Reno Gazette-Journal from Reno, Nevada • Page 15

Eeno Evening Gazette fllONE 323-3161 RENO, NEVADA, THURSDAY, JULY 28, 1966 PACE FllTEEN Opinions by Dickerson i 1 0 Guards Catch Escapees Near Dayton Gazette-Journal Carton City Bureau Reno, Sparks Educators Face Legislative Candidacy Conflict 1 i I branches of government at the same time, and bearing directly on leaves of absence. He noted that Mathews had said "that resignation of an employe of the executive department for the purpose of serving as a member of the legislature, with reinstatement thereafter in the executive de I II A TV ton Wooster, seeking election to the Assembly from Reno-North Lake Tahoe-Storey. However, Wooster has indicated he will resign his county post if elected to the Assembly. An opinion by then Atty. Gen.

W. T. Mathews Nov. 24, 1954, ruled that George Harmon, a then newly accepted assemblyman, could not be apixuntcd as deputy county assessor. APPOINTMENT "Certainly if a duly elected member of our legislative Ixnly and who exercises the powers and prerogatives of a mo-liber of the legislative department of state government accepts an appointment to an office in the executive department and performs the duties thereof that then there is an ignoring of it not in fact a violation of the constitutional prohibition," Mathews wrote.

An opinion issued by Mathews a month later, although dealing specifically with state employes, said employes in the executive branch could not take leave to serve in the legislature. "It is the opinion of this office, that any legislative act empowering any official or person to grant leaves of absence from employment in the executive branch of state government for the purpose of exercising powers belonging to the legislative branch would be beyond the constitutional power of the legislature to enact. "No officer or any person exercising duties and functions in the executive branch possesses power to grant such leave," Mathews said. While the opinion dealt with state employes, other opinions establish that local political subdivisions are considered a part of the executive branch of government. The opinions are all primarily based on the provision of section one, article three of the Nevada Constitution, which provides: "The powers of government of the State of Nevada shall be divided into three separate departments the legislative, the executive, and the judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted." 'CLEAR' Dickerson, writing in an opinion of Sept.

21, 1956, said: "The language employed in Sec. 1 of Art. Ill of the Constitution of Nevada is clear and unambiguous. "It does not content itself with principles which must be apparent to any student of government, but lays down a strict rule which forbids an officer in one of the three departments from holding at the same time an office in either of the other two departments." Dickerson in an opinion issued April 30, 1958, saying a mayor could not serve as assemblyman, recalled both Mathews' opinion and one issued earlier by himself on the subject of serving in two Talking About Business Jack Howell, director of th Reno field office of the U.S. Department of Commerce, left, chatt with Harold McPherson, Small Butinett Administration officer from San Francisco.

(Gazette Photo) Businessmen Get Tips At Reno 'Workshop' Marriage Law Called Illegal Three Nevada State Prison in mates who escaped from the prison farm Tuesday afternoon were captured Wednesday afternoon. Two of the escapees, Earl Henderson, 31, and Leon Hulchins, 3.1, were taken into custody near Dayton about 10 miles from the farm where the trio worked as trustees. The third eseaiee, James A Lamb, was captured on the Santa Maria Ranch near Dayton by two prison guards at 5:15 p.m. lie offered no resistance. Hutchins was arrested by William W.

Fletcher, Lyon County deputy sheriff at about 12:30 p.m. Henderson was captured short ly after 1 p.m. by Nevada Game Warden William Rollins of Car son City. Fletcher, stationed at Silver Springs, said. "Hutchins told me it just isn't worth it." "He didn't put up any kind of fight," Ihe deputy said.

"I spotted him in a field on Win ters Ranch near Dayton and got out of my patrol car and headed toward "However, he came Immedi ately right to mv natrol ear and cave himself no." Fletcher said The deputy sheriff noted Hutchins had said that Lamb had left him and Henderson Tuesday afternoon in the Brunswick Canvon area. He said that Henderson, lat er apprehended, had left him while he was sleeping," Fletcher added. Game wardens wear guns. However, authorities said Henderson apparently did not put up a fight. A prison spokesman said nel- tlier man was armed.

The trio fled from the prison ranch about 3:30 p.m. on Tues day. They had apparently walked all night through the Pinion Hill Range between the prison facili ty and Dayton. The escapees will most likely get 29 days in solitary confine ment for their behavior. will decide what punishment is to be given but as a rule the 29 days in isolation is ordered.

Men in isolation are stripped of all clothing and issued blan kets. The cell is small and kept dark. The men must sleep on metal bunks without mattresses. They are fed twice daily, a light breakfast and a substantial meal. The escapees have been charged with escape and will appear in Ormsbv County Dis trict Court.

