Served By Leased Wires of the UNITED PRESS and the ASSOCIATED PRESS With Complete Coverage of State and National News ~ ESTABLISHED 1867 {^Appointed o. MAX GARDNER PRESIDENT NAMES NORTH CAROLINIAN 0. Max Gardner Chosen As United States Ambassa dor To London WASHINGTON, Dec. 3.—VP)—O. Max Gardner, who made his first trip to England on a cattle boat "as chambermaid to 394 Montana steers," is going back again—this time as United States ambassador. President Truman Tuesday ap pointed the former Governor of North Carolina to the vacant Lon don post. He said a successor had not yet been named for the office Gardner is leaving as undersecre tary of the Treasury. Gardner told reporters he would cot leave until he was confirmed by the Senate “uniess there is some reason I know nothing about now.” "You don’t represent the full power of the office until you’ve been confirmed,” he explained. His initial visit to England was in 1945. he recalled. He was cap tain of the University of North Carolina football team and the team worked its way across on the tat tle boat. The London Post has been vacant since W. Averell Harriman left it to become secretary of Commerce. Born At Shelby In politics for almost 40 years, the 64-year-old Gardner was born st Shelby, N. C., the youngest oi a family of 12 children. His country doctor father, Oliver Harry Gara See PRESIDENT On Page 2; Col. 7 MIT MAY QUIT HOUSING OFFICE Expediter Reported Ready To Step Down Within Next 48 Hours WASHINGTON, Dec. 3—(IF)—An official in close touch with the White House said Tuesday that Housing Expediter Wilson Wyatt Wends to resign within the next « hours as a result of failure to powers he had demanded from President Truman. Wyatt visited the President Tues jr.y afternoon for the second time ™is week seeking an answer to ls proposals. After the conference n0 official statement was forth. [°®ing from the White House and jatt declined to say whether or n°t he intended to resign. uie official who reported the re of the conference said there tons'10 c^ance further negotia This official, who asked that he See WYATT On Page 2: Col. 7 UNBONE'S meditations By Alley jet's AU.UZ A COOL CRISIS'in DE. HAM'S UV SOMEBODY''_ IT'S RAEULY ON Jf man's UV IS Dt man ^ot Yo have A FlArt Ul *—■ ■ • » • a *2+ (Released by The Bell 8yn* 'X'T-HdZ. *!«•*•. Inc.) Trada Mark ,€* V. 8. Pat Office) i OPINION Legal Ruling Hits Th ree State Roads Attorney General McMullan Says NCUC Has Authority To Carry Out Order Against ACL, SAL, Southern RALEIGH, Dec. 3 — {&) — State Attorney General Harry McCullan Tuesday ruled in an opinion that the North Caro lina Utilities commission has the authority to carry out its order for overcharge fares against three railroads doing business in the state. The opinion says the commis sion has the right to order the railroads — Atlantic Coast Line, Southern Railway and Seaboard Air Line — to refund overcharges made by the car riers on interstate/ passenger fares from Dec. 1, 1944 to July 25, 1945. During this period, McCul lan’s opinion said, the rail roads collected 2.2 cents per mile on interstate passenger fares as authorized in an order of the Inter-State Commerce commission. The North Carolina Utilities commission, contesting the ICC order, was reversed before a three-judge Federal District court, but an appeal of the Util ities commission was upheld by the U. S. Supreme court. McCullan said the Supreme court held the ICC order to be illegal, and decided that the Utilities commission order of 1.65 per mile on interstate pas senger fares was authorized and valid. A sum of $551,196, McCullan said, was collected in over charges by the railroads. Per See LEGAL On Page 2; Col. 6 WEATHERMAN HOLDS OUT PROMISES FOR MILDER TEMPERATURE By The Associated Press The weatherman promised fair skies and higher temperatures to day on the heels of yesterday’s tumbling mercury, which hit sea son lows generally throughout North Carolina. The U. S. Weather bureau in Charlotte, predicted minimum temperatures would range getween 20 and 25 degrees over most of the state today, with a 28-30 low in the coastal areas. It was expected to warm up considerably during the day. In chalking up the coldest snap so far in the fall season, the mer cury yesterday dropped to 15 at Greensboro, where a high of 35 for the day was recorded. Temperatures ranges elsewhere included: Raleigh 16-38; Winston Salem 18-32; Charlotte 21-37 and Asheville 22-36. DEPUTIES LOCATE EXPLOSIVE CACHE Three Youths Cited Follow ing Recovery Of Dyna mite Caps Here Two New Hanover county sheriff’s deputies yesterday