Wilkes-Barre Sunday Independent

              A Paper For The Home
SUNDAY INDEPENDENT
Warm, Sforms
Highest Today 55 to W Monday: Cooler, Showers
50TH YEAR — NO. 27 — 84 PAGES
llMlltMt Aodli
'ciTJu, WILKES-BARRE, PA., SUNDAY, APRIL 29, 1956
tmiTKD PREM
WIr. Vtw 9»rtif
PRICE 15 CENTS
Five-Power Arms Talks Seen Ending in Failure
HEW IOOK F0« CITY P0UCe-K,"SS',"i,21i
Taylor at a "sneak preview" held yesterday afternoon in the Mayor's office smile their approval at the new uniform designed for city police. The model is Patrolman Harry Hayes, who has the 3 to 11 P. M. beat in the West Market ,St. financial district. The uniform "is completely new" in that all members of the uniformed force will receive the first coniplete change of shields and cap badges in 40 years. The cap shield is similar to the present type, but the blou.se shield is of new design, very similar to that adopted by New York police. An added feature is a left shoulder patch lettered: "Wilkes-Barre Police." The entire force will change to the new uniform on the same day "in plenty of time to welcome the vanquard of Summer tourists," the Mayor said. In thc background is a four by five feet aerial view of Wilkes-Barre's central city, which the Mayor recently obtained for his office. The panoramic view has proved to be helpful to the chief executive and other city officials in .studying traffic, structural and beautification proposals.—(Photo by Bieley).
All Legislators Expected Back To Finish Job
House Leader
Aims at May 12
Adjournment Date
'/ll A R R I S B i: R G (IP) —House Majority Leader, Albert S. Readinger saidj ye.sterday he believed lamej duck legislator! rejected at the polls would rejoin their col¬ leagues In Harrisburg on Tues- finish   the   job   they
Foil Plot To Slay Two Red Chiefs
Letters Threatening Lives of Bulganin And Khrushchev Are Seized by Agents
LONDON (IP) — Scot¬ land Yard yesterday was reported to have uncov¬ ered and foiled a plot hatched by four Eastem Euro¬ pean anti-Communists to assas¬ sinate Russia's two leaden on their just-concluded tour of Britain.
Two London newspapers re¬ ported that the Yard, which was responsible for security precau-; tions during the Russians lO-j day visit, learned of a plot byj four men concocted on the con-| tinent and in Britain to kill thei two Soviet chiefs.
The Daily Express carried a I copyrighted itory on the alleged assassination plans. The Daily Sketch said the plot involved two gangs. Not Discussed by Yard
"It is common knowledge that both the Soviet security officers and the special security branch at Scotland Yard took active precautions against any possible    action    by     persons
Report Awaited
Storm Sweeps Vaiiey; Movie Screen Topples
,   Many sections of Wyoming Valley were plunged X "^ouS" aS* ."S into darkness for several hours by last nights heavyjagents  had  intercepted  letters
WhiteHouse Foreign Aid Review Set
Democratic Leader Plans Conference With Eisenhower To Discuss Issue
DAG  HAMMARSKJOLD
U. N. Action In Middle East Is Successful
WASHINGTON (IP) —A White. House meeting in the near future between President Eisenhower and Sen. Walter F. George (D-Ga.) 'may lead to a sweeping review of the entire U.S. foreign aid program.
George, chairman of the Sen¬ ate   Foreign   Relations  Commit-
important Talks
Of NATO Members
Open This Week
WASHINGTON (IP) {^nowr to*^^""hos"til. ro""tk"-The Big.Three Western Soviet regime.
"There is no justification for the report of the plot."
Although   Scotland  Yard  re-
Conference Expected To Break Up Without Reaching Agreement
LONDON (IP)—The Five-Power disarmament con¬ ference here appeared to have all but fizzled out yes¬ terday. Sources said it probably would break up soon
 «>without agreement.
¦^    l«       ¦/•ll J Despite a series of pro-
Police Kill 4 And Capture 40 Algerian Rebels
Smash Two Rings Preying on Towns; Rebels Seek Help
ALGIERS,   Algeria  (IP)
po.sais by the United States, Russia, Britain and France, sources said there was not enough progress to warrant continuation of the talks which now are in recess until Wednes¬ day.
Canada is the fifth member of the conference, and the dele¬ gates are expected to report back to the United Nationa in New York for further instruc- tfons.
