FAYETTEVIllE, ARKANSAS, SATURDAY, FEBRUARY 24, 1973 Report On The Legis ative Session /ri Danger Of Indistinction The drive to reduce Fayetteville to the lowest common denominator of villages of 30,000 or so continues apace. There are those who simply can't abide the mysterious, the unrestricted, or the dischordant. The unimaginative -- uncomfortable in the presence, of imt provisation, innovation and creativity -- join hands as city boards and commissions in order to stamp out as much "free" expression as possible. Municipal conformity has as Its greatest shrine our zoning codes, with their uniform lots sizes, setbacks and patterned streets. Fayetteville can be made, thusly, to look like Des Moines or Boise or suburban Los Angeles. Urban Renewal can go a step farther and make downtown Fayetteville look like Parsons, Kan. By RAY WHITE TIMES Stalf Writer "It's a harder session than most." said State Rep. Charles W. Stewart Jr,, of Fayetteville, assessing the 1973 General Assembly. "I think we (legislators) get along better when we are a little hungry than when we have a lot of money," he said. Stewart referred to the bright financial government, contrasted Kincaid, Jr., said heathought the . FAYETTEVILLE'S S I G N ordinance . is a part of the pattern, too. So, apparently, is the city's discomfort over memberships in civic clubs, county clubs (horrors to Betsy!) a n d Chambers of Commerce. O t h e r towns don't do it, we are t o l d ; ergo, Fayetteville (if it is to be stand a r i z e d ) must ban such customs, too. 1 am not persuaded, however, that there is anything wrong with a. city and its employes getting into the swim of community activity. I am nol p e r s u a d e d , either, that prejudice against such agencies as the C h a m b e r of Commerce and the country club are as legitimate as they may once have been. The city sees Â· nothing wrong with belonging to "technical" organizations. Â· Technically, t h o u g h , civic .organizations are the breeding ground for municipal action, concern and participation, so I'd rather have my mayor go to Â· Rotary Club once a week than attend Â· a dozen "technical" conferences in San Francisco. ', LET'S TAKE A look at the r Chamber of Commerce, first. It , is simply put, a lobbying organization on behalf of the businessman's point of .view. If anyone agrees that 'capitalism is what this country's form of - government and society are based on, then the Chamber of - Commerce is the first big "citizens' lobby" on behalf of - both government and com-, munity interest. !Â·- ' Sadly, our businessmen have gotten a bum rep in recent years. T h i s is in i part a result of a serious misunderstanding by non-business p a o p 1 e of the part the businessman plays in main- Â· taining the viability of a ; Â· community's e c o n o m y . Its schools and its government. . "E c o n o m i c education" is - lacking, and in my view our schools haven't done as much General Assembly to ask the talk about how the session, now session had reached a crucial more than half complete, stitutional reforms in a referen "1 think that we are at the Both men have opposed the crossroads, really, at this point, city-county bill to allocate 7 per between what could be cent turnback funds fine session or one that might county-city government among abdication of legislative respon the .three proposals allowed for Kincaid said he opposed the public kindergarten legislation city-county bill but supported and Kincaid helped to draft it. of Representatives, a n d Kin increasing the amount of money Stewart said he did not expect caid, serving h i s second two- it to be fully funded this year. year term in the House, both Stewart, as the chairman of spend Sunday afternoons during the House Committee on State recesses in the session catching and Government up on local business. Fayetteville's other resident Affairs, said he expected the Last Sunday they stopped to state representative. Hugh A Park At Lake Fayetteville A Fayettevllle Parks and Recreation Committee m a p shows (he proposed development of Lake Fayetteville as a 643-acre municipal park. It would have two pavilions, (a third not included: In the Initial project is also shown in the southeast corner), hiking trails and picnic sites, two baseball diamonds, and a nature area with a study building constructed by t h e Fayetteville and Springdale public schools. A model airplane area is already in use.. Funds for the $120,000 parks development were stalled when Nixon impounded federal Housing and Urban Development money last month. Another source for federal matching money is being Investigated. with it as they should. P r e j u d i c e against Gibson Would Restore Death Penalty For Certain Crimes the Chamber extends back many Â· years to a time when it was Â· the strongest lobbying agency In every community because it was the ONLY lobbying 'organization around. Today there are any number of such groups '"Â· -- the League of Women Voters, the Municipal League, the Bar A s s o c i a t i o n , t h e Medical - Association, the Ozark Society, " a n d the Parent-Teachers - Association. Not one of these ". groups is as broadly dedicated to LOCAL welfare as the Chamber. If the Chamber of * Commerce once rated a bad rep for pushing too hard with the profit motive, it has dozens of competitors now, pushing for things not one whit more Â·Â·' American. Locally, too, the Chamber's LITTLE ROCK (AP) -- Pros. Atty. Mahlon Gibson of . Fayetteville says the claim that capital punishment served as a deterrent to murder is supported by "good old common logic." Gibson told a subcommittee of the House Judiciary Committee Thursday that the basic human instinct is the drive to survive and that a person contemplating murder would have "second thoughts" if ' he would be electrocuted for t h e crime. He said, however, that the death penalty should- be applied sparingly. *'Tf ,e : " contributions in leadership, as ',~ well as money, is an honor role ' of achievement. No amount of *~ Individual prejudice can tarnish jf such endeavors as support for Â·Â· city schools, acquisition of land S for the University campus, Â·-' efforts on behalf of trans- !'