f , ' . 'Â·, '.'-"' THURSDAY, MAY 2, 1963 HIGH COURT SCORED 5 Legal Aides In Phoenix On Immunity Ruling By STEVE EMERINE Blasting Hie State Supreme Court's recent decision on governmental liability, County Atty. Norman Green and City Atty. Calvin Webster today sent five deputies to Phoenix to discuss the decision with Atty. Gen. Robert Pickrell. The Supreme Court, in a unanimous decision w r i t t e n by Justice Lorna Lockwood, ruled Friday that governmental bodies can be sued for negligent acts performed by themselves or their agents. In effect, it knocked down the historic theory of governmental immunity. (Pickrell, after meeting with the officials, said be plans to ask the Arizona Supreme Court to put a time limitation on cases which could be filed against the state and other governmental bodies. (He told the assembly he doubted it would do any good to ask for a rehearing.) "It's up to the legislature to decide these matters, and our court should follow the law rather than a justice's idea of what the law should be," Webster' said today. "THIS IS ANOTHER attempt by the Supreme Court to legislate, and it is definitely my opinion that under the law it was none of their . . . business," the city attorney added. Green said the opinion "is not a good opinion and just leaves everybody up in the air. ; "We don't know just what It means," the county attorney added, "but I'm very much concerned because some of the ramifications could be absolutely impossible. "It's made everybody talk about filing lawsuits," Green added. GREEN SAID HE SENT his chief civil deputy, Mrs. Rose Silver; his deputy for adoptions, Manuel Avalos; Robert Hillock, special counsel for the Board of Supervisors, and Lawrence Ollason, special counsel for county school matters, to meet with Pickrell today. Webster said he sent Asst. City Atty. Jay M. Abbey to represent the city. Pickrell called a meeting of all city and county attorneys to discuss ramifications of the ruling shortly after it was handed down. Webster said the immunity decision is "typical of the Supreme Court Lockwood. and Justice "She's the same justice whose opinion on realtors led to a rehearing and a constitutional amendment when the voters approved Proposition 103 last year," Webster continued. "IN THAT CASE, she was legislating. This is another case of the court legislating. "The court is just one of three branches of government and should stick to its knitting," Webster added. Medicare Backers Perpetrating A Fraud, Arizona Doctors Told State To Act On Teacher Credit Hike PHOENIX --(/P) -- T h e State Board of Education is expected to act May 14 on a recommendation that professional courses for student teachers be raised from the present 18-hour m i n i m u m to 30. Members of the State Advisory Committee on T e a c h e r Certification made the recommendation yesterday. John Freestone, assistant director of teacher certification, said the 12- hour increase would aid teachers in solving actual classroom problems. Also recommended was a requirement that teachers holding bachelor degrees take 30 additional hours of school work within five years after their certification. Employment Sets Mark But Jobless Rate Is Static WASHINGTON -- (/P) -Employment climbed to new highs d u r i n g April, the Labor Department said today, but "there was no real change in unemployment." The Bureau of Labor Statistics said the seasonally adjusted unemployment rate for April was 5.7 per c e n t , " n o t s i g n i f i c a n t l y changed from the 5.6 per cent rate registered both in March 1963 and in April 1962." The March f i g u r e represented a drop from 6.1 per cent in February. Total employment climbed 900,000 in A p r i l , a larger than seasonal increase to 68.1 million. The Bureau of Labor Statistics said this was 1.3 million higher than April 1962. "The pickup in the nonfarm sector continued for the third consecutive month as nonagricultural employment rose to 63.4 million in April. This was an all-time high on a seasonally adjusted basis and 1.5 million above a year ago," the bureau said. ACTION, PLEASE! If you have a question or a problem to be solved, involving any governmental agency or public matter In the Tucson area, write to Action, Please, care of the Tucson Daily Citizen. Reporters will investigate your queries and answer them in tlii.s column. Questions must he submitted in writing, and must contain your full name and street address (which will be withheld from publication on request). Rolling Slop QUESTION--Several friends have been cited for a "rolling stop." They are quite reliable and conscientious drivers and were quite shocked to receive their citations. We've discussed this in a group and would really like to know just what is meant by a "rolling stop." Could you help? I really didn't get one. Only tag I've received in 35 years of driving was in California for overtime parking.