Will Meet Tomorrow Yesterday, American delegate tee and chief Democratic con- —Police killed four rebels "*''°'*^, ^- . Stassen conferred gressional spokesman on foreign'„„j „ „.._ a An ^ 4. Privately with Soviet delegate policy, said he will meet with^"" captured 40 more toJAndrei Gromyko for one hout the President soon to discuss smash two rings which *"** ^^ minutes in the third ol h'it no^Cn 1^"   P'""'*  '"'^^jpreyed  on  civilian,  in the Al '*"=*' two-power sessions, Sta.-
gerian war, authorities said yes terday.
has not peen set
The conference was agreed upon aft»r the President indi¬ cated   that   he  would   favor  a
a7d'"toTicirv'.''higSli:.-'' --^T <=•"" " c-»^"-
"non-partisan" commission. i^'ne spurred a drive to root out "It may be that a study can!the nationalist extremists who be worked out to the satisfac-have been striking in the streets tion of both the Congress and;.„rt -_»_, ^uii. th-^r /./m^mh.. the Executive branch," George'", , " ^ "''''^ comrades told the United Press yesterdav.! ""ack '« the countryside.
Sources in Paris said French to    crush    the
sen will meet with the delegates of the  other three  powers to¬ morrow to fill them in on the , I side talks.
dav   "to iturted.
Readinger said  he aimed  to "shoot the  works"  for a final adjournment  May   12, Question of Money
Rebel attacks on civilians inj
After the London talks end. it is considered likely that the Soviets will try to reap a propa¬ ganda harvest by trimming their 4,000.000 man armed force to approximate the 2,900,000-man yesterday ""a*^"* '" we countrysiae. ^°^^^ "' the United SUtes.
Made Original Proposal i    Sources in Paris said French     ^^ t*^* ''T'lu". Tlt^'o^'**'
1. "^   jgp  proposed that both Russia
The  veteran  Georgia  senatori^fforts    to    crush    the    entire;,n(Uf,e United States trim mill- originally   proposed   the   "non-1 Army   of  God     rebellion   willtary    manpower    to    2,.'500,0<W powers believe the dangeriSf|" f,,^,*Vld^ j" " j"*^^^^ establishment of a no-1 apiece. There were no takers,
^f   ,-.v,»v,;««„4.   „,r.^   ir.   ?.„*"""'".<='r.'-^'ated  among mem-man s land along A gena's bor-     Russia  al<n  halked  nvaln  at ^.AJ^^^^^^^ ^^^   '" }^fj^^^  "'  **»*  ^°'"«'8«   Relationsiders with Tunisia and Morocco  - "'so.balked  again  at
Middle East has been staved off Committee.   It   met  with   their to prevent the rebels from aet- by United Nations action diplo-t general   approval   although   no ting reinforcements mats reported yesterday. formal action has been taken,     o-h-i. 4.ir #„, h«i«'
Their  guarded optimism  was!    Secretary of State John Foster     ,' .'^
- ^„         ^     disclo.sed as diplomats prepared Dulles and Mr. Eisenhower later'    '" Cairo, spokesmen for rebel,
rain,  wind and  electrical  .storm. jboth   from   abroad   and   from for important talks on the Mid-voiced approval of such a study |]I"'^.*'"<="t* •" ''°th Algeria andjment   by   giving   It   the   silent
Wilkes-Barre   Drive-In   Theatre   was   put   out   of within England threatening Bul- die East in Paris this week byjalthough  they  made  no  directlj""'''* f*"**^ /<"" help from the treatment.
'—-'- --- " -^ - the    15-nation    North    Atlantic!reference to George's proposal. '^°'''^'" ^^"^ League. The nine-|
Treaty Organization. There also'    There     was     some     private""*'""   league  was  reported  toj will  be  side  talks  by  the  Bigjrumbling   among   Capitol   Hill'""^'*'  agreed  to  send  notes  to Three foreign ministers in Paris. 1 Democrats that the administra-i?^*^^   member  government   urg These  conferences  will   coin-ltion was trying to "grab" credit''"? them to intervene in North cide with a secret report to be for  George's  idea.  But  George!^*'^'^' """^  '^^k Franco-Algeri- flled   with   the   United   Nationsjsaid he thought Mr. Eisenhowerj""  negotiations. Security Council by U.N. Secre-iand Dulles "brought forth their     The   nationalists   also   urged tary General Dag Hammarskjold idea in perfectly good faith."     the league to raise the Algerian on   the   results   of   his   Middlej    Dulles   faces   probable   ques- question before the United Na- East peace mission. Of key in-|tloning   about   the   study   pro-itions Security Council and call terest will be whether Hammar-jposals when he testifies before for a boycott of France, skjold   discovered   any   middlei the Foreign Relations group to-l    Officials said the police crack- ground    between     Israeli    and morrow on the administration'sidown on street violence resulted Arab views on peace. jforeign   aid   request,   He   will in thegseizure and arrest of 40|
Will Demand Big Road Fund
All-Out Fight Looms in Senate
W^ASHINGTON (IP)
o.ij,n<.|ganin and Khrushchev.
