The Des Moines Register from Des Moines, Iowa on March 19, 1991 · Page 3
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The Des Moines Register from Des Moines, Iowa · Page 3

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Tuesday, March 19, 1991
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Tuesday, March 19, 1991 B THE DES MOINES REGISTER 3A Kidnapping case to go to the jury By FRANK SANTIAGO Retailor Staff Writer NORFOLK, NEB. - Did David Phelps kidnap 9-year-old Jill Cutshall as he once indicated he did and later denied? Or is the 27-year-old Iowa native innocent, a man intimidated into making a confession by a gun-wielding private investigator labeled derisively by police as the "the big dummy"? After listening to two weeks of testi mony, a jury of eight women and four men are expected to begin pondering those questions today. The outcome in a case that has drawn national attention including a segment on CBS' "60 Minutes" in December 1989 is important to many. Phelps faces a life sentence if convicted. Joyce Cutshall, the girl's mother whose efforts helped bring Phelps to trial, has devoted more than three years to seeing the case come to court. Anxiety Attack Sunday, after suffering what she said was an anxiety attack, Cutshall, who has been at the entire proceedings, was rushed to a hospital for treatment. Standing outside the Madison County District Courtroom in Madison, Neb., Monday, Cutshall said she had recovered. Both sides rested their case Monday and prepared for final statements today. Disappeared in 1987 Jill disappeared without a trace on the morning of Aug. 13, 1987. She was last seen on the steps of her baby sitter's home in Norfolk where she arrived before the baby sitter expected her. Phelps had lived in the same rundown apartment house where Jill stayed for the summer with her divorced father. The girl never has been located, but clothing she was wearing on the day she vanished was found by a hunter in a heavily wooded, marshy wildlife area southeast of Norfolk. Phelps, a pale, boyish-looking native of Perry, la., who held odd jobs, was taken to the wildlife area by investigator Roy Stephens two years ago. Frustrated by the lack of progress by officials and by what Stephens thought was Phelps' unwillingness to discuss the kidnapping, Stephens produced a handgun and fired a shot into the air. Television Interview A shaken Phelps later gave an interview in a Norfolk motel room to an Omaha television reporter summoned to the room by Stephens. In that taped interview, parts of which were broadcast, Phelps said he and a roommate, Kermit Baumgart-ner, drove the girl to a cemetery near the wildlife area. There, he said, he held the girl while Baumgartner disrobed her. Phelps said he got back into the car and left the two at the cemetery, about 1.2 miles from the Wood Duck Preserve where the nlnthoa arorA fnnnrl Shortly after the interview, Phelps recanted the story during an interro gation by police. Baumgartner, a witness and now a resident of Lodi, Calif., denied any in volvement. V- 'A v -J DAVID PHELPS Jeffrey Scott White: Driving record May 23, 1990: License suspended - failed to file for high-risk insurance Dee. 23, 1989: License suspended - failed to file for high-risk insurance Sept. 7, 1989: License suspended as a habitual offender April 15, 1989: Conviction - driving under suspension Feb. 27,1 989: Convictions ' driving under suspension, speeding . Dec. 10, 1988: Conviction - driving without a license July 19, 1988: License suspended - failed to file for high-risk Insurance Aug. 26, 1987: License revoked failed to pass drunken driving test Aug. 5,1 987: Convictions driving under revocation, drunken driving Oct 19, 1986: License revoked - refusal to take drunken driving test Oct 17,1986: License revoked refusal to take drunken driving test Sept. 28, 1986: Conviction reckless driving Aug. 24,1986: Convictions - drunken driving, speeding July 20, 1983: License revoked - deferred judgment, failed to pass drunken driving test SOURCE: Iowa Department of Transportation 3 die in car crash Continued from Page One White's driving record. "Right now we're in the investigative stage, but I would anticipate that significant charges will be involved here," Nielsen said. He said he expects to make a determination on possible charges within 48 hours. Shirley Hartman, the city