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! The
War Today,
By DowTtT MaoKENZIE
! Associated Pren War Analyst
THAT wuh a blunt but logl
cully phraxod warning Wusli
In u tm i gavo Tokyo ut tlio week
cnul through thu medium of
Jiipiineiio-Hpeiiklng Captain IS. C.
Ziicharliw, USN to surrender
unconditionally or tnko the con
aequencos and It should clear
the atmosphere of nny idea that
thu ul lit-K might weaken in their
peace terms,
AS u matter of fuet, this
broadcast was In effect an
ultimatum. It acquires spcciul
force from the fact Unit tlio Bill
Three are meeting in Potsdam,
and that In all probability the
iiuestlon of whether Russia will
come Into the war against Japan
Is being discussed possibly
even has been settled. Apropos
of this thought, one of the most
strlkhiK passages in Captain
Ziicharlu' broadcast was:
"If Japan should Initiate the
cessation of hostilities without
further delay, it may bo as
sumed that it will bo the
United States which will enforce
the formula and ensuro peace.
Are the leaders of Japan really
so sliort-slithted that they cannot
nee the possible complications
which they may havo to face If
they fall to act, unci act prompt
ly?'' V171IAT "possible compllcii
w lions"? Well, there are
quite a number but I dare say
tlio first think that comes to
most minds Is the contingency
of Russia cntcrlnK the conflict.
We needn't labor the point of
what that might mean, Japan
knows full well, and long has
ihown sinus of anxiety about
the disposition of her powerful
neighbor.
Thus far Tokyo hasn't made
ttny direct answer to Captain
Zuchurias, though an official
pokeiman would seem to have
had It in mind when he said in
radio talk:
"Tho Japuncse are reasonable
peoplo who are amenable to fair
ricumenl, but they also arc
firm people who cannot bo In
timidated." It that is an answer, it's
aft one which Is calculated to
turn away wrath. It clearly
means that Nippon would like
to discuss pcaco terms If shu got
the chance. However, tho ver
dict Is that she won't be per
mitted any argument, It's un
conditional surrender or a
knockout by force,
"THIS doosn't necessarily mean
that tho allies won't give
tome brooder statement of their
Intentions towards the Japanese
nation. Indeed, observers havo
been watching the Dig Three
conference closely for a possible
pronouncement from at least
President Truman and Prime
Minister Churchill. One would
rather expect that they might
lake advantage of this favor
ihlo moment with Gcnoralls
ilmo Stalin on the ground to
jive Tokyo tho final word.
Kvcn if Stalin remained silent,
his presence at Potsdam would
tend tho declaration vast weight.
Weyerhaeuser
Workers Vote
Weyerhaeuser Timber com
pany plant employes will vote
Tuesday on bargaining agent at
I NLRB election.
Tho election was petitioned
tor by the AFL, challenging the
-IO-IWA which had tho bargain
ing agency up to this time.
Polling will be from 11 a. m.
to 1 p. m. and from 3:30 to 7:30
J. m.
On Ihe ballot will be the
(WA, AFL and "no union."
Claude Calkins, NLHB field ox
imlner, Is hero to conduct the
lection.
BASEBALL
AMERICAN LEAGUE
H. H. E.
Chicago 17 0
Now York 0 7 1
Dietrich and Trosh;
and Drcschcr.
Zuber
NATIONAL LEAGUE
R. H. K.
Boston 5 10 3
Pittsburgh fl 17 4
Hutching, Hondrlckson (6),
Logan (0), find Masl; Sowoll,
Beck (5), Strincevich (0). and
'Balkold.
Shrine-Sponsored Salvage Drive Slated
For Sunday, July 29; State-Wide Call
Klamath Falls citizens arc
irgcd to gather up old news
apers, magazines, wasto paper
ind tin cans for tho salvage
Irlvo sponsored by tho Klamath
'nils Shrlno club which will take
ilnco this coming Sunday, July
10.
Tho drive is part of -a state
irldo appeal for wnslo paper and
In cans with all proceeds to go
o the Shrlno Crippled children's
lospltol In Portland. Tho Mys
Ic ordor of tho Shrlno Is ban
ning tho drive.
