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§~~ ~ HatUttumtint iiuintum mar - — J State and National News -----WILMINGTON, N. C., TUESDAY, JUNE 19, 1945 ESTABLISHED 188? AP By-Laws Are Termed A Violation high COURT RULES Justice Calls Decree First Step In Shackling The Press' Chronology of the AP case 6ince the civil anti-trust suit „.as filed by the Justice Depart ment in U. S. Court for the southern New York district be found on page five. WASHINGTON, June 18.—(IP)— -The Supreme Court today affirmed s lower court finding that Associat ed Press membership by-laws vio late the Sherman Anti-Trust act. Justice Black delivered the high court's 5-3 opinion. Justice Jack son, a former attorney general, took no part in the case. Justice Roberts delivered a strong dissent, in which Chief Justice Stone joined. Justice Murphy also dissented. Justices Frankfurther and Doug las wrote brief opinions concurring with the majority. The 6.500 word prevailing opinion declared that the lower court cor rectly found that Associated Press by-laws which allow consideration of the competitive effect of an application for membership “on their face . . . constitute restraint of trade.” Justice Roberts asserted he was unable to determine upon what ground the majority based its con clusions. Further, Roberts stated, the de cree may well be “a first step in the shackling of the press, which will subvert the constitutional freedom to print or to withhold, to print as and how one's reason or one's interest dictates. “When that time comes, the State will be supreme and freedom tf the state will have superseeded freedom of the individual to print, being responsible before the law for abuse of the high privilege.” “From now on,’ Roberts as lerted, “AP is to operate under the tutelage of the court.’ The lower court’s decree, im plementing its summary judge ment, was upheld by Supreme Court without change. The Supreme Court decision was given on appeal from a decree by a special three-judge Federal dis trict court in New York City. This was a summary judgment on motion of the government—that is a judgment without the taking of testimony by witnesses in open court. The special court restrained A.P.—A non-profit news eoopera tive—from observing by-laws un der which A.P members might consider the competitive effect of an applicant for membership. It said, however, that A.P might re strict membership on other grounds.. The lower court also decreed that unless the membership by laws were changed, A.P. would be barred: from providing its news exclusively to A.P. members: from requiring A.P. members to give their local news exclusively to A.P. from enjoying exclusive right to Canadian press news for use in the Cnited States. Both the A.P. and the Justice (Continued on Page Seven: Col 4) -V DEWEY SAYS SERIOUS SHORTAGE HITS AREA NEW YORK, June 18.— (U.fi) — Gov. Thomas E Dewey said today that unless the current shortage of feed grain is relieved, New York State will be without milk and eggs b}' mid-September. Dewey told a press conference, *t which he announced the call of 13 governors to a food conference, t-iat Buffalo, N Y., principal rail distribution center for the north eastern section, now has a daily shortage of 1.000 cars of grain. He said that if the situation con tnues, a crisis will exist in the dairy and poultry industries within ™ days and that acute food short ages will result 30 days later. He attributed th»> grain shortage main lv l0 transpiration difficulties. WEATHER Loteorgological data for the 24 hours '"8 7:30 p. m„ yesterdsy. TEMPERATVTSg a- m. 74: 7 :30 a m, ?«; 1:30 p. m. ,;30 p. m. 78. Maximum 87; Minim im Hi: Mean 80; 7g. 1 HUMID«TY a «>. 89; 7:3300 a. m 87; 1:300 p. c7; 7:36 p. m. 84. PRECIPITATION uhta! for 14 hours ending 7:30 p. m. Tj inches. Total since the first of tlv month 2.33 T-ches. ._ TIDES FOR TOIWV tFiom the Tide Tables published by • “• Coast and Geodedtc Survey) ,. HIGH LOW “ ilmington _ 4:49a _ S:32p 12:10p Masonboro Inlet _ 2:4ia 9:04a 3:28 9:40p sunrise 5:00; Sunset 7:226; Moonrise ‘•N>; iloonset 1:25a. Killed In Action Lt. Gen. Simon Bolivar Buck ner, Jr., commander of the U S 10th Army, who was killed by a Japanese shell in the front lines an Okinawa Sunday. He was watch es his men battle through the last fanatical resistance of the enemy an that front. U. S. OPERATES SEIZED TRUCKS Threatens To Induct Driv ers Into Army To Drive Vehicles CHICAGO, June 18— UP) —Seized trucks rumbled through Chicago tonight with soldiers in their cabs as an ODT official asserted “we'll convoy trucks to Florida if neces sary, but we’ll beat the strike.’’ Ellis T. Longenecker, Office of Defense Transportation manager of 1,700 seized lines, said sufficient troops were on hand and “all we need will be here’’ to keep trucks moving with their cargoes of food, drugs, merchandise and sundry cargoes. “The same Army that beat Hit ler will beat this strike,’’ Long necker said at a press conference. The work stoppage, the second transport tieup here in a month, stalled Saturday over dissatisfac tion with a War Labor Board wage award, the same issue as in tie May dispute. Longenecker said that every driver under 38 who did not work today and whose employer reports him to the ODT by tonight faced possible draft for military service. “I will suggest to the draft board that it put every striker under 38 into uniform and then’ I'll make them drive for $50 a month for me,’’ the ODT manager declared. The WLB award with which the strikers are dissatisfied as has an (Continued on Page Two; Col. 4) SOLDIER VOTE OUSTS CANADIAN PREMIER OTTAWA, June 18.—(A*)—The de feat of Prime Minister MacKenzie King in he Prince Albert consti tuency which he represents was reported tonight in Government circles, presumably based on ad vance information about the soldier vote which is to be an nounced officially tomorrow. Cabinet ministers and party of ficials have been supplied with private information on the service baSoting in a number of consti tuencies where the civilian vote in the Federal election June 11 was close. The reports said that King, who led by 263 votes on the civilian tally in his constituency, would finish more than 100 votes behind his C. C. F. opponent, E. L. Bow erman. Should King be defeated it is as sumed that he will seek a seat in the Ho' se of Commons from an other constituency at the earliest possible moment in order to be present for the coming session of parliament, expected to open early ir. September. The service vote is not expected to change materially the relative party standings in Commons as based on the civilian results. Laud? *m In Aauress To Congress _!_ LONG PEACE IS SEEN Heroic Allied Chief Cites Symbol Of Capital To Veterans By TOM REEDY WASHINGTON, June 18.—(&)— Dwight David Eisenhower came home in triumph today and captur ed the hearts of wildly cheering Americans who like their heroes mighty but plain. It was the first time the five-star general had set foot on American soil since he led the Allies to vic tory over the European Axis and he was gripped immediately in the swirl of homage that Pershing and Grant and Sherman have known. At least half the population of the nation’s capital turned out to see the baldish, ever-grinning Kan san who became a world figure but still calls himself by the nickname “Ike.” From the national airport to the nerve center of the war effort, the Pentagon building, to the Lincoln memorial, past the Washington monument, to the Capitol, they stood, waving and shrieking. It was “here he comes” and “Ike, Ike,” as the general, stand ing in a jeep, waved and saluted. It was a stern test of the proven humility of this man. He met it by telling Congress what his men think —not what Ike Eisenhower thinks. He demonstrated his dedication to the job still to be done by advising the multitude what their next job is. When his jeep passed the Treas ury building he held his hands aloft in commanding gesture, pointing to a huge Seventh War Bond drive sign. He held the pose for almost a minute so that none could mistake his meaning. He bore a message for the law makers—in short, biting tones he told them that the GI feels “pas sionately” the peace “can and must” be worked out so that their children need face no such holo causts as that from which he had just emerged. He told the tumultous throngs downtown that this was the “high point of my life,” that never in his wildest dreams did he imagine such enthusiasm should be reserv him. But he did that too in the name of his troops. He accepted the “key to the city” from Commissioner J. Rus sell Young but said he viewed it as “a symbol of Washington open (Continued on Page Five; Col 3) _\T_ BLUETHENTHAL PILOT IS KILLED IN CRASH Returning frofn a routine gun nery training mission, First Lt. William A. Lowranee, of Engle wood, Calif., was killed instantly about 9 a.m. yesterday when the P-47 fighter plane he was piloting crashed near Bluethenthal field Lt. Lowranee was coming in for a landing, according to the public relations officer at the Army Air aase, when he apparently lost con trol of the plane, the ship spin ning and 'crashing from a height af approximately J50 feet, near the righway around the runways. The plane was destroyed by fire. Survivors include his wife, Mrs. William A. Lowranee, f Carolina Beach. County Board Planning To Inspect County Home The recent report of the New Hanover County Grand Jury for June got an official airing before the Board of County Commission ers yesterday afternoon at their regular weekly meeting, and out of the discussion came a decision by the Board to visit the Home Thurs day morning to see what is nec cessary in the way of repairs, transfer of inmates, and sanitary improvements. The Grand Jury in it's report to Judge John J. Burney of Wil mington, who presided over the June term of criminal court, called conditions at the home, from a sanitary standpoint, very bad and recommended transfer of mentally deficient patients to another build ing. Chairman Addison Hewlett, Jr., brought the report to the attention of the Board and the document im