The Daily Alaska empire Newspaper, March 2, 1946, Page 1

THE DAILY ALASKA EMPIRE “ALL THE NEWS ALL THE TIME” VOL. LXVIL, NO. 10,208 2 U.S. PLANES ATT - MEEKS KNEW CAMPBELL IS CLAIM Now witness averred, he “thought George | was going to pass out.” Court proceedings opened this morning with Kelso B. Hartness| still on the stand for the tag end | of his cross-examination. Little | additional was brought out in this | morning's questioning of Hartness. Hartness was immediately follow- ed by Kalinowski, whose chief ex-! amination was conducted by Asst. U. S. Attorney Robert Boochever. | | JUNEAU, ALASKA, SATURDAY, MARCH 2, 1946 _ MEMBER ASSOCIATED PRESS PRICE TEN CENTS e ———e e courtroom throng indulged in the| first chuckle heard during the en- tire trial proceeding when Hartness testified he remembered he had eaten ham and eggs and hot cakes at the Dew Drop Inn that Satur- day afternoon, because he was thinking of Meeks’' rolling proposi- tion at the time. “And that made you think of ham and eggs?” Paul asked. Asked who besides law officers and Meeks he had talked to about UMW FILES - NOTICE OF ' WALKOUT i ASK ACTION BE FILED AGAINST 5. McCUTCHEON Result of S-paal Election, Third Division, LEGISLATURE IS CONVENING NEXT MONDAY CKED BY RUSSIANS NAVY SENDS PROTESTS ON "INCIDENTS" House Schedulgd fo Meef Govemmen—l_ T—akes Strong at 11 A. M. with Senafe Stand on Three Im- Gathering af 11:30 portant Instances Alaska's Territorial Legislature N, uminous Coal Operators Asked, However, to ~ Reopen Wage Talks NO SEATS MONDAY | the Campbell case, Hartness mcm»d_AskS D on a”Ofl 0{ Over v At the conclusion of this morn-|that he had once told a cook at the | ?' ing's trial session, the throng of Imperial Cafe that he “knew some- | $100 000 000 Wh'(h lS 5 onlookers that has over-taxed the‘(hing about the case that he was ’ ¢ b capacity of the District Court room afraid to tell the FBI because through the murder hearing was George Meeks had been threatening Goa' as Se‘ fOl' DHVE advised by U. S. Marshal William 'him.” SIS > Witness on Stand in Mur- der Trial Gives Testi- mony of Incidents United States Attorney Pat Gil- {more has been requested by two| members of the Territorial Legisla- | iture to file an action in District That George Harrison Meeks was | personally acquainted with murder yictim Clarence J. Campbell, was disclosed in the U. S. District Court here this morning by Government witness John Kalinowski. Previous prosecution witnesses have told of Meeks' denying knowl- edge of the man he stands of ac- cused of murdering. Kalinowski, carpenter in the employment of focal contractor Charles Boyer, re- lated that he, Meeks and Campbell drank together, Sunday morning, December 9, 1945, in Meeks' room at the Keytsone Rooms here. At that time, the witness declared, he was introduced to Campbell by the de- fendant. Describes Campbell Kalinowski described Campbell as wearing a light gray suit and heavy- T. Mahoney that all courtroom seats will be reserved for members |of the jury panel when the Dis~ trict Court opens again Monday morning. No spectators will be ad- mitted until after the jurors have {been excused and have departed. | FRIDAY AFTERNOON SESSION i Jockeying by opposing counsel yesterday, afternoon during cross- examination of Hartness finally ended in a victory for the defense, when Judge J. W. Kehoe ruled that he will also allow testimony show- ing the relationship existing be- tween the defendant and Hartness up to the time of trial. Defense Counsel William L. Paul, ! who announced that he would fin- | ish the case alone after the exclu- sion of associate J. J. O'Leary for | contempt of Court, under that rul- | i WASHINGTON, March 2.