Idaho State Journal du lieu suivant : Pocatello, Idaho • Page 11

POCATELLO. IDAHO, WEDNESDAY, JULY IDAHO JTATE. PAgfJ IN BLACKFOOT SCHOOL DISTRICT Board Tables Athletic Subsidy By O.K. JOHNSON Journal Staff Writer BLACKFOOT-Blackfoot school board Tuesday night voted to table discussion on a proposed $15,700 subsidy to the high school athletic department. High School principal Vaughn Hughie asked the board (or $2,700 to eliminate an existing deficit and an additional $13,000 to bring the athletic budget to the 1976-77 figure of $30,000.

Hughie said at least $17,000 would be generated through gate receipts and student body funds to reach the $30,000 figure. "This isn't an increase," Hughie said. "This is just to maintain our present level." Superintendent Spence Gardner recommended the board table discussion until the new board takes office at the next meeting. He also recommended Hughie come up with alternatives if the board does not subsidize the program. The board contributed $24,000 last year to eliminate a $17,500 deficit.

In other action, the board reorganized itself, naming two- year member Diane Powell as chairman, the first woman in the district to hold such a position. Allen Staley was named vice chairman and Tom Trahant as board clerk. The board also tabled discussion on new junior high school pod walls which would cost the district an estimated tabled discussion on a committee report recommending language revision of 37 policy manual sections and approved the hiring of five new teachers and release of two others. Gardner told the board that professional teacher contract negotiator Fred Hahn, an Idaho Falls lawyer, said federal mediation probably would not begin until the first week of August, six and one-half weeks after the last negotiating session. To date, Hahn has billed UK district for $1,100 for his services.

The board Is required to review their agreement with him when the bill reaches $2,000. Gardner said Hahn had tried to arrange a meeting sooner but added it would be quite difficult. At the June 24 negotiating session, the board team and a a i Association reached Impasse, requiring federal mediation. The board voted to grant a five per cent across the board raise to owners o( bus services and tabled discussion on new school sites. Following a one hour and 10 minute executive session, Ron Reese, Stoddard Elementary School principal was named vice principal under Ted Rarnsdell at the junior- high, creating an opening for an.

elementary school principal. Gardner said the opening be publicized in Idaho placement bureaus, unlver-. sities and neighboring states. In a 4-1 vote, the board agreed to give Gardner a contract at his present effective Jan. 1, 1977.

Gardner had been working without a contract since that date. The" superintendent's salary, according to contract language, is reviewed annually. New board member Larry, Johnson cast the only dissenting vote. Tribe Firm on Zoning Rights FORT HALL-The Power County Commission Tuesday asked the Fort Hall Tribal Business Council to appoint two non-Indians to the tribe's land use planning council, joining the three tribal members on the panel. Observers of tribal government say that isn't likely to happen.

The commissioners proposed the alternative thai Power County be allowed to administer and enforce their own county zoning ordinance on alienated lands owned by non- Indians within the reservation boundaries. The observers say that is equally unlikely. Tribal council member LaNada Boyer, in a telephone interview, told the Journal the tribal council was reviewing the commissioners' suggestions but added the tribal constitution's requirements "make it difficult enough for an Indian to serve, let alone a non-Indian." "It's really a matter of recognizing and accepting the law," Ms. Bpyer stated. "We don't think there is anything here that we can decide as a board." "They talk to us about possible violence from people- we think what they have to do is take a strong stand, and if they don't like it, federal court is the place to air the question.

I wish they would go to their attorneys and the court instead of to the press." Ms. Boyer added the tribal council does intend to maintain contact and conversation with the Power County commissioners and other area governments. Dan Mabey, tribal land use policy commission director, said Tuesday the tribe intends to set up a citizens advisory committee for land use which can include Indians and non- Indians but does not have decision-making powers. "Our policy is to keep the reservation for the Indians," Mabey said. Non-Indians who live and own land on the reservation argue that they-are deprived of representation on the Jand use council because flie tribal constitution permits only enrolled Shoshone-Bannocks to run for office and hold voting positions.