clerk in' Macedonia, said White lives with his grandmother, Janice White, who raised him. His grandmother "is a lovely older lady and everybody has a lot of feelings for her," she said. Janice White could not be reached for comment Monday. Hartman said it is well known that i White repeatedly had gotten into trouble. "He didn't go to school. He'd 5 have been lucky to get up to eighth 5 grade here. That's about as far as he got," she said. - STATE CAPITOL Senate still pursuing plans to cut spending House approval last week of a $71 million income tax increase for the wealthiest Iowans does nothing to alter plans in the Senate to develop a balanced state budget through spending cuts, Senate Majority Leader Bill Hutchins, D-Audubon, said Monday. wmm "There's now CAPITOL BRIEFING two cards on the table," said Hutchins. "There's the governor's budget, and there's the House plan." Hutchins said Senate leaders are proceeding with plans to develop a budget for fiscal year 1992 that will be "less reliant on new revenue measures." Hutchins said he expects the Senate version of the bill to reach the floor for debate during the week of April 1. House OKs resolution on ship's silver service The Iowa House Monday fired a shot across the bow of the U.S. Navy in calling for the return of a 42-piece silver setting that had been removed from the mothballed battleship Iowa and placed on an aircraft carrier. The Iowa Legislature paid $5,000 for the silver service in 1896, but its present worth is estimated to be $300,000, according to lawmakers. The service set has been aboard two USS Iowa battleships and the cruiser USS Des Moines. Lawmakers contend the silver service should be returned to Iowa until the Navy re-commissions the battleship, or builds another ship with an Iowa-related name. The resolution, which the Senate adopted March 11, was approved by the House on a voice vote. Bill targets private clubs with race, sex bias A bill aimed at private clubs that discriminate against women or minorities was approved Monday by the Iowa House on a 92-1 vote. Individuals or businesses that patronize such clubs would not be able to take a state income tax deduction on business expenses incurred at the clubs. "This legislation says that if you're going to use those services and facilities, that's OK. Just don't deduct from those taxes that women and men and blacks and whites pay equally in this state," said Rep. Mary Lundby, R-Marion. The bill, modeled after a California law, goes to the Senate. House panel approves bill on mental health services A plan to distribute $10.5 million in state money to counties for mental health services was approved Monday by a House committee. Legislators want the state to shoulder more of the cost borne by county property taxpayers for providing services to the mentally ill and mentally retarded. But the plan adopted Monday sets no specific goal. One-half of the money would be based on a county's population and the balance would be based on county spending for mental health services. The bill now goes to the full House. The Regittor near Corning "This kid was getting out of one jam after another, and he was getting let free. It's really sad to see this end up this way," Hartman said. People continue driving for a variety of reasons, and it is causing problems in Iowa, Dillinger said. Asked what can be done to prevent such motorists from getting behind the wheel, he said, "All we can do is take their driver's license away from them." The death of the three people in Sunday night's accident could provoke further debate In the Iowa Legislature on the issue of drunken driving and license suspensions and revocations. Gov. Terry Branstad has proposed lowering the blood-alcohol threshold for drunken driving from .10 to .08 and for tougher suspension measures. Democrats have opposed changes, saying authorities should work harder to enforce existing laws. REPORT quote of the day ;:: Vtsi :!' : ..v;f;:8 V iil don't know a way in the world to raise a hog without some smell.)) Rep. Teresa German, R-Ames opposing restrictions on hog lots near state parks Panel delays debating rules on livestock By JONATHAN ROOS Retailor Stall Writer A volley of criticism of a bill that would enable state officials to restrict construction of large livestock facilities near state parks forced a legislative committee Monday to