Mayor Ed Oslondorf has is
tied a proclamation urgently
PRICE FIVE CENTS
Oregon
F
BUTTLES BLAZE
Rain Clears Smoke In
Burned Area; Val
ley Has Blaze
PORTLAND, Ore., July 23 7P
Desplto rains and rising humid
ity, Oregon's forest fires gained
against armies of fighters dur
ing the night.
Tho huga Tillamook blazo In
northwestern Oregon roared
through soaking rains to cover
four more miles with spot fires
thut threatened to consolidate
into the main conflagration. The
burned area now covers approxi
mately 140 square miles neurly
110,000 acres. More than 2000
fighters, Including soldiers, sail
ors and civilians, were fighting
it.
Meanwhile, In eastern Ore
gon, tho 300-acro Little Mlnam
river flro defied the efforts of
150 fighters to check it.
New Outbreak
A new outbreak wos reported
in the vicinity of tho Tillamook
blaze. It was burning north of
the Nehalcm river, but early re
ports failed to indicate its size.
Rain Saturday ond yesterday
slowed progress of tho fire, and
permitted fighters to start tlieir
first ma lor offensive. Tho broak-
through camo In an Inaccessible
area, roadless and mountainous.
Fighters must hike half a day
over pack trails.
"Tough as Ever"
Smoke has cleared and scouts
last night cruised tho area for
the first close inspection of mony
areas on tho blazing perimeter
where moro than 1500 soldiers
and sailors worked with 500 log
gers. "This fire lj as tough as ever,
(Continued on Page Three)
Vinson Takes
Oath As
Treasury Head
WASHINGTON, July 23 (')
Fred M, Vinson, 55-year-old
Kcntuckiun, becumo secretary of
the treasury today, taking tho
oath of office with , tho best
wishes of his predecessor, Henry
Morgcnthau Jr.
Vinson was given the oath by
Chief Justice Lawrence Groner
of the District of Columbia court
of appeals, in tho house ways
and means committee room
where ho once helped shape tax
policies. 1
Rent Violations
Net $195 In Area
Rent control compllanco ac
tions against landlords in this
area for the period ending Juno
30, amounted to $105, according
to Marvin D. Hlxon, area rent
representative; for lho Klamath
Falls defense-rental area. Land
lords are romlndod that rents
cannot bo Increased without first
applying for and being granted
a rent increase by tho rent direc
tor. It is a violation for n tenant
to pay and for a landlord to de
mand or recelvo moro than tho
legal maximum rent for a dwell
ing, and to do so subjects the
landlord to treble damage ac
tion and penalties of rent regula
tions, Hixon pointed out,
Any questions pertaining to
maximum rents, evictions, and
rent control should bo referred
to tho area rent office, 430 Main,
phono 0B17,
asking that all Klamath Falls
pooplo cooperate with tho local
committee, headed by ' Walt
Wlcscndanger, and help make
this a successful campaign,
Money from tho. project will
help to furnish further free
medical ond surgical service to
crippled children, many from
Klamath county having been
able to tako advantago of this
treatment.
Moro details about tho drive
Sunday will bo announced this
week,
. It will be two years .before
sufficient tin will be available
oct no
AT TILLAIOK
.V
fires Roar On
Many Small
Fires Keep
Crews Busy
Several small forest and brush
fires .kept flro crews in the
southern Oregon area busy over
tlio weekend, according to re
ports from national forest of
fices and rangers. Conditions in
the woods areas arc still danger
ous after thu recent spell of
warm, dry weather with little
or no moisture.
Yocum Fire
On Saturday afternoon, a dan
gerous fire in Yocum valley
country near the Oregon-California
stato lino was quickly
squelched by a fast-working
crew of 80 men,
This fire, starting from a
smouldering lightning blaze,
spread over 00 acres in the Mo
doc nationul forest south of the
line, and a spot fire started on
the Fremont forest In Oregon.
A Modoc crew was mopping it
up today.
On Sunday, a flro of undeter
mined origin broko out in the
Crooked creek area about 15
miles north of Lakoview. For
est crews and ranchers bore
down on It immediately and con
fined it to three acres. Cause
of this fire is under investiga
tion. Fire, Controlled
A small fire north of Dairy,
believed to have been started by
cureless campers was put under
control over the weekend.
In other areas In the county,
however, conditions were good
with no fires being reported to
the tuamatn f orest Protective
association or in the Modoc Lava
Beds country.