mediately brought from Commis sioner H. R. Gardner the observa tion that during the nine years he has been a member of the Com mission, criticism of the County Home has become an annual cus tom. “However I think something should be done about remedyu'-g the conditions out there for it Is our responsibility,” said Mr. Gard ner. “It is obvious that Mr. Long cannot look after the farm, a gang (Continued on Page Seven; Col. 5) — 7 This Was His Own ‘FATHER’S DAY’ Suffering with other bereaved fathers, Marine Col. Francis I. Fen ton of San Diego, Calif., says a prayer at the flag-draped body of his son, Pfc. Michael Fenton, 19, about to be buried in the Okinawa mud. Scout-sniper in the First Marine Division in which Col. Fenton is a regimental commander, Michael was killed in action. (International) Radio Beam Is Planned For Bluethenthal Base Already regarded by Air Cor fields in the nation for training c: Bluethenthal Field will shortly bi for the safety of airmen by the ii CITY FORWARDS BID FOR FUNDS Application Filed For Money To Build Civic Auditorium Another step forward in Wil mington’s bid for a community building was taken yesterday when City Manager A. C. Nichols forwarded to the Atlanta Regional office of the Federal Works Ag ency, an application for “avail able” funds for the erection of such a building. The amount of money requested was not disclosed by Mr. Nichols, who declined to comment on that phase of the situation until such time as action is taken by the FWA. Approved by both the cuy and State planning boards, the petition for funds was approved by the city council May 23, and the en dorsements of these two groups were attached to the form which was forwarded to Division F,ngi (Continued on Page Seven; Col 3) 3s officials as one of the best air dets in advanced flying technique, ■ equipped with an added facility istallation of a radio beam unit to iguide pilots direct to the field. Construction plans, now in the hands of Army Engineers will no doubt be made public within a few days, but it is already been defin itely established that the radio beam will be added to air safety facilities of Bluethenthal Field as soon as possible after condemna tion proceedings by the War De partment to acquire land on which the beam is to be located. The new facility is to be erected at a point five miles directly north west of the airport on a tract of land now owned by W. A. Corbett, of the Corbett Package Co., and situated in the Marathon section of Cape Fear Township. That early establishment of the new facility is assured was evi denced yesterday by the fact that work was started on improvement of a two and one-half mile stretch of Marathon avenue from Castle Hayne road to the bridge across the creek. Contract for the work of improving this section of Mara thon avenue was awarded by the Federal government a week ago. according to information given to the Board of County Commission ers by Chairman Addison Hewlett, Jr., at their regular meeting yes terday afternoon. (Continued on Page Five; Col 5) New Commander Named To Head State Legion RALEIGH, June 18.— (ffl —The State Department of the American Legion elected Victory R. Johnson, Pittsboro attorney, as it command er today, reiterated its demands for permanent, universal military training, and suggested that a poil of men and women in the armed forces be taken on the subject. In another resolution, the De partment demanded that conscien. tious objectors be retained until the war with Japan ends and serv ice men are returned to their homes, and reaffirmed its endorse hhent of the 1'our-point expansion program for the veterans hospital at Oteen. It also reiterated its endorsement of R. L. McMillan of Raleigh, former national vice commander for national commander. The one-day business meeting was held in lieu of the Depart ment’s annual three-day conven tion, which was cancelled in line with Office of Defense Transporta tion restrictions. The resolution urging universal military training, called attention to what it said was unpreparedness for World wars one and two, and said: “Again in 1945 the American Legion is pleading that we avert a third world war by taking steps now to prepare a strong defense. Again the American Legion is pleading for permanent, universal military training. “And again students and theor ists and college professors/ and politicians are saying that military training of ou: young men is un American and is unnecessary. And again our leaders are bogged down in debate.” The best way to avert attack, the resolution continued, is to be ready to meet it In suggesting a poll of service men on the subject, the resolution said that ‘ they are the only ex perts on the subject of war. They have learned the hard way. Surely our leaders and our country will be willing to follow the mandate of those men about future mili tary policy. They are entitled to speak and we should get them to speak. Let us get the fighting men to end the debate about universal military training.” Other officers elected with Johnson include: Robert L. Pratt of Edenton, Ralph Dowd of Dunn, J. W. Mc Lennan of Burlington, Brown W. (Continued on Page Five; Col 2) Prize Port Is Captured By Chinese ENEMY IS FLEEING Wenchow Becomes Second Big Port To Fall With in One Month CHUNKING, Tuesday, June 19.