-Presi- dent Truman has appealed for Am- ericans to donate even more than| That conversation occurred in/ Decémber and in it Hartness told (By The Associated Press) John L. Lewls filed a 30-day strike notice today for his 400,000 United the cook of Meeks' bloody shirt. {the $100,000,000 asked by the Red Court here against Steve Mccu(vh-‘ eon and Gunnar Engebreth, both of | Anchorage, to determine which is | occupy the office of | When first asked by Paul if he y was held as a material witness in ! Cross in its annual war fund cam- this case, Hartness replied yes, s about Januery 10; then said that he had been arraigned as a mater- | ial witness in another case, not the | one now on trial. | In reply to prosecution objection, | Paul stated his contention | a broadcast signalizing the start of the drive, the Chief Ex- ecutive said last night. “With true American generosity, let us exceed this Red Cross cam- paign goal. As President of the kUnited States, I urge you, my fel- {low Americans, to support this noble | cause to the utmost of your ability.” the | questioning was proper as showing interest and a bias. Asst. U. S. Attorney Robert . i Bbchaver (iatoihesl ax - gitedipt] STDe . Wat, e SiL I8 DOL A to confuse the jury, the hri"m“g[flllmr for the Red Cross or the A sick and wounded in Army and in of matters pertaining to the other case; that it would only be! proper to bring out by direct ques- tion that Hartness is complaining | CHURCHILL Navy hospitals. witness against Meeks in another | criminal case—not the details of | i Mine Workers and notified Bitum- {N)Htlt‘d to inous Coal Operators he wanted to Territorial Senator from the Third reopen wage talks with them in [Division for the special session of ‘Washington on March 12. | the Legislature which opes In strike notices filed with the |day. X National Labor Relations Board,| Reps. Almer Peterson and Oscar Segretary of Labor Schwellenbach | Gill, who signed the request, con- and the Wage Stabilization Board, |tend HcCutcheon is not entitled to Lewis said the issues in dispute the seat because he was not a resi- covered wages, the 'question of |dent of the Third Division for two whether supervisory employees could | years prior to his election as re- belong to the UMW, working hours, quired by the law. Engebreth, who and other conditions. {received the second highest vote in The administration’s new wage- | the recent election, would have the | price policy, he added, had resulted |seat if McCutcheon is ousted. i in “significant change” in govern-| Accompanying the request made | ment wage policy and that the wage 5Upon the U. S. Attorney is a cer-| issue could be reopened under the |tificate from Clerk of the Court| UMW contract. {John B. Hall of the Fourth Divis- Two major strikes accounted for {ion, certifying that McCutcheon nearly one-half of the nation'¢ voted as a resident of the Fourth ! i i I convenes Monday in extraordinary session to last for 30 days. The House is tentatively set to convene at 11 a. m. and the Senate at 11:30 a. m, depending on the number of legislators ready to d busine: Legislature piocedure calls for temporary organization of both branches to be followed by perma- nent organization, appointment of help and perhaps committees, Following permanent organiza- tion, the House and Senate will notify each other of organizing and ready for business and each body will also notify the Governor of readdiness to receive his mesage or address concerning the special busi- ness to come before the extraordi- nary sessioy. The membership lineup of the | Legislature, with two exceptions, is WASHINGTON, March 2. — The United States told Russia off today Soviet attacks on Navy lanes off the Manchurian coast ind for the Red Army’'s removal of Manchuria’s industrial equipment. The two-piay protest provided an mexpected follow-up to the speech of Secretary of State Byrnes Thurs- lay foreshadowing a much tougher poroach in future dealings with Moscow. In protesting the attacks on Am- rican planes, the Navy used very strong language. It termed one inci- dent a “hostile act” and called the other “unjustifiable.” for two Strong Protest The Navy's protest coincided with State Department declaration that Russia had no right under any Al- lied agreement to strip industrial equipment. from the former Japa- lensed eyeglasses at