The Journal Herald from Dayton, Ohio • 1

VALLEY Tie Journal herald 10 Cents 165th Year No. 154 Dayton, Ohio, Tuesday, June 27, 1972 j-t W-3 vear RTA bu Weather Today's High in Low 80s Overnight Low in Low 60s Mostly Cloudy, Wanner Probability of Precipitation 10 Percent Details on Page 6 "purchase of the City Transit Company, new rolling stock, and the modernization of the system's physical plant." THE APPLICATION was filed six days after Oakwood and Dayton voters passed a I mill levy to subsidize a public transit authority. The application was to clear the path for the final application By Mary Anne Sharkey Journal Herald Itaff Wrlrtr It will be 1973 before the yellow buses can have their black lettering changed from CTC to RTA. Before the Regional Transit Authority (RTA) can paint its name onto the buses, it has three major lines to follow that may or may not crisscross by 1973. suit In the Montgomery County Common Pleas Court.

An agreement with labor officials of the American Transit Union Division 1385, AFL-CIO, who have been working without a contract for more than a year. The transit authority filed a preliminary application with the Urban Mass Transportation Administration (UMTA) on Oct. 7, 1971, requesting $8 million for THE THREE lines the authority must travel before it can take out the paint brush are: The bureaucratic maze of paperwork and hearings to get the necessary two-thirds matching funds from the federal government to buy and operate the City Transit Co. (CTC). A settlement with the company either through continued negotiations or a condemnation Around The World Boris Spassky, Soviet Union's world chess champion, expresses disappointment American Bobby Fischer failed to show up for warmup matches in Iceland, p.

10. Across The Nation i. 1 XU.I1. tii. that must be submitted before the U.S.

Dept. of Transportation can approve a capital grant. But before the final application can be submitted, the authority must conduct a public hearing to determine if the project will "have an adverse economic, social or environmental effect" on the cbmmu-nity. The authority must give 14 Truce cheered in Ulster BELFAST (UPI) A ceasefire called by the militant Provisional wing of the Irish Republican Army went into effect in Northern Ireland yesterday after a final spasm of gun battles, bombings and the killings of a policeman and two British soldiers. As the firing died down and the echoes of battle faded away following the midnight (7 p.m.

EDT) beginning of the truce, Roman Catholics took to the streets singing and cheering to show their hopes for peace after nearly three years of bloodshed which have claimed almost 400 lives. IN BELFAST'S Catholic An-dersonstown a a a militant I A stronghold hundreds of men, women and children gath- 4 'A John and Martha Mitchell are the latest in a list of political couples who have discovered that politics and marriage aren't always the most compatible bedfellows, p. 2. President lifts quota restrictions on meat imports, but effect on prices in grocers' cabinets is uncertain, p. 3.

it days public notice before the hearing. Jack Jensen, director of the Transportation Coordinating Committee, a i the hearings probably will be held "within the next two months." HOWEVER, Jensen concedes the transit authority will have to make the decision on the volatile issue of diesel versus trolleys, before the hearings. Under federal law, if the authority makes any major decisions after the hearings are conducted, it must have another hearing. The authority then will give the hearing transcript and its final application to the Miami Valley Regional Planning Commission. Paul Zehler, staff member of the commission, says the body will have 30 days to review the application before it forwards its recommendation to the federal agency.

The planning commission's approval is crucial because without it the RTA has little hope for federal funds. JERRY FISHER of UMTA says once the final application reaches the agency, there is a 60-to-90-day waiting period for final approval of a federal grant. "The 60 to 90 days Is the time period for a grant that meets no great objections from the com-m unity or the government," Fisher says. The grant must be approved before the transit authority can take over ownership of the company, Fisher says. He says the only exception is if bus service is in danger of being terminated in a city.

"This rarely happens, but in cases where service may be terminated, we allow them to go ahead at their own expense and commit their own money," he said. HOWEVER, W. W. Owen, City Transit president, said this will never happen in Dayton. "I'll keep the buses running if I have to just run them over to Third Street," he said.

Meanwhile, as the transit au ftyf Here In Ohio I'' urges revised tuition plan, larger role for two-year colleges, p. 21. AP WirepftotW A boost for Candidate McGovern Mrs. Corelta King announces support The Miami Valley McGovern? No, not yet City debates allocation of U.S. funds under revenue sharing, p.

21. Franklin H. Irelan dies; once active in Dayton civic affairs and former manager of GM's Delco Products division here. p. 21.

Editorial, "Ulster Truce," Page 4. About Business Concern over world money market and prime interest rate forces market lower, p. 18. Unlttd Prtsi tnttrratlonal Sen. George McGovern claimed victory in the race for the Democratic presidential nomination Monday, but his announcement proved premature when a recheck by his headquarters showed he was still 17 votes short by his own count.

McGovern told a Washington news conference he was over the top with 1,510.5 delegate votes after a group of black leaders announced they were delivering 96 perviously uncommitted votes to him. But later in the day, McGov-ern's headquarters checked the list of black delegates and found that McGovern already was few Sporting World Never fear Max is here that's the Reds' motto when they're in Los Angeles, p. 12. -7. yS? Modern Living Peace pipe for platform committee? Mexico delegate.