— (A’1— Chinese troops driving up China’s eastern coast early Mon day recaptured Wenchow, prize port 220 miles south of Shanghai and 440 miles west of Okinawa, the Chinese High Command an nounced today, and pursued fleeing Japanese forces on across the Wu river. Wenchow, former treaty port, is* in Chekiang province. 160 miles north of Foochow evacuated by the Japanese May 19. Thus in a month two big ports and a long stretch of China’s invasion - vulnerable coast have fallen to the Chinese pushing up on the heels of a steady Japanese retreat. Wenchow had been Japanese held since last December, and twice before was occupied by the invaders between 1939 and August 1943. Japanese abandonment of Wen chow apparently was part of a vast redeployment of enemy forces now in China, and bore out predictions that the Japanese would evacuate the port after the forces once sta tioned in Foochow had reached there safely. It was believed here that the Wenchow garrison and troops from Foochow would be used '•> strengthen anti-invasion defenses in the more vital Shanghai and Hangchow region. To the southwest, Chinese troops tore 12 miles deeper into Japanese lines west of the former American airbase city of Liuchow, hitting to within 21 miles of that biggest rail hub in south China, Chinese head quarters said. U. S. fighter bom bers provided close support. Ripping into the Liuchow-Ishan city, 400 miles soiltheast of Chung Tatang defense triangle before the king, Chinese columns carved out a 12-mile gain along the Ish» Tatang highway and reached tne suburbs of Tatang. As one Chinese column rolled down on Tatang from Ishan, anoth er group operating west of the Liuchow-Yungning (Nanning) high (Continued on Page Five; Col 1) -V WAGE RAISES SOUGHT BY TWO DEPARTMENTS The City Service and Water De partments have asked for increases in salary to be included in the new budget scheduled to go into effect July 1. City Manager A. C. Nichols revealed yesterday. The requests are referred to the city manager and a budget commit tee composed of City Treasurer Ro bert S. LeGwin and Councilman Garland S. Currin. It was stated that it would probably be two weeks before action is taken. Last week petitions signed by members of the Police, Fire and Health de partments, asking for raises, were received by Nichols. The requests are not unusual, it was explained, as similar docu ments have been submitted yearly for the past several years. SOVIET COMMANDER DIES IN ACCIDENT LONDON, June 19.—(U.R)— Col. Gen. Nikolai Berzarin, Russian commandant of occu pied Berlin, was killed in a motorcycle accident Sunday, the Soviet Berlin radio said to day. Marshal Georgi K. Zhukov, Soviet member of the Allied Commission for Germany, is sued the announcement on Berzarin’s death. It gave no details. Zhukov said the accident “has torn from our ranks a faithful son of the Bolshevik party and a glorious fighter of a great people.” BLAZEDESTROYS LUMBERTON MILI Loss Set At $100,000; Vast Lumber Stores Reported Burned LUMBERTON, June 18. — Th planing mill, dry kiln and storagi sheds of the Lumber River Pirn corporation, located one mile nortl of the city limits, burned to the ground this morning causing ap proximately $100,000 damage, ac cording to John E. Rankin, assis tant secretary of the company. The loss was the largest sus tained in any fire in Lumberton o vicinity for many years, it wa revealed. The biaze, the cause o which has not been determined started shortly before 10 a.m., un der the floor of the planing mill and within 10 minutes it hau spreai over the entire building. Seventy thousand feet of lumbe in the dry kiln, ready to be pullei and shipped this morning, and : box car which was being lorded were included in the 600,000 t 700,000 feet of lumber destroyed b; the fire. Metal sheeting and rooi ing of the building which housei sheds, kept the fire confined t the inside of the building, it wa stated. No one was injured in the fire which crowds gathered around t watch. The fire department' equipment was of no avail, a city water lines do not extend t this point. Since the U. S. entered 'be war about 65 per cent of the company production has gone directly to th government, or government ager cies, Rankin stated. This is the se cond fire loss the lumber cornpan; has sustained since its establish ment here, a large portion of th' plant having been destroyed oi May 17. 1939. The most costly fire inside th< Lumberton city limits within recen years was one which destroyed the Carolina Tobacco warehouse. Nov IS, 1941, when a damage estimate< at $70,000 was caused. --V TWO OF MONARCH’S AWES WILL CONFEI % . . BRUSSELS, June 18.