Arizona Republic from Phoenix, Arizona • Page 22

Justice Department claim disputed The 1 'iftEPUBLtC MAIL Drug trial set for nephew of Goldwater State refuses to give U.S. recall opinion Arizona Republic Tm silay, Jan. 13, 1971 (Section H) Vivn- 1 Paul Dean Attorney General Gary Nelson Monday refused to submit for approval by the U.S. Justice Department his 1973 opinion invalidating petitions for Gov. Williams' recall.

"We strongly advise the department to review its role in this matter and make sure it is not being asked to embroil itself as an advocate for the recall movement under the guise of a review of Arizona election laws under the Voting Rights Act of 1065," wrote Nelson. He challenged the department's assertion that his opinion amounted to an election law change that cannot be lawfully enforced until it is cleared in U.S. District Court or placed on file with the department for days wish no objections raised against it. The 1973 opinion said petitions circulated by deputy voter registrars for a gubernatorial recall election could not be validated unless the signers verified that they were not forced to sign in return for being registered. The petition circulators were spearheaded by Cesar Chavez' United Farm Workers Union.

The union protested Williams' approval of legislation bringing farm labor relations under state regulation. Nelson told the Justice Department that his easiest course would have been to approve the recall election. "Anyone who had his ear to the ground would realize the incumbent governor would have won anywhere from 3-1 on up to as high as 6-1." Nelson wrote. "It would have been a great political victory both for my party and the governor "Since we must assume the recall movement also was listening to the winds of public opinion, we must consider that their judgment not to pursue the normal legal remedies was a political decision, calculated not for the orderly review of complicated election laws and procedures which might ulti-matelv result in a devastating election defeat for them, but to keep alive an issue otherwise properly laid to rest, only for future political purposes. Nelson said he gave recall proponents ample time last year to challenge his opinion in court or to help the secretary of state verify the petitions.

Nelson denied that his opinion set up any new voting requirements subject to review under the Voting Rights Act. The opinion merely answered questions asked by the secretary of state about election laws, he said. Nelson suggested that Justice Department lawyers come here to discuss the matter. Fate iivvs final twist 1 to newsman's story Elmer Gacde waited four patient months for one column to be written. Finally, on Friday, quite belatedly, I typed this story for today: "Elmer Gaede, wearing hornrims, his hair a white bristle brush, life moving through the late but comfo rtable 50s, was sitting in Hat-tie Moshe's Pub at the downtown Ra-mada Inn.

"He was dipping lips into his first beer. "Steve Wisnor, also behind horn By ALBERT J. SITTER Superior Court Judge Kimball Rose said Monday he has set a March 25 trial date for John Goldwater Er-skine, 20, who was indicted 16 months ago for ottering to sell 60 pounds of marijuana. Erskine is the nephew of Sin. Barry Goldwater, R-Ariz.

Six previous trial dates, including the first on Nov. 13. 1972. and the most recent on Sept. 5, 1973.

either were continued or vacated by Judge Warren L. McCarthy. The case was reasoned to Judge Rose earlier this month. Early in the proceedings. Harry Ko-senzweig.

state Republican chairman and a longtime friend of 1 he attended a meeting at which County Attorney Moise Berger. also a Repuoli-can, was asked to defer prosecution of Erskine, according to the youth's attorney John H. Ryley. Ryley said he accompanied Rosenz-weig when the deferred prosecution request was made but that he could not remember the date of the meeting. He said Berger and James Martin, a deputy county attorney assigned to prosecute Erskine, turned down the request.

Under the practice of deterred prosecution, a detendant usually waives his Fifth Amendment rights and makes a statement about his role in the case. He then is required to live by a certain standard of conduct lor a specified time. If he does, the charge against him is dismissed. It he. does not.

he is prosecuted and his statements may be used against him. The practice, in effect, places the defendant on probation even though he has not been tried and convicted. Rosenzweig took pari in the deferred prosecution meeting because ol his friendship for Erskine, not to firing political pressure against Berger. reasserted. "I was present at the request of Ryley and the boy's mother, whom I have known all my life." Rosenzweig added.

"There was no political pies-sure. "I went over (to Berber's oiiicc 1 as a friend of the family." Rosenzweig continued, "to oucli lor the b. whom I have known since he was born And like many families, when the kids get in trouble, they seek help." Berger confirmed the statements of Rosenzweig and Ryley, explaining: "We felt that the charge 1 against Erskine) was too serious to warrant deferred prosecution." Erskine, who had no previous criminal record, reportedly was arrested in September 1972 by state agents of Arizona and Idaho at his home in Paradise Valley. At that time, according to an informed source, Erskine was liinu in what was described as a "shack" in an otherwise luxurious neighborhood, which he and two other young men had rent Gem thief gets 6-month term and probation A 20-year-cld man convicted in December of taking part in a $500,000 robbery at. a Phoenix jewelry store was ordered Monday to spend six months in jail by Superior Court Judge Williby E.

