St. Louis Post-Dispatch from St. Louis, Missouri • Page 19

Mav31, 19TH ST. LOUIS POST-DISPATCH Payoff Hearing For Architect By ROY MALONE Of the Post-Dispatch Staff The testimony in last year's kickback trial of former Missouri House Speaker Richard J. Rabbitt should be kept out of the state's proceeding to discipline four architects accused of being involved, an attorney for one of the architects argued Tuesday. This contention was made by Charles A. Seigel, attorney for architect Charles T.

Berger. He spoke during Berger's hearing here before Michael Horn, state hearing officer. The case against the four architects was brought by the Missouri Board for Architects, Professional Engineers and Land Surveyors. Each of the architects has been granted a separate hearing before Horn, who will make a determination on the charges. If he finds improper conduct, he will recommend disciplinary action to the board.

The architects' licenses could be suspended or revoked. Berger's hearing is the first to be held. It concluded Tuesday with Horn's taking under advisement the argument that the testimony from Rabbitt's trial should be barred. Seigel is to submit a brief on the question by June 30; Robert T. Ebert, attorney for the board, is to file a reply by July 14.

Rabbitt was convicted last July on 15 counts of mail fraud and extortion in connection with his official duties as House Speaker. He was sentenced to seven years in prison and fined $18,000. He has appealed the conviction to the 8th Circuit U.S. Court of Appeals. One of the charges against Rabbitt was that he and the St.

Louis architectural firm of Berger Field Torno and Hurley had a 10 per cent kickback arrangement in which the firm paid Rabbitt or his law firm in return for his influence in getting state design contracts. All four architects testified at Rabbitt's trial about the kickback arrangement under grants of immunity. The other architects, whose hearings will be scheduled later, are William A. Field, Paul J. Hurley and Laurent Torno.

A hearing will also be held for the firm itself. Ebert, the attorney for the board, decided to introduce against Berger only his own statements from Rabbitt's trial, not the full transcript. He said he felt that statements by others would not be admissible in the state proceeding. But Ebert said he probably would introduce the full transcript at the hearing for the architectural firm itself. Ebert, Seigel and Horn agreed that the ruling in the case of Berger probably would set the pattern for the rest of the hearings.

Horn said he would rule on Berger's case before proceeding with the others. Ebert said if Horn barred the trial testimony, "we're shot down. That's the end of the case." The federal government charged that the architectural firm paid Rabbitt $12,000 to gain contracts, with Rabbitt receiving 10 per cent of the fees in any such contracts. Berger and Hurley testified at the trial that the kickback arrangement started in 1967. The firm received three state design contracts between then and 1973.

They were for the dietary facility at St. Louis State School and Hospital in Bellefontaine Neighbors, an addition to a building at Moberly State Prison, and the general services building at the University of Missouri at St. Louis. J. if l' ix Arkansas Runoff For Senate Seat Compiled From News Services $3.99 to $14.99 lz 7 li LITTLE ROCK, Ark.

Gov. David Pryor of Arkansas and Rep. Jim Guy Tucker, finished one-two today in a three-way race for John L. McClellan's old U.S. Senate seat.

They will face each other in a June 13 runoff for the Democratic nomination. They narrowly edged out Rep. Ray Thornton, in a race that was not decided until almost the last handful of votes was counted. In North Carolina, Insurance Commissioner John Ingram won a surprise victory over Luther Hodges the son of a former governor and Cabinet member, to gain the Democratic nomination to face Sen. Jesse A.

Helms, in the fall. With all votes counted in North Carolina, Ingram had 244,695 votes, or 54.2 percent, and Hodges had 206,945 votes, or 45.8 percent. In Arkansas, with 2,794 of the 2,818 precincts or 98 percent reporting, Pryor had 192,595 votes or 35 percent, Tucker 179,729 or 32 percent, and Thornton 177,273 or 32 percent. Political unknown A.C. Grigson had 8,149 or 1 percent.

Tom Kelly, 35, of Little Rock, was unopposed for the Republican Senate nomination in the overwhelmingly Democratic state. Pryor was expected to easily receive one runoff spot. Tucker had been favored for the second position, but Thornton made inroads into northwest and eastern Arkansas, where Pryor was expected to be the strongest. Thornton credited his strong showing in rural areas of the state to his decision to resign from the House Judiciary Committee where he was placed in the national spotlight during the impeachment hearings of President Richard M. Nixon to become a member of the House Agriculture Committee.

Pryor ran against Sen. McClellan in 1972, forcing the aging conservative into a runoff before Pryor lost by 18,000 votes. McClellan announced last November that he would retire after six terms. One week later he died in his sleep. Pryor appointed a caretaker for the remaining year of the term, Kaneaster Hodges, who was prohibited by state law from seeking election to the office.

Attorney General Bill Clinton, 31, compiled about 60 percent of the vote to easily win the Democratic nomination for governor. If he wins in November as expected over A. Lynn Lowe, state Republican Party chairman, who was unopposed for the GOP nomination, Clinton would become Arkansas' youngest governor since 1849. nis monoqram a siqn or love Short Sleeve Shirts, reg. $6.

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