--Name withheld by request. ANSWER--And in the interest of consistency, you'll be happy to know t h a t the head of the Tucson Police Department's t r a f f i c division, Lt. John Lyons, calls a "rolling stop" a "California stop." Actually, it's when a driver comes up to a stop sign, shifts gears, and rolls on through between 3 and 5 m.p.h., according to Lyons. That's when they are cited because the Stop means exactly what it says --complete cessation of movement, Whoa! Halt! Charge Explained QUESTION--We recently moved into an east side development called Windsor Park. When our b i l l arrived from Tucson Gas Electric Co. there was a $7 charge listed in addition to our gas and electric bill. The code read "line extension." When I called the company for an explanation they said everybody in the area was billed a like amount for the months October through April. This was to cover the cost of bringing the service into the area. This seemed an u n u s u a l method of assessment as there is no total bill and no information as to what date the charge will be terminated. Upon further investigation, I found every resident is not assessed. If this is a legitimate charge, then why is not every one in the prescribed area billed equally, the sooner to pay up the obligation? We would appreciate any help or Information you could give us on this matter as many present and f u t u r e homeowners are involved.--Name withheld by request. ANSWER--Perhaps this situation can best be explained by q u o t i n g from a letter sent to potential customers in the Tanque Verde suburban area east of Sabino Canyon road in 1960 by the Tucson Gas Electric Co. Obviously, you didn't receive one of these letters or a satisfactory explanation. The 'letter says that, because the distance between customers is too great to permit the company to extend its gas mains into the area in the conventional manner, another plan would go into effect to meet the demand for gas in the area. The plan: "1--The gas company will extend its mains as shown on the attached map at no immediate cost to the customer and will serve all the properties adjacent to the road or alleys in which the gas mains lay. If all property owners living adjacent to the mains shown on the map convert to natural gas, the average length of main per customer will be slightly in excess of 400 feet. "2--The consumers will pay a monthly surcharge in addition to their regular gas bills (figured at the same rates as for a consumer in the City of Tucson) for the seven b i l l i n g periods of October through April. The surcharge will be .$10 per month initially, a total of $70 per year. "In September of each year, an audit will be made of the total number of feet of main in the area and the number of consumers. For each full 30 feet that the average n u m b e r of feet of main per consumer is below 400 feet, the monthly surcharge will be lowered $1. The reduced surcharge thus computed will apply during the following heating season." During the past three years, the number of feet of m a i n per customer has dropped, thereby reducing the surcharge to what you now pay, $7. It probably will go down again next season. Tucson Gas officials say that everybody there pays this surcharge, whether they realize it or not. And we find it very hard to believe t h a t they would miss anybody. If they have, it's strictly by accident and a day of reckoning will come we're sure. If you have any f u r t h e r questions regarding your specific case, Joe Hadd, of the gas department, will be happy to answer them. DISARMAMENT NOT IMMINENT Fears Of U.N. Superstate Premature, Avers Envoy By CHARLES GUDAITIS Fears that t h e U n i t e d Slates may lose its sovereign- .y to a United Nations super- state are premature, a permanent representative of the J.S. to the world organiza- ion said here yesterday. Ambassador Charles W. Yost told reporters at a Tucson Press Club forum: "There s no single member of the Jnited Nations which would :olerate loss of sovereignty. You have 110 allies resisting any effort to make the U.N. a superstate." Turning to the general subject of disarmament, he commented, "It certainly isn't mminent." A professional diplomat of 30 years' service in critical posts around the world, including Laos, Yost currently is the U.S. deputy permanent representative to the U.N. He was brought to Tucson for two days of fast-paced public appearances by the Tucson chapter of the American Association for the United Nations. Yost described disarmament as a very complicated business, with manv safeguards to be met before the U.N. enters the picture. And should a U.N. peace force ever evolve, Yost saw it as a limited nurnose force, that of checking into armaments to keen them to treaty levels, "not to dictate to states." Nothing has been worked out on control of a peace force, he added. As for the United States possibly subjecting itself to control by small, emerging nations in the U.N., Yost pointed out the General Assembly had only powers of recommendation. Yost reminded the Press Club forum that every U.S. administration since the nation became a world power in World War I "has believed disarmament under suitable safeguards is in the U.S. interest." A heartening sign of this age, Yost noted, "is that Russians recognize that general nuclear war is not in their interest. There is that basis of negotiation." What about disarmament and Red China, a nation not in the UN? Pointing to other private negotiations carried on between China and the U.S., he said it was possible to envisage a disarmament agreement "even though no formal diplomatic relations were maintained with China." But h : did not pursue the topic a any near eventuality. On the subject of Laos, TUCSON TONIGHT, TOMORROW Unless otherwise noted all meetings listed in this column are open to the public without charge. Welcome to the 1,200 dele gates attending the 40th an nual state convention o Lions International, today through Saturday, with head quarters at the R a m n d a Inn. TONIGHT 8:30 P.M. -- Arizona Lariat Theatre presents "A Doll's House." (Througl Saturday, with 2 p.m. m a t i n e e Saturday.) At University Theatre. Charge for admis sion. TOMORROW 8 P.M. -- Master's recital Luke P a r i s i , clarinetist Crowder Hall, UA campus. 