- portation facilities, a solidly Â·" equalized tax base, parks and " recreation, and progressive '-'. state legislation. I wouldn't oppose the !Â·" Chamber offering the city a less Â·-Â· e x p e n s i v e membership, '' perhaps, or setting up a token fee arrangement. If the city is It is the ultimate punish ment and should be reservec for the ultimate crime, first-de gree murder or an act such as hijackng." The subcommittee is con ducting public hearings in or der to make a recommendation to the full committee on wheth er to draft a bill that would re '' ashamed to t- C h a m b e r , belong to however, the I m tore capital punishment in Ar- ;ansas. The subcommittee has now held two days of hearings nd is to continue the hearings at a later unspecified date. Gibson said any bill to restore the death penalty in Ar- tansas should provide rhan- datory capital punishment il he proposed law is to meet standards set out by the U.S Supreme Court. The court hat held that capital punishment was unconstitutional as it was administered. Judith Rogers, a North Little Rock lawyer representing the American Civil Liberties Union spoke against restoring the death penalty, saying "there i no place in society for collec live vengeance." She said the death penalty was certainly nc more a deterrent than a sen tence of life imprisonment. She said punishment was an effec live deterrent" only if it wa swift, but that there was n Setback Request On Board Agenda The Fayetteville Board of Adjustment will hear a request Monday to vary setbacks for a proposed drive-in restaurant at 2648 N. College Ave. The Fayetteville Planning Office said the hearing would e at 3:45 p.m. Monday at City fall. Charles Vanlaridingham is asking to place the structure 20 feet closer to the Hwy. 71 right-of-way than the 50 feet setback required by the city zoning ordinance. swift execution because of the other states. "The death penalty doesn't do-a damned thing for anybody -- not the victim, not society not anybody," she said. Elijah Coleman, director o: the Arkansas Council on Hu man Relations, also spoke against capital punishment saying that it dlscriminatec against the poor and black, safeguards built into the Ameri can law system. She said "an avalanche o felonies" had not followed abo lition of capital punishment UA Trustees Approve New Degree Program LITTLE ROCK (AP) -- The Jniversity of Arkansas Board of Trustees approved Friday a doctoral and masters degree rogram in toxicology at the Jniversity Medical Center in Little Rock. ' Dr. James L. Dennis, vice resident for health sciences, .old the board the program would not cost anything, because it would utilize services of existing instructors and equipment, and also would get assistance from the National Center f o r Toxicological Research at Pine Bluff. The board approved two raises, both of them to members of the university's coaching staff. Don Trull, an assist ant football coach, will received a $1,00 raise to $16,000 a year. Lon Farrell, coach of the fresh man team, received a $500 raise to $16,00 a year. The board also said it had agreed to buy a lot across from the Razorback Stadium parking lot for $55,000 from Tom Weathers. point." he said. "We had some terrible problems in the '40s with similar approaches and I just feel that we need to budget within the needs and according to our revenues." An arbitrary 7 per cent would be "a departure from that responsibility," he said. "It's just a fact that cities and counties are in a financial pinch and we ought to help them out." . Â· Kincaid said that as a result of some home-rule legislation enacted two years ago the cities have some tax sources available that they are not exercising to the fullest, but that "I don t think that means we shouldn't help them as well." What remains to be done is to figure out where to spend the money to get the best results. "There are many, many calls on the revenues available," he said. Arkansas has lagged behind the other states in capital improvements and in the level of services the state provides, education for instance, he said. But now the state has more money due to a tax increase and to federal revenue sharing. "I think we have an enviable tax structure as a result of the reforms two years ago," Kincaid said. He supported the junior college bill to allow communities to raise funds to support local two-year schools, Kincaid said. "There are certainly other programs that, to me, have a higher priority... but I don't think we'll see a proliferation of these junior colleges" because of the local referendum lections required by the nabling legislation. "This could he a hallmark ear for education." Kincaid aid. "It will ultimately result n a very constructive session, felt that the session two years ago was characterized by a more informed direction" that s continuing this year, he said. Kincaid said one. of the most mportant pieces of legislation s the kindergarten bill, which ie helped write and managed on the House floor. PROPER PREPARATION 'I may be prejudiced," he said, "but I feel this is one area where Arkansas young- s t e r s can have proper preparation for the educational experience." It will reduce the number of youngsters who will be required to repeat the first grade, he said, and consequently reduce the drop-out rate. It costs the state $1 million to $1.5 million a year to recycle first graders, Kincaid said. Half the children in Arkansas schools read at levels below their grades, he said. That is "a t r e m e n d o u s hinderance to becoming an effective and productive member of society." These are the problems the bill seeks to alleviate, he said. Kincaid also listed the environmental quality act and the improvement of support for FEELING THE GRIP . . . 