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Show GENERALLY CLEAR today and tonight, becoming Sartly cloudy Wednesday. Warm-r. Warm-r. High today near 60. low "to , night about . and high Wednesday Wed-nesday near C2 SIXTY SECOND YEAR NO 226 PROVO, UTAH COUNTY, UTAH, TUESDAY, APRIL 13, 1948 ' : PRICE FIVE CENTS New Court Fight JMQ fo, Funds On Pension Legality of Miners' Pension Plan Raised k Under Taft-Hartley One-Fourth of Miners ' WASHINGTON, April 13 (U.R) John L. Lewis was threatened today with a new court fight-over legality of . the miners pension plan adopted yesterday in settling the 29-day old soft coal strike. As the 400,000 miners oegan streaming dck vu wui., in industry spokesman said soft coal operators soon would ask the federal court to hold up operation of the plan until the question of pension eligibility under the Taft-Hartley law is clarified. j'm. - Specifically, he said, the operators will contend that Restriction on Coal Burning r Railroads Lifted WASHINGTON, April 13 (UP.) The eovernment today removed ail restrictions on coal-burning Mllrnad nnprnttnns. -anAii4 sffmtiv at 4 n. m.. were a recent order which cut coal-burning operations 25 per eent and another order which would have imposed another 25 per cent reduction Thursday, t The action was taken jointly by the office of defense transpor tatlon and the iniersiaie commerce com-merce commission. 'Early resumption of . normal mining operation obviated continuation con-tinuation of these restrictions," the order said. 'U.S. Citizens to Leave Palestine . Ahead of Var , j " JERUSALEM. April JiOJ.R. The American cbnsuratediscloscd today that it was evacuating by ..plane those United States citizens' h0 wanted to get out or Palestine Pales-tine ahead of a full scale war g. between the Jews and Arabs. " v The consulate was urging other .Americans who elected to remain -'rin the middle east to g;t out of -Palestine before roads were closed ;y the hostilities. I The American consulate general elected to keep on ' operating In Jerusaeim with a skeleton staff. The bulk of the personnel will be sent to 1 Haifa. :' Jerusalem itself was getting i ;ieady for the opening batt'e in the war for Palestine. A sunburst of signs indicated it would not . , be long in coming. The Jewish agency announced that the partition of Palestine was a reality. A Jewish state has be:n set up and is functioning, a 1 spokesman for the agency said, ,and the Jews now are ready to t defend themselves. The Jewish declaration of Independence In-dependence left little room for doubt that the war would be or ii soon as the British quit th , city. And the British made it clear that they would be out of Jerusalem well in advance of May IS, when their Palestine mandate expires Report Starts Political Row WASHINGTON. April 13 (U.R) A behind-the-scenes row over the senate war investigating committee's commit-tee's long-awaited report on the Hughes-Meyers inquiry threatened threat-ened today to explrde into an f open fight. The committee has prepared for the senate a scorching report on t its hearings last summer and fall on the war contract dealings of plane-maker Howard Hughes and Maj. Gen. Bennett E. Meyers, i The Republican majority ap proved the report late yesterday. t But Democratic Sens. Carl A. Hatch of New Mexico and Claude '" Pepper of Florida said it was "no go" as far as they were con- cerned, and Sen. J. Howard Mc-Grath Mc-Grath of Rhode Island reported- ly - was equally displeased. v News Highlights In Central Utah Boy, 4. Hurt In Fall From Moving Auto Compound Building Ups First Quarter Coat For City Tlmp Underpass Dedicated, Opened For Children's Use . American Fork Appoints rncnrau ivo nvv City Recreation Director Owen L. Barnett Candidate for State School Superintendent. .3 County GOP Delegates to 0t4 CeavenUou Majned aji i s. -if-Aii i II f rviO5 rnnMnira ? f Law; Survey Shows sGo Back to Work i i me pian vioiaies ine law uy k1 mitting payments to union mem bers not employed by operators who contribute 10 cents a ton to the welfare fund. A survey showed that about one-fourth of the nation's 400,000 soft coal miners went back to work today. Thousands of miners were . reported preparing to "sit It -out" until they see what hap-ens hap-ens when Lewis goes on trial here tomorrow on a contempt charge. The office of defense transportation transpor-tation said it would move promptly prompt-ly in revoking its restrictions on operations of coal-burning rail roads. Steel industry spokesmen pre dieted it would take from one to two