postpone debate of the measure. Several members of the House Natural Resources and Outdoor Recreation Committee objected to the proposal because they said it would infringe on property rights and would give the Department of Natural Resources too much authority. "I'm concerned that we're painting with a broad brush and protecting areas that don't need to be protected, and we're causing an additional nuisance for some farm operations that don't have an environmental problem," said Rep. Deo Koenigs, D-Osage. Rep. Teresa Carman, R-Ames, agreed: "We're giving the DNR an awful lot of power for granting permission to set up a facility." Supporters of the bill said it would give the department the ability to deal case by case with proposed agricultural or industrial facilities near state parks or nature reserves. Committee Chairman Dennis Black, D-Newton, said the public wants parks protected. He said the bill, possibly with modifications, would be brought for a vote by the end of the week. The bill would require state officials to take into account a variety of factors in establishing rules to protect parks from of pollution. Rules could require that hog confinement facilities, for example, not be built within a mile or more of a park unless a variance is granted. Similar environmental legislation, sparked by complaints of odors or pollutants reaching parks from nearby livestock operations, has been proposed before, but supporters have had trouble marshaling enough votes. Iowa rainfall amounts prove tough to gauge mum 1 Continued from Page One ports more precipitation than other nearby reporting stations, Hillaker said. e On June 12, 1990, there was a trace of precipitation at the airport in Des Moines, but the Merle Hay Mall-area station reported .56 of an inch and Urbandale had 1.11 inches. e On June 30, 1990, the Des Moines airport reported 1.34 inches and the rest of the town was almost dry. A comparison of 25 rainstorms from April 27 to Aug. 20, 1990, shows 28.31 inches of rain fell in the Merle Hay area of Des Moines while 23.16 inches fell at the airport, a few miles away. Heat generated in urban areas can create stronger updrafts than in the surrounding countryside, Hillaker said, and such updrafts "might make it a little more likely to have thunderstorms develop over a city." That means the city or the area downwind from the city might be more likely to receive precipitation. "We know it works that way in places like St. Louis and Chicago," Hillaker said, "but whether it's that way in Des Moines I don't know." A 30-year study ending in 1980 showed annual precipitation averages can differ significantly in the same area. For example, Ankeny averaged 30.37 inches of precipitation during those years while Indianola, some 25 miles south, averaged 33.18 during the same period. House slashes funds for state mswuie , Continued from Page One money for the institute. "Priorities for our spending have to be elsewhere. I encourage the private sector to support it, and they are." Rep. Phil Wise, the Keokuk Democrat who supervises the institute's budget, successfully restored part of the money, but he said legislative support is waning. "It came very close to getting zeroed out," Wise said, noting that Rafferty's amendment failed on a tie vote. Wise said he supported a lower figure to give the institute time to "wean itself off our revenues. . . . You can't cut it all in one year." The state's contribution this year made up about 45 percent of the institute's budget. Normal Rivalries Wise said some of the effort to cut the institute also was part of the normal rivalries between the House and Senate. The chairwoman of the institute's board is Jean Lloyd-Jones, an Iowa City Democrat who is a leader in the Senate. Wise said he expects she will insist that the institute be fully financed as part of any final budget agreements reached with the Senate. Anderson said the institute needs to do a better job of explaining to lawmakers what it does. "We're not peace demonstrators," he joked. He said the institute holds "global understanding" programs for teachers and holds workshops to help develop mediation skills that help managers resolve conflict. The institute also plays host to foreign guests in Iowa. Anderson also said the institute is involved in economic and trade development programs. It has held workshops for