Fedora fmery Budget howling -p. 16 VOLUME 103 --NO. 29 TUCSON, ARIZONA, SATURDAY, FEBRUARY 3, 1973 72 PAGES--15 CENTS Rezoning freeze Moratorium 'legal,' say professors By EUGENE G. YARN Citiiwi StMf Wrlttr A controversial proposal that would put a one-year freeze on all county rezoning cases is constitutional and has met court acceptance in other areas, say two University of Arizona law professors. Profs. Winton D. 'Woods Jr. and Luther L. McDougal expressed the opinion yesterday after being asked to study the proposal by the man who made it -- County Supervisor Bon Asia. The professors' opinion conflicts with one issued earlier this week by former County Atty. Rose Silver, who now acts as,attorney for the Board of Supervisors. . . - . Mrs. Silver, who studied the matter at the request of Republican Supervisor Conrad Joyner, said, a rezoning; moratorium amounts to "unconstitutional confiscations of land." Woods and McDougal', however, said, "The; reaming freeze 'does not -deprive the property owner of his right to develop his land since he may Pleasant 70 degrees is forecast The weatherman's russian to czech . the temperature. Â· --Sam O'Varr Another beautiful Tucson day is forecast for tomorrow by the weatherman, who says it will be .a pleasant 70 degrees tomorrow, with some wind and a few clouds. The overnight low is expected to be about 45.degrees. Rainfall probability was set at a scant 10 per cent. Yesterday's high was 67 degrees, and the overnight low was 51, recorded at 7:30 a.m. Other areas were not so fortunate. More than 3 inches of rain soaked Raleigh, N. C., while most other areas along the Atlantic coast received 1 to 2 inches. (Photo and story, page 19.). Flash flood warnings were issued in New England and. gale warnings were posted for New England coastal waters and Lakes Erie and Ontario. Full wtittwr rtwrt, MM 7 always use it in accordance with the existing zoning classifications." , " The professors also said that courts have even upheld moratoriums on building permits, although noting that a rezoning freeze is "far less drastic and has almost universally been upheld in recent years." Both the professors and Mrs. Silver's opinions may be put to the test Monday when representatives of 13 homeowner associations are scheduled to .appear at a supervisors meeting to demand that a moratorium be adopted. Asta has called for the moratorium so that county officials can use the time to find better methods for putting more effective controls on . Pinia County growth. Â· The Democratic supervisor, a former county planning official/has stressed that his proposal is not a building moratorium, noting that during a rezoning freeze developers can make use of "thouÂ«ands" of acres already wned for construction. . _-';;V ; V '' : ''; -;.,"' /.m their opinion -of rAsta's proposal, the UA professors cautioned that in order for the freeze to receive court approval, it must be "limited to a specifically stated and reasonable period of time." They also said the freeze must be "based on specific findings of fact" regarding such things as overcrowding of schools and other public, facilities, and problems of water supply, sewer capacity, traffic control and congestion. 6,000 daily coming back to Managua MANAGUA, Nicaragua (AP) -- About 6,000 persons are returning every day to this capital city, whose popu- lartion of 300,000 was evacuated after a devastating earthquake last Dec. 23, the Finance Ministry reported. The Housing .Bank estimated that $7 million would be needed, to rebuild the homes destroyed in the earthquake. The Nicaragua Central Bank reported that 14 small or branch banks on the outskirts of the city were back in operation. The main bank buildings were in the central part of Managua, where most of the damage occurred. Inside At Week's End 1C Church News 4-6 Classified 20-36 Comics IS Crossword Puzzle 3 Deaths 20 Editorials 16 Financial News 8,'S Focus 17,18 Jumble 1* Regis McAuley 11 Public Records II School Lunch Menus 6 Sports 10-14 Weather 7 Your Stars 18 Citizen Charlie's Crossword Citizen Charlie offers ?475 in his newest crossword puzzle challenge Monday in the Tucson Daily Citizen. Clues will be published Tuesday. Correct solution to this week's puzzle is on page 16. New to Peking is visit -- AP Wirwhoto Man in yellow did it A little man in a yellow suit walked into a crowded Miami Beach cafeteria