Case Jr. Camero James Hert of 1214 N. 10th St. actually was placed on probation for five years. However, he was ordered to serve the jail term as a condition of the probation.

Hert and three other young men were pursued by Paul Johnson, owner of Paul Johnson Jewelers, 1940 E. Camelback, after a robbery at the store Oct. 17. Johnson, who followed a getaway van in his car, forced the robbers' vehicle into a collision with a brick wall. Arrested with Hert by Phoenix police were Mike Magness, 20; Robert A.

Dolan, 17, and Randy Helman, 17, all of 1214 N. 10th St. Magness was convicted of robbery Jan. 3 and will be sentenced by Case Jan. 24.

Dolan is scheduled to be tried in the court of Judge Frederic Heine-man Feb. 28. His case was remanded from Juvenile Court to Superior Court. Helman is to be tried as a juvenile and is set to appear at an adjudication healing before Juvenile Court Judge Gerald Strick in February. Johnson told police two young men walked into his store Oct.

17 and one of them began talking to an employe, Al Caruso. According to police, Johnson said he saw Caruso hand one of them a "diamond wallet," a large leather case containing precious stone. "That's something we never do and I knew something was wrong," Johnson told police. No weapon was shown but one of the men held his hand behind him, indicating he had a gun. Johnson said.

The two men left the store and joined two companions in a van, Johnson told police. He said he and Caruso then got into Johnson's car and chased the suspects north to Missouri and then south on 16th Street to Mcdlock. jf tam- rims, also wearing white whiskers for hair, also somewhere in his 50s, was perched a stool away. "He was clinking ice cubes in his Scotch and water. "The two men, foreigners to each olher.

began chatting to find friendship. "Gaede said he was a new Phoenician, worked in the newspaper business and was originally from Cleveland. "Wisnor said he was visiting Phoenix, lived in Los Angeles, but was also from Cleveland. "Wisnor: 'What part of Cleveland are you "Gaede: i lived around Edgewater Park. Do you remember Poschke's Barbecue? It was that big, three-towered sandstone palace of the "Wisnor: Th "Gaede: 'Well, I founded Poschke's baseball team.

In fact, I was the team for all the four or five years Otto Poschke sponsored the "Wisnor: Th "Gacde: "Those were the days. 1034 to and those were the players. Kay Mack and Paul O'Dca. Our team sent both players to the majors. Mack was half of that double-play combination of Boudreau and Mack of the Cleveland Indians.

O'Dca pitched for Cleveland until he stopped a line "Wisnor: 'Uh "Gaede: 'Yeah. I took Poschke's into Class A and hired the late Laddie Placek as manager. He became chief scout for the "Wisnor: Th "Gaede: 'Our team even beat the legendary Bob Feller, 3-2. in his last game as an amateur. And we played the game under protest because Feller had struck out eight St.

Louis Cardinals in three innings of an exhibition game a couple of weeks "Wisnor: 'Uh huh." Gaede: 'Boy, the fun we had then. I remember when Mr. Poschke took the whole team to Harbor Beach, to play his hometown team. And he took all the players up for an airplane ride." "Wisnor: Th "Gaede: We all stayed at a local hotel. One night I got into bed and found somebody had filled it full of bread crumbs.

Never did find out who did "And that's when Wisnor finally busted into the conversation. 'They weren't bread crumbs." he said. 'They were cracker crumbs. 1 was the guy who put 'em there. I kept score when you ran the team.

If you've got an old team photograph around I'm the kid in the white shirt standing next to Otto Poschke near Joe Kubin and Tony Pianowski and Frank Feiklc and Anyd Moran and So Elmer, a copy editor for The Arizona Kcpublic. got his column about a coincidence. Sadly, he will never read it. For on Friday, while his story was being drafted, gentle Elmer Gaede died. Republic photo by Nvle Leatham big job ig cranes on ed.

The trail that- led to Erskine's arrest allegedly began during a narcotics Continued on Page B-3 is a joint venture of Vita, headed by A. B. Spector of Phoenix, and PIC Realty, a Prudential Insurance Co. subsidiary. Completion is scheduled for November.

The old hotel was razed by blasting in October. Now standing high on the site of the old Adams Hotel in downtown Phoenix are two huge cranes which are speeding work on the foundations for the 18-story Adams Rodeway Hotel. The new building outheast Tempe to get 50,000 folks in car pool goal for Central Avenue major Motorola project By VINCE TAYLOR TEMPE The first phase of a S40 million center for semiconductor production is planned by Motorola at Elliott and Price roads in Tempe. it was disclosed Monday at a luncheon hcrc- mK. 1 cover nearly square feet, and employ an estimated Phase I will include an assembly and final-test building, an associated oflice structure, and a central facilities plant for hciiting.

cooling, power and other support functions. A drive to get more than 50.000 Central Avenue workers into car pools will shift into gear Wednesday with a businessmen's group tramping on the accelerator. The Central Car Pool Committee is tuning up the program in an effort to reduce traffic, cut pollution and save gasoline. Poolers also could save money, a committee spokesman said. The program will use the office of the Phoenix Central News the Park Central Shopping Center's weekly publication as a clearinghouse, said A.

