The Hays Daily News from Hays, Kansas on December 22, 1976 · Page 12
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The Hays Daily News from Hays, Kansas · Page 12

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Hays, Kansas
Issue Date:
Wednesday, December 22, 1976
Page:
Page 12
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HAYS DAILY NEWS PAGE n December 22,1976 Of •* TOPEKA, Kan. (UP!) "The attorney for the. Kansas "•'Finance Council says he will Consult with Gov. Robert •Bennett and council members 'Before deciding whether to -"appeal a court ruling i Court ;. Blocks Executions DALLAS (UPI) — A .^Supreme Court ruling Blocking the scheduled niexecutions of three Texas men Convicted of killing police officers came as no surprise to the defense attorneys involved. "I wan't surprised," said Tom S. McCorkle, attorney for Doyle Glenn Boulware, who was convicted in the murder of a police officer sent to investigate a domestic quarrel 'Ztn Dallas. "But it's a tricky icgame you play to stay one step tto^head of the hangman." -ni Supreme Court Justice sitewis F. Powell Tuesday orbtayed the Dec. 27 execution of ofioulware and the Jan. 31 •iifexecutions of Larry Joe Ross asand Selwyn Barry Gholson, IriThe stays are good until the oiDigh court disposes of their ^..appeals of rulings by the •'•Texas Court of Criminal ^Appeals. , All. three convicts are on [ideath row at the state prison ((.at Huntsville. Because of a i I/Texas, penal code rule 'now .^tbeing enforced, prisoners on death row cannot be interviewed by the news media. McCorkle characterized Boulware's mood as "quite content. He's institutionalized. He's been writing and intends to write the story of his life," McCorkle said his appeal concerns jury selection using the "Witherspoon rule" — in which a person cannot be excluded from a jury because t Jie does not believe in the *"tleath penalty. J^ n McCorkle said 20 jurors •^were excluded because they •('did not believe in capital a .T>unishment. The court ad- ai fritted they were excluded, yflijt' jjleCorkledid not object ^Shd therefore the error was Waived. S'" McCorkle said his appeal states that even if there is no B objection, the Witherspoon grille still is in effect. !o °. Ross' court-appointed attor- ^V%ey, Gerald M. Brown of temple, said he expected the ~"ktay because he thinks the Supreme Court "wants to look at any death case closely." ••it" Ross and Gholson were Convicted in the fatal shooting .'iin September, 1974, of an off-duty highway patrolman who m:\vas attempting to* find per- r >Jsons who had robbed the -:Walbure State Bank. declaring council actions unconstitutional. Shawnee County District Judge Adrian Allen Tuesday said the 1976 legislature failed to provide 1 specific guidelines for certain legislative powers it delegated to , the nine- member 'body, making the delegation of powers void and in violation Of the Kansas constitution. "I'll have to talk to my clients, namely the governor and the members of the ru (Caroling Merry •Christmas and thanks to our many kind patrons. YOUNGER ELECTRIC 3041. llth Hqys council, and if they direct that art appeal be taken, then of course, one will be and we'll ask the Supreme Court to hear it at the first possible opportunity," said Charles Henson, attorney for the council. The decision strips the Finance Council of many of its powers for the second time in two years. The ruling did allow the body to continue, to .administer the $1 million state emergency fund, designed to handle emergency ex- penditures necessary after the legislature has adjourned. The council, made up of legislators and chaired by the governor, has wielded powers enabling it to act for the legislature while it is not in session. The ruling was made in the second successful ouster suit filed against the council by Attorney General Curt Schneider. The Supreme Court last March declared unconstitutional council control of the Department of Administration. Following that decision, the legislature ceded some council duties to the governor and passed laws attempting to restore other ^powers to the council. Despite the new legislation, . Allen said lawmakers failed to provide adequate guidelines for the Finance Council to exercise legislative powers. "I hope the legislature will look at the opinion before they waste any more ot the taxpayers money in trying to perpetuate the elite group they have attempted to set up once again," the attorney general said. "They've been told by this office, the Kansas Supreme Court and by this district court that legislative attempts to both appropriate and involve themselves in expenditure of the monies is unconstitutional." Schneider said-spending money is a function of the executive branch and that the council attempted to usurp . that power in violation of the constitution. The Allen ruling said the council may no longer increase expenditure limitations within appropriations of special revenue funds or authorize an agenCy to exceed limits in an appropriation act to hire additional employes. The court also said the council may not authorize .an agency to exceed limits on spending of reapproprlated general fund money. The council was forbidden to' approve agency expenditures of money from federal grants or other sources. The. court also said the council cannot approve the transfer of money from, nn Educational Building Fund appropriation to another item onipproprlation for a project at the same institution or other regents Institution. pre-Chnstmas SAVE 25% Rival Crock Pots •3% Qt.slzo •Chaos* avocado or flame Reg. $14.97 SAVE 25% Girls' Cookwore Sets Reg. to $3.87 ... Mattel's Happy Birthday Doll Reg. $14.97 Wake Up Thumbelind Doll Reg. $10.88 Barbie's Beauty Center Reg. $10.98.. 25% Off $ 8.98 $ 8.16 $ 8.24 SAVE 33% Broth's 4 Lb. 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