re covered 2,138 dynamite caps buried in a wooded area close to Carr Avenue, and reported that three 14-year.old boys had buried the deadly cache after stealing it late last week from a Gregg 'Brothers explosive dump located in a se cluded spot outside the city. It was Donald Conaway, 14-year old Maffitt Village youth, who final ly informed deputies of the,location of the hoard which included 2000 plain and 138 electric dynamite caps, Sheriff C. David Jones said yesterday afternoon. Young Conaway, along with Bob by King, of Audubon, and Walter Lane, of Winter Park, his alleged associates in the theft, will be turned over to Juvenile Court au thorities, Jones declared. Deputies S. W. Sneeden and G. R. Koonce uncovered the dynamite store shortly after two o’clock yes terday morning. The Conaway boy returned to his home at 217 Davies Drive at mid night Monday after a 36-hour bi cycle jaunt to Myrtle Beach, S. C., that had made him the object of a sheriff’s office search. In announcing -solution of the case, Sheriff Jones paid especial tribute to C. T. Conaway, young Donald’s father, who is reported to have brought the boy to the sheriff’s office to reveal the cache’s location, “The stolen caps were all ex tremely dangerous,” the sheriff said, “and we are very lucky that See CACHE On Page 2; Col 2 AIRPORT GROUP SCHEDULES MEET Further Development Of Facilities To Be Discuss-* ed By Authority The Wilmington-New Hanover airport authority will meet late this month with the county board of commissioners to present in full detail its plans for the future development of Bluethenthal Field here, Hamilton E. Hicks, authority secretary, said yesterday. The five-member airport board will gather Dec. 16 to discuss a de tailed program for the field’s ex pansion and to set the date for its meeting with the county commis sioners, Hicks said. The authority’s meeting with the commissioners will ring some set tlement to widespread reports of dissension between the two bodies over the airports future. Kumors of dissension reacned their high point yesterday after H. R. Gardner, a member of both the commission and the authority, of fered a few informal objections to proposals that the county spend some $40,000 to build an adminis tration building and other facili ties at Bluethenthal Field. Gardner made his comments at a meeting of the authority in the county courthouse yesterday. Addi son Hewlett, Sr., chairman of the county board, who is an ex-office member of the authority gave no indication whether he agreed or disagreed with Gardner’s observa tions. As secretary of the authority, Hicks presented plans for a $40, 000 expenditure to improve the field, which he declared would put Wilmington in a better position for commercial aviation than any other city on the eastern seaboard. City Industrial Agent John H. Farrell and H. E. Boyd, of the Wilmington Port Traffic associa tion, who both attended the meet ing, expressed agreement with Hicks’ plans for expansion. Much of Hicks’ case for the new See AIRPORT On Page 2; Col. 3 Windsor Host Fined LONDON, Dec. 3.—flP)—1The Ear] of Dudley, host to the Duke and Duchess of Windsor on their re cent visit to England, was fined $20 Tuesday for throwing a brick through the windshield of 'a car owned by Baron Graves. The wealthy, 52-year-old Earl al so was ordered to pay $9.80 to the 69-year-old Irish peer for the ■windshield and to pay $42 costs. Lord Dudley, immaculately dressed iri a black coat and strip ed trousers, said he" broke the windshield because the car was parked in front of his Mayfair driveway and there was no other way he could release the brake an mov th car. Today And Tomorrow By WALTER LIPPMANN Nothing is to be gained by an endurance contest as to who can stand the coal strike the longer. This is no way to assert the authority of the government, and it will be much better to ad mit frank# and promptly that the laws as they now stand, and the government as now administered, are insufficient to deal with a labor leader like Mr. John L. Lewis and a strategic monopoly like the United Mine Workers, The next Congress will then know what it has to deal with and in the mean time a settlement, though it means a defeat for the government will avert incalculable suffering' and economic ruin. • • • The government has refused. for reasons that are not clear, to use all of its powers in an effort to enforce the law. It has failed by the action it has taken to obtain from Mr. Lewis either the observ ance of the contract, or even a recognition that the meaning of the contract should be impartially adjudicated. The law has been de fied successfully. That being the situation, the authority of the gov ernment is not being preserved by subjecting the people and the miners to a gruelling contest which is causing irreparable damage to this country and to the world. That will merely prolong the demonstration that the govern ment is unable to assert its au See LIPPMANN On Page 2; Col. 1 Foreign Mht7 / Note Say* Nation Offended At Connally Remark* REGIME DEFENDED Generalissimo’s Cabinet Member Offers Seven Point Explanation MADRID. Dec. 3.