AFL TO END STRIKE
PORTLAND, July 23 (P) The
west coast lumber commission
ordered AFL union leaders today
to enci inc striKe al the spring,
field Plywood plant and to re.
sumo production immediately, or
to show cause why at a hearing
ncre tomorrow morning.
The order, contained in a tele.
gram signed by John D. Galoy,
cnairman, follows:
"Tho west coast lumber com.
mission of the national war labor
board Is informed that members
of local 2787. Lumber & Saw.
mill Workers, AFL, arc on strike
at tne plant of Springfield Ply.
wood corporation, Springfield,
Oregon, despite the commission's
telegram of July 19 directing the
continuance of production of
plywood which is a vitally need
ed war material. Therefore,
pursuant to the powers vested in
It the commission directs that
this strike be terminated and pro-
auction resumed.
unless tho comm ss on is In
formed before 9 o clock a. m.,
(Continued on Page Three)
Moscow Knocks
Naii Treatment
LONDON, July 23 (VP) Tho
Moscow radio said today that
Reichsmarshal Hermann Goer
ing, Grand Admiral Karl Doen
itz and; Foroion Minister
Joachim vSn Ribbcnlrop wore
"resting In luxury in a Luxem
bourg palace," where they were
"growing even fatter and more
insolent.'
Tho broodcast referred to tho
hotel at Mondorf, Luxembourg,
where 52 leading nazls are held
by tlio U, S. army.
"This animal preserve for
Hitler's breed," said the com
mentator, "is situated in pic
turcsauo environs far 'from In
quisitive eyes."
for tho use of the army or navy
and the United States is now
fighting to obtain the sources
from which to mine tho mate
rial. At present all sources of
tin, excepting a small amount In
South America, are in tho hands
of tho Japanese and huge quan
tities are needed for the manu
facture of war materials.
Paper Is also becoming more
and more scarce and all citizens
are reminded by tho salvage
committee to save all this mate
rial not only during July, but
until sufficient supplies are ob
tamable or the sources aro rc
established,
Telephone Mil
KLAMATH FALLS, OREGON,
its.
S AT BIG 3 MEET
By ERNEST B. VACCARO
POTSDAM, July 23 (I')
Sources close to president Tru
man said tonight he and Premier
Stalin had established a most
cordial relationship productive
to unexpected Russian conces
sions. Mr, Truman was said to have
won important United States
aims at the Big Three confer
ence, which held its seventh ses
sion today. The president was
described as in a happy frame of
mind over concessions won to
dale, all of which he wants to
disclose to congress as soon as
he returns to the United States.
Men close to the president said
he ond Stalin had become close
ly attached to each other and
had reached a stage of under
standing considered impossible
before the meetings opened last
Tuesday.
Driving Ahead
A spokesman for the Ameri
can delegation said the Big
Three were "driving ahead" in
their secret deliberations.
Many competent observers ex
pressed conviction that a broad
cast U, S. surrender ultimatum
to Japan held a thinly veiled
warning that soviet participa
tion in the Pacific war, at least
to some extent, was imminent.
It was known here that the
Saturday night short-wavo
broadcast from Washington was
authorized by President Truman
ond was cleared in Potsdam at
the little White House. Signifi
cance was ollached to the warn
ing to Japanese, leaders that
they would not be able to- dealJ
wim tne unnca sunos alone un
less they surrendered promptly.
Position Clear ".r
President Truman's position
now wos squarely before tho Pa-
cmc enemy as tne JJig Three
conference entered its second
week.. Victory over Japan is the
presidents prime objective in
this conference. Japan has been
told that she must suffer the re
sponsibility for any further hos
tilities when the time comes for
postwar settlements.
Meanwhile, as the president
met daily with Prime Minister
Churchill and Premier Stalin,
unofficial reports emanating
from the conference area indi
cated that satisfactory progress
was being made toward settle
ment of many issues such as the
feeding of Germany, reparations,
boundaries and other problems.
The Big Three held a Sunday
session yesterday, their sixth
meeting since the opening of the
conference, and it was devoted
to work on problems of peace,
the American delegation an
nounced. OP A To Cut
Points for
August Meats
WASHINGTON, July 23, (!)
A slight but "fairly general"
reduction In ration point values
for beef, lamb and mutton will
bo ordered this week for the
August ration period starting
July 29.
