OCR Text |
Show eiraafce Smtmm V to Kill Tast Dill I Action Follows Overrule Of Veto By House Senate Vote of 57 to Override and 36 to Sustain Is 5 Votes Short of Two-Thirds Majority Needed to Make Bill a Law BULLETIN WASHNGTON, July 18 (U.R) The $4,000,000,000 Republican income tax reduction bill was killed for the GENERALLY CLEAR TfU lay and Saturday with a few ernoon clouds. Slightly warmer ih lirht variable wind. Mini- Jim relative humidity, seven. llXTY-SECOND YEAR, NO. 35 UN Probers Find ?ew Facts On Greek 'Invasion three-Man Investigating Team Reports Little First-Hand Evidence' of an nvasion; On-the-Spot t avtt! sTirrF.ss. "NT. Y.. I , aj aaaa v -w -.- r - - - ttOna team oi on-xne-spoi eight of the security council ad "little fir irst-hand evidence y,the "international brigade." A three-man UN investigating team reported its pre-minary" pre-minary" findings to the temporary United Nations in-estigating in-estigating subcommission at Salonika, in northern Greece, VI Million-Dollar Building Plan AMERICAN FORK A long-nge long-nge building program for the lpine school district, involving e construction of "five to seven ementary schools at a cost of ell over a million dollars" was i i i r-tlmn1 Aim ict headquarters by D. R. itehell. suDerintendetit. Mr. Mitchell emphasised the program is long-range, feat that construction of one o elementary school in American Amer-ican Fork perhaps two in the Orem area are contemplated -within the next year" to re lieve a badly congested condition con-dition in each of these regions. re-gions. To care for the rapidly grow- g urem area, ne saia, a unai perhaps three new: elementary hools misht eventually be con- ructed in the Orem region. A ew elementary structure in leasant Grove and Lehi is part the long-range program. Meanwhile, the district will . M 1 J'il . sen Digs Aug. on an aaauion I I He Liinrnin rilKU 5tJlUVl K-YJU- aslum which will provide 4000 mare leei oi exira iioor space r new Classrooms, storage space nd dressing rooms. While the xact cost will not be known un- 1 bids are received. Mr. Mitch- 11 said, it has been estimated t between S50.000 and $60,000. Plans for the lengthening of ie. American r or men bcnooi ymnasium to enlarge tne gym laying floor and provide new cessing rooms are aiso orawn, le suDerinienaeni saia. dui no ids have been called as yet. Mr. Mitchell said both the Lincoln and American Fork high school additions are to be completed as, soon as possible, pos-sible, however, it is hoped by Christmas of this year. The current Lincoln and Amer- an rone men scnooi aaaiuons re being financed dv tne ois- rlct's buildine fund, but the ong-range elementary scnooi onstruction Droeram will m- olve a bond issue. The Alpine district is thus eeping pace witn oiner uian ounty districts which are now ontemplatmg extensive buiraing irograms. ine sseoo scnooi ois- rict recently announced a $750.- (00 bond election for two new uildines and extensive remodel na oi many omeis. ustrict is contemplating a new lementary school as soon as pos- ible. a new high school within he next several vears. and lone- ange plans tor sun more scnoois. The new Lincoln high school tddition will be a one-story af- ir on the north and west of he gymnasium. It will nrovide lressing rooms, an activity room kVl K111S. lit W LUilliabl Jf room ma storage space. The American Fork high school project will enlarge -the under- ize gymnasium .to standard length and provide new dress ing rooms. The Alpine districts lonr- Vange program is made nec- ( Continued on Page Two) News Hiahliahts In Central Utah Alpine School District Reveals Building Program Page 1 Orrm Rrmrv Stnrrc n... Drive Launched to Improve i Alplne Scenic Road .. Page 2,Pie msieaa Pi tne interests oi Payson Main Street nr. n- d n . m.v . woui,nvcu .... M. AV w Five Plead Guilty in District Court Page 2 Flans Pushed To Obtain Bank in Urem . Page 3 Springville Man Heads Knife and Fork Club Page 3 Payson Takes Lead in Central Utah League Page 4 Hawaiian All-Stars To Meet Timps Page 4 Probe Promised Julv 18 (U.P.) A United Na- - -I Balkan debate toaay tnai u oi an invasion oi uieev-e.the action was aimed at bene- me uxn press omce nmiuunu. It said the full subcommission of 11 delegates would go to Ioannina. in the reported trouDie zone, today to check the team's findings and decide whether to investigate the Greek government govern-ment complaints of an invasion. A UN press officer with the Salonika commission advised UN headquarters that the emergency team of American, Russian and Australian officials sent to the area of the reported guerrilla invasion in-vasion of Greece had "heard little lit-tle first hand evidence" in ref erence to Greek government charges that "detachments