An additional sen-; fence may be imposed if thej men are found cuiltv. In addition, the convicts will appear before the Parole and Probation Board which has the option of removing good time credits and statutory time from men who were considered trusties. Sawyer Given Color Print Of Painting Gov. Grant Sawyer, In an Informal ceremony Wednesday at the Bell of Nevada main offices, was presented a color print of the painting selected for the 1966 Bell of Nevada telephone directory cover. The print, presented to the uovcrnor ny raui i larwood, vice president and general manager of Bell of Nevada, is from a painting by Louis Siegris) of a back street in Virginia City.

Sawyer commented on the telephone company's historical theme in the selection of its telephone covers and reviewed copies of directory covers which hung in the lobby of the telephone company offices. have to move its present channel 2 programming to another of ils chanels. Investors in the new station, besides Hirshland, are, rom Reno: Robert Stoker, contractor-builder; Rohert Stoddard, KBET Radio owner; businessmen Link Piazo and Frank Bender, and Drs. John Palmer, John Scott, William partment, would be a manifest evasion of such constitutional prohibition and a subterfuge evading the public policy of the state." Although the opinion of May 9, 1955 dealt specifically with a school district maintenance man, the opinion issued by Dickerson seems also to preclude any other school employe, and any chance of taking leaves of absence. "An assemblyman is not only an assemblyman during the legislative session but also during his entire elective term of office.

He is charged, during that term, with the exercise of powers properly belonging to the legislative branch of our state government. He is subject to special session duty during his term of office and may and ofttimes does serve on interim committee or commission activity all during his two-year term. "The school districts are political subdivisions of our state government and a part of its executive branch. An employe of the school district is exercising a function appertaining to the executive branch. If that employe is at the same lime an assemblyman, the activity is in conflict with the constitutional provision," the opinion said.

Death Takes Railroad Man C. Rasmussen Cloyd Rasmussen, 56, of 900 Sixth St. in Sparks, died: late Wednesday night In San Francisco's Southern Pacific Hospital following a long illness. He was born Aug. 13, 1910, in Castledale, Utah, and moved to Sparks in 1920 as a boy.

He was later employed by the Southern Pacific Railroad as an ap prentice, then as a machinist. He was an automotive machinist be fore retiring in September of 1965. Surviving are his widow, Vi ola; his mother, Mrs. Edith Gei-ger of Sparks; a sister, Mrs. Lucille Weddell of Portola; a brother.

Arba Rasmussen of Sacramento, a daughter, Jeanne, and several nieces and nephews. Services will be held Monday at Ross-Burke Knobel Mortuary, under the direction of LDS Sparks Ward Bishop George L. Moss. Burial will be In Mountain View Cemetery. Honor Set For Children At Library The Washoe County Library's summer reading program closed last week.

Participants will be honored at the main and Sparks branches Friday. Certificates will be awarded children completing the reading of 15 books, including travel material related to the theme, "Ride a Balloon to Anywhere." Over 200 Reno-Sparks area children completed the iummer reading assignments. ming from the outset will he in color and black and white. Hirshland said the whole future operation will be geared to color. "In two more years, I don't think there'll be anything in black and white on local stations, including the news and commercials." Community Antenna, currently airing six channels, will By BOB SMITH County, city and school district employes can run for legislative offices, but are barred from holding both jobs If elected under attorney general's opinions.

Opinions issued by the at-torney general from 1954 through 1938 maintain that holding seats in the legislature and jobs in the executive branch of government is banned by the Nevada Constitution. And, the opinions precluded employes taking leave from their executive branch jobs to serve as lawmakers during legislative sessions. The opinions apparently directly affect four men seeking assembly seats from Washoe County, and indirectly bear on two other candidates for the legislature. Bud Garfinkle. Paul Wright, candidates for the Assembly fro'n the Reno-North Lake Tahoe-Storey district, ami William Hancot and Dan Hulse, seeking election to the lower house front the Sparks-Sun Valley Roop District, are teachers.

"Kmployment with school district by assemblymen dur. Ing term of office prohibited," the summary of an opinion issued May 9, 1955, from the office of Atty. Gen. Harvey Dickerson, states. Two other candidates, whose position, if elected, may be in doubt are Sparks Fire Chief Francis W.

Farr. Seeking a Senate seat from Sparks-Sun Valley-Hoop, and Chief Deputy Dist. Atty. Clin Bean fo Get Death Order On Tuesday Thomas Lee Bean, convicted slayer of former British Ohm-pic skier Sonja McCaskie, will he resentenced Tuesday to the Nevada gas chamber, Dist. Atty.

William Raggio said today. The State Supreme Court ordered Bean, 22, resentenced by Dist. Judge Grant Bowen after the Supreme Court denied the defendant a hearing June 20. His execution had been Stayed March 19, 1965. Raggio signed an order scheduling the resentencing date.