Led by Power County commissioner Seth Neibaur, they are asking either for voting powers or exclusion from tribal jurisdiction. Commissioners Tuesday also asked for a meeting of game and law enforcement officials to determine roles and areas of jurisdiction in hunting and fishing areas before the beginning of the fall goose season on the reservation. Ms. Boyer said the same principle applies to this issue, that "they should recognize the law as it is and take a strong stand in support so people will not question." She continued that treaties creating the reservation specifically assign hunting and fishing rights to tribal members living on the even all Indians have hunting and fishing rights, if they live off the that the ownership of land does not carry with it any rights to game. Asked, about allegations of harassment of non-Indians by.

tribal police and game wardens, she said the tribe would investigate any specific incidents of harassment reported to them. "If there is a. problem," she said, "we will straighten it out." Utah Marshals Seize Camera SALT LAKE CITY (AP) Acting under orders from U.S. District Court Chief Judge Willis Ritter, two federal marshals Tuesday wrestled a television news camera from a KUTV photographer at the federal court-post office building in downtown Salt Lake. For several years, Ritter has banned cameras from the federal building, which includes the post office and several federal offices as well as courtrooms.

Reporter Bill Brown and cameraman Greg Droubay said they were in the building to interyiew a deputy U.S. attorney when marshals first stopped them. Later, the marshals returned and took the camera, but not without a scuffle. Droubay said the camera, valued at $42,000, was banged around in the tug-of- war. Brown later said the marshals conferred with Ritter before seizing the camera.

Ritter has forbidden artists to make sketches In courtrooms, and he has prohibited them from drawing court scenes from memory. The Utah branch of Sigma Delta Chi, the society of professional journalists, is contesting Hitter's ruling on courtroom artists. Local SDC president Sandy Gilmour said Tuesday night the matter of the camera seizure will be added to the suit. "It's an outrageous theft of private property by U.S. marshals under orders from a federal judge," said Gilmour, a reporter for KUTV.

"His order a i photographic equipment from the entire postal building prevents adequate coverage of nearly a dozen federal agencies in the building," he said. "It's an obvious infringement of First Amendment freedoms, an undemocratic order, and the society intends to have tt overturned in a higher court." He said higher courts have already ruled that artists must be permitted to do sketches. He said SDC was not challenging Kilter's order banning from the courtroom or the immediate vicinity of courtroom. Take it Easy A float boat slips down the Middle Fork of the Salmon River in the Idaho Primitive Area, some 15 miles above the main Salmon and just below Cllfflsde Rapids. Joe Adams, guide for Norman and Bill Guth of Salmon, operates the craft, one of hundreds floating the Middle Fork this summer.

(Photo by Journal Correspondent Bob Johnson) Tax Group to March on Federal Court Coach Bucks Dismissal BLACKFOOT-A high school football coach here is fighting the school district's attempt to take coaching responsibilities away from him. Dave- Muniz has filed suit against the Blackfoot School District that asks for either $175,000 In damages or reinstatement as a high school teacher and football coach. The district has assigned Muniz teaching responsibilities in the junior high. Muniz, whose team tied for the East Idaho Conference title in 1975, was removed as football coach after a 4-6 record last season. Blackfoot teams have a 19-20 record for Muniz's four years as coach.

Muniz reportedly will receive support from the Blackfoot Education Association in the legal action. His attorney is Robert HuntleyofPocatello. Football practice starts in three weeks, but a replacement for Muniz has not been named by the school administration. IDAHO FALLS (AP)-An Idaho Falls man announced Tuesday a lawsuit is being filed in federal district court by 24 Idaho Falls residents alleging discrimination, denial of constitutional rights and unequal application of rules in their controversy with the internal revenue service. John H.

Giles, a meat cutter, went to Boise Tuesday to file the suit. Guiles said he and supporters will hold a "funeral procession" Sunday and Monday from Idaho Falls to Pocatello to attend a special trial session of court. Giles explained the suit alleges that "plaintiffs were denied discovery when a protective order was granted by the court protecting IRS from anything the plaintiffs attempted to do to protect themselves." He said the suit "further contends that plaintiffs have been denied a judge, a jury and any post-trial remedies by. order of the court which assigns an IRS commissioner to act as judge and confers powers upon him in handling the case." Giles.said several parties to the suit have stated that "the IRS informed them that they absolutely would not have the! constitutional rights in tax court which are guaranteed a i i a i i i a proceedings. "These parties speculated they might be in a better position had they committed a heinous crime." Giles said the plaintiffs ask for any relief the court may grant, mandamus, prohibition, declaratory judgment and injunctive relief.

"We trust it to grant some sort of relief whereby this case might be fairly litigated," said Giles. "One party to the suit explained that this situation is no different than in the days of the Mafia when gangs would go into a place of business, demand huge sums of money or they would ruin the business and perhaps bring harm to the family of the businessman," Giles said. They said they would hold the "funeral procession" if denied relief from the courts. Giles said the group will leave Idaho Falls Sunday at 4:30 p.m. and spend the night at Chub- McCammon Rodeo Friday, Saturday Historians Plan Restoration McCAMMON--Specialty appearances by the Choctaw Girl Riders Friday evening and the Silver Sage Riders Saturday will highlight the 37th annual Marsh Valley Rodeo, opening both nights at 8, The event is an Eastern Idaho Rodeo Association event.