'the women will never understand,' said Steiaart after being cornered by Sen. Guy H. "Mutt" Jones, right SPARKS *V^ *"Â·"Â» * *" t "" v **'" " "* * BACKGROUND DISCUSSION . . . Kincaid (standing) chats with pollution control chief Carl E. Wright on House floor minimum foundation aid in public education, as important 1973 legislation. "I also feel that what we are trying to do in. the area of bail reform is important," he said. "No one is trying to make t easy on criminals hut these are accused persons," Kincaid said. "Statistically, those who can obtain pre-trial release can end up with better chances of no conviction... or conviction without jail time." The "only purpose" of bail is to guarantee t h a t accused persons will appear in court, he said. The bill would allow release on recognizance (with no money payment), with a 10 per cenl deposit on a bond, or with the conventional secured bail bond FEELS CONFIDENT "I have confidence that we will rid ourselves of an unfair practice because in many ways today the bail bondsman has the keys to the jail," he said. Of the drive to reinstate capital punishment, Kincia( aid, "I'm going to have to look ,t the proposals. I think we just iave to see what the legislation ooks like . in line with the supreme Court ruling." Stewart said the kindergarten irogram "will be fine if we can inapce it the way it needs to e financed," It requires $20 million for full unding but Stewart said he expected the General Assembly o appropriate only half that amount. Rural areas oppose the bill because the money that is allocated Will "wind up going o the wealthy districts," Stewart said. "This has been what they call a city-boy country-boy fight." Stewart said he looks for more emphasis on free textbook egislation when it comes to dividing up the money because rural areas feel that they g e t equal benefit with the big districts. "I think this session is going t o be education-oriented definitely," he said. Stewart said that the agencies committee he heads woulc begin this week investigating the nine Senate and 19 House proposals to ammend the State menls to the poeple for a vote ut could choose not to send n.v. "I think they will pick three his time and I think It is going o be within the same field as our Constitutional Convention of 1970). . . l e g i s l a t i v e government and so on," Stewart aid: Stewart is the author of a neasure that would remove tax estrictions from city and :ounty governments. "That way it would be up to he people to decide." he said. Schools have been able to sell he people on increasing milleage to improve the ser- ices they offer and cities should have the same oppor- unity to go to the people, he Constitution. The General Assembly ma; send as many as three amend This is "primarily to give .hem the power to levy the taxes without restriction by a vote of the people," he said. . Stewart said he didn't expect w i l d e r n e s s preservation legislation to be funded this year but "they do have enabling legislation and maybe in the future it will be funded." Stewart would not rule out tha possibility of a special session, "I think wo are going to hava a little bit of difficulty b u d g e t i n g b y adjournment date." he sa g id. City Board Action. On Movie Ordinance Rated GP ashamed for the city. Fayetteville's city attorney predicted this week that the "nudie" film ordinance adopted Tuesday would prohibit drive-in theaters from snowing films one citizen here complained were 'Â·:, I AM ALSO AWARE of a I prejudice that exists against the 'Â· prevailing concept of a country '-: club. I happen to feel the local % club has long been an exception Â· t o that concept, however. One '" argument used in voiding the Â£ city manager's' membership in -"the Fayetteville Club this week : is the fact that in a survey r" of other cities, only one fur- J' nished its manager with a club r membership. Only ONE! Conformists immediately see f - this as immutable evidence that ' such a membership must go. : " Why. though, is it smart for r-Fayetteville to be just like all " the rest? Isn't this city.'s ... greatest charm the fact that it * isn't like all the rest in spite r of energetic efforts to'make it ~* that way? 2" On this matter of a country Â£ (CONTINUED ON PAGE 14) objectionable. But whether would rated the ordinance affect conventional X- piclures was undetermined, said David Malone, the attorney. "The theater managers and Hollis Spencer (police, chief) and I are going to have to got together to come up with some working arrangement," Malone said. "You have got to recognize any time that you are dealing with this type of an ordinance -- unless you prohibit -movies from being shown at drive-ins period -- you have