He said Bean would not have 1o appear in court, but his attorney would. McL-askie body was found in her Reno apartment, April 5, 1963. False Report Filed, Reno Police Say A Reno man was arrested by police Wednesday and charged with filing a false report of a crime, reckless driving and failure to stop in the event of an accident. Booked on tlie charges was Gary Bolds, 22, of 927 Valley Road, police said. Bolds reported his car stolen Monday morning, police said.

According to authorities, Bolds claims he parked his car in front of 655 Denslow Drive Sunday evening and the car was missing the next day. Sometime after 11 p.m., police said, an accident occurred Bt 1725 Carville Drive. A car struck a parked car owned by Michael Goodman of that address, then left. Sawyer Leaders Named in Elko Frank Weinrauch and Mary Monroe, both of Elko, have been named to head the Elko County division of Nevadans for Saw- vor state chairman C. E.

(Dutch) Horton of Ely has an nounced. The two will head a volunteer group of workers for the reelec tion of Gov. Grant Sawyer. Among committee members are Robert L. Kane, A.

B. Simpkins, Beth Butler, Ola F. Triplett, Olive McCany, Barbara Wignall, Addie Flowers, Sonhie Kane, Delpha Jewell, Mark Scott, Dutch Steno vich. Ray Paoli, Bud Triplett, rarlee Sullivan. Gertrude Ab- hptt.

Lucille Granata and Jim Frantzen. All facets of the Sawyer cam paign in Elko County will be co ordinated by tne local commit' a By LEE HARLAN "Know your business, your market and your capital-" "Make a comprehensive blueprint of your entire operation before you ever open the doors" of your new business, 55 Reno area potential and present small business opera-tors were told Wednesday by Harold McPherson, representative of the Small Business Administration. Reno and vicinity, they were told, has excellent potential for new businesses in many fields, provided the "A.B.C's" of good planning are followed. McPherson. fixr.n the San Francisco regional office of the SBA, was moderator and one of seven speakers who advised the group on subjects ranging from preliminary organization to business research and insurance.

The session was a "workshop designed to give to the person seeking to establish a small business of his own as much management, financial, legal and business advice" as could be presented in one day. Reno High School LAS VEGAS (AP) Nevada's marriage law was declared unconstitutional today by district court. Judge John Sexton said the law was invalid because it makes district judges issue state marriage permits to ministers in Nevada's marriage chapels. A Washoe district judge earlier called it unconstitutional. Sexton said this places courts "in the position of being accus er, prosecutor and judge of the qualifications or tnese minis ters." The judge said the district attorney's office said it would appeal the decision.

The defendant's attorney said appeal would have to be to the Nevada Supreme Court. Sexton made the ruling in the case of a minister who has been performing marriages without a state permit since his expired earlier this month. The Clark County auditor's office said the minister, the Rev. Robert Truesdell, has performed more than 90 marriages since the first of the month. Deputy Dist.

Atty. John Por Synanon Holds Prison Party Fifty inmates of Ihe Nevada State Prison joined Synanon Project Director Frank Lago and the dozen residents of Reno Synanon house at the prison gymnasium Wednesday to celebrate tne tourln anniver sary of the Synanon prison pro ject. Other guests included Warden Jack Fogliani, Deputy Warden Lee Brawner, State Direc tor of Parole and Probation George Reed and several spon sors of Synanon. ter said the marriages were vana aespne laeK or a per mit under state law which says any persons believing themselves validly married are so in fact. The minister, who claims ordination by the Nevada Mission Fellowshp under Bishop George Flint of Reno, was on vacation and unavailable for comment.

"We're pleased that the court gave this interpretation," said his attorney, Charles Gar-i ner. The Rev. Mr. Truesdell claimed the law violated constitutional guarantees of religious freedom on grounds that it allowed one man to judge another's church. The minister was under a temporary restraining order commanding him to stop performing weddings.

Jaycees Plan To Clean Truckee River A "clean-out" of the Truckee River, a project of the Reno Jaycees for the past 15 years, set Aug. 7. It will begin at Wingfield Park and will extend down stream until Center Street is reached. Approximately to 30 men are to be on hand to dredge ruboish from the river. Last year part of the river was so deep it's a wonder we didn't get washed away," said Gary Wrenn, a member of the Jaycees Board of Directors.

He noted that it rained the day be fore and the day of the clean up last year. The men are hoping the river will stay low, to provide better working conditions. staff of 30 persons as we develop into a permanent situation. "Consideration will be given to selecting a temporary location from which to broadcast until we buy or build quarters." The station will be affiliated with the American Broadcasting Company. Program Bowden Named $130 million research opera, tion" are available practically free to every individual who takes the time to ask for commercial information, Jack Howell, director of the Reno field office of the U.S.