of an 'international brigade' coming from Albania had invaded Greek territory." The preliminary report from the UN trouble shooters was accompanied ac-companied by an abrupt adjournment adjourn-ment of the security council Balkans debate until next Tuesday Tues-day to give delegates an eleventh hour chance to close the critical gap between Russia and the western, powers over the mounting mount-ing tension in Greece. Without objection from the delegates of the United States and Greats Britain, Council Pres ident Oscar Lange of Poland cut short the council's morning meeting meet-ing and announced that there would be at least five full meetings meet-ings next week devoted to the Balkans case. Congress Backs Private Power, Solon Charges WASHINGTON, July 18 (U.PJ- Sen. James E. Murray. D., Mont, ; saia louay inai pending legisia tion to create a Missouri Valley Authority is doomed until "the people elect a congress that will respect their interests instead of the interests of private power. j Murray, sponsor of the original MVA bill, told a Valley Author- iv mnfi.pn that (h ,fJ public works committee has tak-Te en no action on his bill "and probably will not act this year." Murray's bill would provide for a network of river dams for flood control and public power in the Missouri valley, val-ley, much the same as the Tennessee Valley Authority. "The army engineers program of dam building for flood control is a failure and floods are getting worse.' Murray told the confer- enCC be derelict In duty if it permits the con tinued development of the Missouri Mis-souri valley under the divided authority of the army engineers and the bureau of reclamation." Murray spoke to the Valley! Authority meeting as the senate Republican policy committee met to decide whether to press tor action on President Truman's re quest for $250,000,000 to start a long-range flood control program in the Mississippi basin. TWr ,a inHiiinn v.-.t : h nriiint' nUn u ninn. holed, the legislators might increase in-crease funds in the regular flood control bill. Murray said that at present, pres-ent, the senate public works committee which must pass on any MVA legislation has only two members "sympathetic "sym-pathetic to the MVA." "So it becomes necessary to goj out in the field to see that people are educated so they can put pressure on congress," Murray said. "The people must have men in the house and senate who will respect me interests of the peo- power. PAY OF CHINA'S CIVIL SERVANTS TO BE HIKED NANKING, July 18 (U.R)- -The pay of China's civii servants will be increased soon to 3,600 times their basic prewar salary, plus a 560,000 Chinese dollars living allowance al-lowance inNanking and Shanghai, Shang-hai, the newspaper Hsin Min reported re-ported today. PROVO. UTAH COUNTY. House Group Okehs Additional $1,353,024,000 In Relief Funds By REX CHANEY United Press Staff Correspondent WASHINGTON, July 18 (U.PJ The house appropriations committee com-mittee today voted the administration admin-istration an aditional $1,353,024,-000 $1,353,024,-000 for foreign relief, including the full $400,000,000 requested for the Greek-Turkish aid program. The committee, however, cut by $18,000,000 the projected $350,000,000 post-UNRRA relief program for Poland, Italy, Chi !na. Hunaarv. Austria. Greece and Xrleste, It ieft little doubt that fits earmarked for the Commun- ist rirtminted countries of Poland and Hungary. The relief funds were included in-cluded in a bill carrying a total of $1,603,199,094 in sup- Truman Signs Presidential Succession Bill WASHINGTON, July 18 OJ.R) President Truman today signed a bill which makes Republican Speaker Joseph W. Martin, Jr., his heir presumptive to the presi dency. The new law specifically puts the house speaker next to the vice president in the line of succes sion to the White House post rhen the president becomes un-j able to serve. After the speaker comes the president of the senate. Since there is now no vie president, Mr. Truman having hav-ing left that post when he . succeeded to the presidency on , the death of the late Franklin D. Roosevelt, Mai-tin Mai-tin Is the next In line. The Massachusetts Republican. will continue in that role until the term Mr. Truman is serving out expires on Jan. 20. 