Rodeo activities include a chuckwagon breakfast Saturday from 7 to 11 a.m., followed up with a 5 p.m. parade. Stock producer for the event, one of the oldest small rodeos in Eastern Idaho, is PP Co. Prescott Rides will provide a carnival in addition to the rodeo'action. New Water Plan Hearings Set BOISE, Idaho (AP) A round of hearings on the state water plan has been tentatively scheduled for Sept.

State Sen. Reed Budge, Soda Springs, says. The three sessions have been tentatively set in Idaho Falls, Preston and Twin Falls. Three days of hearing would be held in northern Idaho the following week, Budge said. "During the legislative session, so many people expressed their concern with the water plan that has been developed.

These public hearings will be their opportunity to correct those areas they're concerned with," he said. The plan had been accepted by the Water Resources Board, but the legislature passed a bill rescinding approval as of July 1. The water board and council came under fire at an April Legislative Council meeting, leading to the appointment of an interim committee. Sen. Cy Chase, D-St.

Maries, criticized the board's support for wild and scenic river status for the St. Joe River, while Budge objected to the way the board conducted public hearings on the plan in southeastern Idaho. On Tuesday, Budge said the interim committee, after conducting its September hearings, will report its findings to the legislature next winter. The water plan could be voted on next session if the controversies are settled, he said. would like to try to restore Bingham Historical Museum as it was in the early 1900s when it was built," Mrs.

Eunice Cammack, museum director, told Bingham commissioners on Monday. "It was one of the first buildings in Blackfoot, and one of the finest old homes, built by a Mr. Brown who came from the south in his Pierce-Arrow, with his wife and servants. "I remember when I was about sixteen, seeing the red velvet brocade tapestries on the wall. We would like to restore the rooms to a point, as nearly as possible, and to locate some of the original furniture, and.

put on a drive for fine old furniture." Mrs. Cammack was accompanied by Mrs. Lottie Gibbs, president of Daughters of Utah Pioneers, and Mrs. Ruth Packer, a "helper" on the restoration project. "We had 400 visitors to the museum during the month of May, and have some very outstanding things," Mrs.

Cam- mack said. The museum is open three afternoons and three evenings each week. A new addition to the museum is a file of all Blackfoot newspapers from the early 1900s, Mrs. Cammack added. The museum women said they would like to restore the original balcony railing on the outside, but they thought money that had been intended for adding storm windows was not really needed and could be better used inside.

Commission chairman Willard Wray said, "Anything you can do within your budget is all Their budget for the rest of the year to Oct. 1 when a new budget will be made is $5,201 but this has to take care of maintenance too, commissioners advised them. "Then you can anticipate your needs for the new budget." On the present budget, $4,000 is from revenue sharing money for museum renovation. Olds Denied Murder Mistrial Ruling State Rejects Tax Moratorium BOISE, Idaho (AP) The State Tax Commission has rejected a request from an Ada County Republican legislative delegation which sought a oneyear moratorium against taxing county property owners on values established In a i reappraisal program. State Sen.

James Risch, RBolse, said the request was made in an informal meeting last Thursday between the delegation and the commission. "The tax commission i a a moratorium would not be in the best Interests of UK taxpayers of Ada County," Oie com- mission said in a position paper issued Monday. It said Inequities "may exist" in the new values but "will certainly be fewer in number and amount than the inequities that have existed in the valuation which were used for 1976 and earlier taxes," the commission said. "To recreate and update these values to reflect additions and new constructions would create administrative problems which would be nearly Impossible, if not Impossible, to overcome." The legislators did not demand a moratorium, Rlsch said. "It was a very, very amiable seision where everyone came up with ideas to solve the problem.

One of the things discussed was a moratorium. There was considerable legal question about whether a moratorium could be passed, anyway," Risch said. 'I'd say that was not really as Important as some of the other actions we asked the commission to take." The commission said it will conduct "a thorough ratio study" to determine at what percentage of market value the property Is assessed. "We have to do this every year in counties, for that matter," said tax commission chairman Jenkin Palmer. LA GRANDE, Ore.