the time. The i i ot & ing gat; info. fhe. xeoord of. thilihat: case. 800,000 idle because of labor disputes | Division in the primery and gen- man he knew as Campbell also then | told the witness that he was a| shingler. case a description of the alleged fight between Hartness and Meeks, Never Heard of Reward In answer to question by Paul, ENROUTE TO today as a survey disclosed a de- crease of nearly a milion since the | eral elections in 1944. The U. S. Attorney is requested at the Gastineau Hotel on January ; 8, which led to Hartness’ accusing | Meeks of assault. h Previously, the prosecution had | succeeded in barring introduction © Campbell came into Meeks' room just after the defendant had told Kalinowski of a fellow rooming down the hall who, Meeks said, had | Hartness replied he is not the com- ; plaining witness in the case now on trial, but is in another case. Through yesterday's crogs-exam- ination, Hartness displayed an ap- WASHINGTON near all-time high in late January. |to ask the court for an injunction, | The principal work stoppages in- after the action is filed, to prevent volved scme 200,000 workers at Gen- McCutcheon from serving as a| 1 eral Motors plants and about 175,000 member of the Senate. He has been | { CTIO Electrical Workers at General | certified as elected by the Territor- $2,300 in $100 bills and $50s. Camp- bell asked Meeks to loan him $5,; because he had only big bills. Camp- | 1l later told Meeks that $3 would 0. After that Sunday ineident in Meeks’ room, Kalinowski saw Camp- bell and Meeks go out together. purportedly to get breakfast. Get Out—Says Meeks Al large portion of Kalinowski's direct testimony this morning re- lated~ to a series of conversations with Meeks subsequent to the dis- covery of the murder of Campbell. In those interviews, the witness de- clared, Meeks repeatedly attempted to get Kalinowski to leave town— because Meeks didn't want him to testify. ‘Meeks first offered the wit- ness a first-class ticket in any di- rection, plus $25. Kalinowski told the FBI of his kmowledge, and, the witness said, one of conversations in which Meeks asked him to leave town was over- hearl by FBI agent Willlam Dide- lus. of the conditions on which Hart- ness is still on probation for con- viction of a felony in Court here— ! conditions which Paul maintained ! would instill interest with the wit- | jness to testify favorably to the IGuvemme‘nt. The jury was taken {out while counsel argued introduc- : tion of the suspended sentence terms. The defense counsel stressed . that he did not infer any sugges- tion of coercion on the part of the | U. S. Attorneys: that it is only the fact that Hartness' freedom is at] the discretion of the U. S. Marshal | and District Attorney that might | cause him to reach his own con- clusions as to where his own inter- est lies. Judge Kehoe sustained the prose- | cution objection on the reasoning that the witness’ being on proba- tion is a greater incentive to avoid | jany further criminally implication | by being scrupulously truthful. | "In other efforts to impeach Hart- ness’ highly incriminating testi- In a final interview at the Salo| Rooms, on December 30, a meeting | oDy against Meeks Thursday, that occurred after Meeks had giv- ’Paul exhaustively probed the min- en Kalinowski $35 to buy a steamer | Utest details of the doings and say- ticket, Kalinowski showed the de- fendant a subpoena, saying: “That’s my boat ticket.” Whereupon, the The Washinglofi Merry -ggi Round By DREW PEARSON WASHINGTON—If this country is to have a sound Army, one of the first essentials is to wipe out gross injustices between officers and enlisted nien. One of the worst of these is so- called terminal pay. Here is a little orjentation on this morale-wrecker. An ordinary G.I. gets $300 mus- tering-out pay if he has served overseas, $200 if he hasn’t. This opplies to all G.I's, regardless of their length of service in or out of combat. The officers have a more lucrative arrangement. ‘Take an Army captain who has been