weeks for steel production to reach the pre-strike level. Some government labor experts were fearful of new disruptions in production if Lewis and the Unit ed Mine Workers are penalized for the pension strike. Some min ers were reportedly angry over the contempt charges facing Lew is but even they were expected to abide by his return-to-work or der Lewis is scheduled to go on trial at 10 a.m. EST., tomorrow for contempt of an April 3 court order which directed him to call off the strike-Vforthwith." Federal Judge T. -Alan Goldsborough, who will hear the case, ruled that termination termina-tion of the strike yesterday 10 days after the order did not clear Lewis of the contempt charge brought by the government. Goldsborough was the Judge who fined the miners' boss $10,-000 $10,-000 and the union $3,500,000 for their 14 days' defiance of a similar sim-ilar court order in November, 1946. The supreme court later re dured the union's fin to 7no nno Goldsborough may impose jail sentences or fines within his dis , Lewis was expected to base his defense on a plea that the o'der to call off the strike was unconstitutional, uncon-stitutional, that he never called a strike and that anyway the men are back to work. Gypsum Plant Operating at Sigurd, Utah RICHFIELD, April 13 (U.R) One of the largest integrated gypsum gyp-sum board plants In the United Estates has begun operations in Utah. Owned and operated by the Western Gypsum Co., the plant began operations yesterday, and the first gypsum board came off the line yesterday afternoon. Opening-day ceremonies were attended by the Western Gypsum President Sid H. Elllas. and mem bers of the board of directors of Certain - Teed Corp., Chicago, which helped finance the plant's construction. The plant is located at Sigurd, Utah. The company officials said that production in the new plant would soon be under full steam, and that the new operation would help relieve construction needs in the western states. STASSEN'S BIRTHDAY SOUTH ST. PAUL, Minn., April 13 (U.R) Harold Stassen, the Republican Re-publican presidential aspirant, ob served his 41st birthday here today to-day waiting for results of the Nebraska primary. Utah's Coal Miners Adopting 'Watchful Waiting' Attitude PRICE, Utah, April 13 (U.R) Utah's coal miners, 4,000 strong remained away from their jobs in large numbers today. Local union meetings of the United Mine Workers union were nlanned for this afternoon. But ti 2 1 indications were that no change in policy would result from the 'meetings 3,m""nf' Pra -urvev. of th coal fields in Carbon county showed that miners had refused to return to the pits this morning. Evidently they were waiting for J, the outcome of the John L. Lewis 6 Milwaukee, His., , which hat had two Socialist mayors before, be-fore, now has another one. Frank P. Zeldler, 35-year-old younger brother of the late Mayor Carl Zeldler, was elected elect-ed to the post. Previously, Socialist So-cialist had been in office In Milwaukee from 1910 to 1913, and again from 1918 to 1949. Conference In Bogota To Resume BULLETIN BOGOTA. Columbia, April 13 (Via Telephone to New York). (U.R) Top delegates to the Inter-American conference confer-ence formally resolved this afternoon to continue in this riot-wrecked city their sessions ses-sions which were Interrupted by violence. BOGOTA, Columbia, April 13, (U.R) The United States led the nations of the Americas today in a demonstration that the pan- American system still is functioning. function-ing. Under urging of U. s. Secretary of State George C Marshall, delegates to the inter-American conference decided to meet to morrow in this riot-wrecked city where their discussions were in-terruped in-terruped by-violence -Friday. The meeting formally will honor hon-or the memory of the great South American Liberator, Simon, Bolivar, Bol-ivar, who freed five South American Amer-ican countries. Tomorrow is Pan American day. A semblance of formality returned to the conference even today, as chief delegates met to hear a report of a special committee named to decide whether conditions in this wrecked city would permit per-mit continuance of the session. ses-sion. No official statement as to the I committee's report had been I issued, but there was no doubt that the decision was to continue the conference here. And one of the first items on the agenda, when the conference is able to settle down again to real work, probably in four or five days, is expected to be consideration con-sideration of an anti-Communist resolution couched in the