St. Louis Post-Dispatch from St. Louis, Missouri • Page 3

January 22,1979 ST. LOUIS POST-DISPATCH Proposed Law Would Protect Tenants Changes Threaten Health Care Cost Bill hospitals and consumers could be stripped of cost-cutting ability through a series of exemptions added as amendments in the Senate. The measure would create a 15-member regulating board, made up of eight consumer representatives and seven representatives of health care professions, including at least one insurance representative. The board would rule on proposed facilities and programs costing more than $150,000, including hospital construction and equipment purchases. The board could apply sanctions to ensure compliance, but rulings could be I i 'r 11 Balance must be restored so that those seeking decent housing receive the same considerations as the landlord who offers it." The bill has not been assigned a hearing date by the House Judiciary Committee.

But its principal opponent last year, the Missouri Realtors Association, has scheduled a meeting Jan. 23 in Kansas City to consider a final position on the proposal. Tom Ryan, a staff attorney for the SINGER'S FUNERAL: Singer Roberta Flack attending the funeral of singer-songwriter Donny Hathaway Sunday in St. Louis. Hathaway won a Grammy Award for a song he had recorded with Miss Flack.

(UPI Telephoto) 1,500 Attend Services Here For Singer Donny Hathaway Two Catholic Hospitals End Talks On Merger By J. PULITZER Of the Post-Dispatch Staff Renters in Missouri would be protected from retaliatory evictions and the withholding of security deposits by landlords under legislation filed by state Rep. Ed Sweeney, D-St. Louis. Other sections of the bill would establish a small claims court for minor repairs on dwellings and would allow tenants to use their rent to pay utility bills when a landlord has failed to meet that obligation.

"People recognize that Missouri has not kept pace with changing housing conditions, nor with the move in other states to bring landlord-tenant laws up to modern expectations," Sweeney said. Missouri case law, he noted, has never established "an implied warranty of habitability," or the landlord's obligation to provide a dwelling fit for human habitation. He said such legislation was long overdue. This year, the bill has been assigned to the House Judiciary Committee, where it languished and died last year after one late-session hearing. But supporters note that such legislation was favored in Gov.

Joseph P. Teasdale's legislative message Jan. 3, and they say his support gives the bill a better chance. Teasdale, noting that one-third of all Missouri residents live in rental housing, said Missourians have the right to "fair Fraternity Pledge Left On 1-44; Hurt By VICTOR VOLLAND Of the Post-Dispatch Staff A sophomore at the University of Missouri at Rolla, who apparently was beaten after being let out on Interstate 44 during a fraternity initiation, remained unconscous today at Firmin Desloge Hospital here. The student, Randy Heller, 18, of Lebanon, had been left on Interstate 44 just outside Rolla about 2:30 a.m.

Saturday, and had been told by fraternity members to walk back tojhe Delta Sigma Phi house, about a mile away. He was found by a highway patrolman a half-hour later lying on the shoulder of 1-44, about three miles east of where he had been let out. Heller underwent brain surgery over the weekend for extensive head and face injuries. But he has not regained consciousness, leaving authorities without clues to what happened. Trooper Morris Lambert of the patrol's Troop I headquarters in Rolla said Sunday night in a telephone interview that fraternity members had told him that Heller had been told in advance that finding his way back to the fraternity was part of his initiation, and that Heller was not drunk or handicapped in any way.

A passing motorist spotted Heller and notified the patrol by citizens band radio. Lambert went to the scene and found Heller unconscious and bleeding from the forehead. Lambert said he could not determine whether Heller had been struck on the head or hit by a passing vehicle. Heller was taken to Phelps County Hospital in Rolla and later transferred to Firmin Desloge. There was no identification on Heller when he was found, but it was learned later that he had left his wallet at the fraternity house before the initiation stunt, Lambert said.

Jackson said Robinson had been "a great spiritual" inspiration in Hathaway's life. Among the mourners were Roberta Flack, with whom Hathaway recorded a Grammy award-winning album in 1973 and singer Stevie Wonder, who had been a close friend of Hathaway. At one point in the service, Miss Flack appeared overcome with grief, reaching out to Wonder. The two sat holding hands as Robinson sang "The Last Mile of the Way." Many fans and friends of the family were turned away once the church was filled. And some of those attending were forced to stand throughout the two-hour service.

Nearly 100 others braved the cold, waiting outside and hoping for a glimpse of the celebrities and Hathaway's family. Crippling amendments in the Missouri Senate could thwart proposed legislation designed to trim health care costs by preventing over-expansion of medical facilities, a meeting of the Greater St. Louis Health Systems Agency was told Saturday. Missouri is the only state without a so-called "certificate of need" system, under which hospitals and others must prove in advance that they need new facilities. Federal regulations require the state to establish such a program or face loss of federal funds.