overseas two years. He is automatically entitled to two months of terminal leave before discharge.' This means he gets two months of base pay ($400) plus $20 longevity pay, plus $180 quarters al- Jowance (if married), plus $84 sub- sistence pay (if married), plus the regular $300 mustering-out pay. This totals $984, against $300 paid the overseas enlisted man. Further- more, the latter’s leave doesn’t ac- cumulate as does an officer’s. If he"is in combat for an extended period and can't take advantage of his 15 days’ furlough every six months; then he is out of luck. His leave doesn't accumulate. It’s lost and gone forever. Not so the officer. His leave ac- cumulates and he is paid in cash for it. A Navy lieutenant senior grade, equivalent in rank to an Army cap- tain, gets the same amount of ter- —_— " “(Eontimued on Page Four) ings of the fatal week end of De- cember 8 and 9, 1945. Didn’t Know Campbell Additional statements made by Hartness on cross-examination, be- yond what he already testified to in his examination-in-chief were: Hartness did not know Campbell and has never seen a picture’ of him. After leaving Meeks' room at the Keystone, Saturday, December 9, following the “rolling” conversation, | Hartness went to the Dew Drop Inn to eat. From there he went di- jrectly to his own room, No. 16, Salo Rooms, and remained there with Léna Brown through the re- mainder of that day and until| about 2:30 o'clock Sunday after-; noon; except for a trip for orange juice Saturday night, previously re- | lated. That Hartness first told the FBI | his “whole story,” as he related it lin Court, following the Gastineau Hotel cutting incident, a month af- ter the Campbell murder. When first questioned he told ‘only of Meeks displaying the money Sun- day evening. That after Hartness refused to take part in Meeks' plot to roll the | “big shot,” Meeks said he was go- ing to talk to another party he had in mind. That Meeks revealed an inten-: tion to leave town when he got| hold of the “big money” and plan- ned to go to Petersburg or Anchor- age. That Hartness did not “get a| good look at” the splatters he had | | testified were bloodstains on the | shirt of Meeks removed and de- stroyed after borrowing a clean shirt from Hartness. The witness was not able to state the size of | the spots he saw on the front of | the shirt. Meeks inferred he got the spots on the shirt in a fight. That Hartness had never seen his light blue shirt again after he loaned it to Meeks. Yesterday afternoon’s { ‘ i overflow Will AccomBany ruman fo ~Missouri for Address on March 5 MIAMI BEACH, Fla, parent hostile attitude toward de- fense questioning. { Asked if he had heard there was“ a reward offered for information | leading to the conviction of Camp-| bell's murderer, Hartness replied he | had heard “rumors” of a reward but does not believe there was one. He denied having talked to other prisoners in the Federal jail here! almost every day for the past month regarding the reward and that he expected to get it. Paul specifically mentioned the names of prisoners Charlie Chuck and James Franklin Willis in this con-| nection. H A line of questioning regardlng[ ab Mar. the Florida East Coast Railroad for vate car. oard the car after a farewell re- a $10 no good check that Meeks .oniio; given in the former Brit- had picked up for Hartness and ;o prime Minister's honor at the Hartness’ statement that Meekshad oy isive Surf Club. For 55 min- threatened to turn hlmjmw ‘h"'!u(es, the 7l-year-old British war FBI on the check finally led £0.1644er stood in line to welcome more Judge Kehoe's ruling that admitted ithan 300 guests. details of the incident in Room 205 | of the Gastineau Hotel, when Hart- {45151 Churchill, in ness suffered 27 superficial k"“eiduring the weekend. He cuts. {with President Truman to West- Testimony regarding the conver-|minster College in Missouri for an sation there and the fight Hart-is4qress on March 5, and afterwards ness alleges followed an attack O ireturn to Washington. him