Fen Sawyer at medio including four former supporters of Sen. Edmund S. Muskie. McGovern's revised delegate count showed Muskie with 162 down 13 from last week, Hubert H. Humphrey with 370', Henry M.

Jackson with 44, George Wallace with 374, Shirley Chish-olm with 28, others with 61, and 48314 uncommitted. In his announcement, Rev. Walter E. Fauntroy, the non-voting house delegate from the District of Columbia and a spokesman for many of the 13 black congressmen, said the previously uncommitted dele-gates were made up primarily of blacks from 12 states. The states he listed included Connecticut, Louisiana, Ohio, Mississippi, Illinois, Missouri, New York, the District of Columbia, Virginia, South Carolina, Georgia, Alabama and New Jersey.

In Oklahoma City yesterday, McGovern said if he is elected he will put a farmer, working man, an Indian and a woman in his cabinet. "People like yourselves can direct this country far better than the power elite of bankers and corporations and lobbyists who now hold power," he said at a downtown rally at noon. "In my administration we are going to have a farmer as secretary of agriculture, a working man as secretary of labor, an Indian in charge of the Bureau of Indian Affairs and women in positions commensurate with their numbers and concerns about the country," McGovern said. Platform drafters reject Wallace move, Pag 2. Robbery victim tells Off the Beat what happens after the robbery the calls saying her credit cards have been stolen, for one thing, p.

23. 42 Paget Index ered to break open more than 700 crates of beer in celebration. The Provisionals, larger of the two wings of the outlawed IRA, called their truce weeks after a similar cease-fire called by the smaller, Marxist-oriented Official wing. It followed an evening of bloodshed across the 1 1 i province which at first inspired doubt that a cease-fire would go into effect at all. Shortly before midnight, a British army spokesman surveyed the evening's violence and said it appeared to him "as far as we are concerned there is no truce." But things quieted down soon afterward.

THE SPOKESMAN said a soldier was killed by gunfire in east Belfast seconds before midnight. He was the second trooper to die during the night. East Belfast Protestants threw up barricades of burning vehicles. Bombs went off downtown, one of them doing widespread damage in the North Street shopping area shortly after 8 p.m. (3 p.m.

EDT). In late evening a Provisional spokesman reaffirmed the outlawed group's intention to go through with the cease-fire, announced Wednesday with the proviso the British army "provided a public reciprocal response." "But we must make it understood that we stand on full alert to take defensive action should the need arise and ready to resume offensive activities if the leadership decides this is necessary," the spokesman said. REPORTS from the north Belfast gunbattle said 10 persons, all civilians, were wounded and taken to hospital's. At least two were in serious condition, an army spokesman said. Court rejects Army spying' thority gears up to get the final application Into UMTA, a settlement must be reached on the price of buying the bus company.

The authority has offered to buy at $2.8 million and the bus company has offered to sell at $4.5 million. The authority says it will take the bus company into court for a condemnation suit. However, the suit probably will not be filed until mid-August. BECAUSE the transit authority will have to place its offer of $2.8 million in escrow, it has to sell bonds to raise that amount. The federal grant would help pay off the bonds.

The authority has set July 11 as the deadline for bidding on the bonds. And it may take 30 days after that to print the bonds and get the money into an escrow account. Attorneys for the bus company and the transit authority are expected to disagree on whether the bus company has 90 days written notice before the condemnation hearing. The law is ambiguous over that, and attorneys say they know of no precedent in a condemnation suit with a bus company. THE FINAL application to UMTA must specify that an agreement has been reached with the bus company so that the grant can take into effect the amount of money it will cost (Continued on Page 3) counting some of them.

So the total gain was only 74 votes-giving him a total of 1,492 by his figures. McGovern must have 1,509 to win the nomination at the Democratic convention opening -July 10 in Miami Beach. Rick Sterns, McGovern's head delegate counter, told a news conference It was only a matter of days until the coup de gras is delivered. He said he understood the Essex County, N.J., delegation was arranging a caucus and was on the verge of throwing its support to McGovern. McGovern's camp claimed to have picked up, in addition to the black delegates, nine others, Page Page Action Line 21 Off the Beat 23 Amusements 26-27 Radio 41 Business, Sports 12-15 Finance 16-19 State of the Arts Comics 40-41 Statistics 29 Horoscope 40 Television 41 Ann Landers 24 Dr.Thosteson 40 Modern Living 23-24 Weather 6 Obituaries 30 What's Up? 26 Classified Earl Wilson 26 Deaths 30 Roz Young 23 ping before testifying.

That decision also was 5 to 4. Set aside, as a result, were the contempt convictions of Sister Joques Egan and a former nun, Anne Walsh, who balked at helping a grand jury investigate an alleged kidnap plot against presidential adviser Henry A. Kissinger. Brennan, delivering the decision, said the 1968 Safe Streets Act was designed to protect privacy and strictly limit wiretapping. At the same time, he said, the law serves to bar contempt judgments until the wiretapper shows he acted legally.