—(£*)— The Spanish Foreign minis try, in a note handed to U.S. Charge D’Affaires Philip W. Bonsai, declared Tuesday that the Spanish nation was of fended by an American re quest to the United Nations asking for a change in the Spanish government. The note denied that Gen eralissimo Francisco Franco’s regime was -Fascist, that it had been imposed by force otf the Spanish people or that it owed its existence to the Axis. A resolution introduced Monday at Lake Success, N. Y„ by Sen. Tom Connelly (D-Tex.) prompted the Foreign ministry’s note. Con nally, U. S. representative on the 54-Nation United Nations political committee, proposed that the Span ish people see that Franco sur render his powers, that an interim regime succeed the Generalissimo and that free elections be held in Spain as soon as possible. Connally’s proposal for a provi sional Spanish government was heard here on foreign radios and was the subject of wide comment in cafes. Seven Counts In its note the foreign ministry rejected Connally’s proposal on these seven counts: Spain is not Fascist because it has a "regime which respects the See SPAIN On Page 2; Col. 6 COUNCIL TO OPEN BIDS AT SESSION Mayor Indicates Postpone ment Of Appointments To Zoning Board The Wilmington city council will hold its regular meeting at 10 o’clock this morning with the open ing of bids on four trucks and one passenger car for city use the only scheduled item on their agenda. Mayor W. Ronald Lane said last night that he does not expect the final appointment of a board ot adjustment to handle appeals under the city zoning ordinance at today’s fneeting. The Mayor said, how ever, that he hopes to announce the personnel of the board when the council meets two weeks from today. There was no official word last night on reports that the council may be asked to pass formal opin ion on the week-end order by Wil son E. Wyatt, U. S. housing expedi tor, allowing a group of local ex servicemen top priority on the purchase of the Lake Forest hous ing development. -~ City Manager J. R. Benson, who has been ill with a cold since Saturday, will attend the meeting. Along The Cape Fear MAKE WAY — The proposal yes terday at the regular luncheon ses sion of the Wilmington Rotary club that the Port City embark upon its first football bowl game ven ture meets instant approval here. To such an extent does the sug gestion that the New Hanover Wild cats meet a worthy foe here on the gridiron January 1 with the pro ceeds going to the TB association that we will forgo putting in a plug for our pet project the revival of the Feast of the Pirates, for today at least. The Azalea Bowl was the name already picked out for Wilmington's football classic. In addition to promoting one of the city’s chief tourist attractions, the Azalea Bowl was in all prob ability a happy choice. You should not overlook the fact that practically every bowl con ceivable has already been claimed by some other community. Most of us are familiar with such post-season games as the Sugar Bowl, the Rose Bowl, the Orange Bowl, the Sun Bowl, the Oil Bowl, and the Cotton Bowl. More recent additions to the ever-mount ing list of bowls include the Gator Bowl, the Cigar Bowl, the Vulcan Bowl, the Lilly Bowl, the Alamo Bowl. *he Will Rogers Bowl, and the Russian Bowl. • * • BIG JOB — So many of us just take 'the Cape Fear River for granted that we never consider the tremendous amount of both money and work that is required to keep our port in tip-top shape. Back in December 1938, the Chief of the Army Engineers recom mended to Congress that the width of the channel from the ocean to Wilmington be increased from 300 to 400 feet. He also suggested that the width of the turning basin here be increased from 600 to 800 feet. Then in May two years later the chief recommended to Congress a modification of the existing project to provide for an increase in the length of the southernly approach to the anchorage basin from 1500 to 4500 fee.t and for a depth of 32 feet in the channel between the outer end of the ocean Dar chan nel and the Port City, and in the turning basin. The work of widening and deepening the channel and turn ing basin has been approved and funds in the amount of $1,000,000 are now available. See CAPE FEAR On Page 2; Col 1 FREIGHT, PASSENGER TRAIN, PARCEL POST EMBARGOES ON; LEWIS SENTENCE DUE TODAY -- I -O Union Leader Found Guilty Of Contempt UMW Boss Unleashes Bitteiv Diatrab Against Goldsborough Findings MAY FIGHT RULINGS Observers Believe Heavy Fines Await Head Of 400,000 Miners WASHINGTON, Dec. 3.