by Mecks, was much the same ywij] go to New York for a large \as Hartness told at Meeks' prelim- |gjyic reception, and will sail for inary hearing on the assault!gngland on March 21. charge. Hartness' testimony yester- | His Fulton speech is expected to day disclosed some confusion 85 tO0|gdeal broadly with world-wide af-! times and gave further details of \fajrs with emphasis on postwar | the conversation that took place, privations endured by the people e lof England. FBI Suspicion i ——. e Meeks told Hartness not to M‘BODIES of zw the FBI about the conversation to| “roll this man.” | | | Electric and Westinghouse plants. CIO United Auto leaders in De- troit said the 102-day walkout at jal Canvassing Board. If Gilmore refuses o act on the; request, any persons can bring suit | [ Winston Churchill, accompanied by Mrs. Churchill, their daughter, Mrs. Sarah Oliver, and their host, Col. Frank Clarke, left Miami today on go0th service man to return from | ‘Washington. They traveled by pri- The Churchills spent last night Churchill will see his son, Ran- ‘Washington | will go General Motors, despite recent hopes | of Scttlement, would last “until GM meets is public responsibility.” ithe action. ' BU“ ” ! NS |GOVERNOR BACK 07 AT HEAPED HIGH | STACKED DESK Malerial Ready for Form- ing Info Address to Be lon behalf of the Territory in the| name of the United States, and Gill and Peterson have stated they would | sign the complaint to commence | the Pacific wars since Sept. 2 came | home yesterday through the Gold- ien Gate, OSLO Norway — Five thousand | University of Oslo students parad- ed through the business section to- ! day shouting “down with Franco” and “condemn Franco.” Parliament members crowded to the windows of the old Storting building, cheer- | Made, leglslalure ing #od waviog. 1 Althought today is a week-end| “““““ {holiday for most Federal employees Later he LONDON — Reuters said today that Sutan Sjahrir, Premier of the unrecognized Indonesian National-; ist government in Java, has resign- ed. (Aneta, the Dutch News Agen- cy, said it had received the same reports from Soerakarta, in Central Java.) MOSCOW—Red Army troops were ' reported withdrawing from three! | districts of Eastern Iran today— ga's Chief Executive were stacks of | the deadline for their departure | under terms of a big three agree-' iment with the Iranian government memoranda, letters, reports. —but were remaining in other and officers, Gov. Ernest Gruening, 'who yesterday returned from a | three-months’ official trip to Wash- 'ington, and his office staff were be- ginning on a long day’s work this morning. Ahead of them lay the' job of reviewing much of the work '.Emt has passed through that office since the Governor left Juneau shortly before Christmas. i Piled high on the desk of Alas-| material for his address to the ex-| traordinary Legislature scsslan.l Main work of the day would be! Question: Did you talk about Meeks being under suspicion? An- swer: Yes. Question: yourself being under suspicion by the FBI? Answer: Meeks “they’re calling us both for a lot of questioning.” Hartness declared that Jjust be- fore the fight began, Meeks had accused Hartness of “talking too much to the FBI” about Meeks. Questioning then elicited a de- scription of the fight and cutting from Hartness—just shortly before Court adjourned until 10 o'clock Did you talk about said | AMERICAN POWS FOUND IN GRAVE SHANGHAI, Mar. 2—A U. S. I Army search team fas found the bodies of more than 200 American prisoners of war dumped in a lone- {ly unmarked grave on Formosa. The search detachment said the prisoners were reported to have died in Allied bombing attacks on { Japanese transports taking them {from Manila to Jaan. The bodies of aproximately 80 areas until the situation is “clear- getting his address in line and at-| jed up.” \vixing his signature to office corres- ey ' pondence. BUENOS AIRES — Still meager| During his absense the Govern- | returns from last Sunday's presi- |or was kept informed by wire and dential election gave Col. Juan D.