Dayton Daily News from Dayton, Ohio • 2

DAYTON DAILY NEWS THE HEATHER Mostly sunny, warm Thun-day; high, low 80. Clear, not as cool tonight; low, mid SO, (More weather, Page 38). oL 95. No. 272 Dayton, Ohio.

Wednesday, June 7. 1972 HO Pane 10 Cents California Count New Mexico Count DEMOCRATIC PRESIDENT Precincts Reported: 97 pet. REPUBLICAN PRESIDENT Precincts Reported: 70 Pet. REPUBLICAN PRESIDENT Precincts Reported: 91 pet. Nixon 48,823 89 pet.

McCloskcy 3,301 6 pet. None shown 2,547 5 pet. DEMOCRATIC PRESIDENT Precincts Reported: 88 Pet. McGovern 1.363,095 45 Pet. Humphrey 1.170.873 39 Pel.

Wallace 156,533 3 Pet. (Jhlsholm 138,091 I Pet. McGovern Wallace Humphrey 48,812 33 pel. 43,403 29 pet. .18,267 26 pet.

Nixon Ashbrook 1,384,329 90 Pet. 151,481 10 Pet. School Tax Challenged Supreme Court to Rule On Financing Methods McGovern Wins Four Primaries Slim Margin of Defeat in California Keeps Humphrey's Hopes Alive WASHINGTON (UPI) The Supreme Court agreed today to examine one of the most pressing issues in American public education whether a state may constitutionally ignore tax differences between rich and poor districts in financing their schools. The court will review a rul- LOS ANGELES Ifi Sen. George McGovern captured the crucial California primary today to cap a four-primary sweep that takes him a long way toward winning the Democratic presidential nomination.

Though the race turned out to be closer than expected, the South Dakota senator won a clear victory over Sen. Hubert H. Humphrey in their battle for California's 271 delegates to the Democratic National Convention. Along with victories in New Jersey, New Mexico and his native Smith Dakota, the triumph vaulted MeGovern's delegate total past the 900 mark in his drive to reach the 1,509 needed to capture his party's presidential nomination. HUMPHREY, however, appeared to have done well enough In California to stay in the race and encourage those Demo- Rail Yard, Bridge Bombed Sen.

Hubnt H. Humph mj says he's confident he'll get nomination. Po-ge i. Antipollution proposal lost a by J- ratio if Culi-fornia. Page 4.

Air Force jets wrecked a big North Vietnamese railroad marshalling yard and highway bridge less than 25 minutes from the Chinese border, military spokesmen reported today. The raid Tuesday was the closest to North Vietnam's ing by a special three-judge federal court in San Antonio, which invalidated Texas' method of school financing and gave the legislature two years to devise a better one. The case will be heard next fall or winter and decided by written opinion. AT THE same time, the court denied a hearing to four banks and the securities industry association which wanted to become parties to the suit because of their role as underwriters of school district bonds. The Texas case and a similar one in California already have had nation-wide impact among educators and lawmakers because of their revolutionizing effect on states' taxing systems.

THE CRUCIAL point is that school districts with valuable property can provide a high quality education at a low tax rate, while districts with lOw-value property must get along with inferior schools even though the tax rate is higher. Even though the districts obtain education money from the state and federal governments, the disparities are not overcome. A suit challenging the constitutionality of Ohio's financing of public schools, based largely on the wealth of indi-v i a 1 school districts, has been filed with the federal district court in Columbus by the Ohio Education association. In its suit, the OEA asks that the Ohio system be held invalid because it denies equal protection of the law under the 14th Amendment to the U.S. Constitution.

cratic party leaders and labor chieftains who have been cool to the McGovern candidacy. Even before it became clear that Humphrey's margin in populous Lcs Angeles county would be insufficient to overcome the hefty McGovern majorities in tte northern part of the state and in San Diego, McGovern was claiming victory and saying it means he'll win the Democratic nomination. With 88 per cent of the vote counted, McGovern had 45 per cent, Humphrey had 39 per cent. Alabama Gov. George C.

Wallace, a write-in entry, ran third with 5 per cent, but his true total ws unlikely to be known for several days. Six other candidates split the remaining ballots. THE VOTE was McGovern 1,363,095, Humphrey 1,170,873 and Wallace 156,535. Before the California outcome was settled, McGovern had won the day's three other primaries. He captured a solid majority of the 109 New Jersey delegates, swept the 17 of his native South Dakota without opposition and edged Wallace in a tight New Mexico race in which he emerged with 10 delegates to the Alabama governor's 8.