1949. At that time, an election having intervened, in-tervened, the country will have a vice president again. The house speaker will then be No. 2 in the line of succession. ' Thus far in U. S. history, the vice president is the only officer in the line of succession who ever n nlii ollt? vnmrAi 1 1 vt 4 4Ka nPACl. T"'"t I. n ' " The new law was President Truman's own idea. He first proposed it to congress in 1945 when a Democrat, Rep. Sam Rayburn, Tex., was speaker. . t. . . Under the old succession law secretary of state was next In line after the vice president. But Mr. Truman argued that the ylace should go to an elected official. Under the act, the speaker would have to resign the speakership speaker-ship and his seat in the house to become president if both the president and vice president were unable to serve. If the speaker is unable to qualify, or if there is no speaker, the senate president would uc ceed to the White House. The senate president now is Arthur H. V,nrln)ii n Mii-h Aftor hini in the succession line are the sec retaries of state, treasury and war, the attorney general, the postmaster postmas-ter general, and the secretaries of navy, interior, agriculture, commerce, com-merce, and labor. The constitutional eligibility eligibili-ty for the presidency apply of course, in the new law as well as the old. The speakers-and others would have to be at least 35 and native born citizens to qualify. The speaker - would succeed to the presidency if neither the president nor vice president were able to serve because of removal from office by congress, or be-casue be-casue of death, resignation, or incapacity in-capacity to discharge the duties of office. If a speaker should become president while congress was in session, the house immediately would elect a new speaker. And if anything happened to prevent his predecessor from completing com-pleting his White House term, the new speaker would be next in line for the presidency. Patterson Resigns Post WASHINGTON, July 18 (U.R) President Truman today accepted the resignation of Secretary of War Robert Patterson and immediately im-mediately nominated Undersecretary Under-secretary Kenneth C Royall as his successor. UTAH. FRIDAY JULY plemental appropriations for the current fiscal year. The house will debate the bill this afternoon and probably shoot it to the senate by nightfall. The bill was $12,173,081 less than the administration had asked. ask-ed. The proposed foreign relief program was cut by $177,476,00, including a cut of $175,000,000 in the war department request of $725,000,000 for relief in the occupied oc-cupied areas of Germany, Japan, Austria and Korea. Former President H e r b ert over appeared oeiore me com- mittee personally to urge ap proval of the full war department request. In making the $18,000000 cut in the liberated countries program the committee said that "this 669 Die In India 's Worst Sea Tragedy BOMBAY, July 18 (U.P.) A heavily-loaded steamship sank in Bombay harbor taking the lives of 669 persons, including in-cluding every woman and child aboard, shipping officials reported today. Seventy-two persons all men survived. The ship went down in a sudden tropical storm. Commander H. J. Mills, opening a formal investigation investiga-tion into the tragedy, reported that the ship, the S. S. Ramdas, went down near Gull island, the most treacherous area around Bombay harbor. It was the scene of India's worst previous maritime accident a 1927 collision which took 250 lives. France Opposes Stepping Up German Industry WASHINGTON, July 18 (U.P.) French Ambassador Henri Bonnet today notified the' state department that France still opposes increasing increas-ing Germany's level of industry, indus-try, as contemplated by the United States and Great Britain. Bonnet delivered what he described as a "demarche" to Undersecretary of State Robert Rob-ert Lovett, reiterating the longstanding French opposition opposi-tion to rebuilding German industry. in-dustry. His visit came in the mi 1st of Anglo-American negot 3-tions 3-tions for doubling Germany's allowable steel production, with appropriate safeguards against a revival of Germm militarism. The United States ard Britain also are negotiating for a meeting on German cral production. U.S. Near War, Solon Declares WASHINGTON, July 18 (U.R) Chairman Charles A. Eaton of the house foreign affairs committee commit-tee said today . the United States is "within sight of a shooting war this minute in Greece." The New Jersey Republican told the house rules committee that the Soviet Union, as a result re-sult of Secretary of State George C. Marshall's "plan" for rehabilitation rehabili-tation of Europe, "has taken off its mask." "Either America will stand and hold the fort in Greece or Russia Rus-sia will take over," Eaton said. "If Russia takes over Greece, the destiny of mankind is at stake." Eaton's warning prefaced a request that the rules committee approve a resolution authorizing the foreign affairs committee to travel abroad during the summer congressional recess. Hess, 6 Other Nazi Leaders Transferred to Berlin Prison By JOHN B. MeDERMOTT United Press Staff Correspondent BERLIN, July 18 (U.R) Rudolf Hess and six