last night, methodically poured a jug of gasoline on the floor and touched off a holocaust that injured 139 persons. A 49-year-old man surrendered to police today, saying, "I've done something terrible, I made a lot of people scream." After that, police reported, he said nothing more. Firemen remained on the scene today. Here, they move toward the remains of a table setting. Disgruntled sailors given chance to quit ^-Â»* ' . ' Â· - ' Â· . Â· ' ' ' Â·Â·Â· WASHINGTON (AP) Amid increasing reports of racial disorders and other troubles, the Navy has decided to give disgruntled sailors a chance to quit. Navy officials yesterday confirmed that 2,959 men considered a "burden to the command" took advantage of the special program in January. They said perhaps 3,000 more will be discharged by the end of,this month. 'The releases are being carried out under a Dec. 26 directive issued by Adm. Elmo R. Zumwalt Jr., chief of naval operations. The criteria for the special discharge require the men to voluntarily request discharge in writing. Having served at least one year, they are still eligible for most veterans' benefits. Zumwalt's directive requires that men taking advantage of the program have ser- vice records which reflect marginal,performance or substandard conduct../ A spokesman said most of the men enlisted under pressure from the draft but are now anxious to get out. They are being released with general discharges "under honorable conditions." Unlike honorable discharges, however, the certificates will identify them as "unsuitable for re-enlistment." In his directive, Zumwalt said a "voluntary early separation" of these men will help the service "more expeditiously attain the all-volunteer quality Navy force." Another 'Navy officer said the best way to do this was "to purge ourselves of these individuals with repeated administrative and disciplinary problems." A special House armed services subcommittee which investigated racial disorders aboard the aircraft earners Constellation and Kitty Hawk last fall blamed Navy permissiveness for the troubles. In a report last week, the subcommittee recommended the Navy screen out agitators, troublemakers and "anyone else who does not measure up." Navy spokesmen denied Zumwalt's action was in response to the subcommittee report, noting his order was issued a month earlier. They noted also that 86 per cent of the sailors discharged are white. The announcement came also after disorders, mostly racial, were reported in the past two weeks aboard the carrier Intrepid steaming in the Mediterranean and the helicopter carrier Inchon operating in the Western Pacific. Pentagon officials, however, have said the unofficial reports of the Intrepid incident, at least, were overblown. High-level exchan to follow Hanoi trip , Â· ' * Â· . . Â· ; - . . " '; - U'Vj^L WASHINGTON (AP) -Presidential adviser Henry A. Kissinger will visit Peking Feb. 15-19 in another high-level "exchange of views on issues of common interest" between the United States and China, the White House announced today. " Kissinger's trip, following ' closely on his journey to Hanoi slated for Feb. 10-13, is another inÂ·; a series of sessions by the White House adviser with Chinese leaders in line with the U.S.-Ghinese agreement reached during President Nixon's Peking visit a year ago. Presidential press secretary Ronald L. Ziegler said the an- ...nouncement was. being made / simultaneously iii Peking. ^Ziegler said: ; "In accordance with the United States and the People's Republic of China joint com- munique of February 1972, Dr. Henry A. Kissinger, -assistant to the President for national security affairs, will visit the People's Republic of China from Feb. 15-19,1973, for concrete consultations with Chinese leaders to further the normalization of relations between the People's Republic Â· of China and the United States and to continue to exchange views on issues of common interest." Ziegler did not offer any further specifics on just what Kissinger might talk over with Chinese leaders in Peking. . However, periodic.. high-. ranking visits by U.S. officials to China were envisaged in the Shanghai communique^issued following Nixon's summit sessions at the Chinese capital in February 1972. The ."general aim is to further the gradually improving relationships - between the two powers..