The Independent-Record from Helena, Montana • 1

The Independent Record From Montana's Capital -J1 1" '-f-'ir- A I i Helena, Montana, Thursday Evening, July Pages log lletani dyed Vi 4 MIAMI BEACH, Fla. (AP) -Democratic presidential nomi nee George McGovern Thurs day selected Missouri Sen. Thomas F. Eagleton to be his running mate in the race for the White House. The South Dakota senator, whose rise from political obscurity climaxed with a first-ballot victory Wednesday night, also summoned as many governors as he could muster to bolster a show of unity at the windup session of the national convention.

The announcement came If REMOVING THE DEAD Civilians carry bodies of relatives killed in ambush along Route 1 south of Quang Tri during the May offensive as a Buddhist priest, left, accompanies them to a simple roadside grave. An undetermined number of civilians and soldiers were killed along the road as they fled the city when it fell to the North Vietnamese troops in May. (Photofax) No Change Seen In Paris Talks Gits COITDS Vofte ymrae Also filing arguments with Court Clerk Thomas J. Kearney was Atty. Gen.

Robert L. Wood-ahl, who is represented by his chief counsel, Charles C. Hijackers Deal 10c A graduate of Harvard Law School, Eagleton was elected Missouri State Atty. Gen. at the age of 31 and four years later was successful in a bid for the governorship.

He and his wife, Barbara Ann, have two children. One sign in the hall read: "McGovern Will Bomb in November." "I'm not shifting my position on any of the fundamental stands I've taken," said McGovern, ringed by security agents as he faced the noisy, shoving demonstrators who had occupied the lobby six hours-earlier. Although his rivals were fall-continued on Page 2) By J. D. HOLMES Associated Press Writer "No question of like impor tance, of such breadth and magnitude, has ever been submitted to this court in its existence," a lawyer said today of the constitution-vote challenge to be argued Monday in Montana's Supreme Court.

"If the question is decided in the affirmative, the state of Montana shall finally be streamlined to meet the needs of the 20th Century rather than be saddled with a document of a previous era," lawyer-legisla tor Pat McKittrick went on. Speaking as a friend of the court and on behalf of the Mon tana Farmers Union, the Great Falls lawyer is one of 15 who will spend nearly five hours arguing whether Montanans approved or rejected a 1972 con stitution at the polls on June 6. The MFU, which supports the new constitution that Gov. Forrest II. Anderson has pro claimed as passed, contends the attack on the document "hinges on a techni cal and erroneous inter pretation of the will of the people." The reference is to the fact that more than 7,000 persons who got ballots failed to vote on the No.

1 question and oppo nents contend such ballots must 4 on 20 Mankiewicz indicated Eagle-ton had been picked because he would attract the support from more traditional elements of the party who have doubts about McGovern. Eagleton was an early supporter of Sen. Edmund S. Mus-kie's campaign for the Democratic nomination. However, he backed McGovern in the critical floor fight Monday night over seating McLrOvern dele gates from California.

A Roman Catholic from St. Louis, Eagleton in in his first Senate term and had compiled a liberal voting record. He is considered to be an ally of organized labor. Earlier the Missouri senator had openly indicated his interest in the vice-presidential nomination and had told report ers Wednesday night he was one of three leading contenders after Sen. Edward M.

Kennedy had rejected a spot on the tick et In that conversation with newsmen, Eagleton said he could help a McGovern cam paign because of his youth, his religion, his urban background and his ties with labor. Larish Pleads Guilty John V. Larish of Helena, employed by the State Department of Institutions until last May, pleaded guilty in district court today to embezzling $55,789 in state funds. Judge Peter G. Meloy sent enced him to serve 10 years in prison, but suspended six years of the sentence.

Larish was charged in an amended complaint filed today by Lewis and Clark County At torney Thomas 1 i which alleged that Larish took the money between June 12, 1968, and June 16, 1972. Lewis and Clark County sher iff's deputies transferred Larish to Montana State Prison at Deer Lodge after the sentencing. Laury Lewis, a state auditor, testified that Larish deposited in his own bank account in Helena checks which had been (Continued on Page 2) 13, 1972 PARIS (AP) The Vietnam peace talks resumed today after 10 weeks but the positions of both sides appeared unchanged. U.S. Ambassador William J.