business executives to help them develop international understanding. A peace institute staffer works with the Department of Economic Development. Religious exemptions survive By THOMAS A. FOGARTY Register Stall WrHtr On an issue that pits religious freedom against the rights of children, the Iowa Senate on Monday narrowly rejected an effort to repeal exemptions from child health laws now afforded to those who object on religious grounds. "If you care about kids, then you should support this bill," said Sen. Linn Fuhrman, R-Aurelia, manager of the bill to repeal the exemptions commonly associated with Christian Science and other religions that view prayer as the most effective means of healing. But a coalition of conservative lawmakers and civil libertarians voted to block the bill, which failed, 24-22. Twenty-six votes were needed for passage. "If they believe so strongly in prayer and in their own religious faith, I don't want to interfere with that," said Sen. Jean Lloyd-Jones, D-Iowa City. "The right to exercise your religious beliefs takes precedence." Iowa law affords a series of exemptions on religious grounds in matters of public health. Among the requirements from which a parent may opt out for religious reasons are screening for metabolic diseases in DEATHS .owa ACKLEY - Haian M. Schatar, 12; Irvln Stubbe, 74. ALDEN - Lol A. Warschko, 5. ALTA - Imalda McDarmotl, 65. BETTENDORP - Ronald G. Lampo, 52, Paul V. Carroll, 71; ftobart E. Duncan, 57; Mary W. Flnatlald, 71; C. Chaslar Lupton, 75; Ma l thaw E. Stewart, 29; Janet P. Tltsworth, 70. BONDURANT - Robert W. Blea, 45. CLIVE - William J. Coughlln, 47. DAVENPORT - John F. Oweni, 34; Mildred A. Hallmann, 69, Florence C. Starling, 75; Geraldlne M. K Inane, 84; Wilbur J. O'Leary, 77; Richard L. Johnston, 57; Helen Thoma, 62; Violet M. Pasvogel, 71; Donald E. Savage, 81; M, Holwlll Hammell, 19; Evelyn M. Kahler, 77; Welter R. Ehrmann, 76; Alice Norman, It; James A. Thompson Jr., 50; Maurice C. Berg, 67. DES MOINES - Mary H. Craig, 95; Helen M. Elchner, 10; Clarence R. Garson, II; Lenore Handfore, 66, Wendell Kuhienbeck, 27; Doras R. Mlddlelon, 54. DE WITT - Herbert C. Soenksen, 73. ELGIN - Karl F. Melnhard, 16. FAIRFIELD - Elmer E. Jennings, 13; Dorothy St. Clair, 71; Richard J. Mlckelt, 74; Florence M. Kane, 15. GREELEY - C. Darlene Allen, 79. GRUNDY CENTER - Elsie Schuli, S3; Henry Bellenga, M; M. Lucile Maunstain, 74. HARLAN - Oda Martens, 77. HAZLETON t- Elsie E. Weltman, 93. IOWA FALLS - Marie Schmoeller, 13. LECLAIRE - Ethel L. Hueltman, 79. MANCHESTER - Louise H. Drees, 69; Harl Hemblln, 6a; Harold F. Puftett, 75; Bennle E. Worm, 97. MANILLA - Myrtle Meyer, 12. NORWALK - Margaret J. Graeber, 74; David L. Carpenter, 40. ORIENT - Elton Hoepker, 73. Students will vie in area citizen bee Three dozen high school students from 12 central Iowa schools will compete March 26 at the Des Moines Area Regional Citizen Bee at Drake University. Patterned after spelling bees and sponsored by the Close Up Foundation in Washington, D.C., the Citizen Bee will question students on U.S. history, geography, economics, U.S. government and current events. The top three students in the local event will advance to the state final April 27 in Des Moines. Consultant's report bacts state-owned fiber-optics By JONATHAN ROOS, DAVID YEPSEN RMM stall Writers The Iowa Legislature should move ahead with plans for a state-owned telecommunications network, a consulting firm hired by legislative leaders has concluded. The accounting firm of Ernst & Young in a report released Monday supports a $77 million contract for the backbone of the Iowa Communications Network, which would link schools and colleges around the state with fiber-optic cables. The contract was awarded in December by the Department of General Services to Kiewit Network Technologies Inc. of Omaha. But the project was placed on hold by the Legislative Council because of concerns over the cost and competition with telephone companies. Major Boost Sen. Richard Varn, D-Solon, said the favorable review of the Kiewit proposal by a disinterested expert provides a major boost for the proposed fiber-optics network. "This validates everything I've known all along after having spent hours and hours and hours studying it," said Varn. "I knew this is a good proposal and that we should go forward with it." Department of General