strongest strong-est terms. Marshall charged y e sterday that international c ommunism was responsible for the weekend week-end of looting and bloodshed that devastated downtown Bogota and caused more than 400 deaths. He wants.a resolution that will weld the western hemisphere hemis-phere into a solid anti-communist block, and it appeared probable that he will get It Marshall was especially anxious anxi-ous that the conference not be moved to another city, and thai it hold at least a formal session tomorrow because he teared that a collapse of the sessions might be used as communist propaganda in the Italian elections Sunday. He feels, however, that . the communists actually suffered sev eral defeats here, , such as the government's announcement of a diplomatic break with Russia, the failure of the revolt, and the de termination of the conference tq continue meeting here. Carpenters Strike At Atom Project ALBUQUERQUE, N. M., April 13 (U.R) Work at the. highly- secret Sandia atomic weapons base here came to a near-stand still today as 700 workers observ ed a picket line thrown up by 70 union carpenters Who strucK xor a 40-cent an hour wage increase. coniempt of court trial in Washington. Wash-ington. Mine union spokesmen said that the local union meetings this afternoon were for the purpose of getting the sentiment of the general membership concerning the question of going back to work. However, he indicated that no change in policy would result and doubted seriously if any miners would return to their jobs until after the Lewis trial. Hopes for an early coal strike settlement and a return to their (Coatlaatd on Pago Two) Complaint by Union Tossed Out In 2-1 Decision of Court WASHINGTON, April 13 U.R) A special three-judge court today upheld the con stitutionality of the non Communist section of the Taft-Hartley labor law. In a 2 to 1 decision, fhe fed eral tribunal tossed out a complaint by the CIO National Maritime union that the non-Communist non-Communist provisions of the act violate the constitution. The court unanimously upheld the validity of the Taft-Hartley provision requiring unions to register and submit financial statements. The Maritime union also had challenged this section was unconstitutional. un-constitutional. But the court said congress was" acting within its power when it specified that ny union seeking benefits of the law must file financial statements and keep them up to date. We are of the opinion . . . that... the provisions of the statute assailed by the plaintiff plain-tiff (the union) were enacted enact-ed and may be enforced without with-out offense to the constitution, constitu-tion, the majority opinion said. The section provides tljat no union can use the services of the national labor relations board un less its officers sign affidavits stating that they are not Communists. Com-munists. It is aimed at routing Communists Com-munists from the American la bor movement. A spokesman for the CIO said the Maritime union "unquestionably "un-questionably will appeal the courts ruling to the supreme court. Judge E. Barrett Prettyman, who dissented on the Communist issue, said he believed the court should decide for itself a question of fact on which the majority ac cepted the view of congress.! Prettyman said . the court should hear evidence and then decide for Itself whether the nature of the Communist party is such that a member of it would, or would likely, impede the objectives of the (Taft-Hartley) act." , The majority opinion said "it would be, unrealistic to say, in the light of aU that appears, that the presence of Communists in key positions in labor relations does 0f the British inquiry staff, re-not re-not constitute a clearly discern- nliH to Alexandrov's objections. able and imminent threat to im portant national interests." Top Candidates Clash Today in Nebraska Primary OMAHA, Neb., April 13 U.R All of the top candidates for the Republican presidential nomina tion clashed for the first time today to-day in Nebraska's frcs-for-all preferential primrry. Today's voting may tell the rtory of whether Gen. Douglas M2cArthur, Sen. Robert Taft, or Gov. Thomas E. Dewey can stop the power of Harold E. Stasscn's drive in the midwest. Besides these four, Gov. Earl Warren of California, Hous Speaker Joseph Martin of Massa chusetts, and Seni Arthur Vanden berg of Michigan, were entered as passive candidates. They were placed on the ballot without their specific permissions and never campaigned. President Truman s name stood alone on the Democratic