LcRov Ellison, committee spokesman. The plant, said fJW Thomas J. Connors, 'J': a Motorola vice nrpsinont will rnn- V1 Workers will be asked to fill out cards giving information about their home and work locations and mail them to the office for computer-matching with workers in similar circumstances. Ellison, president of Cap-ex described the plan's details at a Monday afternoon press conference at the Phoenix Press Club. The committee, he said, is not sponsoring a car pool but enabling citizens to form their own pools to commute to work.

"Our program will test public acceptance of car pooling on a large scale first in the North Central corridor a ea jefore possibly Valley-wide," Ellison said. centrate on dev el- SiX-'l anu- opment and facturc of minute State workers will press for 8 pay hoost The Arizona Public Employees' Association will ask the legislature for a state pay raise of 8 per cent across the board, plus fringe benefits adding 7 per cent or more. This was disclosed late Monday by Carl Heppler. APEA executive director, who spoke at a meeting of APEA members in the Mate Highway Department. The disclosure came as the State Personnel Board prepared to meet today to hear recommendations from its slaf that reportedly call for a 6.75 per cent state pay raise.

The staff also is reported to favor some but not all the new fringe benefits sought by the APEA. Heppler said the APEA's goals in state compensation for next fiscal year starting July 1 include: A special salary survey next July and August to sec if additional state salary chances beyond 8 per cent shculd be instituted in January 1D75. Addition of two higher pay steps to the pay range for each state job. the job holder s'arting on the bottom step can receive six annual promotions instead of four before reaching the top pay f-r his job. Payment of time and a half for Continued on Page B-2 transistors.

recti-liers. diodes and similar electronic devices Connors, general Rules 011 power cuts adopted; break for industry is asked the program will begin as He said follows: The entire facility has a "low pro-file" appearance. Connors said. Clusters of one and 2-story buildings will range in height to a max-mum of feet. A shoulder-height landscaped herm will enclose the property, including parking areas, to provide a neighborhood ecological balance, the Motorola executive said.

"The entire plant will have a setback from adjacent he said, to provide parkway landscaping. Motorola's Integrated Circuits Center in Mesa approximately the same size as the projected semiconductor center won an award for architectural from Modern Architecture magazine recently. Bovay Engineers has been selictd as lead engineers for the project. Var-ney. Sexton and Sydnor Associates are the architects.

About l.W persons who attended Monday's luncheon at Holiday Inn heard Mayor Dale Shumway welcome Mo'oro-Continued on Page B-2 By BILL KING curtailment rules Require fuel short utilities to reduce Electrical service manager of Motoro- Connors la's Semiconductor Products Division, said first-phase construction costing about $6 million is targeted to start within 60 days on the facility. Tempe city officials will be presented a construction plan sometime in February, he said. Actual start of construction on the lfiO-acrc parcel in the fast-growing southeast Tempe area hinges on approval of plans by the city. Connors said more than 1.500 persons will be employed when phase I construction is completed by the end of 1974. Eventually, the facility is expected to The Wednesday issue of the Phoenix Central News will contain more than 40.000 information cards to be filled out by workers.

The issue also will contain a map of the county divided into sections of locating homes and working places. Workers interested in car pooling will fill out cards, giving their first initial, last name and home and work section numbers. Then they will mail the cards to the Phoenix Central News office. The newspaper's Jan. 30 issue will carry a list of names, section numbers and business phones, matching persons with similar work trips.

Matching will be done by computer. The Phoenix Central News Is mailed to 6.000 Central corridor businesses weekly and several thousand extra pics of the Wednesday issue will be Con tinned nn Pnge B-t service to their industrial, commercial and residential customers by approximately equal percentages, unless the utilities have developed and obtained commission approval of different curtailment guidelines. Automatically change the commission curtailment rules to conform to any contrary rules issued by" a superior jurisdiction. The latter "gives away" some of the commission's authority, Garfield maintained, despite assurances to the contrary from Assistant Attorney General Charles Pierson. Garfield said he would write a proposed amendment to narrow this rule.

He complained he was unable lo urpo Continued nn Page B-2 were adopted Monday by the Arizona Corporation Commission, with Commissioner Ernest Garfield saying he will write a proposed amendment to give industry first call on available power. Garfield said he thinks people would prefer to have their household power cut off before electricity is curtailed at their jobs, imperiling paychecks if a power shortage develops. He expressed dissatisfaction with two rules the commission adopted as emergency measures, subject to a public hearing to determine if amendments arc needed. The rules were drafted at the rommission's request by a committee nf power distributors and users and regulatory officials. The two criticized hy Garfield will: CR Mill rnu IlMXH CAN fc VEW HAS? CN Tn A.WAT.tti'n.MTEN TD FSM FAU.IJb St.