Telephone 223-1111 After the flood Home what' left of it Suspect missing CORNING, N.Y. (AP) It had been three days since Lucy Moat talked her husband into evacuating the family from the $13,000 home they were still paying for. They went home yesterday to the mud-slimed house on Cayuga Street to pick up the pieces of their future in this flood-devastated area. Carl and Lucy Moat and their four daughters and son were one family seven persons out of as many as Hijack ransom found WASHINGTON (AP)-Led by Chief Justice Warren E. Burger, a narrowly divided Supreme yesterday barred a trial of the Army's surveillance of civilians.

Burger said in the 5 to 4 decision that courts cannot serve "as virtually continuing monitors of the wisdom and soundness of executive action." That, he said, is a job for Congress. The surveillance, conducted by about 1,000 agents beginning in 1965, was challenged in a suit brought by four individuals and nine groups, some of them war protesters. BURGER SAID they evidently wanted to use the courts to probe the Army's intelligence-gathering activities, with which they disagreed. Instead of showing their freedom of speech had been Injured or threatened, the chief, justice said, they presented allegations of a subjective nature. Therefore, Burger said, the suit cannot be considered.

The ruling, reversing a federal appeals court which had ordered a full-dress Inquiry, was produced by the four Nixon Administration appointees plus Justice Byron R. White. Justices William O. Douglas, William J. Brennan Potter Stewart and Thurgood Marshall voted to uphold the lower court, whose ruling was written by another Administration-named judge, Malcolm R.

Willkey. DOUGLAS SAID no law authorizes survellance over civilians and that "one can search the Constitution in vain for any such authority." In a second major ruling, the Court granted grand jury nesses the right to challenge the legality of government wiretap 'it Shortage of drinking water now gravest problem, Page 2. 1 4 The water mark on the one-story house was clear. The muddy water had risen about eight feet above the ground. INSIDE, the furniture had floated as the water had risen an high as the kitchen counter.

Beds, clothes, appliances and floors all had the same dark, slimy coat of drying mud. The basement had been Moat's pride. "It was all paneled and I had two bedrooms and a bath down thers." The water had caved in the rear foundation wall. As Carl waded through the four feet of water that remained in the basement, his wife talked of their future. "What hurts me most all my silver, a couple of pieces of Steuben glass all the memories, little gifts the kids give you, birth certificates, pictures they had drawn it's all gone.

"MOST OF ALL, what do we do? Where do we go, especially with five children? "We're stilt paying for the house and 1 don't think the insurance will rover the loss. "We haven't heard from anyone as to the kind of assistance that's available. Someone said we might be able to get a low-interest loan to rebuild. "But, then we'll be paying for two houses. We have to start paying for work and dress clothes, seven beds, bedroom sets, appliances none of It is any good.

The trip was depressing. The items salvaged included a small flashlight, a picture frame, a small wicker basket and a pair of sandals. A pair of sogy pants had $1.73 In a pocket. "It was a profitable trip," Moat said. From Wirt DUpalchtt PERU, Ind.

The money paid to a hijacker and the submachine gun he carried before he bailed out or fell from a jetliner were found yesterday in north central Indiana, the FBI said. An agent said the moneybag was discovered by a farmer in a soybean field southeast of here and Die gun was found southeast of that area. The money, in a sealed canvas mailbag given the skyjacker, was found by Lowell Elliott, 61, on Uie farm of his son-in-law, John Vettel. Elliott said the bag made a dent about 2 inches deep in the ground, which he described as pretty hard. He said there was no blood on the bag.

But there was still no word on the fate of the man who commandeered an American Airlines Boeing 727 after it left St. Louis said. "We are in the process of counting it right now but it appears to be intact." The search for the hijacker swung immediately to the farm and its environs. The hijacker, described as in his 20s with a pockmarked face and open sores around his nose, has not been positively identified. "We have a passenger that's not accounted for whose name was listed as Robert Wilson," said Sullivan.

"As far as we're concerned, the same Robert Wilson could well be fictitious." Up to 150 policemen and FBI agents aided by the pilot of the airliner were concentrated in the search. Both the pilot-and the co-pilot of the jet said earlier yesterday that they believed the hijacker could not have survived his leap. a half-million who were homeless throughout the Northeast. "We got out with only what Is on our backs," Moat said, "and I've got to get to the house to see If I can salvage anything." THE MOATS had stopped at an evacuation center to pick up some clothing. Three of his children, Frank, 10, Donna, 17, and Tammi, 12, picked through clothes draped over the backs of seats in the Corning Free Academy's auditorium.

"Boy, I'd like to get a toothbrush and a razor," said Carl, a 49-year-old aircraft assembler, as he ran his tongue over his teeth. The Moats left their home early Friday, about three hours before high water flooded the area. On the way bark to their house, the Moats' drove along debris strewn streets following the orders of National' Guardsmen directing traffic. 4 AP Winphott FBI drawing of hijacker Friday night and was paid $302,000 ransom. "We have the bag with the money in it," William A.

Sullivan, special agent In charge of the FBI office in St. Louis,.