ballot. Today was the pay-off for the terrific campaigns stared personally by Dewey, Taft and Stassen and by friends of MacArthur on the General's behalf. They battled especially especial-ly for the state's farm vote, usually the deciding; factor In Nebraska elections. Polls opened at 8 a. m. (CST) and were to close at 8 p. m. A heavy vote was predicted with possibly 300,000 ballots cast. The torecast was for partly cloudy skies, no rain or snow, cool in t-e morning and becoming warmer In the aftemon. The vote count tonight is ex pected to be slowed by a city pri mary at Omaha. Court Dismisses Treason Charge Against Drexel WASHINGTON, April 13 (U.R) Federal Judge David A. Pine today to-day dismissed an indictment charging Constance Drexel of Philadelphia, with making treasonable trea-sonable radio broadcasts in Germany Ger-many during the war. Pine dismissed the indictment at request of the justice department. depart-ment. In such cases the action of the judge is utomatic. NLRB Rules Firm Must Bargain With Unions On Pensions First Board Decision in 13 Years to Rule on "Social-fringe Issues"; Vote On Far-reaching Decision Four to One WASHINGTON, April 13 (U.R) The national labor relations re-lations board, ruled today that employers must bargain with unions on pension plans when unions request such bargaining. In a four-to-one decision, ly fall within the Taft-Hartley and unions to bargain collectively on wages, nours ana "other conditions of employment." Today's ruling was the Berlin Plane Crash Probe Breaks Down BERLIN, April 13 (U.R) A joint British-Soviet inquiry into the Berlin air craft April 5, broke down today when the two powers were unable to agree on whether to hear American and German witnesses. Gen. I. A. Alexandrov of the Russian air force refused to hearj any German, contending that he would be unreliable'. He also declined de-clined to listen to any American testimony. The investigation of the collision colli-sion of a British transport and Russian fighter, in which all 15 aboard the planes we're killed, f :11 apart in its preliminary phase during the third session on pro cedure. Alexandrov maintained thai American testimony would be "improper." because the investi gation was on a two-country basis and word from other nations would be unacceptable. Air Comodore R. N. Waite, chief "We intend to hear all witnes ses, uermans ana Americans arc both available with evidence. Ir. view of the loss of American lives (two Americans were killed) I consider we should hear American witnesses. And I do not regard Germrn witnesses as unreliable just because they are German.' The session broke up with Waite maintaining the British would take part only if American Ameri-can and German witnesses were called, and Alexandrov standing firm. He said he would have no part of an inquiry under those conditions. VIENNA, April 13 (U.R) The British reported today that their military trains were allowed to clear through the Russian zone without delay today but motor traffic on the international highway high-way to Vienna still was blocked. The Soviet policy of putting thi pressure on the Americans and British in Vienna by impeding transport was ' fluctuating. No further obstacles had been placed in the path of the Americana after the setting up of check point on their highway to tne wesx yes terday. Boy, 4, Hurt In Tumble From Auto SPANISH FORK Four-year- old Preston "Butch" Creer, son of Mr. and Mrs. Allan Creer, of Spanish Fork, was treated Monday Mon-day afternoon at the Hughes Memorial hospital for head and shoulder Injuries sustained in a fall from a moving automobile. Riding in the back seat of a car driven by his mother, en route home from a near-by store, the lad attempted to close a door which he had noticed ajar, and in so doing, slipped and tumbled to the highway, landing on his head and back. ' He was taken to the hospital by civde Sabin of Salem, and Cooper Jex of Spanish Jorlc, in front of whose home the misnap occurred. His injuries were described by Dr. P. G. Hughes as abrasions, head lacerations, bruises, shock and brain concussions Neighbors reported Jilra to be "resting comfortably" at the Creer home Monday evening. the board said pensions clear act which requires employers first' board decision in its 13- year history on any of the so- called "social fringe issues." Heretofore, employer! could bargain ou and grant penaioa plana If they wished. wish-ed. But they were not bound to bargain on a union's demand de-mand for pensions. The board's decision was handed hand-ed down