other Nazi leaders sentenced to prison in the Nuern- jberg war crimes trial were flown secretly to Berlin today to serve their time in the red brick Span-dau Span-dau prison. The Nazi convicts came from Nuernberg in an army plane with blacked-out windows. It landed at Gatow air field, in the British sector of Berlin, three miles from Spandau, the grim prison where the Nazis lodged their enemies in the days of Hitlerism. Official word of the transfer of the Nazis to serve out the sen 18, 1947 amount represented the sum Intended In-tended to go to certain countries which have not shown a disposition dispos-ition to comply with the requirements require-ments of the act authorizing the appropriation." The committee did not name the countries it had in mind but presumably referred to Poland and Hungary. The authorization act requires that the relief recipients re-cipients be advised that the goods came from the United States and that no part of it be given to persons other than those intended. in-tended. The remaining item in the fonr-part foreign relief programa pro-grama requested appropriation appropri-ation of $73,361,000 for U. S. participation in the inter- ( Continued on Page Twoi Chinese As(c $375MillibiT'M- To Fight War SHANGHAI, July 18 (U.R) The Chinese ministry of national defense today asked for a $375,-000,000 $375,-000,000 appropriation 25 per cent more than the national budget bud-get for the 1947 fiscal year to prosecute the war against the Communists. The ministry submit te d a budget of 13 trillion Chinese dol-lare dol-lare to the executive yuan in order or-der to' meet stepped-up military operations and increase the pay of nationalist soldiers. ..The executive yuan's budget committee, however, was reportedly in favor of reducing the appropriations to about five trillion dollars (about $125,000,000 at the unofficial un-official exchange rate of 40,-000 40,-000 dollars to $1). Even so, observers pointed out, this sum is about half the entire national government budget for 1947. It was not knnwn how the min- istry of finance planned to meet the deficit such an appropriation would surely cause. Numerous Chinese reports from Nanking in- dicated, however, .that circles close to the Chinese government expected considerable aid from the United States in the wake of Lt. Gen. Albert C. Wedemeyer's visit to China. Quoting an "authoritative observer," ob-server," one Nanking report claimed that "huge quantities of American supplies should flow endlessly to China by next spring." The report added that the Big Four foreign ministers' conference in November would not change the United States' de termination to increase its help to the nationalist government. Montgomery to Visit Mexico LONDON, July 18 (U.R) The war office announced tonight that Field Marshal Viscount Montgomery, Mont-gomery, chief of the Imperial General Staff, would visit Mexico Sept. 15-20. tences imposed at Nuernberg was withheld several hours. Correspondents Corres-pondents were denied admittance to the prison. Russian soldiers armed with sub-machine- guns paced along sentry runs atop the 20-foot walls. Other Russian I guards motioned reporters away. The prison staff was Informed In-formed only last night of the impending arrival of the prisoners. The Nazis were brought to Berlin Ber-lin nine months after the hanging hang-ing of 10 of their fellow defendants defend-ants and the suicide of an eleventh, Hermann Goering, on PRICE FIVE CENTS Strike Against 3 Top Copper Firms Likely Union Demands That Firms Cut Liability Clause From Contracts CHICAGO, July 18 (U.R) The International Mine, Mill and Smelter Workers (CIO) threatened to strike against three of te nation's largest copper producing iirms 10-day. 10-day. The union demanded that the companies eliminate no-strike no-strike clauses and union liability clauses from proposed work contracts. con-tracts. The union's attempt to fight ff tne liability clause is in line with national CIO policies for circumventing, circum-venting, the Taft-Hartley labor law. - Maurice E. Travis, president of the union, said negotiations with the companies had "bogged down" despite extensions of collective col-lective bargaining agreements beyond the June 30 termination date. He said there was a "strong Indication" that 19,000 workers work-ers would be called from work In 21 plants operated by American Smelting and Refining Co., Pehlps-Dodge Copper Corp.. and the Kenne-cott Kenne-cott Copper Co. He said the union had demand ed a package watte increase of about 17 cents an hour and other oth-er fringe issues, but that it re garded the elimination of the no-strike no-strike clause and omission of un ion liability to law suits under the Taft-Hartley act as the