Department of Commerce, said. The commerce department, he explained, can provide market information on a world wide basis for nominal fees ranging from SI. "The department is the largest fact-finding and publishing agency of business information in the world," Howell said. Other speakers at the day. long session were: Al Conton, advertising director, Reno Newspapers, Robert T.

Romine, manager of the Reno office of the State Employment Security Department; Charles Thomas, director of business and industrial development, Greater Reno Chamber of Commerce; Roy S. Knouse, financial counselor for the SBA; and James D. El-lett, manager of the Reno office of a national insurance company. Principa specialist for the school district. Reeder, 31, has taught five years in Washoe County at Pea- vine Elementary and Huffaker sch(xls.

He received a B.S. from Utah State University and holds a master's from the Uni-versilv of Nevada. He is married and has five children. Alcoholism Meeting Set A public meeting of the Wa shoe County Council on Alcoholism will be held at 8 o'clock tonight in 1he lounge of the Jot Travis Student Union Building. The meeling will be informal and the public is invited to ask questions on alcoholism.

Members of the panel will include Sid Weatherhead, Direc tor of marriage and family counseling service, Darrell Cain deputy Washoe County clerk, and Coe Swobe, Washoe County assemblyman and local at torney. Guidebook For Museum A guidebook has been published for the Nevada State Museum in Carson City. The book gives a short history of major exhibits and also hat many accompanying It was sponsored jointly by the Greater Reno Chamber of Business Administration. The conference was held in the Reno Federal Building. 'MANAGEMENT' "Good management is the criteria for any business.

So many go into business without sufficient knowledge essential to a successful operation. "The man who knows management knows how to run a successful business." Nine of ten businesses that fail in the first year are a result of the lack of adequate planning, he said. He listed three essentials to planning prior to beginning: Know the business thoroughly first. Work for someone else before going in on your own if you have to. And get as much education in schools as you possibly can.

'LOCATION' Be eaieful in selecting the site for the business. Site location Is primary, he explained. And know the required capital, a rost favors, Mc-riierson said. "The work and efforts of a Post Oaserla as junior-senior high chool coordinator; and Richard V. Reeder as principal of Veterans Memorial School.

Bowden has been principal of Vaughn since IIKjX. He lias taught in Ihe Washoe County school system for 16 pears at Northside and Orvis Ring schools. He receivivl a B.A. from the University of Nevada in 1030 and an M.E. in 1H56.

Bowden is past president of the North Reno Kiwanis Club, a member of the Sierra Club, and Washoe Lodge No. 25, Bowden and his wife Jane have two children. VICE PRINCIPAL Kimhrough, is presently vice principal of Vaughn School. He has been teaching in the county for ten years. He re ceived a B.A.

from North Idaho College of Education and a master's degree from the University of Nevada. Kimhrough is married and has three children. Caserta, 44. replaces Marvin Roth, who left his position as junior-senior high school coordinator 1o become administrative assistant, in charge of curriculum and instruction. Caserta takes over the position after leaching in Washoe County for 16 years.

He is now chairman of business education at Earl Wooster High School. He received his R.S. and M.E. from the University of Nevada Reeder replaces Marvin Moss as principal of Veterans Memo rial. Moss was named research Third Reno Television Station Approved William G.

Bowden, 41, was appointed principal of Reno High School by the Washoe County School Board Wednesday night. Bowden, the principal of E. Olis Vaughn Junior High replaces David W. Finch whose retirement becomes effective Aug. 1.

THREE NAMED The trustees made three other appointments during a special personnel meeling Wednesday They are, Rohert R. Kimhrough as principal of Vaughn; John A Pasultl and Emanuel Beiger. Also H. G. (Hy) Wells, former president of the Reno Chamber of Commerce and owner of KOLO-Radio.

He lives in Yakima, Wash. David McKay, of Santa Cruz, a former partner in KOLO-Radio with Wells. Robert Paisley, Yakima, a manufacturer. I HAVE TO "DOS PADDLE" r2t A third Reno television sla-tion probably will be operating before Christmas. The application of Washoe Empire, filed on Dec.

28, 1965, was approved unanimously Wednesday in Washington, D.C. by the Federal Communications Commission. At the same time, the FCC unanimously rejected KOLO-TV's petition for denial. Washoe Empire's president and general manager is Lee Hirshland. He is former general manager of KOLO-TV.

Hirshland had these comments following approval: "We hope to be on the air by Dec. 1. "The station will be aired on Channel our call letters still are to be selected. "The staff will be small at the outset but we expect a I 'upcptAmN I UXTtsO THERE'S ONLY I WHENEVER I HAVE WEARIN6AWJAM51 I A WIPE Sid tee, Horton said. i I.