Mo-hf I    "^^^   ^^''y   Sketch   said w    i.   i>j     i-. .^,    underground gangs were party We.^t  Side  Drive-In to   the   plot,   one   centered   in
its by
two
4,busines.s when jscreen was hit ning.
Theatre also was inconvenienced Britain and the other on the by a .10-minute power failurejcontinent. It said the foreign of- attributed to either wind or the,fice, Scotland Yard and naval ''^avy rain. j intelligence had been alerted.
Lights   were  out  In   Wilkes-^ Says Four Men Involved Barre   Township   and    Preston I    "Checks   on   white   Russians section   of   Hanover   Townshipjv^ho used to serve In Russia's for two hours or more. Wilkes-i^gyy   ^gre   made,   as   it   was h™„,!   .?° c"    reported    wires possible that the plotters would
lv« ,ta l'T.'",S;o,i,*^''c.^'""*?fitry to mine part of the Thames Ave.. 2,^8 East Market St. andio,=;,„  „,h„„'^n   .„h   v  ^.,-fo^
in   front   of  the   Court   House,
! River  when   B   and   K  visited
M,,rfK   oi„«,   c»     A    „,J^»7i Greenwich by boat," It said. North   River   St.    A   piece   of,    A^^„,Hi„» »« n,« <!i,««oK  r^
the "open sky" aerial inspection plan of President Eisenhower. Gromyko torpedoed a three- phase Anglo-French plan seek¬ ing   ultimate   nuclear   disarma-
Confession Read in Trial
Judge Admits Story Of Airliner Bombing
D E N V E R (LP) — The
jHad Been Pessimistic I leave Tuesday for a meeting of rebels,   including  one  European „„.,,^„„,.; „.. .»««i„j
-Sen. Albert Gore yester-;r!°""   *;"{"   ^„^,„j,f.,P'«^^°ti    According to the'Sketchrfour!    A   month   ago,   Washington,'the.N°';th  Atlantic  Treaty  Or-:arms smuggler,  in Algiers.  Po-P^^o^^ecutl^n   pjesented
^r!«.?JlH. problems   stlU 000 highway building program, city^ „ paper said. time and there were predictionslsurvey of the accomplishments,
''""'''''^ Th.     Tennessee     pen,ocrat.P°J«'a''"^««'«^J^a«   «-P Pe       o ^j,^ „, it   was   almost   sure   to   come.needs, and  future aims  of the
Hfg°hw.y'^'rbcommit\^.^Tre' Kuth ^C^^^^                        the plot was the reason t2 the|some_tim_e_Ojis Summer.        .    jforeign  aid_program.   It  would dieted tha Senate will Insist on! ™s|'.e<l ^""O"? the hills and flood_	
Big "jThree  powers  on what to ithat its findings could be used
do. Britain wanted stem action.las future guide lines.
France   wanted    a   quick    Bigi    "We haven't had such a study
"¦I
1.—Amendments to the sales tax, faiciuding tha attempt to cliinlnata the controversial Ohio stamp plan feature.
2.->-Tha proposed $31,000,000 pay increase for tha state's teachers.
.1.—Salary   faicraues    for
¦(Kislators, Judges, the next go\ernor and members of the gubernatorial cabinet.
4.—The question of acceler- sling collections of the capi¬ tal stock tax.
5.—Allocation of $30,000,000 |p motor license funds to local rDiiimunltles.
6.—^Tha general appropria¬ tion bill.
Conference committees hold the fate of the sales tax changes, the legislative and iudicial pay bill and ths motor fund alloca¬ tions.
Passage of the capital stock iccelerator, now on final read- "g in the Senate after having cleared the House, is being held upbv ~ - •
lice in  Blida,   18 miles to the J o h n   Gilbert   Graham's southwest,  shot down four al- confession yesterday to a non- lf.se^_'¦5''5'.^«"!'"\«P .^wl^.?, were'jury that is trying him for mur¬ der  in   the  airliner  bomb  plot crash that killed 44 persons.