~Â«. ' Kissinger has made 'one such trip already in the wake of the summit parley' of sT year ago. He visited the mainland last June 19-23. .^^ The much-traveled p House foreign-policy aide had been to Peking in July and October of 1971 to make preparations for the historic summit meeting. . ' Kissinger is expected to make a rest stop of one or two days "somewhere in Asia!', between the Hanoi falks and the flight to Peking, Ziegler indicated. .-~u. ers ready; Saigon, VC will talk Â·r Wir* Strvlcn SAIGON - Significant breakthroughs were reported today in carrying out the military and political provisions of the Vietnam cease-fire agreement, including plans for prisoner exchanges. The International Commission of Control and Supervision announced that its seven regional'teams would be in the field and operational Monday to investigate alleged cease-fire violations, nearly a week behind the schedule designated in the agreement. And South Vietnam's President Ngueyn Van Thieu said today he had ordered his representative in Paris to begin talks with the Viet Cong on the future of South Vietnam. The Communists suggested the first session be held Monday. In the third major development, U.S. spokesmen disclosed that American, South Vietnamese, North Vietnamese and Viet Cong members of the subcommittee on captured persons of the four-party Joint Military Commission met to plan for prisoner exchanges. The substance of the talks was not disclosed. The peacekeeping developments overshadowed the Â·fighting as thousands of Vietnamese celebrated the Tet lunar new year. President Nguyen Van Thieu called it "the first peaceful new year after 15 years of war." The Saigon military command said that violations had hit their lowest level, with 131 reported during the 24-hour period ending at 6 a.m. today, compared with 200 during the previous 24-hour reporting period. No major fights were reported. "Overall incidents have declined," said one U.S. official. "That's a good sign." The international commission's regional teams will be based at Hue and Da Nang in the northern quarter of South Vietnam, Pleiku in the central highlands, Phan Thiet on the central coast, Bien Hoa in the Saigon area and My Tho and Can Tho in the Mekong Delta. Each team will have five representatives from each member of the commission -- Canada, Indonesia, Poland and Hungary. Members of the international commission had said earlier that the reason field teams were not in place at the designated time last Tuesday was that the body had not received a guarantee of security from the Communist parties to the military commission. Asked why the international commission had now decided to move, a spokesman said, "What we need is to be satisfied ourselves that conditions are sufficiently secure and safe for our teams, and we are satisfied." The Paris meeting between South Vietnam and the Viet Cong will be to discuss the next steps for eventual free elections in the south, a Saigon delegate said. Previously, the representatives of the rival Saigon and Viet Cong governments have never met on a bilateral basis. Vice President Spiro T. Agnew arrived in Laos today to consult with Prime Minister Souvanna Phouma on postwar relations with the United States and to discuss terms with a high-ranking Communist Pathet Lao emissary for a Laotian cease-fire. This is t warrior? They call him Hagar the Horrible. But he's really a pussycat -- nagged by his wife, despairing of his son, harassed by his competitors in the business of sacking and looting. Like all hard-working barbarians, he's .away from home for long periods, a fact that his wife Helga blames for''their son Hamlet's irregular upbringing. Young'Ham- let refuses to let hisfhair grow to a decent length, washes almost every day -- even reads books. Out of it all comes a laugh in the new comic strip, Hagar the Horrible, the brainchild-of Dik Browne, one"", of America's top cartoonists. The strip starts Monday on the comics page of the Tucson Daily Citizen. ;'; Peron to visit briefly in Rome -,- Â· j v . Â· ROME (AP) - Former Argentine President Juan D. Peron came to Rome from Madrid today, reportedly for a brief stay en route to Romania for medical treatment. Informants said the 77-year- old former dictator would undergo treatment at ^geriatric clinic in Bucharest. Peron was accompanied by his wife and his personal secretary.
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