Porter put before the conference the four-point package President Nixon proposed on May 8. The Viet Cong's chief delegate, Mrs. Nguyen Thi Binh, told newsmen she was ready to negotiate on the basis of the seven-point proposal she made a year ago. Hanoi's chief delegate, Xuan Thuy, called on the United States to end its bombardment of North Vietnam "if it really desires to negotiate" an end to the war. The apparent lack of change was no great surprise.

Any progress toward agreement is expected to come in secret sessions. Politburo member Le Due Tho is due back from Hanoi in the next few days, and this could mean more behind-the-scenes sessions with presidential adviser Henry A. Kissinger or other U.S. officials. Porter told the Communists that he felt it possible to find a parallel to other peaceful developments in the world since the last session.

He referred to the peace moves between the two Koreas and the two Germanys For minutes after McGovern had to formally notify the Democratic National Committee that the 42 year-old St. Louis lawyer would serve as his vice-presidential candidate in the campaign against President Nixon. Selection of the first-term senator was announced at a news conference by Frank Mankiewicz. a top aide to McGovern. The choice will be up to the convention itself at tonight's session.

However, there was no doubt McGovern's selection would be ratified. and the agreement between the United States and the Soviet Union to settle differences by peaceful means. He did not mention U.S. relations with Communist China. Tho was in Peking Wednesday and held a "very friendly and cordial" conversation with Premier Chou En-Lai, Radio Peking reported.

The long series of secret talks between Kissinger and Tho have covered a broad range of issues but have not produced any significant change in the conflicting nego tiating positions. Washington has always preferred private talks, contending that the Communists used the weekly semipublic sessions only as propaganda platforms. But North Vietnam in the past has refused to participate in secret talks unless the regular weekly sessions were also being held. Kissinger and Tho last met May 2. Two days later the United States suspended the semipublic talks indefinitely, and the U.S.

delegation chief, William J. Porter, told the Communists "we will resume whenever you indicate you are seriously interested in the negotiation of matters of substance; or when we believe discussions would be useful." 1 vote canvassers shows 237,600 electors voted and urges the high court to decide that the 1972 constitution was properly adopted by the people. rendered meekly to a stewardess. He left behind the ransom package, which actually contained less than half what he demanded, and the gun turned out to have been empty. The two hijackers of the National plane out of Philadelphia released 111 passengers who endured nine hours of suffocating heat as the aircraft sat on a runway in Philadelphia International Airport while FBI agents haggled with the gunmen over details of delivering the ransom money and freeing the passengers.

The gunman in the second hijacking, identified by the FBI as Mclvin Martin Fisher, 49, of Norman, the father of five children, released the 51 passengers aboard an American Airlines Boeing 727 after getting the ransom at Oklahoma City's Will Rogers World Airport early this morning. Fisher had boardec' the Dal las-bound flight there and took over the aircraft about a half- hour after it was in the air, or dering it to return to the airport. He demanded the money in $100 bills and a parachute, released the passengers and then ordered the plane to take off again. 1 OO oz be construed as votes against the new constitution. The challenge of the validity of the majority on which the governor based his declaration of passage was filed by Dr.

William F. Cashmore, former Helena legislator, and Stanley C. Burger, Bozeman, executive officer of the Montana Farm Bureau Federation. Cashmore's brief, filed by lawyer Paul T. Keller, said on this point: "We are relying on the poll books which state that 237,600 persons voted at that election and only 116,415 voted in favor of the constitution which is not a majority of the electors voting at that elec tion." Cashmore and Burger con tend that 118,801 votes were needed to ratify the document produced by the Constitutional Convention.

"It did not receive one-half of 3 votes, and to construe that section (of the 1889 constitution) any other way would be denying the plain meaning of the English language," Cash-m 'e's brief said. A Billings lawyer, Gerald J. Neely, speaking on his own be half, said the question is what type of majority is required by the present constitution to pass the proposed document. "Both simple majorities and extraordinary majorities are common to American constitutional law," his brief said, adding that in this case an extraordinary majority was required. Neely argued that "the effect of every extraordinary majority is to count abstentions, absences or failures to vote as 'negative votes' in the sense that a pie majority of those casting their vote on the proposition involved is insufficient." Cooler Variable cloudiness and cooler is forecast for Helena through Friday with a chance of showers.