8:30 P.M. -- Joint concert featuring choirs of Palo Verd High School and Westwooc High School, Mesa. Palo Verde High School audi torium. Nominal admission. (See sports section sports calendar.) fo k --Cilizen Pholo CHARLES W. YOST Yost felt a suggestion by Sen. Barry GoJdwater that the U.S. bomb Red supply lines 'is not very practical or iound." Supply linse over there, he ;aid, are not a matter of Â·oads and long lines of trucks, father, it is a case of infiltration, with men able' to carry :heir own supplies. Yost agreed with Sen. Mike Mansfield that the air at- :acks might end up with the numbing of Hanoi (Red capital of Viet Nam) and U.S. involvement in a Korea-type situation. Last night in an address at the Santa Rita Hotel to the local U.N. association, Yost said the U. S. had to exhibit firmness on the one hand and absence of provocation on the o t h e r in its policy to contain communism. The country might have to be f i r m for 10, 20 or 30 years, he stated. In that time, he added, Red leaders in Russia and China would develop vested interests they wanted to protect more than they wanted to evangelize the world for communism. "If they do change, it may be possible for us to live with them, but I remind you it is a long, long way off," he cautioned. Russia already is becoming less evangelistic, he stated. China, as a "new" Communist nation, still is in an expansionist mood. Yost started his Tucson tour yesterday morning with an appearance at city hall before Mayor Lew Davis and the City Council. He will close with a public address at 8 p.m. today in the University of Arizona Student Union. Yost said the U. S. has won 95 per cent of its battles in the U.N. He also has stated that the U. S. never has been beaten on an important issue He called the U.N. a golden opportunity to expose 109 other nations to the U.N Charter, to the American en vironment and to U. S. foreign policy aims. "The nations tend, on the whole, to see things our way," he maintained. Northerly Winds Blow Freeze, Snow To East By Associated Press Brisk northerly w i n d s wrought scattered freezing in several Eastern states today and snow to western Massachusetts. There were several record !ow May 2 temperatures in the unseasonable chill that covered much of the eastern third of the nation. Among them: Pittsburgh and Cleveland, 26; Charleston, W.Va., 28; Raleigh, N.C., 29; Louisville, Ky., 32; Columbia, S.C., and Nashville, Tenn., 34; Charleston, S.C., 36, and Savannah, Ga., 39. Three inches of snow that fell in Massachusetts' Berkshire Hills was the most ever recorded there in May. Precipitation continued as showers during the day. A brisk, gusty south wind warmed the Midwest, Grea Plains and Western Missis sippi Valley, and a cool fron from Minnesota to western Kansas brought scatterec showers. Hals Work Sells For $600,000 Old Masters Sold At Auction NEW YORK--OP)--Bidding by telephone from London ast night, an art dealer en tered the top price in a public auction and bought Frans Hals' "The Merry Lute Play er" for $600,000. The dealer, bidding for a private collector, purchased t h e painting t h r o u g h t h e Parke-Bernet Galleries auction. "The Merry Lute Player" was among a major collection of paintings by old masters that was saved from the Castro regime. T h e entire c o l l e c t i o n brought a total price of $1, 280,500. "The Merry Lute Player' was part of the collection of the late Oscar B. Cintas, who transferred his art treasures from Cuba to New York be fore he died in 1957 at hi; Havana mansion. Other ar collections which remained in Cuba were nationalized bj Premier Fidel Castro. "The Merry Lute Player was the most valuable of the Dutch artist, who executed it in 1625-27. Other purchasers, identified only as private collectors, brought Rembrandt's "Portrait of a Young girl," for $260,000; Hals' "Col Aernout Van Druyvesteyn" for $80,000 and another Rembrandt, "Portrait of a Rabbi," for $65,000. Edward Speelman,a London dealf- called in the top bid on the "Lute Player." The previous high price paid for u Hals was $509,600 at a 1960 auction in London, a gallery official said. Bidding on "The Merry Lute Player" opened at $500,000 at the auction, which some 2,000 persons attended. The collection was sold for the benefit of the Cintas Foundation of New York, which the collector established to encourage art in Cuba and provide financial aid to .tudents of Cuban lineage. Charge Made By Head Of Medical Assn. Tucsonian Dr. William B. Steen, new president of the Arizona Medical Association, today accused the administration of perpetrating a fraud by piling falsehood upon falsehood in its e f f o r t to win approval for Medicare. Charging that the government had "downgraded and degraded" the country's older citizens, Steen said the administration had deliberately "tried to stampede" people into believing there is "a na- -AP