But state Sen. Harriett Woods, D-University City, told agency members that a "consensus" bill proposed by treatment, should they rent." "While we strive to offer equal treatment to the purchasers of homes, we cannot ignore the inequality in the landlord-tenant relationship," Teasdale said. "Present laws and practices reflect an unjustified bias against the renter. Tenants are subject to void and unenforceable lease provisions. They are forced to relinquish excess and non-refundable security deposits.

The rights and responsibilities of both parties need to be more fairly and clearly defined. Randy Heller Lambert said fraternity members told Lambert that they had no idea how Heller had got three miles from the site where he had been dropped off. Sam Burton, director of student personnel at the Rolla school, said his office had been investigating the incident but had uncovered no evidence indicating that the fraternity was responsible for the incident. However, "hazing" cruel or punitive initiation tasks demanded of fraternity pledges is strictly against university regulations and is cause for disciplinary action, Burton told the Post-Dispatch. He said it was the first instance of hazing he had heard of in several years and indicated that he would investigate the incident.

Disciplinary action could range from a verbal or written reprimand to expulsion of the fraternity chapter from the campus, he said. Rolla is about 100 miles southwest of St. Louis. youth will be charged under the juvenile code Kessler, 54, of the 9500 block of La Jolla Drive in Olivette, was shot once in the right side during a robbery at his office at 710 North 13th Street. He is reported to be in stable condition at a hospital.

Nearly 1,500 persons attended the funeral here of singer Donny Hathaway. The New Jersusalem Missionary Baptist Church at 2506 Benton Street was filled to capacity Sunday with fans who had come to pay their last respects. Hathaway, who grew up in St. Louis, died Jan. 13, after falling 15 stories from his New York hotel room.

He was 33. Police said that his death was a suicide. The Rev. Jesse Jackson, of Chicago's Operation PUSH, delivered a stirring eulogy, calling Hathaway a genius and compared his musical talent to that of Mozart. Jackson shared the pulpit with St.

Louis gospel-singing minister, the Rev. Cleophus Robinson, who had lead Hathaway's family into church reciting the 23rd Psalm and sang the gospel hymn, "Precious Lord." Drano Used Is Swallowed A 17-month-old north St. Louis County boy swallowed liquid Drano Sunday, just three days after a test using Drano to determine the sex of an unborn child was publicized. Dr. Carl Ingber, an Overland pediatrician who treated the child, said the boy swallowed the strong alkaline drain cleaning product when his mother left it in a glass after performing the test.

The boy, whose identity was not released, was in good condition today at Christian Hospital Northwest, Ingber said. The pediatrician warned parents who perform the test to put the Drano out of the reach of their children. "Children ingest Drano all the time, unfortunately," he said. "My first thought when this test was reported (in a United Press International story in last Thursday's Post-Dispatch) was 'Oh, no. Here's another way for kids to get at that The test, made public by Dr.

Sidney Nelko of Winnipeg, Manitoba, involves Missouri Public Interest Research Group, which drafted the proposed bill, said his group has worked closely with the Missouri Realtors Association to find an acceptable compromise. A provision entitling tenants to deduct rent for minor repairs that a landlord failed to make after 30 days' notice was dropped at the urging of the Realtors Association, Ryan said. The remedy of a special small claims court was substituted, meaning an average wait of four to six weeks for a judgment, he added. "But that section is for minor repairs," Ryan said. "Anything that endangers health or safety would be by the housing code." The section regulating security deposits would permit landlords to charge a maximum deposit of one month's rent for an unfurnished dwelling, an additional half-month's rent for furnishings and an additional half-month's rent if the tenant has a pet, Ryan said.

Landlords would be required to return security deposits within two weeks after a lease is terminated, or provide an itemized list of deducted repairs. Landlords who withhold security deposits could face a penalty of twice the amount withheld if found at fault in small claims court, Ryan said. The bill also would prohibit lease agreements that require tenants to pay attorneys' fees for landlords in a lawsuit related to the agreement, he said. A memorandum outlining the negotiations is to be distributed today among hospital staff members to dispel any rumors, Hyland said. Sources told the Post-Dispatch that the Executive Committee of the hospital's medical staff first learned about the proposed merger at a meeting Jan.

13. As of Feb. 1, the medical center will have a new executive administrator to replace George P. Casey, who has resigned, officials said. Casey could not be reached for comment, but a high-ranking hospital source said Casey's resignation was for "personal reasons" and not related to the negotiations.

