The Hutchinson News from Hutchinson, Kansas on October 7, 1971 · Page 23
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The Hutchinson News from Hutchinson, Kansas · Page 23

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Thursday, October 7, 1971
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Ni ews COMMO SPECIALIST—Lloyd Maring, General Communications Co., Wichita, connects one of the thousands of wires leading to the sheriff's communication console at the Law Enforcement center. Wo Holers 9 Are Restroom First The county saved about $1,200 on the nearly $1 million cost of the law enforcement center by eliminating four toilets in basement restrooms—but the stalls remained. Men's and women's public restrooms and restrooms for men and women employes each have one more stall than they have toilets. "Why they put those stalls in, is beyond me," County Commissioner John Sutton chuckled. But Sutton said he voted with the majority of the six-member building committee to eliminate the four toilets saving $300 on each. "We were pretty well in agreement—hopefully we were being practical about trying to cut corners," Sutton said. "But we may have to put a portable pot in there," he said laughingly. All the upstairs restrooms in the building have a full complement of toilets as compared with the number of stalls. Beet Co-op Hopes to Buy Sugar Firm Briefs Crucial Vote Set (C) 1971 N.Y. Times News Service UNITED NATIONS, N.Y.— The crucial debate on Chinese representation in the United Nations is expected to begin next Thursday under a speedup plan devised by the General Assembly's president, Adam Malik of Indonesia. Common Woe OKLAHOMA CITY (AP) The states should band together in a common effort to solve the problem of drought, and they should proceed unhampered by federal control, Gov. David Hall said Wednesday. A Public Service? KANSAS CITY (AP) - Jackson County employes using county equipment have been resealing runways at the Grain Valley Airport, which is operated by a private group, it was disclosed Wednesday. Harvey A. Jones, county highway engineer, said he authorized county crews to do the work because he believed it was a public service. Begin Mop-up SAIGON (AP) - South Vietnamese troops began mopping- up sweeps along the Cambodian border Wednesday behind a North Vietnamese withdrawal. The North Vietnamese encountered apparently were rear-guard elements covering the withdrawal of the main forces from 10 days of heavy fighting on both sides of the border in a region 60 to 90 miles northwest of Saigon. Hutchinson News Thursday, Oct. 7, 1971 Page i STILL DRIVING AT 100 — He wears a hearing aid now and walks with a cane, but it doesn't stop Levi Records, Edinburg, Ind., from driving to the store or out to his family's (Hufchlnson News-UPI Telephoto) farm when he feels like it. Records, who celebrated his 100th birthday Wednesday, has been driving since 1912 when he bought a Ford touring car. He hasn't had a single accident. 'Nothing Really Changed,' Says Rights Unit Director GARDEN CITY - "Like it or not, our society is predicated on racism," Troy Scroggins, director of the Kansas Commission on Civil Rights, told the Garden City Human Relations Commission Tuesday night. "Nothing has really changed in civil rights since 1964 for the vast majority of blacks," he said. "Perhaps one in ten blacks have been helped by the civil rights movement, but not many of those who really needed it have been helped," he said, citing himself as an example. "It is fortunate that we have not had too many cases of violence, but I don't know how much longer our luck will hold out," he warned. As a guest speaker at the meeting, Scroggins told the commission it was an "ad hoc" unit which at best was a form of 4 California Youths Sentenced on Pot MEADE — Four California youths charged with possession of marijuana were found guilty in Meade County Court Wednesday. Each of the four — David L. Howard, 20; Paul W. Husbands, 21; Gary W. Koontz, 24; and William G. Bowers, 21 — were sentenced to six months in the county jail and fined $500. The four were arrested Sept. 19 after their rented van was found wrecked in a field near Meade. Sheriff Arlie Johnston said the driver, Koontz, lost control of the truck. The wreck strewed 500 pounds of marijuana about the field. The injured youths were found the next morning. Authorities recovered nearly $120,000 worth of marijuana. Troy Scroggins appeasement. He said this type of commission couldn't get the job done. The job requires paid professional civil rights workers who have laws to work with and the authority to enforce those laws, he said. Kansas has one of the strongest anti-discrimination acts in the nation, yet a housing act wasn't passed in the state until 1970, he said. "At best, it's something we can live with, but it needs revision." Few Cases Filed He noted that since the housing act was passed, only 15 cases of discrimination had been filed with the commission. Three-fourths of the cases involved rental houses. Seven of those were filed by white persons living in Wichita. Of the 