— (/P)—John L. Lewis Tuesday was found guilty of criminal contempt of court—with a possible heavy sentence—but the coal strike went on and the government took drastic emergency action to save fuel. Lewis responded to the guilty verdict by rising in the federal courtroom and mak ing a bitterly defiant speech. He accused the judge of de priving the coal miners of their constitutional rights. He said he would “firmly stand” on his posi tion. After this dramatic scene the judge, T. Alan Goldsborough* sat pondering for four minutes then put off sentencing Lewis unti\ Wednesday morning. The language of his conclusions, that Lewis and his union “wilfully, wrongfully, and deliberately” dis sobeyed a court order, suggested See UNION On Page 2; Col. 3 — DAYTONA ELECTION RESULT MAY OUST NICHOLS FROM JOB Special to The Star DAYTONA BEATH, Dec. 3 — The wheels of political fortune in a city election today, were inter preted here as having the effect of impending ouster for city Mana ger A. C. Nichols who came here from Wilmington, N. C., June 1. An anti-adjninistration state of candidates Went in to office by a better than two-to-one majority today, with one almost certain re sult — dismissal of Nichols on Jan. 7 the date of the organization meet ing of the new commission, unless Nichols should find a new job and resign before that time. He was brought to Daytona Beach at $10,000 a year when the city administration determined it wanted more competent manager ship than it had been getting. Nichols approached his new job with business-like efficiency and handled a transaction of two large military establishments here from federal to local control. One was a Naval air station and the other .a large army convalescent hospital. A broad program of street im provements also has been accom plished under Nichols regime. Safety Program Director Shown above is Capt. John Davis, retired city traffic officer, who has been chosen by the Klwanis club to direct the Junior Traffic Safety Program which that organization is sponsoring Saturday morn ing in Legion stadium. Since his retirement approximately a year ago, Captain Davis has devoted considerable time to promoting greater safety for school children. (STAFF PHOTO) The Weather FOKESAST South and North Carolina: Fair to partly cloudy and warmer Wednesday. Thursday, fair and mild. (Eastern Standard Time) (By U. S. Weather Bureau) Meteorological data for the 24 hours ending 7:30 p.m. yesterday. Temperatures 1:30 a.m. SO; 7:30 a m. 26; 1:30 p.m. 43; 7:30 p.m. 43. Maximum 45; Minimum 29; Mean 35; Normal 51. Humidity 1:30 a m. 44; 7:30 a.m. 40; 1:30 p.m. 52; 7:30 p.m. 63. Precipitation Total for 24 hours ending 7:30 p.m.— 0.00 inches. Total since the first of the month — 0.00 inches. I Tides For Today (From the Tide Tables published by U. S. Coast and Geoaetio Survey). High Low Wilmington - 5:42 a.m. 12:29 a.m. 6:11 p.m. 1:01 p.m. Masonboro Inlet . 3:27 a.m. 9:51 a.m. 3:50 p.m. 10:15 p.m. Sunrise 7:02; Sunset 5:03; Moonrise 2:25 p.m.; Moonset 2:08 a.m. River stage at Fayetteville, N. C. at 8 a.m. Tuesday, (missing) feet. TENANTS’GROUP TO FILE PROTEST Representatives Leave For Capital Today To Fight Directive Brookes A. Broome, president of the Lake Forest Tenants associa tion, will leave for Washington this afternobn to lay before the highest federal quarters possible the pro test of a majority of residents oi that development against Housing Expeditor Wilson W. Wyatt’s week end directive assigning priority for purchase of Lake Forest’s 584 masonry units to a cooperative of local World War H veterans. Broome said last night that he will be accompanied by two other residents of the project who have not yet been selected. H. R. Emory, executive director of the Wilmington Housing authori See PROTEST On Page Two, Col. 5 SAFETY PROGRAM PLANS CHANGED Police Chief Casteen Re veals Itnerary Altered For Saturday Event A change in arrangements for the Kiwanis club Junior Traffic Safety program on Saturday morn ing was announced last night by Police Chief C. H. Casteen. Instead of the youthful cyclists assembling in their own school yards, as was previously planned, children in outlying districts will meet at either Chestnut Heights, Tileston, or Sunset Park schools at 9 a.m., where they will receive police escorts to Hemenway school, the central assembly spot. Youngsters who attend more cen trally located schools have been requested to go directly to Hemen way, where the bicycle caravan will be formed at 10 a.m. At the conclusion of the pro gram, which will get underway in Legion stadium at 10:30 a.m., the autumnal beauties of Green field Lake and Park will be photo See SAFETY On Page 2; Col. 6 Denny Gets Post WASHINGTON, Dec. 3.