in a case involving the CIO United Steelworkers and the Inland Steel Co. The majority decision was signed by Board Chairman Paul M. Herzog, and members John M. Houston, James J. Reynolds, Jr., and Abe Murdock. Member J Copeland Gray filed a dissenting opinion. Early in 1946, the union asked the company to bargain on a pension and retirement plan. The company refused. The union, in August, 1946, filed fil-ed an unfair labor practice charge against, the - company. It charged the company with refusal to bar gain on "terms and conditions of smployment. The board found the company guilty, of refusal to bargain under the Taft-Hartley act. It issued "a conditional order" instructing the company to meet and bargain with the steelworkers "on its pension and retirement policies." The top officers of the steelworkers steel-workers union have not yet filed the non-Communist affidavits required re-quired by the new labor law and the board gave them 30 days to file the affidavits. If the officers fail to file the non-Communist itatements, The Inland Steel Co. will not be bound to bargain with .he union. Contempt Trial Judge Asked to Disqualify Self WASHINGTON, April 13 (U.R) John Howard Lawson, Hollywood script writer, today asked the U. S. court of appeals to disqualify the judge presiding over his con tempt of congress trial. .Lawson and nine other Holly wood writers and producers were indicUd for contempt of congrfss when they refused to tell the house un - American activities committee whether they ever be longed to the Communist party. Attorney! for the 53-year-old writer of such movies os "Block ade," "Action in the North At lantlc" and "Algiers" yesterday hed asked Federal Judge Edward M. Curran to disqualify himself on the grounds of "bias and preju dice." They argued that Curran would be prejudiced against the defendant defen-dant because, in--his previous ca pacity as U. S. attorney for the District of Columbia, he prose cuted similar cases. Curran rejected the request. Todav. defense counsel asked Chief Justice Harold Stephens of the appeals court, to halt the trial, pending a hearing on their petition. First Emergency Shipment Of ERP Food Now Being Loaded WASHINGTON, April 13 (U.R) Paul G. Hoffman, administrator' for economic cooperation, an-1 nounced today that the first emergency, shipment of food for Europe under a $zi,ooo,uuu "urgent" "urg-ent" program is being loaded at Galveston, Tex. . The cargo is 9,000 long tons of wheat. It Is the first shipment of 45,000 tons to be sent to France during the next 10 days. It Is bein loaded aboard the Lucken- bach lines vessel John S. Quidok. This is the first loading of foodstuffs food-stuffs in the $21,000,000 program Sees Grave Peril t r ' , i, - , it ,iV '", .'"' -V li JfiMJ W. STUART SYMINGTON Russia Building World's Greatest Air Force, Claim WASHINGTON, April 13 (U.R) Russia is building the world's "greatest air force" in order to "reach a decision with this coun- trv." Air Secretary W. Stuart tf w JSymington said today. Symington told the house armed services committee that the USSR is building 12 times as many war planes as we are. He added that the Russians "seem to want to reach a decision with this country and they want to reach it In the air." Agreeing with a statement that this country is in the gravesi pern of its history, Symington asserted that the Soviets "are building the greatest air force in the world." J As Symington testified, Repub lican leaders were giving top priority to legislation calling for boosts in military spending. First measure scheduled for house passage pass-age was a supplemental appro priation for purchase ot aaaiuonai air force and navy planes. While house leaders agreed that more defense spending is necessary, they pooh-poohed suggestions that production produc-tion controls will be required in the near future. Symington urged quick enact ment of a draft law to provide manpower with which to keep the army and navy in balance with the air force. The air force, he said, wants to boost its strengtn to 502,000 by the end of 1950 to ive it 70 air groups. It has been asking for this boost for three years, he said. Rep. Lyndon Johnson, D., Tex., told Symington he had "a suspicion sus-picion that there are forces in operation that are trying to muzzle muz-zle the air force." Johnson asked Symington if he agreed with a recent statement by Gen. Ira Eaker, retired, that the United States Is in the greatest peril of Us history. . "Yes, Sir," Symington replied. Elaborating Symington said it looks as though