got to have some discretion in enforce ment." Malone said he believed the current problem resolved itsel when the local drive-ins cut of their source of what, the managers "recognized wer somewhat questionable" pic lures. "I really think they 'have I Iropped that distributor and it s not going to be a problem ny more... It could become a iroblem if later theaters came n and tried to deal in these ypes of films," Malone said. In December, the 62 Drive- T h e a t e r on Hwy. 62 "The Long Siegfried," ' D i r t y Lovers," "Love Thy N e i g h b o r " ("Filmed in Swapping Center," proclaimed an ad), "Come One, Come All" and "Brand of Shame" on a double bill with "Sword," which was billed as "special adult west s h o w e d Swift Sword of entertainment." David McWelhy, an ministrative aide in the ad- city manager's office, s a i d the or dinance referred to movies that promiently feature nudity. "I don't think, there are any R-rated. films to which tha yvould apply. Of course you could probably always play an X-rated film that was classified for violence instead of sex." The board acted on a com plaint by Bob R. G a r n e r o Route 2, who stunned the board .ith some explicit photographs e said were taken from streets iear the 62 Drive-In Theater m Hwy. 62 west. The. board had considered rarious proposals since Decem- er to control movies. Joe Borders of Fayetteville, an official with Commonwealth Theaters of Kansas City, told he board that "you can't ban what I would call 'up-to-date' pictures." But after the or- linance was adopted, he said 'we can live witn this... we're not in the obscenity business." The board rebuffed an attempt by Director R. L. Utley to re-insert provisions to ban obscene movies from indoor theaters as well as drive-ins. It also blocked a move by Mrs. T. C. Carlson Jr., a director, to prohibit drive-in screens from public view whether they displayed nudity or'.not. She suggested that the local drive-ins convert to miniature screens or fence their present screens from view. Passage of the ordinance U ontrol nudie films at drive-ins was assured Feb. 6, when a majority of four directors voted to move the ordinance to final consideration. U t l e y alone c l o c k e d adoption with a dissenting vote. To move to a inal vote required a five-vote majority. Armed with this knowledge Mayor Russell Purdy, who had iromised to end the meeting at 11 o'clock, took up the matter a few minutes before 11. But the ensuing discussion .asted an hour and brought about so many motions and counter-motions that Purdy finally voted against the ordinance because he said he was confused. "I shouldn't have done that,' he said the next day. "I made a mistake and I admit it, bu I do like to know what I'm voting on when I vote for some thing. I should have abstained.' votei sayin Mrs. Carlson also against the measure, _ that the measure was "unen forceable." The discussion began wit itley moving to reinstate a revision struck at the previous meeting that would have efined obscene movies and anned .them from indoor leaters as well as drive-ins. Utley reasoned that if the city lamped down on drive-ins, ndoor nudie theaters would prout up. "I don't have any hopes of :ontrolling it but maybe it could discourage some from coming n," he said. Loris Stanton, a city director, aid that proposal went "far afield" of the original plan to deal with nudity on outdoor screens. Mrs. Marion Orton, another director, suggested that the ward could dispense with Utley's motion since it had voted down the matter before. Malone agreed, but mean while, Utley had amended hi motion to remove ticket taker and other minor employes a t h e theaters f^om bein arrested under the code. When Utley asked for a vot on his -motion, Mrs. Carlso eaned forward and said, "Mr. flavor, I have already made clear that after we got his motion out of the way I wanted o make my own motion." Utley said the board should ote on whatever was left of is motion and Malone said only he part about ticket takers emained. "Then let's vole on that," Utley said. Malone allowed that it would e harder to enforce a code without making it apply to al he employes. "If the owner were out of state he could avqic irosecution," Malone said 'You can't extradite over a misdemeanor." "I believe we've got a motion," said Purdy. "What is it?" asked Stanton. "I'll be darned if I know,' Purdy said, shaking- his hea in frustration. The board then voted .t drive-in screens to be visibla from outside the theater. Director Paul Noland said that would require theaters to fence their screens or a d o p t cable-tv miniature screens. "With all due respect to the ward, this is ridiculous," said borders, who operates theaters t Fayetteville, Springdale and logers. "This is going to be he only city in the world, practically, that would not be able to show movies on a drive- i screen." Stanton said he would vote against the measure and Malone said he saw grounds (or a lawsuit against the city on the basis of "taking property without due process." The board rejected tnÂ« matter, 1-5, with only Mrs. Carlson voting for her motion. W.-L. Murray abstained. "Â·Now what?" asked Murray. Stanton moved to adopt the . remove ticket sellers, projcc tionists and other minor ployes from the ordinance. Mrs. Carlson then moved tha the' board make it unlawful fo ordinance prohibiting movies where nudity is the "main 'or primary material" from being visible from public streets. It passed, 5-2, with-Carlson and Purdy voting no.
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