Arizona Republic from Phoenix, Arizona • Page 4

Xo wage contracts broken GRIN AND BEAR IT By George Lichty firemen lose suit Sales delayed on McCune properties The State Court of Appeals yesterday ordered 90 days' further delay in sheriffs' sales of millionaire Walker Mc-Cune's Phoenix mansion and his Gila County property. In the meantime, added the appellate court, it will be up to Maricopa County Superior Court to rule on Phoenix attorney Robert E. Kersting's claim that McCune fraudulently conveyed his properties to a California trustee to prevent their sale to satisfy a $100,000 judgment i holds against McCune for professional services. The burden of proving the alleged fraud remains with Kersting, who has not carried it so far, said the Appeals Court. It added that its sale delay "There is no evidence of any contract or ordinance which guarantees to plaintiffs a periodic or other pay raise, except the yearly step raises of the pay range in effect when they contracted with the city for employment "The city was bound to adhere to the provisions of its ordinances relating to employment practices," McFate continued, "which in general QUAKE SHAKES CARACAS CARACAS, Venezuela (AP) A mild earthquake sliook Caracas for-10 seconds yesterday morning, officials reported, but there was no material damage or loss of life.

require uniform compensation and the same pay scale for all positions within a particular job classification, and that all. amendments shall apply uniformly to all positions within the same class." This the city did, McFate said, although "it is virtually impossible to avoid some slight inequities in applying these new pay steps to employes who were hired at various times during various calendar years." He added, "At the extreme ends of the pay scale it often becomes impossible to avoid situations wherein two employes with different tenure receive the same wages, for the simple reason there is no lower or higher wage in that classification." COME TO A FREE Christian Science Lecture 8 P.M. Friday Sept. 19 Arcaaia men school imt I I' a i a. e.

moian scnooi no, 1 rU lumnat 1m. 1M And since I have a surplus of plaques, awards and citations I thought you space people might want some of them on the Moon, on your next flight!" Vi Bartender fined $110 for concealed iveapon "Loving to Live" by Grace Bemis Curtis, C.S.B. Auspices First Church of Christ, Scientist, Phoenix All Are Welcome Joe Villa Villa leaves LEAP post Joseph D. Villa, one of the drafters of the LEAP antipov-erty program in Phoenix, resigned yesterday to accept an associate professorship at San Jose State College in California. Villa, of 2457 E.

Coronado, came here from Yuma Jan. 1, 1965. He holds a B.A. degree from the University of New Mexico and a master's degree in social work from Arizona State University. He leaves the LEAP post of coordinator in the neighborhood organization division.

His San Jose appointment is to the graduate department of social work and is effective Oct. 1. Villa served as an administrative instructor in the Air Force and taught evening clases at Arizona Western College in Yuma before coming here. In Phoenix he was active in work of St. Agnes Catholic Church and was a member of the A metropolitan board and of the Arizona Cactus Pine Girl Scout Council.

He was a leading organizer of the recently formed Mexican American Chicano Coalition here. EAST CAMELBACK ROAD TELEPHONE order, extending 90 days from the time the order reaches the Superior Court, may be extended further by the Superior Court. It not extended, the Superior Court shall quash its writs providing for execution of Kersting's judgment against McCune, the appellate court directed. It also ordered a refund of the $25,000 bond that was put up by McCune's California trustee, attorney Louis Sack-in, while the Appeals Court was deciding that Sackin had standing in court to contest the pending sales. In addition, the Appeals Court delayed the sales during the past summer wrhile its decision was being reached.

Patfon appointed The appointment of David W. Patton as business manager of Mariopa County General Hospital was announced yesterday by Thomas L. Ho'llis, hospital administrator. Patton has had administrative experience at Phoenix Baptist Hospital and served as a job analyst at St. Cloud Hospital in St.

Cloud, Minn. 81lTMORE FASHION PARK 2400 NOW WELCOME AT EL RANCHO MARKETS A bartender accused of beating a Phoenix businessman and blinding his right eye was fined $110 yesterday in city court on a charge of carrying a concealed weapon during the attack. The suspect, Anthony Ven-uto, 38, of 1008 E. Camelback, has been ordered to face trial Oct. 15 in Maricopa County Superior Court on a felony assault charge in the attack on Edwin L.

Loney, 47, of 3216 E. Washington. Venuto, who has a lengthy criminal record and an alias of James Luther Hill, is charged with beating Loney, owner of the Modern School of Refrigeration at the Washington Street address, on April 18 in the Guys and Dolls Tavern, 3202 E. Washington. As a result of the attack, Loney lost the sight of his right eye.