The way for presentation of the all-important confession had
$900,000,000 a  year In  federa 11 «9 "« A«;ademy St. area, where
aid for such roads. States would put  up the sama  amount.
Tba  aanuai  $900,000,000  ax- panditura for this purpose was authorized  in  Gore's  five-year, $18,000,000,000    highway    con struction bill which the Senate
dirt blocked some of the drains Plymouth police reported one circuit out as a result of the storm. A power line was reported { • down at the Lehigh Valley Sta-! tion  on   Bennett   St.,   Luzemei
approved last year.
Another Democratic bill, which the House overwhelming¬ ly passed would provide $725,- 000,000 in tha next fiscal year for the three classes of high¬ ways. The amount would be successively increased $25,000,- 000 each year' over a 13-year program.
The bulk of the funds author¬ ized In each bill would be for construction of upwards of 40,- 000 miles of superhighways in an interstate aystem linking the nation's main cities and most of the state capitals.
'•¦nate Republicans pend-L, ,, .»   t   ,
<ng tne iinat decis.on on tholStorm Keeos Rainier,
sales tax measure.
3 Killed in Crash
Princess at Majorca
FORMENTOR,   Majorca   (IP— Prince   Rainier   and   Princess
LANSING, Mich., (W—The | Grace of Monaco were weather- •"ayor of Baton Rouge, La., bound in the Spanish island bar- Jesse L Webbs Jr., 43, and twoi bor yesterday, prevented by a Mher persons were killed lastisudden storm from resuming "'Knt when their private plane jtheir yachting honeymoon. f?n?''f'*»•¦* *^* Lansing, Mich.,! Rainier's yacht Deo Juvante ^"Pitai Airport. I sailed out of Formentor Bay on
The other victims, were iden-1 Fridav but retumed four hours "'led as Dr. Kimbrow Owen, later because of heavy weather "1(1 Paul Pitman, 42. 'in the Mediterranean.
gHs Soap in Mouth
^5 'Jackass 'a Dirty Word? Teacher 5oys 'Yes'; Boy's Mother Says 'No
Wilkes-Barre Transit Corp. said no trouble was experienced on any of its lines. Fire Scare in Ashley
Ashley Fire Department answered an alarm during the course of the storm. A truck was sent to 96 North Main St. when someone, after seeing smoke come from a window in a double dwelling occupied by the Peter Shortz and Gus Tag- nani families, turned in an alarm. Fire Chief Gilbert Han¬ nis said heavy rain flooded the
Burwell Held For Threats
Edward Burwell, 46, of Hill St., Wilkes-Barre, was arrested last night by Detectives Douglas | Walter
Torquatto Raps CofC
been cleared earlier after Judge Joseph M. McDonald had over¬ ruled two defense objections Friday and yesterday against admitting    any    portion    of
any    portion ,...,,.      .,.„_„    -v„ r-.--.*     HARRISBURG (IPI—A state of-] Grahams   alleged   admissions. Three .""jeV"?-   •P''    VP ll i^'"" *''* "!r**o,?''?'''^..'" ^^''^ yesterday   criticized   thelpBl Agent Testifies
States said it would oppose ag-J George   said.   "It   is   time   weigtate Chamber of Commerce for
benefits.
stitutional  limits but otherwise gram is working and see where gVesTto liberally social securitv "/k       .u    ,? '"* ^17/5^'i' held back in favor of U.N. ac-we stand." ibpntfit? '"^""^ '""^'*' "'^""ty.of how the 24-year-old defend-
tion. Former Rep. Christian A. Heri    ""d    t .      c      .      ant had commenced relating his
The latest administration es- ter (R), now govemor of Mas-! /?"" •*• Torquato Secretary comp icity in the airliner crash timate on peace and war pros- sachu.setts, headed a selecti°^L"')or and Industry pointed and later followed this recital pects in the Middle East wasHouse committee in 1947 which °"* that the Chamber last week of the ora confession by read- given   bv   .Secretary   of   Statelstiidied  the question  of aid  to'"''^^?   Pennsylvania s   two   Re-iing  the  41/3-page  written   con-
John Fo.ster Dulles to Chairman | Allies.   Its   report   was   an   im-P""]''*^"" ^'^"l*""-    if^J^    H. fession which Graham signed in F    George   (D-Ga.)   oflnortant part of the groundwork """   ""^J.   Edward   Martin   to the    early   morning    hours    of
Bart an* Peter Roache for threatening a woman with a deadly weapon.