High today near 80, low tonight near 55 and the high Friday near 75. Chance of showers 30 per cent today, 20 per cent tonight and 10 per cent Friday. Lovell, Great Falls, and an assistant, William N. Jensen, Helena. The attorney general denies that the official figures of the essna The other hijacking was against American Airlines for a ransom of $550,000 but the lone hijacker gave up at Oklahoma City in the early morning.

The shotgun-wielding hijack ers of the plane in Texas took four National Airlines stewardesses, a pilot and a flight engineer from Philadelphia. They demanded $600,000 ransom but officials would not say how much was paid. The National Boeing 727 land ed at Brazoria County Airport, near Lake Jackson about 50 miles south of Houston, the Federal Aviation Adminis tration said. The pilot and flight engineer were taken to a local hospital, the latter with a gunshot wound in his side. It was not known immediately how he was wounded or how the two crew men were gotten off the plane.

The hijackers, who in addi tion to sawed-off shotguns had a box they said contained a bomb, remained on board with three stewardesses. The fourth stewardess escaped, the FAA said, in a manner not known. In the American Airlines hi jack of a Dallas-bound jet, the lone gunman apparently abandoned a plan to try to escape-by parachute and instead sur- championship in the history of clrss." During the elapsed hour, there was a constant relay of telephone calls between the Sports Palace and Fischer's hotel. The crowd's reaction was one of anger. A young American who used his savings to travel to Iceland for the match said something unprintable.

At what point Fischer would be disqualified from the cham pionship series would have to be decided by the International Schmid said. Spassky, who won the first game of the 24-game match, I tiV 4 1 XX. i LAKE JACKSON, Tex. (AP) The FBI said today two armed hijackers have agreed to give up three hostaged steward esses and their ransom money in exchange for a private plane with an agent-pilot. The deal was the first break in a stalemate which began when the hijackers landed at a small airstrip here aboard a plane hijacked at Philadelphia Wednesday night.

After the Na tional Airlines 727 touched down, the wounded pilot and a badly beaten flight engineer left the plane and it was surrounded by armed law officers. The exchange plane, a single- engine Cessna 182, was sitting halfway down the runway awaiting preparation of another plane to follow the Ces sna, the FBI said. The FBI agent piloting the small escape plane was identified as Fred Hartung. The hijackers stipulated that Hartung strip to his underwear. Until the deal was made the hijackers had remained aboard the disabled jet with the three stewardesses.

A fourth steward ess, taken Hostage in rnna- delphia, escaped. The hijacking of the National Airlines 727 jet was one of two that began Wednesday night. by the rules to make his first move. W'hen the hour was up, Schmid examined the clock, walked to the front of the stage and said: "Ladies and gentlemen, Mr. Fischer did not appear in the playing hall.

Ac cording to rule No. 5, if a player is more than one hour late, he loses the game by forfeit." Spassky was not on stage at the time. He later emerged from behind the beige curtains backstage, bowed to the crowd and left. Robert Byrne, the No. 2 U.S.

I player, said: "You are watching the first two-game world ClhoinnipD 15wctts Dsclraer .1 misiioos Chess -Mr entered the near-empty Sports Palace on time and took his place behind the black pieces arrayed in battle order before him. As the rules required, Schmid started Fischer's clock, since he was to have the first move with the white pieces. Spassky looked somewhat perplexed. Richard Stein, the lawyer for promoter Chester Fox, said "we did everything we could" to appease Fischer. The American chess cham pion objected to the presence of the cameras, though he could neither see them nor hear thera (Continued on Page 2) REYKJAVIK, Iceland (AP) Bobby Fischer forfeited his chess game with world cham pion Boris Spassky of Russ'- on Thursday by failing to appear at the playing hall.

Fischer boycotted the game because he objected to the presence of movie cameras in the hall Tl.e forfeit gave Spassky, who beat Fischer on Wednes day, a 2-0 lead in the scheduled 24-game series. It was uncer tain whether the match would survive. Chief referee Lothar Schmid gave Fischer the hour provided members and neighbor children quickly made the place crowded. Temperatures in Indianapolis have been around 90 this week. (Photofax) MOBILE POOL William Case of Indianapolis, suffered the traditional pool-owner's dilemma shortly after he lined the bed of his pickup truck with plastic and added water family.