|jetter of all important business Péron an indicated electoral vote of [handled by Acting Governor Lew 198 today—nine more than the williams and his office staff. number necessary for victory. In Washington, Gov. Gruening Ispoke out on many measures per- NUERNBERG—The Soviet Union (tinent to the development and aid Joined. the United States today in of Alaska. Among the mafor issues assuring the International Military 'he fostered was the proposal of a Tribunal that it opposes any al-l‘special committee of cabinet mem- tempt to put millions of Germans bers to work out a program foy ex- on trial for war crimes. , ;Len.slve development of the Terri-| tory. The Governor pointed out to| (the subpoena of Helen Jackson and i at the Gastineaw. of 462 Army and Navy airmen re- | ported missing in the Formosa area have been recovered. | this morning, with Hartness still on the witness stand. At the beginning of yesterday afternoon’s session, Judge Kehoe signed a defense motion calling for 'Suggests Moore As IPSFC Member R PETERSBURG MAN HERE WASHINGTON, Mar. 2.—Senator Dale Brouillard of Petersburg is|Mitchell (D-Wash) said in a state- ment today he had recommended o T the appointment of Milo Moore, | UNALAKLEETIAN HERE Director of the Washington State Guest at Hotel Juneau is Chris- | Pisheries, to be a member of the! tine C. Sorrill of Unalakleet. | International Pacific Salmon Fish- ORI 57 T {eries Comniission. FROH ANCHORAGE Moore would replace Charles E. Mr. and Mrs. J. C. Morris of An-}Jackson, Washington, D. C., who chorage are at the Baranof. retires from the Commission this | year. Susan Jackson as defense witness- es. ! ———————— Mr. and Mrs. A, L. James, also Henry R. Johnson, of Gustavus, are registered at the Gastineau. — SEATTLEITES HERE i 0. J Hanson and Howard J. |Hanson and Mr. and Mrs. John P. E. H. Snider of Skagway is at!ucfleynoldu of Seattle are Baranof |Robinson, both of Fairbanks, are left by plane for his home in Se- Hotel Barancf. | guests. jof a guard aviation unit during | behind recent disturbances in those MOSCOW—Vassily J. Stalin, 26- vear-old son of Generalissimo Sta- lin, has been promoted from colonel to Major General in the Red Air Force. Young Stalin was a member the war. { 1 SAN FRANCISCO—CIO checkers and supercargoes have voted over-| whelmingly to strike by April 1 with Pacific Coast longshoremen in support of demands for wage in-| creases. BATAVIA—A Dutch East Indian | Government Administrator says he! has proof that Japanese in Celebes, | Borneo and Ney Guinea have been | i lands. —— e FAIRBANKS VISITORS J. W. Provansha and Richard R. at Hotel Juneau. \to Alaska, highways and other fac- iing was officially active during his| official Washington that in order to| attract war veterans from the U. 8./ ilities must be built, and agricultur- al areas developed. Plans for the| special cabinet-committee are now in the hands of Secretary of the| Interior Krug, Secretary of Com-l merce Wallace, and Secretary of Agriculture. Anderson. Other measures on which Gruen- visits at the Capitol were those per- taining to more favorable shipping accommodations including low sta- balized rates for Alaska, and in- creased appropriations for post-war growth in the Territory. — ROY STANLEY LEAVES Roy Stanley, superintendent for the Austin Company on the Juneau Cold Storage Company construc- tion job just completed here, has the same as at the regular session, and is as follows: First Division—Senate Norman R. Walker, Ketchikan, * Andy Gundersen, Ketchikan. Joe Green, Haines. Allen Shattuck, Juneau. Second Division—Senate O. D. Cochran, Nome, Talbot Scott, Nome. Frank Whaley, Nome. Howard Lyng, Nome. Third Division—Senate Steve McCutcheon, Anchorage. Edward F. Coffey, Anchorage. Grenold Collins, Anchorage. Don Carlos Brownell, Seward, Fourth Division—Senate Frank Gordon, Fairbanks. Leo W. Rogge, Fairbanks. John Butrovich, Jr., Fairbanks. Andrew Nerland, Fairbanks. First Division—House Curtis Shattuck, Juneau. Fred