—UP)—Twi of King Leopold Ill’s most trustee confidantes arrived by plane to day on a “mission of information’ as Brussels seethed with a govern ment crisis caused by reports tha the king was about to return tc Belgium. Leon Frederic, former head o the king’s cabinet, and Jacquei Pirenne, the monarch’s private counsellor, were to confer witl members of the government anc then fly back to Salzburg, Austria with a report to Leopold. » Lucky Private Nearly Missed Victory Parade WASHINGTON, June 18. — (U.R) - Pfc. Vernon Janzen, the only priv ate among the gold braid to come home with Gen. Dwight D. Eisen hower, fund the reception at National airport so exciting he al most missed the parade. When the planes landed Janzen climbed down from the last one and started marching down the field with other enlisted men. Re porters bore down on him and be gan asking questions. The other men marched off and the motor cade began rolling. Then a radio announcer grabbed the private and Janzen was talking into a mike. Ten cars passed by and the end cf the line was in sight. He still was talking when ! car No. 11—in which he was sup posed to ride—passed by. “Come on, Janzen,” the driver shouted. The private leaped aboarc without formally finishing the inter view. Janzen, 23, of Lorraine, Kan. was picked from the first divisior to come home with Gen. Ike be cause “they wanted a guy from Kansas who had enough points and enough decorations.” He has 93 points and the Silver Star, Purple Heart with a Cluster the European theater ribbon with five campaign stars and a dis tinguished unit badge. But his most precious possession was a large brown envelope. (Continued on Page Five; Col 4) Nimitz Intimates Fall Of Okinawa As 10th Army Commander Is Killed; Qf/A. Ike Returns Home In Triumph ★ -■■■ Buckner Is Downed By Enemy Shell DIES WATCHING MEN Praised By Nimitz, He Wai First Commander-In* Chief To Lose Life GUAM, Tuesday, June 19—UP) Fleet Adm. Chester W. Nimitz ii effect reported the capture of Oki I nawa today as he announced th death in action there yesterday o Tenth Army commander, Lt. Gen Simon Bolivar Buckner, Jr., “01 the day of victory on which h gallantly met a soldier's death.” Nimitz's communique however carefully omitted announcing tha Okinawa, last rung of a ladde reaching across the Pacific fron the United States to Japan’s door step, had been ‘‘secured” in military sense. i Buckner, colorful general tvh . spent many “months planning th Okinawa campaign at Nimits Pearl Har' ■ headquarters las ' year, was killed by a Japanes • shellburst as he stood in the Mr rine sector's front lines. Ahead, h could see broken Japanese force fleeing acros- open ground towai cliffs at the southwestern tip c > Okinawa. f Marine Maj. Gen. Roy S. Geiger commander of the Marine Thir ’ Amphibious Corps on Okinawa, wa given command of the Tenth Ai j my immediately upon Buckner death. Geiger, recently nominate . for Lieutenant-General, was coir I mander of all Allied aircraft in th t Solomons in the Guadalcanal can 1 paign. j Ground action on Okinawa yes , terday saw the Nipponese coir pressed more tightly into two sma ■ pockets on the island’s southin' , tip. . The Japanese, although showin definite signs of breaking and wit many of their number fleein ’ across open terrain, nevertheles ] fought back savagely in some set 5 tors. It was a shell burst fired int 5 the Marine sector in Southwes • era Okinawa which killed Bucknc as he stood in the front lines, fror • where he could see some of th > Jap confusion ahead. - The general was watching - spearheading attack launched b< - fore dawn by the reinforced Eight ' Regimental combat team of th , (Continued on Page Five; Col 1 ; -—v PRESIDENT SUMMONS [ TOP RANKING CHIEF; WASHINGTON, June 18.-(/P) I President Truman summoned hi lop ranking military and diplomt tic advisors for conferences lat today, preparatory to taking oi tomorrow on a flying trip to th i west coast. He plans to address the closin session of the United Nations cor ’ ference expecting that group t complete by Saturday the job c setting up a world organization d< signed to keep the peace. The President talked for mor than an hour with his joint chief of staff and followed this unschec uled meeting with a conference a1 tended by Harry L. Hopkins, hi special emissary to Moscow, an Joseph C. Grew, acting secretar, of state. None of the participants wouli discuss talks with the President a which they presumably gave h a last minute fill-in on battle am diplomatic developments. \T COAT HANGER MOVIE IS SCHEDULED TOD A} To meet the quota of 20,000 coat hangers needed for the use of troops at Camp Davis, the Wilmington chapter of the American Red Cross is spon soring a coat-hanger movie this morning at 10:30 at the Bailey theatre. The price of admittance to the hour and a half showing of selected car toons and comic shorts will be six wire or wooden coathang ers in good use. Admission will be by coat hangers only. With 4,000 coat hangers al ready collected during the cur rent ca.r.paign, the Red Cross hopes to fulfill its quota through receipts from the movie. Red Cross staff assist ants will be stationed at the entrance of the theatre to re ceive the coat hangers.