier Monday for the first time since Dec. 10.

The 88-year-old former president was admitted to the hospital Dec. 5 suffering from lung congestion and bronchitis. A hospital spokesmen said the 10 per cent effectiveness of the kidneys is a limit at which doctors become highly concerned. He said Truman's kidney function was less than 10 per cent and doctors could not speculate on how long a patient could survive at that leveL "At above a 10 per cent level, they can keep people functioning," the spokesman said. Truman's vital signs remained within normal limits.

His blood pressure was 118-68, pulse 66 and temperature 97. Early Monday, Truman was asked bow be felt "All right," he was quoted as saying. Fluid in his lungs had not increased, and his heart beat remains weak and erratic, but essentially unchanged, the hospital said. CO 1972 New York HOUSTON The Apollo 17 astronauts sped closer to the earth Monday night, on course and ready for their scheduled splashdown at 12:24 p.m. (Tucson time) today.

The USS Ticonderoga, an aircraft carrier, was waiting in the Pacific Ocean, about 400 miles southeast of American Samoa, to recover the astronauts and thus bring to an end the nation's program of lunar exploration. Weather in the recovery area was expected to be satisfactory partly cloudy skies, 10- Related Story, Page 8A. mile-an-hour winds and three-foot seas. The splashdown will be televised. Capt.

Eugene A. Cernan and Cmdr. Ronald E. Evans of the Navy and Dr. Harrison H.

Schmitt, a geologist, are completing man's ninth mission to the moon since Apollo 8 first circumnavigated the desolate satellite in December 1968. Apollo 17 was the sixth landing on the moon. At 4 p.m., when Apollo 17 was about 110,000 miles from earth and traveling 3,600 miles an hour, the astronauts started a space-to-ground Humor Times News Service news conference that was televised by Mission Control. The questions for the 80-minute conferenca were submitted by newsmen at the Manned Spacecraft Center and were relayed to the crew by the capsule communicator, Maj. Gor don Fullerton of the Air Force.

Reviewing what was accomplished during their three days on the lunar surface, Schmitt said that he and Cernan apparently "did look at some of the oldest rocks that it is possible to see." The geologist astronaut said that the oldest samples were breccias, coarse-grained conglomerate rocks that the two astronauts found at the base of the mountains near the Taurus-Littrow landing site, near the southeast rim of the Sea of Serenity. Schmitt also said that the layer of fine dark material covering much of the landing site was "apparently of relatively recent age." Some scientists have speculated that this dark mantle might be volcanic ash considerably less than one billion years old. The oldest lunar rocks so far examined by men crystallized 4.25 billion years ago, when the moon was about 400 million years old. be announced next month, but that the interim allocations were made early so importers could gear up for the winter months. OEP officials estimated that an increase of between 15,000 and 40,000 barrels a day could be realized from Nixon's decision to remove the Virgin Islands limitation on finished products.

The Virgin Islands limitation had been set in the past by presidential proclamation. Nixon's action delegates to the secretary of interior authority to permit additional imports from the Virgin Islands. The secretary already has such authority on shipments from Puerto Rico and is allowing at present 64,000 barrels a day of petroleum products to enter the mainland from the commonwealth. In a proclamation, Nixon said OEP director George Lincoln recommended that additional imports from the Virgin Islands be allowed to ease "an occasional shortage of certain fin WASHINGTON (AP) The futility of the private Paris peace talks has been underlined by President Nixon's decision to use bombs where diplomacy has failed. The administration couched its announcement Monday by the resumption of air raids throughout North Vietnam in terms of protecting American pilots and "to cope with another enemy buildup." But it is apparent from the timing that the President intends to show Hanoi it cannot escape U.S.

military retaliation for what he considers a lack of good faith in negotiating a just agreement. The American planes were given approval to raid throughout the North two days after presidential adviser Henry A. Kissinger said the Paris talks had produced no agreement because Hanoi had changed position on one or two key issues. Even though Kissinger talked Saturday of a settlement "99 per cent complete," it was clear the missing 1 per cent dealt with the central issue of the war-political control of the South. That this wide difference rules out a quick settlement was emphasized by the resumption of the bombing.

On Oct. 22. to demonstrate good faith, Nixon limited the air raids to below the 20th parallel, which is in North Vietnam but just above the demilitarized zone. But Nixon apparently no longer feels the need to show good faith to Hanoi in this fashion. The bombing resumption indicates also a belief that force might succeed where talk failed.

When asked about the logic of this in light of the failure of past bombing campaigns to bring Hanoi to an acceptable negotiating position, one government source challenged the assumption behind the question. According to this official, it was the mining of North Vietnamese harbors and the massive air attacks ordered by Nixon last May 8 that persuaded Hanoi to negotiate seriously. It may be, the source said, that Hanoi has to be reminded that the United States is not going to be tempted to sign an unsatisfactory agreement just because a settlement seems close. SitH, there is a question about the logic of the action. For instance.

North Vietnam News Analysis Nixon Acts To Relieve Fuel WASHINGTON (AP) The Nixon administration, in a move to ease winter fuel shortages, announced Monday that the 1973 oil import allocations will be at least as large as the 1972 allocations. The President also removed a limitation on importation of finished-petroleum products from the Virgin Islands. The action placed the Virgin Islands under the same more-liberal limitations which apply to Puerto Rico. Officials said the interim 1973 allocations were announced earlier than usual because of a "very tight" fuel-supply situation, especially in the Midwest, which has faced subzero temperatures recently. A spokesman for the Office of Emergency Preparedness said the 1973 allocations could be even greater than the 1972 level of 1.78 million barrels a day for areas east of the Rocky Mountains and 450,000 barrels a day for states west of the Rockies.

He said final figures will Womei 15-UA Honscope.