Services officials also were encouraged by the report. "We haven't ordered any champagne yet, but we are cheering here," said Glen Anderson Jr., director of communications for the state agency. But while the report bolsters the case of legislators who say a state-owned telecommunications network is needed, it does not end the debate. Faced with a budget crunch and pressured by lobbyists for the telephone industry, other lawmakers would like to scrap the project in favor of leasing transmission capacity from tele- infants, immunizations for school children and application of eye drops in newborns. The law also specifies that the withholding of medical care does not constitute child abuse. Lawmakers had debated the emotionally charged bill on three occasions this year before reaching a vote Monday. Fuhrman, the bill manager, told colleagues that Iowa is one of only a small number of states that still grant religious exemptions. He said children have suffered unnecessarily as a result of the exemptions. "It's a tragedy when children are left untreated for childhood diseases," Fuhrman said. But Sen. William Dieleman, D-Pel-la, accused supporters of trampling on religious freedom. "I see no compelling state interest in doing this," said Dieleman. Sen. Larry Murphy, D-Oelwein, a supporter, said repeal of the religious exemptions would be appropriate. "We're talking about minors," said Murphy. "We've always had limits on religion. We don't allow bigamy in this state." PARKERSBURO - Evelyn Jungllng, 69. PETERSBURG - Anastasla R. Wlllenbrlng, 75. PORTSMOUTH - Rom Pauley, 91. PRAIRIE CITY - Verda Berkenbosdl. 79. READLYN - Beata Abbs, 74. REMSEN - Josephine Vaske, 67. RICEVILLE - Nina G. Bensend, 19; Lester Piper, 67. RICHLAND - Shirley Morgan, 31; Alia Niece, 12; Lettle Carrlker, 91. RIDGEWAY - Amanda M. Thompson, IS. SIGOURNEY - Ronald Blanlon, 46. SIOUX CITY - Marvin Stabe, 77; Marie Smith, 76; Arnold Oehlerklng, 71; Luella Olson, 70; John Crawford, 71; Raymond Clark, 74; William Bride, 79. SPIRIT LAKE - Julia Baedke, 75; Luclle Bryan, 79. STORM LAKE - Homer Beck, 76; H. Anthony Mahn, 70. STRATFORD - Harold Angstrom, 67. SUMNER - Erna Stone, II; Dave Nladert, SO; Merle Block, 71. VINTON - Louis L. Lvon, 7$. WATERLOO - Emma Hutchinson, 91; Florence Edgerton, 16; Helen M. Tovar, 66; Gertrude Woli, 13; Dr. K. Robert Ernst, 67; Edith E. Grassley, SO; Louise C. Roe, 17; Arvlne E. Hughes, 66; Bessie E. LauDer, 74; Carolyn W. Agular, 62; Elliabelh Pulley, 71; Lucille D. North, 77; Vincent L. Scheeter, M; Marilyn J. Cox, 61; Dorothy M. Kimball, 66; Joseph H. Meyers, 71; Robert B. Faxon, 73; Dr. Harold S. Friedman, II. WAUKON - Clarence Schnuelle, 76; Alberta C Wagner, 67. WEST DES MOINES - Irtga T. Janskv, 95; Ber- themale Newsome, 61 WINDSOR HEIGHTS - Roy Boalwrlght, 90. WINTHROP - Leona M. GrlswoM, M. CORRECTIONS I CLARIFICATIONS e The name of a State Board of Education member who abstained from voting on merging the Hedrick school district last Friday was incorrect in Saturday's Register. The story should have said that Ann Wickman of Atlantic and Mary Robinson of Cedar Rapids abstained. e An item in the Outdoor Calendar of Sunday's Big Peach sports section listed an incorrect phone number for additional information about the March 23 Environment Fair at Park Fair Mall in Des Moines. The correct number is (515) 244-5117. The Reenter strives tor accuracy and tekmeu. Erren In eur news cetumns we be tarretled IMS space. Readers wha believe the paper has erred may reojuesl a ten ec Hen bv MephenaM Bie ettka at the edttar at (SIS) 2M-IM2. network and THOMAS A. FOG ARTY phone companies. "People are skeptical," said House Appropriations Committee chairman Tom Jochum, D-Dubuque. "It doesn't sit up there with a lot of other priorities." Last week, for example, the House voted to eliminate a f 5 million appropriation for the project and spend the money instead on human services programs. Jochum said he did not think the report would change many legislators' minds. "If I were a proponent of this project, I'd be very concerned," he said. "Right now, it is in serious trouble." The consulting firm concluded that the benefits of a state-owned network outweigh the risks: State ownership would not seriously affect the business of private telephone companies or hinder the development of Iowa's telecommunications infrastructure. Service