St. Anthony's Medical Center is a $22 million complex, completed in 1975 on a 60-acre tract at Kennerly Road and Missouri Highway 21. It replaced the hospital's 75-year-old facility at 3520 Chippewa Street in south St. Louis. A supermarket now occupies that site.

The new complex consists of a 329-bed main hospital, an 80-bed alcoholic treatment center and a 240-bed extended care facility. DePaul, at 12303 DePaul Drive, was founded by the Daughters of Charity of St. Vincent DePaul in 1838. Originally in north St. Louis, it was the first Catholic hospital in the United States and the first hospital west of the Mississippi River, Sister Lindner said.

The 655-bed health center includes the main hospital, St. Anne's Division for the elderly and St. Vincent's Division, a psychiatric facility. As evidence of St. Anthony's financial health, Hyland, the regional vice president for CBS radio here, cited the center's ongoing expansion program.

He said also that St. Anthony's move to St. Louis County from south St. Louis had been "a tremendous success." The St. Louis County Planning Commission will conduct a public hearing tonight on the hospital's latest construction plans a proposed 147-unit apartment complex for handicapped persons and the elderly.

The units would be built on 7.7 acres situated on the southwestern section of the hospital grounds, officials said. Hyland described the project as "a natural thing to be on the hospital campus," and noted that a similar apartment complex was constructed on the grounds of another hospital operated by the Franciscan Sisters. That complex has "been very successful," he said. icbinst WILL SAVE YOU 50 AND MORE OVER NEW CABINETS DOES MAKE A DIFFERENCE AND OUR SIDING HAS A VINYL COATING FIVE TIMES THICKER THAN ORDINARY FINISHES AND DON'T FORGET TO ASK ABOUT OUR HAIL PROTECTION WARRANTY. IT DOES MAKE A DIFFERENCE AND REMEMBER "R.E.K.

WAY TODAY AND EVERYDAY" MORE INFORMATION AND OUR FREE COURTEOUS SHOP-AT-HOME SERVICE i In Sex Test By Toddler mixing two teaspoons of liquid Drano with two teaspoons of the mother's morning urine. If the solution turns brown or golden in color, it indicates that the baby is female; if green, male. Nelko reported that the test may be accurate up to 85 percent of the time. Ingber said the strong alkaline qualities of Drano, however, may not make the test worth the effort if young children are in the house and can get at the drain cleaner. "The stuff just burns the dickens out of human tissue," he said.

The worst danger of swallowed Drano is that it can eat away at the esophagus, Ingber said. Fortunately, he said, the child he treated Sunday had not swallowed much of the poison and received primarily mouth and lip burns. A spokesman for the St. Louis Poison Control Center at Cardinal Glennon Memorial Hospital said the center received 153 reports of accidental acid and alkaline poisoning in last year, and 128 such reports in 1977. By JO MANNIES Of the Post-Dispatch Staff St.

Anthony's Medical Center in south St. Louis County has been negotiating a merger of services with DePaul Community Health Center in Bridgeton for at least four months, the Post-Dispatch has learned. But talks between the two Catholic hospitals ceased Saturday and are not expected to be resumed "at any time in the near future," said Robert Hyland, president of the board of directors at St. Anthony's, situated at 10010 Kennedy Road. Sources close to St.

Anthony's have said the hospital had overextended itself financially during its expansion program, which has included an addition to the main hospital, an alcoholic treatment center and an extended-care center. Hyland, however, denied the reports. "I want to emphasize that this hospital is in a very strong financial position," he said. "We didn't even have to hold a fund-raising drive this year The idea was for both organizations to review ways to improve health care in the St. Louis area.

One way was to share services." Hyland said that current talks, proposed by St. Anthony's, concerned "a transfer of sponsorship" to the Daughters of Charity of St. Vincent DePaul, who operate DePaul Community Health Center. St. Anthony's has been owned for the last 12 years by a board of directors made up of laymen and the Franciscan Sisters, the hospital's founders.

Sister Mary John Lindner, a spokeswoman for DePaul, acknowledged that the negotiations had been conducted. "But any comments at this point would be premature," she said. Sister Lindner said also that the reason for the talks was "a concern for improvement of health services in the St. Louis area." Hyland said that discussions between the two hospitals began "four or five months ago" and ended Saturday, when St. Anthony's board of directors held a six-hour meeting.

The board decided then to cease the talks, Hyland said, because several issues had not been resolved. He declined to give further details. Hyland said no new negotiations were scheduled "for the immediate future. In months, a year or two years, things could happen," he added. "But not now." sptacement Windows A REAL ENERGY SAVER ALL YEAR AROUND UP TO 30 FUEL SAVINGS ALL WINDOWS ARE MADE WITH DUAL GLAZE THERMAL INSULATING GLASS.

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