Wlrepholo 'MERRY LUTE PLAYER' SOLD BY PHONE "The Merry Lute Player," a p a i n t i n g by Frans Hals, has been sold for $600,000, a record auction price for a work by a 17th C e n t u r y Dutch artist. A London art dealer, bidding by t r a n s a t l a n t i c phone, bought the p a i n t i n g at an auction at the Parke-Bcrnet Galleries in New York last n i g h t . A guard stands by the painting. tional poverty crisis of the aged." BY USING THE older people as a "political football," the government had created a confusion of issues regarding the economic status of the - ', he Said. People had been led to believe the ; ed are all "sick, frail, disabled, friendless, uninformed, unattended and unwanted," Steen told the more than 200 doctors a t t e n d i n g the four-day annual convention of the association in the Pioneer Hotel. "It has been necessary," he claimed, "to downgrade and degrade this group of citizens" in order to make the American people believe that one segment after another of the population "has to be compulsorily and involuntarily brought under the control of the government." STEEN CHARGED THAT when the government saic "permit" it meant "compel,' and when it said "insurance 1 it meant "taxation." The government gets its money from coercion and it is w:" : ng "to saddle a tremendous burden of taxation on the back of the young worker," he said, adding that the taxation would pile up billions before any benefits are drawn from the program. The Tucson allergist saw the government's Medicare plan as a means of providing "hospitalization for the rich." It is immoral, he claimed, be cause they are "forging chains of economic slavery about the workers of America." Calling upon his colleagues to "stand and be counted" in the fight against Medicare ^ :-. Â· rn' that the doctor's adversary "is cunning, alert and adroit." So much is a stake: The medical care of the people and the loss of one more freedom, he said. STEEN OUTLINED THE American Medical Associa lion's "stra'egy against the passage" of Medicare legisla tion. the King-Anderson bill A community-level projec called "Operation Hometown' would soon be launched throLighou' the country to show the people that the pro is a "concoction o Bureaucracy" and "bad medi cine." .n said a much more ac ceptable plan was the Kerr Mills Act, under which fed eral funds are made available to states with medical care programs for the neadv aqed This state-administered pro gram has been implemented in Arizona to a limited extent applying only to nursing homes. Kerr-Mills is a step in the right direction of providin adequate medical care for those older persons who neec it, he said. He drew a t t e n t i o n to the iact that 28 states have passed this type of le.qisla tion, .dding that if it were more widely used it "woulc remove any need for federal type medical care for the aged." Steen complimented thi Arizona Legislature for ap p r o p r i a t i n g $160,000 to ini tiate plans for the state'? medical school at the Univer s i t y of Arizona. AND NOTING THAT mos doctors nowaday:, arc devd oping specialties or goini into s c i e n t i f i c research or admin istration, he said he hopec the s t a t e wJiild consider de velopmcnt of a "metlicn school s t a f f e d by teachers able to provide the "training --Citizen Photo DR. WILLIAM B. STEEN of a doctor to take care of patients." He emphasized the need for doctors in the United States. About 7,500 medical students are graduating each year from the medical schools, but at the present rate of population gro-:h double that number will be needed ir 10 years. Commenting on the state's hospital bed shortage, he said that the situation had been improved considerably in the ast few years through "he assistance of Hill-Burton rr- . . .' deral fr -Is. Still needed, how /er, are 3,983 "eneral hospital beds, 6,855 mental hospital beds, and 983 tuberculosis beds, he said. On top of this, there 'is a shortage of 2,742 n u r s i n g home beds, 2,742 chronic disease hospital beds, and 137 beds for diagnostic and treatment centers, he said. Postal Zone Setira Due For Tucson Tucson will be divided into postal zones July 1, Postmaster Harold Collins announced today. The metropolitan area will be divided into 21 zones. Phoenix now is the only city in the state w i t h such zoning, w h i c h was used unofficially here from 1950 to 1953. Purpose of the zoning is to speed sorting and processing of mail. Maps have been prepared delineating boundaries of the zones and all mail beginning July I should carry the zone number. At the same time an electronic volume mail processing system called ZIP will be put into effect here. ZIP (Zone Improvement Program) will s u b s t i t u t e a five-digit d i s t r i b u t i o n code number for the address of a given f i r m . It will be used for publishers, direct mail advertisers and other volume mailers who have automatic data processing machines. "The new system," Collins said, "will make it possible for businesses to pre-sort mail by existing automatic data processing e q u i p m e n t w i t h little if any additional effort or cost but with great savings in time and expense to post offices, resulting In better delivery of all mall," He said ZfP coded mnll will be able to bypass :is rmmy a* six hand operations.
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