most important issues. The . status pf negotiations wilbimeasuri each of the companies varied, Travis said. At American Smelting and Re fining where 7,000 workers are employed, he said, a sub-comit- tee of the union's negotiating committee was meeting here to decide on a strike deadline Travis said company officials had refused to bargain on a na tionwide basis or to call manag ers of the companys 17 mines, (uominuea on rage Two) President May Intercede in Train Walkout SAN FRANCISCO, July 18 (U.P.) Locomotive engineers went ahead today with preparations to strike the Southern Pacific rail road Monday despite a hint from President Truman that he may appoint an emergency fact-find ing board to investigate the dis Pule A reporter asked Mr. Truman at his news conference yesterday : if he were going to appoint such a board. The president replied that he assumed that this prob lem would follow the . usual pro cedure of railroad mediation. Labor experts took this -remark as a definite Indication that the appointment of factfinders fact-finders was under consideration. consider-ation. The White House has' appointed boards In several past disputes of a similar nature. na-ture. But Harrison C. Hobart, assistant assist-ant grand chief of the Brother hood of Locomotive Engineers, said tne strike definitely would be called at 6 p. m. (PST) Mon day unless the railroad agreed to 19 changes in working conditions. condi-tions. Informed of the president's intimation in-timation that he would appoint a fact finding board, Hobart said: "It is my opinion that the provisions pro-visions of the National Railway Act have been fulfilled. Since an emergency board was appointed 1 (Continued on Page Two) the even of the mass execution at Nuernberg. Besides Hess, one-time No. 2 Nazi who flew to Britain in 1941 and who was given a life sentence at Nuernberg, the prisoners were: Walter Funk, former economics minister and Reichsbank director, sentenced to life. Erich Raeder, former grand admiral ad-miral of the Germany navy; life. Baldur Von Shirach, former Hitler Youth leader, 20 years. Albert Speer, - former armaments arma-ments minister, 20 years. Constantin Von Nenrath, former foreign minister and "protector" mt Czechoslovakia, Czechoslo-vakia, 15 years. second time today when President Truman vetoed it and the senate sustained him. The house voted earlier to override by a margin of 27. But a veto sticks unless both senate and house vote to override by two-thirds majorities. When the senate roll was called, the tax reduction coalition could not register quite enough votes. By SANDOR S. KLEIN WASHINGTON, July 18 (U.R) President Truman today to-day again rejected the $4,000,000,000 Republican income tax reduction bill, but this time the house promptly overrode over-rode his veto. The house vote was 299 to override the veto and 108 against. This was 27 votes more than the two-thirds majority ma-jority necessary to override. The senate, however, is expected to sustain the veto late in the day. This would kill the tax reduction bill for the second time in a month and eliminate all chance for enactment en-actment of a tax cut this year. In the house vote, 63 Democrats joined 236 Republicans Republi-cans in voting to override. Voting to sustain were 105 Democrats, one minority party member and two Republicans Republi-cans Reps. Carl Anderson, Minn., and Merlin Hull, Wis., the same two men whose vote to sustain Mr. Truman's first veto a month ago supplied the two-vote margin by which the original bill was killed. In vetoing the revived bill with its Jan. 1 effective date, Mr. Truman repeated his previous objections ob-jections that it was inflationary, inflation-ary, unsound and unfair to the low income group. And he injected a brand new argument the international vld r; bloc and the west. Although the house overrode his decision a veto sticks unless both .the house and senate override over-ride by two-thirds majorities. The senate was expected to fall two "votes short of the necessary two-thirds. The house had sustained the veto of the first tax two-vote margin, making it nneeessary for the senate to act that time. Republican spokesmen charged Mr. Truman with abusing the presidential veto power for po - lnical purposes. National Chairman Carroll; Reece said in a . statement that "apparently Mr. Truman is determined de-termined that this three-and-a-half year tenure in the White House shall go down in history as the veto administration." Uaiica PnTMiUliran T o a A t Charles A. Halleck said Mr. Tru - veto power to thwart the will of the people. Apparently he said, Mr. Truman Tru-man wanted to be able to say in 1948, "Now you can have tax relief." re-lief." Except for the effective date Jan. 