According to the detectives Burwiell approached Hannah Cooper, 120 Hazle St., at 7:35 last night at Hazle Ave. and Le
chimney, causing wood burninglh'gh Sts. and pulled a knife on
in a stove to smoulder.
The U. S. Weather Bureau said precipitation measured half an inch for last night's storm. It was accompanied by winds up to 28 miles an hour. For the record, the storm officially start¬ ed at 7:15, when the first peal of thunder was heard in the region, and was over at 10:10 when the thunder passed on.
While power failure interrupt¬ ed the show at West Side Drive- In from 8:50 to 9:20 last night, the management reported the show did go on. Few motorists left the grounds, a spokesman indicated. No serious trouble was found by the management and patrons accordingly were requested to remain until the movies resumed.
A blinding bolt of lightning (Continued on Page 2, Sec. 1)
OLD LYME, Conn, (ff)—A mother whose seven-year-old '""» niouth was washed out *K- *°8p by a teacher who objected to tho word "jack- "«   protested yesterday that
not a dirty word.'
"Ifl
tJII^:.    Cameron     Osborne Pf'ited to tbe dictionary. "It
Ifh *"'¦' *'°". « blockhead," F*n^ said.
^ys. Osborne's son Billy tht i''"''.""^'* to have hurled C, '"""' "• not his teacher, t.J.u' classmate &'• - Mrs.
^ce.^^object.<I
Eut the Thomas A. aod  sudscd
Mrs. Osborne stormed into the classroom, determined to lecture on jackasses, but re¬ ported that School Superin¬ tendent George A. F. Hay "ordered me out and .said he was going to call the police."
Mrs. Osborne served notice that her "emotionally upset" son will not return to school tomorrow unless she receives a "suitable apology." She still thinks children would get a kick out of knowing what a jackass is—«ven if ti)ty don't add it to tbair active vocab- vlsxy.
j Singer Peggy Lee Weds Dewe/ Martin
PALM SPRINGS, Calif. (IP)— Siger Peggy Lee and actor Dewey Martin were married here last night in a simple cere-| mony performed by Dr. Irma! Glen at the Church of Religious! Science
her. She screamed for help and police were summoned
Bart and Roache circled the area and came across Burwell again in an argument with the woman at the intersection. They found a knife in his shoe.
Injured in Fall On Meai Hook
PHILADELPHIA (ff»—A work man    was    injured    yesterday when he fell from a ramp onto a meat hook in a meat packing! plant, in Northeast Philadelphia.
He is 61-year-old George Wer- lin, of Riverton, N. J. A com¬ pany spokesman said Werlin slipped on the ramp while he was inspecting new refrigerator equipment. He fell 15 feet and struck a steel book suspended from an overhead track.
Police tookfWerlin to Episco¬ pal Hospital, where he was re¬ ported suffering from a punc¬ ture wound in the back, near the right shoulder.
the   Senate   Foreign   Relations
Committee at a private meeting
yesterday.
Says Mid-East Stable
It was learned that Dulles, who takes off for Paris Tuesday afternoon, told George that the situation in the Middle East is "a bit more stable" at this time than  it  has   been.   He   said   a
for  the   original aid program.
Marshall   Plan
Fire Sweeps Ohio Armory
CINCINNATI   (IPi-
vote    against    the    bill    which Nov.  14.
passed  the House of Represen-     The written confession related
how  on   Nov.   1,   the  day  the
United Air Lines DC6B airliner
fire swept through the historic longer range forecast must hinge I National Guard Armory last on Hammarskjold's report. night, causing loss estimated at
Diplomats are encouraged by recent   Russian   statements   ex¬
pressing willingness to co-oper- braved    exploding    ammunition
ate in the Middle East, if for no other reason than that it is good to get the Russians pub¬ licly pledged to peace.
Valley Scenes
Heigh tn retident puffing around Public Sguare carry¬ ing a pair of gkis.
Young $hop thine boii "go¬ ing out of business" during last night's storyn an/i tailing shining box down water- filled gutter.