of comparable cost will not be widely available from the telecommunications industry throughout Iowa until the early part of the next decade. According to Ernst It Young, fiber-optics is the best technology. "We examined alternative technologies including satellite systems, microwave transmission and copper wire transmission systems, and conclude that none of these alternatives were either superior or more cost-effective than fiber optics," says the report. The accounting firm also concluded that Kiewit Network Technologies had made a reasonable offer that is "very advantageous to the state." Key Vote Coming While the plan suffered a setback last week, the key vote, on whether to proceed with the project itself, must - be taken by the House and Senate by April 5. Even then, some members do not believe it will be easy to stop the project. House Speaker Bob Arnould said authority to construct the project already exists in Iowa law as a standing appropriation of $5 million a year for six years. If Gov. Terry Branstad wants to continue with the project, he may already have authority to do so. Senate Majority Leader Bill Hutchins said that means if lawmakers - want to stop the project, they must repeal the program, but Branstad could veto such a move and proceed anyway. it BILLS IN THE LEGISLATURE PASSU IN TNI SINATI H.P. 1M - Changat lean coaaterel rtautramanti lor Halt bank. 47-0. To eovernar. 8.P. 14 - Establishes arocadurti lar Roar of .-eenls In setllne fan lar uftlvtrtllr students. -. Ta Houm IP. la? - Wolves worHne aarM lar alMaNc aantrt-aaiion whan achooi dntrlcn antar rade-iherine earoe-menn. 43-0. Ta Houm. S.P. nt Reeeon aralilant aHMa nautical partial la nommote candidal at con unlaw. 10-la. Ta Houm. 8.P. W - Make ntlaceeanoau cnanoe In ma au-tm at ttecrtd count officials. 4 7 -a Ta Houm. 8.P. 4 - Altowi tear and wine whotitaair la Mi disposable cues. 41-4. Ta Houm. 8.P. Ill - Reoulres aut-at-itala eredH cam cempe-nlat ta raalttar with Iowa reeulaiort. 47-a. Ta Houm. S.P. Ill - Chanaat schedui lor accreditation vltlh) by Iha lawa Department at Iducetton. It-If Ta Houm. 8.P. Ill - Requires UIWiv Sward la deveto a Ma-ettono system tor heartn Impaired, an. Ta houm. FAtLID IN THI SINATR S.F. 17a - Kaoaali rollaloui txamatton tram Immu-mulkxi lawk -24. A GANNETT NEWSPAPER PuWithed Mondev throuefi Saiurdav DES MOINES REGISTER AND TRIBUNE COMPANY 715 Locust Street Des Momes, la. SUM Vol. 14 No. no March 19, tttl Teleaaeae tat Service Director? To subscribe or to report a clrciaalkM stntct problem, pleawcal (515)284-6311 Or.toa-fret 1-B00-S6S-1OWA To arrant payment by mat or lor Mam questions, pltiM cal (S151 284-8080 Or,toa-lrM 1-800-365-IOWA To eurchase clanrHee aeVtrtkexj, pleas cal (51J) 284-8141 Or, lot-free . 1-8O0-53J-1S85 To ruck ntwi of lien, plus cat Des Moines ,,, (5151 284-805 (515) 232-2581 (319)345-7404 (31)12o-262 (319)351-6527 (319)233-2018 (202)347-9111 (515)284-8000 Cedar Rapids. Davenport.. Iowa City.. Witerkw.. WtNneton,D.C, Central buslntss phone Officers imi rjeyartaseeit Huts CHARLES C. EDWARDS JR. President and Pgbastier . GENEVA OVERHOISER Vk PrtskteM, Editor .. (515)284-8041 (515)284-8502 WILLIAM J.CHEE PreductkM Director ,.(515)284-8431 DIANE CLASS Vic Prestteat. Merkttaia, . JOHNM. MIKSICH VVe PresMeM, Clrciciuea . HENRY C. PHILLIPS Vk PrtskltM, AeVerUsaie. SUSAN A. SMITH Vk Preuem, Centroetr . .(515)284-8281 .(515)284-8310 . (515)284-8070 .(515)284-820 SUE A. TEMPERO Vk Presktmt, EmpkyH Retailor) (515) 284-8S8t) 8iaa1i Retail Prtcaa Dialer and vendor (iktoj copy) $ .33 Carrier (foot) In Iowa- days $1.75wttk Motor rout (meiro area) days 51.90we U.S. mallei Iowa) $2.70wk U.S.maKoutitdt Iowa) S3.90wtk The Dai nene Reenter kt aktrlautea by me Dee Atekiet Reenter and Trtoune Cemeaay and by Meeen-dent centreoer. M areas aerved by la ear, mean contractors, price may very Irani Die tueeesled rata The Dea Melna Reettier (USPS H4-7) kt . ashed dally aacaat Sunday tor aft per year (leal carrier) by me Oes Motnat Reenter and Trteune tomaTii. 7 IS Locust Street, Do Melnet, la. iOMt-lm' Second-can paatae eatd el Dae Mataet. la. Peamaa-ter: Send eddrew chance or tuaacrletlen auMtmte the Des Motae Reenter, ClrculeikM CwamanTpo froa e, do Moines, at. XOM-etU. ' uJl? rVHSHStlTjfT' twtwtver, t, the " y reproduction ef ad lee new printed at mn

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