(AP) The murder trial of Michael A. Olds went into its third day today after Circuit Court Judge Jack Olsen denied a defense motion for a mistrail. Olds, 34, of Walla Walla, is charged in the shooting death of Steven Schmerer, 23, a College Place, taxi driver whose body was found near Pendleton April 6. Olds pleaded innocent by reason of mental defect. Olds was paroled from a Washington state prison in 1974 after serving 13 years for murdering a grocer.

Defense lawyer Dennis Hachler requested the mistrial on grounds the prosecution was Introducing testimony about other crimes Olds is charged with. Hachler filed the motion after Marion J. Rlley, 74, of Pendleton, testified that Olds shot 75-year-old Mary E. Lindsay of lone. Riley also testified that he was abducted at gunpoint by the defendant.

"I'm prepared to defend the murder case, but not all the other cases," Hachler said in arguing for a mistrial. Olsen denied the motion, but told Hachler he could renew the objection if Umatilla County Dist. Ally. Fred Bennett went too far afield as the trial progressed. Hachler said during a recess he plans to renew his request for a mistrial.

In addition to the Schmerer killing, Olds is charged with murder in Mrs. Lindsay's death and with kidnaping Riley and Grace Davis, 63, of Hazelton, Idaho. He was arrested in Pittsburgh April 11 after allegedly abducting a father and son in Pennsylvania. In testimony Tuesday, Riley said he was abducted by Olds April 5 after picking him. up on a rural road.

Riley told the court he and his wife were held captive in their home that night. Riley said he and Olds left the house in Riley's vehicle the next morning and Mrs. Lindsay was abducted thai afternoon. Riley's four-wheel-drive vehicle was found at the Lindsay residence the next day. Riley testified Mrs.

Lindsay drove her car for about hours before Olds said, "1 think I'll let her go." Olds helped Mrs. Lindsay out of the car and helped her put on a sweater, Riley said. He told the jury Olds and Mrs. Lindsay walked up a hill 20 or 30 yards from the car then, Riley said, he heard a shot. Olds returned alone and said, "Let's go," Riley testified.

Mrs. Lindsay's body was found later by authorities. Charles Whealy, a truck driver from Walla Walla who described himself a drinking buddy of Olds', also testified for the prosecution Tuesday. Whealy said he sold Olds a automatic pistol, a holster and ammunition for $135 Aprils. Jonathan Spilker of the Oregon State Police Crime Laboratory testified bullets were recovered from Schmerer's body and from the taxi cab in which the body was found.

Umatilla County Medical Examiner Paul Knowles told the jury Schmerer was not killed Instantly. "Death could have taken an hour or two," Knowles said. Whealy also testified that Olds made a telephone call from a pay phone at about 2:15 a.m. April 3. Whealy said he drove the defendant home about 2:30 a.m.

The dispatcher for the taxi firm that employed Schmerer had testified Monday that she received a call about that time from a man requesting a cab for a trip to Pendleton. The dispatcher said the caller gave Olds' address and Schmerer was dispatched for the trip. buck, north of Pocatello, and then continuing the journey to arrive at a special session 6f U.S. District Court at 10 a.n. Monday.

Giles said the Monday hearing will be on a motion Idf partial summary judgment'- entered by the IRS for a demand of all sums due arid payable and a motion for consolidating all of the cases of all 24 plaintiffs. Magic Reservoir Down to the Rock SHOSHONE, Idaho "(AP) Magic Reservoir is expected to go dry by the end of this week, ana Lincoln County Extension Agent Ivan Hopkins said some local farmers may store their tractors and go on vacation. Storage water in the reservoir is down to 7,769 acre feet, said Reid Newby, the Big Wood Canal water-master. "I'm pretty sure the end will come this week, probably. Thursday or Friday," he said.

But he added a good rain could delay the drying out. The reservois supplies water to farmers in northern Lincoln and Gooding counties. Once the reservoir water supply out, farmers will have to depend on natural flows from the Big and Little Wood Rivers. "As long as those rivers have water In them, we'll deliver it, based on water rights," he said, Hopkins said farmers have been told to expect the end ot' reservoir water supplies by mid-July, so it's not a surprise" to them. Pension Bill Passes Housed BOISE, Idaho (AP) A biU which will increase pension, benefits to aged veterans and their widows and children passed the House Tuesday, Rep.

Steve Symms said. Symms, R-Idaho, in a release from his Boise office, said the Veterans and Survivors Pen. sion Adjustment Act increased benefits to veteran's widows over the age of 78 by 25 per cent He said it will Increase per cent pensions to. veterans, widow's or children, and payment for parents receiving dependency; and indemnity compensation. Symms said the measures appropriate for veterans "have given their best for the' United States and now need and deserve entitlements provided In these bills.".