California, however, was the big prize. Both McGovern and Humphrey had predicted the winner would capture the presidential nomination though Humphrey modified that in recent days as polls showed him far behind. The California vote count was delayed when a federal judge in San Francisco ordered polls kept open an extra three hours to handle delays caused by an unusually long local ballot. Secretary of State Edmund G. Brown Jr.

then ordered the state-wide tally held up until San Francisco polls closed. As the taily started to mount, McGovern told reporters, "I realize there's nothing certain in politics, but 1 think these four victories probably set the stage for my victory in Miami Beach." Appearing later before cheering supporters at the Holly- UPI Tclephoto McGOVERN ACCEPTS CONGRATULATIONS OF WIFE ELENORE IN LOS ANGELES AFTER VICTORY Four Primary Winner Told Supporters i Can't Believe I Won the Whole Thing' wood Paladium McGovern hailed the results and said. "I think an ot us can sense a tremendous new stirring across the Miami and get this nomination." President Nixon swept to a 9-1 victory over his conservative challenger, Rep. John M. Ashbrook of Ohio, in the race for California's 96 delegates to the Republican National Convention.

THE FOUR primaries were the last of the long primary season except one. the New York primary two weeks from now in which McGovern is expected to pick up a hefty majority of the 278 delegates. country. "I am confident that the same fre.sh spirit and same vision of a greater America will carry us on to the Miami convention and to the White House in November." Humphrey, responding to early network projections which called the race far closer than polls had predicted, said, "I'm encouraged, heartened, not discouraged. We'll stay with it, go to northern frontier since the lull-scale bombing campaign was resumed on Apr.

6. THE PILOTS of the F-4 Phantoms used conventional bombs on the marshalling yard 15 miles southwest of Lang Son and reported leaving six medium fires. The bridge 10 miles southwest of Lan Son was knocked out with "a mart" bombs guided to the target by laser light rays, the spokesmen said. Spokesmen said the highway parallels the northeast rail line to China, and the North Vietnamese were moving war materials over it by truck. Both the northeast and northwest rail lines have been reported cut in several places.

ANOTHER flight of Air Force Phantoms dropping laser bombs attacked the Bag Giang power plant 25 miles northeast of Hanoi for the second time in a week. The raid June 1 damaged the plant and its support buildings, spokesmen said, while the strikes Tuesday scored direct hits on the generator buildings and plant. But cloud cover prevented determination of trie extent of damage, the spokesmen said. The U.S. Command said U.S.

pilots flew more than 270 strikes across North Vietnam Tuesda and destroyed or damaged five other bridges and 61 supply water craft. In South Vietnam meanwhile, North Vietnamese forces made a series of attacks northwest of Saigon. Troops of the North Vietnamese 7th division attacked four South Vietnamese militia posts defending the district towns of Chu Chi, Trang Bang and Khiem Hanh on the Saigon river corridor, a key infiltration route. The attacks Tuesday were at points 25 to 40 miles northwest of Saigon. Field reports said 42 North Vietnamese troops and seven militia men were killed, and 67 South Vietnamese were wounded.

WSU Holding Firm On TV Operation Judge Quits Board Over Shawen Acres Punishment Ohio House Passes Reappraisal Delay Bill Ohio House passes bill to delay real estate reappraisals for up to six years. Page 32. SECRET MEMO warned President Johnson in 1964 that Vietnam escalation probably would fail. Page 5. PROFITS AND PRACTICES of mail order supplemental hospital insurance firms come under scrutiny of Senate investigators.

Page 6. AMERICAN AIRLINE PILOTS say they won't fly to countries which shelter hijackers. Page 9. U.N. PANEL on environment wants nations to minimize metal pollution.

Page 36. DAP, long-time Dayton manufacturer of putty and caulking, buys 45'2 acres at Tipp City for possible expansion. Page 30. cational public television to serve the Dayton area." THE RESOLUTION was the result of a meeting May 31 between the trustees' executive board and the Ohio Educational Television Commission. The commission recommended the move approved bv the WSU trustees, the resolution said.

Prior to Tuesday's action Wright State wanted to be designated the primary operator of WOET. a 1 16. Miami, it was argued, was already responsible for operation of one station and was not in the immediate Dayton area. Dave L. Fornshell, executive secretary of the commission told WSU at the May meeting See TRUSTEES, Page 14 Wright State university has agreed to meet with officials of Central State and Miami universities to work out an agreement for the operation of WOET, channel 16 but will continue to insist that WSU be the sole operator.

To agree tu meet does not mean that WSU has changed its position, WSU President Brage Golding said today "ALL THE board of tusiees said was to meet again, but there was no commitment," he added. The trustees at Its monthly meeting Tuesday directed Golding meet with CSU and Miami representatives "to resolve an appropriate approach toward the organization of a non-nrofit corporation to provide daytime and evening edu lized his decision to resign. He was also influenced by what he described as the "conflict" between his role as a judge who often rules on custody cases and kindred matters at Shawen Acres and his petition as a board member. But Shields praised the hil-dren's Services board. "It's an excellent board," Shields said, "the best in several years.