This was learned today, al
though OPA withheld any of
ficial announcement beyond
acknowledging that "point re
duction would appear logical" if
meat supplies are showing im
provement. Pork points will not be re
duced, because hog marketing
has been slow.
The reductions will amount to
only one or two points a pound
on beef, it was learned, end will
cover steaks, ronsts and other
fircforrcd cuts as well as the
ess popular ones. For lamb and
mutton the lowering of point
values will be about the same,
perhaps a truio greater.
Adams Sentenced
To Three Years
Marvin Henry Adams, 17, was
sentenced to three years in the
Oregon state penitentiary this
morning by Circuit Court Judge
David R. Vandcnberg for bur
glary not In a dwelling.
Adams pleaded guilty to the
charge in connection with a theft
at tho Klamath county agricul
tural experiment station on May
25, A microscope valued at $150
and a full chemistry set wore
stolen among other things and
were burned at tho city dump,
Adams was on three-year pro
bation for a burglary of the Mer
rill Billiards at tho time of his
arrest for tho moro recent crime.
He also served 19 months In
an Idaho reformatory for at
tempted murder.
MONDAY, JULY 23, 1945
Attend
W'-r H t-JLl r mm. i S"J. -r
mkhra,. ',, . ,. i .1 . t I . i i rMit I In iiii III Iiiii i i II i iiiii i liii iiJI 4tuax.' tj-ift. MJ,-M,i:iaif-mim, iii-m
Shown above are three marine corps dignitaries who appeared at the launching of the SS
Malls of Montezuma at Kaiser's Swan Island shipyards in Portland Saturday. A group of men
from the Klamath Falls Marine Barracks, including the band, went north for the launching.
Above are Col. George O. Van Orden, ex-commanding officer of the Klamath Falls Marine
Barracks; Maj. Gen. Julian C. Smith, commanding general of the department of the Pacific and
Gen. A. A. Vandergrift'i personal representative; Col. Gilder D. Jackson Jr., commanding officer
of the Marine Barracks at Bremerton, Wash. General Smith was in Klamath Falls Sunday night
and Monday morning on his way to San Francisco from Portland. (Official Marine Corps Photo).
Catcalls Fill French Court As Petain
Pleads He Collaborated With Germany
To "Prepare The Road To Liberation"
By LOUIS NEVIN
PARIS, July 23 (P -Disorder
broke out today in a courtroom
where Marshal Petain was mak
ing a pica before a special court
trying him for his life. French
police cleared the court and
made arrests among the specta
tors. The old marshal, proudly
wearing the medals France had
given him, made what he said
would be his lone statement of
defense to capital charges of in
telligence with the enemy and
plotting against the security of
France, both before and after
he became chief of state of the
Vichy regime.
"While Gen. De Gaulle con
tinued the struggle abroad, I
prepared the road to liberation,"
he argued.
The courtroom disturbance
resulted' from an altercation be
tween Prosecutor Andre Mornet
and defense attorneys..
"There are too many Ger
mans in this room," Mornet
shouted.
Catcalls, protests and cries of
"justice" rang from all sides of
the crowded room especially
from the benches where lawyers
were seated.
Jacques Isorny, defense coun
sel, demanded a formal apology
and Mornet retorted: .
"I said there are too many
people here serving the German
cause. I didn't say they were
Germans, but I consider them
as the same thing."
Nip Losses Grow
As Aussies Plunge
MANILA, Sunday, July 22 (P)
Enemy dead counted in all
Borneo operations now total
4306, with 441 captured, Gen.
Douglas MacArthur announced
today as Australian troops con
tinued mopping-up operations in
recently - captured territory
around the Sambodja oil fields.
Allied casualties principally
Australian for the Borneo op
erations which include Tarakan
and tho Brunct Bay sector as
well as the southeast Borneo
area of Balikpapan, now total
386 killed, 12 missing and 1351
wounded, MacArthur's com
munique said. The ratio of Jap
anese dead to allied dead thus
was moro than 11 to 1.
