The Journal Herald from Dayton, Ohio • 1

rm FfERALO VALLEY Journal mi 10 Cenh Dayton, Ohio, Thursday, July 6, 1972 165th Year No. 162 rll Weather 0 0 0 0 Today's High in Low 70s Overnight Low in Low 50s Probability of Precipitation 10 percent Details on Page 15 at. Around The World Si Two young Protestant brothers, en route to visit Catholic friends, shot to death at Belfast, p. 14. state the Daley delegates.

At the request of Joseph A. Califano counsel for the Democratic National Committee, the appeals court stayed its order to U.S. District Judge George L. Hart until 2 p.m. today.

CALIFANO SAID he would ask Chief Justice Warren E. Burger to put the appeal before the entire court, which is in summer recess. Under the high court's rules, Burger could order a further stay in the appeals court decision without consulting his colleagues. Precedent indicates he would not grant a stay without assurance that at at least three other members of the court would hear arguments in the From Wirt Dispatches WASHINGTON A federal a al court yesterday sustained Sen. George McGovern's claim to all of California's 271 delegate votes at the Democratic National Convention opening in Miami Beach Monday.

However, the U.S. of Appeals for the District of Columbia, later suspended the effect of that ruling and another involving Illinois delegates until 2 p.m. today to give the parties a chance to appeal to the Supreme Court. At the same time, the three-judge anel up held he Democratic Credentials Committee's decision ousting Chicago Mayor Richard J. Daley and 58 other Illinois delegates.

It enjoined a move in Chicago courts to rein Across The Nation ft. '1 Pennsylvania Legislature asked to approve death penalty in eight types of murder, p. 2. Welfare organizations invade Miami convention hall, demand 750 delegate seats from Democrats, p. 39.

1 1 -A MM i Here In Ohio 1 to cost state three $160,000 first an- Gem of Egypt's trip times more than the nounced. p. 3. "it i yW. 1 McGovem forces woo Humphreys case.

Before the court accepts an appeal, four members must vote to hear it. Califano said he also would oppose an expected appeal by the Daley faction. McGOVERN HAILED his court victory as a reaffirmation of "the choice of the California voters and the rules of the Democratic party." He said he hoped the convention could now proceed "in a lawful, orderly and satisfactory manner." If the decision survives the Supreme Court review, it would give McGovem about 200 votes greatly enhancing his chances of a first-ballot i for the presidential nomination. But before the voting, there probably will be a bitter first-night credentials battle on the convention floor. McGOVERN'S AIDES said their delegate count including all of California's delegates gave McGovem votes.

The nomination requires 1,509 votes. THE APPEALS court panel reached its decision in the California case by a 2-1 vote. It overturned a district court ruling which had upheld the Credentials Committee's action in setting aside the results of California's June 6 primary because it was conducted on a winner-take-all basis. The panel's majority members, Chief Judge David L. Ba-zelon and Judge George E.

MacKinnon, held that expulsion of the California delegates was "inconsistent with the fundamental principles of due process" as laid down in the Constitution. This finding reversed the view of Judge Hart, who had held that no constitutional issues were involved. The appeals panel's decision in the Illinois dispute was unanimous. It agreed with Judge Hart that certain guidelines laid down by the a i a 1 Democratic party for selection of delegates had been violated in Chicago in the March 21 Illinois primary. IT FOUND FURTHER that one guideline, designed to give ail party members a chance to participate in delegate selection, is supported by the Constitution and provides grounds for federal Y) It The Miami Valley Jh.

Encourage black business ownership? Stand firm on pollution control? It's health board's dilemma, p. 27. Suspect in series of robberies shot to death by officers in Dayton area motel, p. 27. 1 About Business moves higher, but trading 24.

Big Board moderate, p. Pound sterling climbs, but dollar staggers on money markets, p. 25. By Hugh McDiarmid Journal Herald Columbus Correspondent COLUMBUS Sen. George McGovern's Ohio forces yesterday acknowledged they have been attempting to convert Hubert H.

Humphrey's delegates to their side in the event of a floor fight over seating' of the California delegation at next week's Democratic National Convention. They also said they had seriously considered and then rejected the idea of challenging Humphrey's 38 a -1 a Ohio delegates as partial retaliation for having lost the first round in the California fight. The maneuvering may become moot because cf yesterday's U.S. District Court ruling in Washington reversing the California action, but it is indicative of the strong differences that exist between the McGov-ern and Humphrey forces within the Ohio delegation that could break out openly next week. The effort to proselyte Humphrey delegates, if successful, could have considerable bearing Sporting World Evonno Goolagong defeats Chris Evert in Wimbledon women's singles simifin-als.

p. 16. Football coaches named at and Meadowdale high schools, p. 16. Modern Living on the outcome of a floor fight over the California decision if a fight materializes.