— (JP) — Charles Denny Wednesday will be named chairman of the Federal Communications commission. Presidential Press' Secretary Charles G. Ross told reporters of President Truman’s decision to ap point Denny after Tuesday news conference at which the president, misunderstanding a question, indi cated he was still looking for a man for the post. Denny, who is from Baltimore, Md., has been acting FCC chair man since the appointment of Paul A. Porter last February as OPA administrator. The FCC chairmanship had been left open for Porter, but he decid ed in quitting OPA last week not to continue in government service. SEA RESCUE Flashlight Beams Guide Coast Guard Mercy Race BOSTON, Dec. 3. —(U.R)— Traced through the beams of their flash lights, a man and woman were brought safely to port Tuesday af ter struggling in wind-swept seas that apparently claimed the lives of two other crewmen of an ill fated coal barge. Saved were Mrs. Lillian Wash burn, 44, of Palmer, N. Y., wife of the barge captain, and Walter S. Hodgdon, 56, of New York. The couple were hospitalized but their condition was not serious. As an ice-coated Coast Guard cutter landed the survivors, two other vessels continued searching Cape Cod Bay for Mrs. Wash burn’s husband, Oscar, 48, and a fourth member of the crew, Frank Jensen of New York. However, little hope was held for their res cue. Lt. Comdr. George V. Stephan off, who supervised the rescue of Hodgdon and Mrs. Washburn, said the Coast Guard cutter first was attracted by the flashlights attach ed to their lifebelts. “We saw these tiny points of light on the water,” he said, “and shot life lines toward them as they See BEAMS On Page 3; Col 3 V Railways Hit By New Order To Save Coal Half Of Nations Coal Burn ing Engines To Be Idle Sunday Midnight FOOD, FUEL TO MOVE Post Office Department Di rective Exempts Goods For Service Men „ WASHINGTON^ Dec. 3.— (/P) — The government, dig ging in against the strangl ing soft coal strike Tuesday night placed embargoes on all but essential freight and cut railroad passenger mileage by coal-burning locomotives by another 25 per cent—down to half the pre-strike level. The Office of Defense Transportation previously had cut coal-power passenger mile age by 25 per cent to conserve the railroads’ stocks of soft coal. Tuesday these additional orders were issued in transportation: 1 ODT directed the further 25 per cent passenger service re duction, effective at 11:59 p. m. Sunday. z. The Interstate Commerce com mission put a general embargo on freight shipments, with exceptions for vital needs, effective at 12:01 A. M. Friday, Dec. 6. 8. The Post Office department applied drastic new rules on parcel post effective at 12:01 A. M. Fri day. The size and weight of pack agen was limited and a complete ban clamped on overseas parcel See KAIL WAYS On Page 2; Col, 5 RESORT OFFICIAL TO RESIGN POST Wrightsville Beach Police Chief To Enter Business Next January M. S. Faircloth, chief of police of Wrightsville Beach for the past three years, will resign from that post effective January 1, 1947, he announced last night. Prior to accepting the position in 1944, he was superintendent of public works at Carolina Beach. Faircloth said that his present plans include the purchase of a dry cleaning plant at Carolina Beach, which he and his brother, Chevis, will operate. The Faircloth brothers original ly were residents of Sampson coun ty. _ ^ And So To Bed Lost one Birthday. At least that’s the sad plight of En sign Ray Galloway, son of Mr. and Mrs. Ray Galloway, of Orleander Court apartments. It all happened while Ensign Galloway was on duty In the Pacific with the Navy. Last November 26 would have been the officers 20th birth day. However in going west across the Pacific you lose a day in crossing the Internation al Date line. You guessed It. Young Gal loway crossed on November g and once across the dividing line it was November 27.