1, 1948, instead of July 1 1947 the new bill was the samC - as tne oia one. j It would reduce income taxes; 1.5 to 30 per cent and save some: 48,500,000 taxpayers an estimated estimat-ed 94,000,000,000 annually beginning be-ginning next year. The house began voting on the motion to override the moment the clerk completed reading Mr. Trumans 1400-word veto message. As soon as the reading was completed. Speaker Joseph W. Martin, Jr., of asked: Massachusetts, "Will the house on reconsideration, recon-sideration, agree to pass the bill, the objections of the president to the contrary notwithstanding?" Chairman Harold Knulson ofjtinued purchase of automobiles the tax-writing house ways and i for disabled veterans and In-means In-means committee, author of the crease Spanish-American war original and revised measures, then moved that the house vote to override the veto. In moving for the vote, Knut-son Knut-son said to the hushed house: "I want to say that we did try to get tax relief for 49,000,000 American people. If this fails, we will have no alternative but to Wlll liavc 11V aiici Jjaii i. uuv u i . , ... .u - pui ine issue squareiy up vu American people in 1948." In his message, Mr. Truman denounced de-nounced the bill as he did the old one as inconsistent with sound fiscal policy. Karl Doenitz, former grand admiral, 10 years. Two years of good food and little activity at Nuernberg had fattened up the Nazis, but the, tough regime imposed at Span - dau was calculated to reverse the process. They will put in a 54-hour 54-hour work week, insofar as their physical condition permits, while subsisting on normal prison rations. German, Their labor assignment will include in-clude keeping the 71-year-old prison clean, sweeping up .debris in the neighborhood, and cultivating culti-vating prison land. I Nimntl I ICfC w mm wmmm , Reasons For Tax Bill Veto j WASHINGTON, Jilly 18 U.R) P'' Truman's' major rea- ouiib mi ciKdin veiumg ine tie- publican income tax reduction bill: General "This is still the wrong kind of tax reduction and this is still the wrong time to provide pro-vide for tax reduction." Fiscal Policy Sound fiscal policy requires that "while business, busi-ness, employment, and the national na-tional income continue high, we should maintain tax revenues at levels1 that "will "meet current expenditures ex-penditures and also leave a surplus sur-plus for retirement of the public debt." Public Debt Reduction . . V we do not reduce the public dit 1 by substantial amounts during prosperous period such as the Present, mere is little prospect of material reduction at any time.' International Situation The recent refusal of Russia and her European satellites to join in the Marshall plan for European economic eco-nomic rehabilitation "increases the dificulty of our task and ex- Ps",uf t reter rsk " uuu,uuu--jca r iui in government income "until we are better able to estimate the cost of our investment invest-ment in world peace and collective collec-tive security." Future Tax Cuts "I am un- equivocally committed to the right kind of tax reduction at the right time." Such a reduction j "should give a greater proportion of relief to low income groups." Senate Slates Passage Of Veterans Bills WASHlNf.TnM .Tulw 1 IP1 senate Repubjican leaders today scheduled four veterans bills for passage at a special Saturday session ses-sion tomorrow. The four bills would permit immediate cashing of GI terminal leave bonds, increase in-crease subsistence allowances for veterans in school, authorize con- pensions. Other congressional developments:- Liquidation The house ap-appropriations ap-appropriations committee called for liquidation of the wartime7 of fice of defense transportation in a bill giving ODT only $140,000 of the $644,000 it asked in, a sup- I . Kill lDlement monev bill. iwwi..4,. a i.. diciary subcommittee ordered in vestigation of charges that Ray W. Harper, nominated to a fed eral judgeship by President Truman, Tru-man, sanctioned lotteries to get out the Democratic vote in Missouri Mis-souri last November. Harper was Democratic state chairman in Missouri. The subcommittee wants to find out what he had to do with the alleged lotteries. The senators reecived charges that Democrats offered lottery prizes ranging from nylons to a $1,500 automobile to those voting last Nov. 5. Adjournment Chairman Ro- jDert A. latt oi tne senate epuD- still thought congress could finish fin-ish its business in time to adjourn ad-journ July 26. New Laws President Truman signed a bill giving the navy $3.- 433,046.100 for this fiscal year. He also signed a measure which would make Speaker Joseph W. Martip, Jr., president if anything happened to keep Mr. Truman from serving out his term. |