The effort has been led by Columbus attorney Robert B. McAlister, the McGovem Ohio co-ordinator, who said it falls short of an attempt to "raid" Humphrey delegates because it involves only a credentials vote and not the actual nomination. McAlister and Frank W. King, president of the Ohio AFL-CIO and leader of the Humphrey delegates in Ohio, agreed several weeks ago not to attempt to raid each other's delegates until they arrived in Miami Beach this coming weekend. King was en route to Florida and could not be reached for comment yesterday.

The maneuvering was prompted by last Thursday's vote in the Democratic Credentials Committee in Washington to strip McGovem of more than half the 271 delegates he had won in the "winner take all" California primary. Yesterday's court ruling reversed the committee, but a further appeal to the U.S. Supreme Court and a resultant convention floor fight still are possibilities. "There are more Hunphrey people (in Ohio) who are sympathetic to us on that issue," said McAlister. "Sen.

Humphrey didn't play by the rules and some of his people have been turned off by his position. I think we'll win some of them." One who was approached yesterday by McAlister was Mrs. Fran Ryan, a Columbus council-woman and co-chairman of the Humphrey delegation. She said McAlister approach was law-key and that she made no commitments. McAlister refused to estimate how many Humphrey converts he had lined up but he said even (Continued on Page 3) A -1 AP Wirephoto court intervention.

The court held that the Credentials Committee acted under "a clear and constitutional rule" when it unseated the Chicago delegation originally elected because the voters played only a limited role in selection of the slate presented by the Daley organization. The majority position of the appeals court was challenged by the panel's third member, Senior Judge Charles Fahy, who found no constitutional Familiar face will take its place at Miami Beach convention hall Newly developed insect trap could be a boost to ecology, p. 29. Now's the time to plan your summer meals around all of the fresh fruits and vegetables on the market, p. 30.

54 Paget The court sent the case back to District Judge Hart, ordering him to nullify the Democratic National Committee's action against the displaced McGovem delegates who brought the action and to enjoin the committee from unseating them. scheme that would comply with party rules." Exclusion of delegates chosen in compliance with rules that were in force at the time, the judges held, "jeopardizes the integrity of the election process tion," the majority held," the candidates might have campaigned in a different manner voters might have cast their ballots for different candidates; and the State of California might have enacted an alternative delegates selection Index "IF THE PARTY had adopted a ban on winner-take all prior to the California primary elec- It's almost No TV spot for Wallace NEW YORK (AP) NBC News announced yesterday that Alabama Gov. George C. Wallace has withdrawn from a special edition of the network's "Meet the Press" program Sunday. No immediate explanation came from either the Wallace camp or NBC for the cancellation.

In Montgomery, the governor's assistant press sec-setary, Elvin Stanton, said he hadn't been notified of the Destination: Russia Page 29 53 16-20 38 53 53 15 40 40 29 Off the Beat Radio Sports Statistics Television Dr. Thosteson Weather What's Up? Earl Wilson Roz Young Page Action Line 27 Amusements 40, 41 Business, Finance 22-26 Comics 52, 53 Horoscope 52 Ann Landers 31 Modern Living 29-31 Obituaries Classified 42 Deaths 37 3 killed; FBI halts airliner hi jacking try Telephone 223-1 1 1 1 ad Apol oaies but chessmen still ,1 ST 1 1 ground four hours while airline officials gathered the demanded ransom, two parachutes and maps showing the route to Russia. SOME OF the a had come ashore from a Coast Guard boat that had maneuvered to a landing place in San Francisco Bay beneath the 737 jetliner and out of sight of the two foreign-born hijackers. The passenger was killed by shots fired by the hijackers, the FBI said, the gunmen also wounded two other passengers, including veteran movie and tel- SAN FRANCISCO (UPI)-FBI agents yesterday killed two hijackers in a shootout aboard a seized airliner carrying 86 persons. Apassenger also was killed and two were wounded when the FBI thwarted the attempt to hijack the plane to Russia with $800,000 ransom.

The first FBI agent gained entrance to the Pacific Southwest Airlines jetliner by posing as a pilot, and he was followed aboard by a second agent who had been hiding beneath the plane. FBI agents surrounded the aircraft after it had sat on the evision actor Victor Sen Yung, 56. The FBI identified the hijackers as Dmitrov Alexev, 28, Hay-ward, and Michael D. A a 0 also 28, with no known address. THE AGENT posing as a pilot approached the plane with the ransom, parachutes and charts for a flight to the Soviet Union.

The hijackers demanded that he strip to his shorts to show he was not carrying a weapon. They allowed him to re-dress and enter the plane, not knowing he had a small pistol in a coat pocket. The agent entered the plane and was escorted toward the rear section by Azmanoff. Meanwhile, one of three agents hiding under the plane sneaked up the ramp, through the open door and confronted Aleev, who was in the cockpit. REYKJAVIK (UPI) Bobby Fischer surprised even his own advisers yesterday by formally apologizing to Russian Boris Spassky for delaying their world championship chess match.