the United States can never have a land army as big as the Russian army. He said he understood the Russians have 100 divisions under arms. Counting Count-ing satellite armies, they have perhaps 175 divisions. And although the United States has the greatest "navy in then world, "the Russians are building the greatest air force in the world." COMMITTEE CHARGED Wrril MEDDLING WASHINGTON. April 13 (U.R) Sen. Homer E. Capehart, R., Ind.. said today the senate interstate commerce committee is meddling in technical radio matters about which it knows nothing. authorized by Hoffman last Friday Fri-day for Austria, Greece, France, Italy and the Netherlands. The need of these countries Is described as "urgent." Hoffman's office disclosed that tomorrow the vessel Hawkins Sudske will be loaded at Galveston, Galve-ston, The Frank Adair Monroe will be loaded at the same port on April 17.. In addition, a 9,000-ton cargo will be put . aboard the Richard Hopkins at Houston on Apr" On April 22 at the same port the Adair Bagley Daniel will be filled with wheat for France. amies Fast Action Promised to Build Defense Asks $2,376,100,000 For Plcmea For Navy Air Jorce In 25 Days By FRANK ELEAZER United Preos Staff Correspondent WASHNGTON, April 13 (U.R) The house appropria- , tions committee today asked congress to vote $2,376,100,-000 $2,376,100,-000 quickly so the air forc and sri&vy can buy more - planes. Republican leaders, who have promised fast action on defense de-fense spending, routed the request re-quest to the house floor for debate de-bate tomorrow. Rep. Carl Hinshaw, R., vice chairman of the congressional . aviation policy board, served no- . tice that attempts will be made to -boost the recommended amount by amendments offered from the; house floor. He said the amount falls short "by a good margin" of meeting board proposals. The aoDroDriations committee did not knock so much as pen- , ny off Defense Secretary Jamea F?tar. plea for - an irnmedla advance against anticipated 1949 , allowances for aircraft purchases, . It okayed without quibbling quibbl-ing his reqaest that the parents par-ents funds originally budgeted budg-eted at f l,51.O0M0O be . Increased by 1725,000,000 ' A ..J 4. ..nAM..J kl WiM-' ' eress turn the whole sum over to' Forrestal now, so he can start placing orders at once. The defense forces originally,, planned to buy 2,005 planes in the 12 months starting July 1. With the extra funds, and a head start, they hope instead to get 3,200. This would be about double the annual rate of military aircraft production at' the end of 1947, but only half of what the air force and navy say are their combined com-bined needs. With funds now on hand, the committee said the air foree and navy, if congress okays the reqaest, will have about $4,000,000,000 to spend in the. aircraft Industry. "The committee is convinced that this amount is adequate to enable the industry to tool up to a reasonable degree of production produc-tion and provide a solid base for future expansion if such should become necessary," Chairman John Taber reported. Testimony of defense officials, made public by the committee, disclosed that the money will be spent largely on new models of existing planes. And it will be spent at once possibly within 25 days. Of the total, the air force would get $1,473,100,000; the navy, $903,-000,000. $903,-000,000. Part of the money 1 in cash, and part in contract authorization. au-thorization. And $400,000,000 is to liquidate previous contracts. Rebels Set To Seize Capital Of Costa Rica WASHINGTON, April 13 (U.R) Reports reaching the state do partment indicated today that in surgent forces are about to cap ture San Jose, capital of Costa Rica. Dispatches received by the state department during the night said a house-to-house defense of San Jose was expected to start today. The insurgents are led by forces of Otilio Ulate, who wH elected president of Costa Rica on the national union ticket on Feb. 12. He was to tke office May 8. but the election was declared de-clared invalid by the Costa Ricaa congress. Fighting has been in progress in Costa Rica since March 12. Ulates faction Is opposed by the Costa Rican Communist party, Vanguardia Popular, and by Rafael Ra-fael Calderon, the government's ? candidate for president who was defeated in the February election. elec-tion. V . The present Costa Rican president presi-dent is Teodoro Picado. ' Dispatches received by the state department said that the Atlantic port city, of Llmon already al-ready hag fallen to Ulate a xorces. |