Hanford, Wrangell, Frank Peratrovich, Klawock. Chris Hennings, Juneau. Andrew Hope, Sitka. J. F. (Joe) Krause, Ketchikan. A. B, Cain, Juneau. Steve Vukovich, Juneau. Second Division—House Wallace Porter, Haycock. M. J. Walsh, Nome. Bess Cross, Deering. Edward Anderson, Nome. Third Division—House R. R. (Bud) Warren, Anchorage. Stanley J. McCutcheon, Anchor- age, Warren A. Taylor, Kodiak. C. A. Pollard, Kasilof. Walter E. Huntley, Anchorage. Oscar 8. Gill, Anchorage. Almer J. Peterson, Anchorage. Fourth Division—House Jesse D. Lander, Fairbanks, Alaska S. Linck, Fairbanks. Harry M. Badger, Fairbanks. Robert Hoopes, Fairbanks. Maurice T. Johnson, Fairbanks. Caucauses are scheduled for this afternoon, evening and tomorrow. Mzny bills are already prepared for introduction into the legislative hopper. B {COASTAL AIRLINES ON FRIDAY TRIPS Alaska Coastal Airlines flew the following today: to Ketchikan— R. L. Jernberg and Harry Will- iams; to Petersburg—Willis Jack- son; To Sieka—Wallace Westfall and W. J. Watson. D AUSTIN CO. MEN LEAVE W. L. Stevenson, bookkeeper for the Austin Company which’ has completed construction work on the Juneau Cold Storage, accompanied by his wife, sailed for Seattle on the steamer North Sea. Also returning -to their home in Seattle were Andrew C. Moen, con- struction man with Austin Com- pany, and Mrs. Moen. e J. C. THOMAS SOUTH Mr. and Mrs. J. C. Thomas left on the steamer North Sea, on a combined business and pleasure trip to Pacific Coast states. They expect to be away about a month. - eee ANCHORAGE COUPLE Mr. and Mrs. G. L. James and attle. Nancy and Seay James of Anchor- age are at Hotel Baranof. nese puppet State of Manchuria, The attacks on American planes both were reported to have taken place in the port Arthur-Dairen area, and the Navy pointed out that under the Russo-Chinese treaty of last August Dairen is supposed to be a free port, open to all natlons, but administered by China. ' Navy Reports According to the Navy, the first Soviet attwek ‘on a UXS. plane in this area took plact last October, and the second last month, When the first incident was pro~ tested, the Navy said, Russian authorities replied the Soviets were responsible for defense of the Port Arthur area under the treaty with China and that American planes must not approach within 12 miles of the coast without previous per- mission. Reply Rejected The Navy rejected this rjf y pointing out that the American plane was 26 miles at sea when | fired on by Soviet aircraft, and that Russia had never notified the Unit- ed States it intended to apply a 12- mile limit in Soviet-occupied terri- tory. Moscow never answered this Drotest. It was this incident the Navy characterized as a “hostile act.” The American plane involved was a Ma- | riner patrol plane on a routine flight to check on shipping in those waters. OVERTHROW FRANCO IS PLEA. MADE WASHINGTON, March 2.—Brit- ain, France and the United States pressed today for final agreement on a joint declaration encouraging Spanjards to overthrow Generaliss- imo Franco. But the question was: Which Spaniards? Diplomatic representatives of the three powers were intent on get- ting the proposed pronouncement ready for public release this week- lend, but Prance and the United States were reported split on the issue of what elements to address in the manifesto. { French Embassy Counselior, Ar- mand Berard, conferred for 80 min- |utes late yesterday afternoon with (Paul Culbertson, State Department Chief of Western European Affairs, but no final agreement was reach- ed. Earlier, the State Department confirmed that Britain and France had “approved in principle” the |U. 8. proposed declaration reliably |reported as spurring Spaniards to set up a broadly representative in- |terim government in Madrid pledg- ed to: 1-—Calling national elections. | 2—Declaring political amnesty. | 3—Providing freedom of religion, |assembly and press. In return, the new government would receive full economic and diplomatic recognition by the three powers. i