But the president of the International Chess Federation admitted he was in the wrong, too, and said he would ask for a one week postponement. Dr. Max Euwe announced he would ask for another postponement during a news conference In which he agreed to Soviet demands to condemn Fischer's all over in Quang Tri SAIGON (UPI) South Vietnamese paratroopers and tank crews recaptured most of Quang Tri city yesterday. They carried with them a neatly folded flag and a warm bottle of champagne to use when Communists troops are forced from the rest of the bombed out provincial capital. Military sources said the 1,200 soldiers set up a command post at Quang Tri's railroad station, then fanned out into adjacent residential and business areas, where they met light resistance from Communists who had controlled the city and its surrounding province since May 1.

While South Vietnamese troops in Quang Tri city reported little opposition, government guarding the force's flanks reported two sharp clashes with the North Vietnamese. Most of the strike force stayed clear of the 19th century citadel in the city's center where they believed North Vietnamese snipers might be dug-in. Military sources said Quang Tri city would not be declared recaptured until the citadel was in government hands. In the air war, the U.S. command said American fighter-bombers made 320 raids over North Vietnam Tuesday, the most strikes in a single day since June 27.

The North Vietnamese said one U.S. F4 Phantom jet was downed in the raids near the capital city of Hanoi, but the U.S. command refused comment. The North Vietnamese capture of Quang Tri province and its capital was the biggest victory of their three-month-old offensive, which began March 30. Shultz predicts meat price drop Student who held baby daughter hostage in hijack attempt surrenders, Page 2.

I''. -I 4 can's failure to show up for the opening of the match Sunday. However, the Russians indicated the demand might be just a formality. Geller said he knew "Spassky would not accept that point as a gift," indicating the world champion would decline the forfeiture if it were offered. EUWE SAID the Russians made their demand in a cable citing paragraph 5 of the so-called Amsterdam Agreement for the match in which both sides agreed a player still missing after one hour of game time hp.s expired for feits the game and point to his opponent.

"The Russians did not object. Sunday when 1 postponed the game and now 1 cannot make such a ruling" Euwe said. He had delayed the start of the match until Tuesday when Fischer, holding out for money money, failed to appear for the scheduled opening Sunday. Fischer, 29,, the challenger, finally arrived early Tuesday after a chess-playing English financier doubled the prize to $250,000. With Fischer still resting up for the opening match Tuesday afternoon, Spassky, 35, arrived at a meeting called to draw lots for the right to make the first play, threw down a statement, saying Fischer "must bear just penalty" for his behavior and walked out.

The match was delayed a second time until Thursday. Fischer's associates talked for 2'a hours to Spassky's associates without reaching an agreement and the Russians refused to meet again yesterday, the Americans said. Editorial, "Chess, Anyone," Page 4 behavior and admitted he violated chess federation rules in allowing two earlier postponements. "It would damage Spassky, who is very upset by what has happened in the last few days, Euwe said. EUWE ALSO said he might even suggest an entirely new match schedule calling for between 12 and 18 games now and the rest later In the year because of a possible conflict with the Chess Olympics beginning Sept.

17 In Skopje, Yugoslavia. "The orlv thing keeping Spassky- from leaving for home Is his knowl-edge of what it would mean for the game of chess and for the Icelandic people if the match was canceled," said Soviet Grandmaster Effraim Geller. "The Russians also have demanded that Fischer forfeit the first game of the match to Spassky because of the Ameri- food retailers and wholesalers. Shultz said the Treasury Dept. may adopt a "better-buys" program now used by the Agriculture Dept.

to point out to housewives which produce items are cheaper. Though declining to make a direct appeal for consumers to buy chicken and fish, Shultz said consideration will be given to pointing up their prices in comparison with beef. "Supply has not been keeping up with demand." he said. Today, Shultz will meet with farmers, producers and farm suppliers on the same subject. Later.

Slwlu said, a report with specific leeommeiidations will be made to President Nixon. WASHINGTON (AP) Treasury Secretary met with 16 supermarket executives yesterday, then predicted an early drop in meat prices. "We're not talking about years, we're talking about months and perhaps weeks," Shultz said. Though rejecting the idea of imposing price controls on producers, Shultz said a number of other ideas were suggested at the meeting and will be investigated. Shultz said the meeting with supermarket executives was a direct outgrowth of announcements Inst week that import limits on meat would be lifted and price controls extended to The FBI said Alexev, who had a pistol in each hand, raised the weapons and was shot twice in the chest with shotgun blasts.

The second hijacker then opened fire in the rear of the plane, striking the three passengers before he emptied his automatic. Asmanoff puiled a knife and headed toward the front of the plane while the FBI man with the shotgun rushed toward the rear. The agent fired but the hijacker ducked behind a panel. When the auent posing as a pilot approached Azmanoff, the hijacker threatened him with the knUe. The auent shot him four times, twice in the head.

Boris Spassky i 1, 1.