A FEW MOMENTS later Shields added: "Boards are inclined to accept the word of the staff for myself, I have to lean over backward in favor of the child." The sheriff's report on its investigation at Shawen Acres has not been released. However, i rnutman has ac- See JUDGE QUITS. Page By DAVE ALLBAUGH Daily News Staff Writer Continued use of physical punishment at Shawen Acres children's home has triggered the resignation of Montgomery county Juvenile court Judge Vincent M. Shields from the Children's Services board. "I don't think you ever have to use physical abuse to deal with a child," Judge Shields said Tuesday.

"You can use restraint. We have more bad children here (juvenile detention center) than they ever have at Shawen Acres, but we never use physical abuse." THE 61-YEAR-OLD judge also revealed that the detention center is now housing four boys who claim they were physically abused at Shawen Acres. Judge Shields said he is unable to determine whether the complaint is true or not "but I just feel youngsters should not be sent back He hopes to place them in a "halfway" house, Shields added. Shawen Acres Director Paul R. Heins and resident counselor Larry Troutman were suspended Apr.

13 after allega- Amusements 50-52 Bridge 44 Business News 31-33 Classified 59-69 Dear Abby 39 Deaths 58 Editorials 34, 35 Home Family Horoscope 50 Magazine Page 40 Police Report 53 Sports 21-27 Television ....72 Vital Statistics 17 Weather 58 Judge Shields tions of excessive punishment discipline at the home. After weighing a sheriff's department investigation of the complaints, the county prosecutor's office ruled against legal action. Then the Children's Services board met in late April and reinstated Heins and Trout-man without penalty. JUDGE SH IE LDSsaida schedule conflict prevented his attendance at the board that reinstated Heins and Troutman. But he indicated that the board action crystal 1,500 Attend Archbishop's Funeral Mass irj BSBr Wavne Teachers Back After 2 a.m.

Accord Yuntb no hatulictip for Wan ik Tup. teuchen prt Pagr .17. etery in suburban Montgom-erv. THE BODY HAS BEEN lying in state in the cathedral since Monday and thousands have paid their respects. Masses were celebrated nearly every hour from 6:30 a.m.

to I p.m. Tuesday. About 2,000 pupils and sisters from schools in the archdiocese a 1 1 a special mass at noon. Bishop John Krumm of the Episcopal diocese of Southern Ohio delivered the Tuesday night at a 45-minute praver service attended by about 500 people. ARCHBISHOP LEIBOLD, 57.

had been leader of the 19-county district since 1969. He was bishop at Evansville, prior to being named archbishop. Msgr. August Kramer, vicar general of the archdiocese, has been selected temporary administrator of the archdiocese until the Pope names a successor to Archbishop Forty-four priests, including four cardinals and the apostolic delegate to the United States, gathered in Cincinnati today to concelebrate Mass of the Resurrection for Archbishop Paul Leibold. About 1,500 persons, including Gov.

John J. Gillian, were on hand for the funei.il mass for the prelate of the 19-county, Roman Catholic archdiocese of Cincinnati at St. Peter in Chains cathedral. THE CATHEDRAL nor mally holds about 1,200. Besides some 700 priests, a small group of Protestant and Jewish clergymen, numerous civic officials, representatives of Roman Catholic religious orders and specified numbers of parish members in the archdiocese had necessary tickets for attending the funeral.

The four cardinals attending arc John Cardinal Krol of Philadelphia, Lawrence Cardinal Shehan of Baltimore. John Cardinal Dcardon of Detroit By JIM NICHOLS Daily News Staff Writer Teachers returned to Wayne Twp. classrooms today, ending a two-day work stoppage. At an early morning meeting at St. Timothy's Lutheran church, 5040 Rye the Wayne Twp.

Classroom Teachers' association ratified a tenative agreement reached at 2 a.m. between nepotiators for the school board and the teachers' group. The final agreement reached early today calls for a $175 annual increase in base salary, from $7,225 to $7,400. In combined statement issued by Ben Von Nostrand, president of the teachers asso- Daily Npw. Photo by ttll K'l-H't- MASS OI RESURRECTION CELEBRATED FOR ARCHBISHOP LEIBOLD AT HOLY TRINITY TUESDAY There lie Was liaptized.

Served as Altar Boy. Said First Mass. Was Assistant Pastor ciaiion, and Supt. Charles G. Newton, it was revealed that approximately $34,000.

which would otherwise have been paid in salaries, will be placed in a fund to be used for special innovative curriculum programs to benefit children. The teachers originally voted for the a I last Thursday short I after the board rejected a recommendation of an advisory council in the contract impasse. Negotiations started in January. ami Cardinal Carberrv of St. Louis.

The apostolic delegate is Archbishop Luigi Raimondi. TUESDAY NIGHT a memo wood, where the archbishop made his residence. After the funeral mass the bodv of the prelate was to be buried in Gate of Heaven cem rial mass was sung at Holy Irinity church, the Last Dayton parish where the archbishop was baptized and serv ed mass as a youth. The at today's funeral mass whs give by the Rev. Eugene Maly.

dean of the school of theology at Mi. St. Mary's seminary. Nor.