When police arrested Venuto at the tavern, they said he had a derringer in his possession. 10-A The Arizona Republic ISO Sept. 17, 1969 Legislation for tax court being drafted By BERNIE WYNX Legislation aimed at creating a special tax court to hear appeals on all forms of tax litigation is being drafted for introduction in the next legislative session. Sen David Kret, R-Maricopa, said he has asked the Legislative Council staff to draft such a bill in wake of a Maricopa County Superior Court decision drastically reducing the assessed valuation of the Four Corners Pipeline Co. ON MAY 5, Judge Morris Rozar, hearing an appeal from the pipeline company, reduced the state imposed assessed valuation of $19.8 million to $8.1 million.

State Property Tax Director Arlo Woolery said the court held his department did not allow enouch deduction for "economic obsolescence" after listening to testimony from some 75 experts produced by the pipeline firm. Sen. Kret contended the judge was overwhelmed by the weight of pipeline wit nesses while the state did not have the funds to hire expert rebuttal testimony. He said the judge was not trained in tax matters and consequently was not able to rule competently on the highly technical matters. WOOLERY said the pipeline has been valued at $16 million this year and has served notice that another court appeal will be filed.

The problem was aired by a subcommittee of the Senate Finance and Revenue Committee which invited Woolery and attorney Frank Ryley, representing the pipeline, to discuss the utility taxing system. Ryley said judges are traditionally the "finders of fact" and don't necessarily have to be experts in the field covered by the litigation. However; he agreed that it would be helpful to establish a special court to handle tax litigation. Ryley also offered to bring in experts to tell the subcommittee how utilities should be valued. BUT RYLEY was cool to Kret's suggestion that perhaps "rollback" taxes ought to be applied to adjust tax rates on pipelines when reserves are underestimated.

The lawyer said such a rollback approach would also have to be applied to other types of property, including apartment houses. Kret said the bill he will submit to the committee for consideration will permit the judge to hear other types of suits if there is no tax litigation pending at a given time. Plane propeller injures student An exchange student from Switzerland was seriously injured Monday when lie stumbled into the propeller of an airplane at Deer Valley Airport, Maricopa County sheriff's deputies said. Manfred E. Frey, 24, who resides at Tuxhorn Aviation, 1800 W.

Deer Valley Road, received deep cuts on the side of the head and chest. He was taken to John C. Lincoln Hospital. Frey said he had just started the plane and got out to remove the wheel chocks when he stumbled and fell against the propeller. FUNERAL FOR MONKEY RAJKOT, India (AP) -Several thousand persons attended a ceremonial funeral for a monkey stoned to death by a villager, and the town plans to set up a memorial stone.

Monkeys are sacred in the Hindu religion. MONDAY THROUGH SATURDAY Glendale Glendale firemen were denied their bid for higher pay yesterday by a Maricopa County Superior Court judge. Judge Yale McFate ruled against the 14 firemen who brought suit against the city on allegations that an unwritten contract for annual pay boosts was broken when pay scales were revamped. McFate said: "During the years in question these plaintiffs have received, by virtue of the various pay increases, more than the original pay scale provided, and are now, in most instances, receiving approximately 160 per cent of the salary at which they started. "It seems to the city has dealt with the problems presented in the case at hand in a fair and equitable manner and without violating any contractual obligations The firemen complained that, although they had received pay increases, the new pay scale placed them in lower grades, so that a rookie would receive as much as a veteran.

A fireman hired in April of 1963 could by September 1965 be receiving less pay than one hired in September 1964, McFate admitted. However, the judge noted, 955-7200 5 it-ctfitcm Me Grand jury indicts woman in falsification of records Ed Loney Venuto was found guilty of carrying the weapon on Aug. 28. He was fined yesterday. Venuto is out on $2,200 bond on the charge of assault with intent to commit great bodily harm.

20 returned by the grand jury, two of which were secret. School official seeks election Kenneth L. Morgan, president of the Osbora school board, has announced that he will seek to retain his post in the Oct. 7 school board election. Morgan, of 1124 W.

Pasadena is a pharmacist and past president of the Maricopa County Pharmaceutical Association. He graduated from Arizona State University and the University of Arizona school of pharmacy. He is a member of the Sons of the American Revolution and has been active in PTA, Little League, Cub Scouts and Boy Scouts. ROUE LLU3 The former head teller of Western Savings Loan Association's main office, 343 N. Central, was indicted yesterday by a federal grand jury on two counts of falsifying bank records.

Mrs. Harry E. Miller, 36, of 8646 E. Sells, Scottsdale, was charged with charging $3,400 in share loans against the account of a Sarah J. Cummings.

Mrs. Miller was accused of charging a $2,950 loan on July 12, 1968, an another $450 loan on" Nov. 8, 1968. Western Savings officials were not available for comment due to the lateness of the grand jury return, but an office worker said Mrs. Miller no longer is employed by Western Savings.

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