Poisoned Liquor
Kills 18B Yanks
PARIS, July 23 (ff) Methyl
alcohol poisoning in bootleg
liquor killed 188 American sold
iers in France and Germany
from Feb. 1 to July 10, the
army chief surgeon's office said
today. Troops were warned to
be careful of their liquor
sources
Tho number of deaths, the
statement said, was higher for
that period than the number of
deaths from communicable dis
eases for all American troops
on the continent.
l!ll!!lll'!l!ll!ll!!lllll!!ll!l!l!ll!l!l!l!ll!!l!!!!l!l'llll!mi
(July 23)
Max. (July 22) ...81 Min 52
Precipitation last 24 hours 00
Stream year to data 13.28
Normal 12.09 Last year 10.42
Foracasti Clear Tuesday.
Halls of Montezuma Launching
Again the courtroom erupted
with shouts and spectators rose.
The court then ordered the
hearing suspended and police
started making arrests.
The public which had attend
ed the opening of the trial on
invitations of the ministry of
justice was ordered to clear the
gallery. The spectators protest
ed furiously, waving invitation
cards under noses of the gen
darmes while newspapermen,
witnesses and court attendants
climbed on chairs and tables to
watch the scuffling.
Lawyers ordered ejected bat
tled with police to re-enter the
courtroom, contending .they
were immune to arrest under
French law.
When. the. disturbances start-
WASHINGTON, July 23 (JP)
Senator Connally (D-Tex.) called
on the senate today to ratify
the United Nations charter "by
a vote that will be heard around
the world."
Opening debate on the 50
nations agreement signed June
26 at San Francisco, the chair
man of the foreign relations
committee won applause from
spectators banked in the gal
leries when he urged the senate
to show "the same courage to
ward the obligations of peace
as we have in war."
Despite what he termed ample
evidence that the senate will
ratify the charter overwhelm
ingly, Connally said many rep
resentatives of other nations
still are doubtful of the out
come. "They know that tho League
of Nations was slaughtered here
in this chamber," he shouted,
pulling off his glasses and wav
ing them in the air.
' "Can't you see the blood
there it is on the wall," Con
nally continued, pointing at the
rear wall of the chamber.
Declaring that senate ratifi
cation would give other nations
a "tremendous impulse," Con
nally said the senate also ought
to have tho courage to offer its
full cooperation in the proposed
new league.
"There are some who say we
can't send soldiers to back up,
the peace that we mustn't have
a vote on anything until it is
checked back to congress," he
declared,-
"Can't we show tho same sort
of courage toward the obliga
tions of peace as we have those
of war?"
Senator Vandenberg (R-Mlch.)
who served with Connally as a
delegate in the drafting of the
charter, told the senate "This
is man's best hope for a safer
and happier world."
"It, is my profound belief,"
Vandcnberg said, "that hero is
an adventure that can servo the
hoarts and hopes of mankind,"
Number 10573
ed, Pelain himself was hustled
from the, courtroom by guards.
His chair and table were over
turned. Just before the incident start
ed, he had called upon those
condemning him to ask them
selves whether "they did as
much" for France,
"In the most tragic days of
the history of France, she called
on me," the marshal said,. "I
was heir to an unprecedented
catastrophe."
He contended he had only
carried out the advice of his
military leaders when he asked
Germany for an armistice.
He said that after he became
chief of state he used his pow
ers "which were recognized
throughout the world, from the
Holy sea to Russia, as a shield
and buckler t o protect the
French people."
"I have sacrificed my pres
tige for them," he pleaded. "If
I have treated with the enemy,
it was to spare you. Faced with
the enemy's demands, I sur
rendered nothing essential al
though we had daggers at our
throats. I assumed our prisoners
of war of aid." , i
The three judges clad in
ermine robes waited in their
chambers for exactly 25 min
utes before the courtroom tur
moil was brought under control.
When they filed back to the
bench, most of the lawyers who
attended the trial as spectators
(Continued on Page Three)
Yanks Nab 80,000 Nazis In
Week-End Raid On Germany
By JAMES F. KING -
FRANKFORT ON THE MAIN,
July 23 () Half a million
American troops arrested up
wards of 80,000 persons and
searched every single house in
the American occupation zone
of Germany over the weekend,
it was disclosed today.
It was perhaps the greatest
mass raid in history.
The Americans were seeking
weapons, ammunition and loot.
Many of those taken into cus
tody were members of the S. S.,
hunted as war criminals.
The 16,000,000 Germans in
the American zone were caught
by surprise and were bewil
dered and scared, but offered
not the slightest opposition.