Nuangola youth, telling of airplane ride, being applauded by kindergarten classmates as a humorist when he sober¬ ly told them "the river looks like a creek."
up to $2,000,000. Seventeen    fire
tatives. Opposition Policy
"The organization's opposition!crashed,     Graham    drove    his
to the bill now in the U. S. Sen-! mother. Mrs. Daisie E. King, 54.
ate to reduce the retirement age;to the Denver airport where she
for women from 65 to 62 and was  to  board  the  plane for a
A   T   Iflrm P ^ "^ ""' t  Permanently  disabled trip to Alaska.
hic'rti-i!? workers to qualify for social Already, his confession stated, security at the age of 50 is sad he had placed a home-made dy- and disheartening." Torquato namite bomb in his mother's said. "By its opposition to this suitcase and connected it to a humane measure the state battery and timing device that Chamber of Commerce adds an- was to cause the plane to crash other chapter to its policy ofja short time later, killing Mrs, fighting every advance to bene-jKing and 43 other persons fit the aged and  infirm." I aboard the plane.
companies
and collapsing walls to fight the blaze, which started from a short circuit in a softdrink machine. Homer   Neimeister,    37,    the
caretaker, his wife and their five <Act   Of  Wef'   Not   *War*
small   children   fled   to   safety	
INSIDE THE INDEPENDENT
Miss Lee,  who recently won!Amusement    Four
an Academy Award nomination,Around the Town..Two
and won in the national audi-iBetter English Two
ence  award   poll  for her  sing-icity Hall News ....Five was dressed in a ballerinalciassified   Sixi
Section Page
mg,
length gown.
It was the third marriage for Miss Lee, .33, who previously was married to Dave Barbour and Brad Deter. Martin, also 33, was married once beforab
County News Five
Crossword Puzzle . .Six
Drew Pearson Three
Editorial  Three
Franlc Tripp Tluee
9 How Can I? ? ? ....Four 7 Look and Learn ....Five
IC Obituary One
3'Politics    Three
l-6{Radio    Four
2'Robert C. Ruark ...Three
gState Capitol Two
£,State News Two
^Sports  Three
6Tv   Four
TlWoaMD's Seotlcm ..Four
after Neimeister was awakened by smoke.
The blaze destroyed a Walker M-41 tank, 12 howitzers, three| self-propelled howitzers, three; jeeps and five trucks. j
PRR Drops Many TrainsI With Arrival of DST      |
PHILADELPHIA (IP) — The! Pennsylvania Railroad dropped; nearly a score of long distance; and intermediate passenger; trains from its schedules with the arrival of Daylight Saving, Time early today. i
The   U.   S.   Circuit   Court   ofj Appeals   yesterday  dissolved   a| temporary  restraining order is-! sued   hy  District Judge  George; Section Page A. Welsh which would have pre-|
Mother Denied'Double Insurance For Marine Son Killed in Korea
2!vented the railroad from elimi 9 nating the trains. 8    Judge Welsh had granted the: 6 injunction on the request of the^
10-ll|city   of   Philadelphia   after   So-|
Tjlicitor David Berger charged thei
8, curtailment   of   the  trains   was|
9ithe first move of railroad plans!
l-5!to    reduce    passenger    service
10-lIidrastically  in favor of  freight   the l-T'sehedulea.
PITTSBURGH (IP) — Three Allegheny County common pleas judges ruled yesterday that Francis R. Thomas Sr. could not collect double in¬ demnity on a $5,(X)0 insurance policy because his Marine hero son was killed in an "act of war."
A policy issued by the Metropolitan Life Insurance Co. to Francis R. Thomas Jr. contained an accidental death benefit clause that eliminates the extra $5,000 in event of death resulting from an "act of war." Killed in 1952
Thomas was killed in 1952 while single-handedly attack¬ ing enemy bunkers and trenches in Korea.
The Marine's father claimed double indemnity on the basis of a state Supreme Court de¬ cision in 1953 that the action in Korea was not a "war" in constitutional   or   legal
The high court dedsioB awarded Mrs. Julia Belay $2,000 on a policy covering her son, Cpl. Andrew Beley, also killed in Korea.
lne interpretation of the world "war" has been a point of contention in courts throughout the nation. Even judges in the same court have disagreed on the interpreta> tion.
Declaratioa Not Needed
The opinion in the Thomas case, written by Judge Loraa L. Lewis for his fellow judges Sara M. Soffel and Henry EI- lenbogen. maintains that a declaration of war is not nec¬ essary to make an "act rf war."
"Court decisions and his¬ torical fact are all exceedingly clear as to the meaning of "acts of war,'" the judge wrote, "which has never been specifically associated with • forawlly Mclared