Brig. Gen. Edwin L. Slbert
of Vineyard Haven, Mass., head
of the. G-2 division of U. S.
forces in the European theater,
lifted censorship on the raid to
day. He said that although
orders for the raid were issued
three weeks ago, perfect secur
ity was maintained and not a
word leaked out.
Only two Germans tried to
escape the search, he said, and
at least one was shot to death.
Slbert said a , considerable
number of guns, ammunition
and loot such as American uni
forms, K -rations, gasoline and
U.S. WARSHIPS
Halsey Smacks Bonin
Island Port In :
-: "., Daylight Blow
By LEONARD MILLIMAN
' Associated Press War Editor
A fast force of U. S. destroy
ers knifed into Tokyo bay to-
.day, knocking off a four-ship
convoy to top on a six-oay score
of 118 Japanese vessels and 112
planes reported destroyed.
Another destroyer force o
Adm. William F. Halsey's third
fleet this morning bombarded
Chichi Jima in the Bonin islands,
550 miles south of Tokyo, and
Japanese broadcasts reported ,a
third American naval force
shelled Paramushiro on the
northern road to Japan yester
day. The bombardments marked
the return to action of the third
fleet which has highlighted 14
terrifying days for Japan. Dur
ing this two-week period 791
surface craft and 596 planes in
the mikado's sea and air forces
were destroyed or damaged.
Superforts Pound
Much cf the total was ac
counted for by air forces which
today sent nearly 100 Super
forts pounding at one of the few
remaining synthetic oil refiner
ies and more than 100 Mustang
fighters from Iwo Jima pouring
rockets, bombs and machinegun
bullets into Osaka air fields,
The toll ranged from the
32,720-ton battleship Nagato to
junks and PT boats. The super
structure was knocked off the
Nagato,- one of the emperor's
two remaining battleships, last
Wednesday when 500 carrier
planes nosed down on Yokosuka
naval base and camouflaged
warships lying offshore in Tok
yo bay. " '
Allied Attack
This was part of a combined
1500 plane American and Brit
ish carrier attack. The allies
swept over 90 miles of tho
Tokyo area, destroying or dam
agifig" ""suWiJoc- craft, Ttt9
planes, six locomotives and all
types of ground installations.
Twenty-two American : airmen,
12 U. S. and two British planes
were lost.
The balance of the six-day
toll was taken from Tokyo bay,
down the China coast to Borneo.
-Closest Approach
Japanese broadcasts said eight
destroyers comprised the naval
force which slipped into the en
trance of Tokyo bay today. Thejr
conceded that one transport was
damaged in the convoy. This
was the closest American naval
approach to the enemy capitaljii
carrying the destroyers perhajJS
five miles beyond the naval,
(Continued on Page Three)
Juveniles Held
In Check Forgery .
Two juvenile girls, one 12
years old and the other 13, were
picked up early Saturday eve
ning by juvenile officers for"'
forging a 10 check on Lloyd.,,
Lamb, Klamath alls theatre
manager. Both girls are from -
Klamath Falls.
Upon questioning by juvenile,
authorities, the girls admitted,
the forgery and are being held
in juvenile custody. They said ;
that they spent the money for
tickets to the wrestling matches
and theatre tickets. The check i
was cashed at the Lincoln Street
grocery. . ; '
The younger girl has a previ
ous record here. . ,
vehicles were uncovered, but
that there was no sign of an
organized German underground.
A lot of S. S. men many
posing as discharged Wehrmacht
prisoners of war were rounded
up, he said. Details as to the ,
exact number and identification,
of any leaders among them were
not immediately revealed, .
The general said somo of the
persons arrested were in Ameri
can uniforms. These declared
that they had no other clothing,
Most of those taken Into cus
tody, however, were booked foif
irregularities in identification,
papers, he said. ;
With "tallyho" as a cods,
word, the American soldier
struck at daylight Saturday.
They stopped every vehicle, iw
eluding U. S. army Jeeps, check
ed the papers of civilians and
soldiers and swept through
every German house from cel
lar to nttlc. . '
"It upset the civilian popula
tion quite a bit, which is good,"
Sibert said, explaining thut tha
Germans had been given a week:
of grace ending July 20 in
which to turn over all weapon,
ammunition, radio transmitter
and- other forbidden article
without fear of punishment.
Those caught with forbidden
articles face trials in which th
death sentence can be applied,.