1,000 cases handled by the commission, 990 have been complaints regarding employment, he said. Most of these were made by whites woo believe they were being denied jobs and promotions because of pressure on em­ ployers to hire minority applicants. He said this form of discrimination-in-reverse does exist and that many of the complaints were valid. Employment discrimination is no longer "blatant." He said it is now disguised and subtle, which makes it much harder to get evidence that will hold up in court. Scroggins said more complaints had been filed against one employer than any other — that being the state of Kansas itself. He said a survey done in 1968 showed the state's work force was 94.6 per cent segregated. Lyons Only Site Studied OAK RIDGE, Tenn. (AP)An abandoned salt-mine complex at Lyons, Kan., is the only site currently being considered by the Atomic Energy Commission as a national repository for radioactive waste, an AEC spokesman said Wednesday. "Other sites are now being used, but as far as a national respository for high-level, long- term wastes from nuclear power plants goes, Lyons is the only one being considered," the spokesman said. The spokesman added that the AEC initiated last week a "paper-study only" investigation of possible alternate sites in Kansas, but emphasized that the Lyons site has received prime consideration since June of 1970. GOODLAND, Kan. (AP) — A new sugarbeet growers' cooperative says it hopes to enlist 92 per cent of the 6,000 growers now contracting through Great Western Sugar Co. with an eye toward buying the firm, reportedly the nation's largest. The 66-year-old company's parent firm is Great Western United Corp., a Denver-based conglomerate. At a meeting in Goodland where about 300 beet growers, bankers and landowners appeared for a progress report, Robert Owen, who was removed as president of Great Western Sugar Co., last June in a corporate shakeup, said he will manage the new corporation if it is purchased. Agree to Checkoff Owen said growers have agreed to a $1 per ton checkoff on beets sold from the current! crop to raise $6 million as a down payment on the sugar company, the nation's largest Owen said the purchase price is estimated at $120 million, in eluding 19 refineries. Ten are in Colorado, four in Nebraska, two in Ohio and one each in Kansas, Wyoming and Montana. Ferguson Appeals Shoplifting Case Bennie L. Ferguson, 18, 233 Shadduck, convicted last week in municipal court of resisting arrest and shoplifting a package of soup, appealed the cases to district court Wednesday. The charges came as the result of an incident June 26 at Fitzgerald Grocery, 8th and Plum. Ferguson maintained in court that he had only stuck the 20-cent package of soup in his belt while he checked to see if he had the change to pay for it and was not shoplifting. He was fined $25 and sentenced to six months in jail. He is out of jail on an appeal bond. Two Judges Voice Protest At American Bar Proposal Panel Gives Okay TOPEKA, Kan. (AP) - A egislative committee put its final stamp of approval Wednesday on proposed amendments to reduce the number of constitutionally elective state officials from seven to three. Loses Engine WASHINGTON (AP) - An engine fell from a giant C5 transport plane preparing to take off from an Oklahoma base, the Air Force said Wednesday. The incident happened at Altus Air Force Base Sept. 29, some weeks after an inspection failed to turn up any defect in the mount holding the engine to the plane's wing. Cimarron Lad Has Top Crossbreed CIMARRON - An 18-year-old Cimarron youth showed his 1,195-pound crossbreed steer to the grand championship at the Kansas National Junior Livestock Show at Wichita Tuesday. The half-Charolais, half-Angus named Brute was selected tops from 303 steers in the show. "I can hardly believe it's true," said Greg R. Schartz, son of Mr. and Mrs. John F. Schartz Sr., Cimarron. The steer had been named grand champion at the Gray County Fair and placed third in his class at the State Fair in Hutchinson. By WAYNE LEE News Associate Editor (Related Stories, Page 15) Two Kansas district court judges, both of whom have business interests, voiced protests here Wednesday to a tentative American Bar Assoc iation ethics proposal that tells judges to give up such interests as fast as they can. The proposal, outlined by two guest speakers, also suggests that judges with financial interests, however small, should in the meantime disqualify thenv selves from hearing cases in which they have an interest. Judge Howard Kline of Wichita said ha has been in business for 15 years and he maintained that he has never let it interfere with his court rulings. He said he probably hears 100 to 150 cases a year that might involve him financially, and he said he thought such interests should only be "substantial" before a judge disqualified himself. Judges Need Income Kline also said that because of the poor salaries for district judges in Kansas (which ranks 12th from the bottom among the 50 states), that the judges "have to have outside income .... have to go into business." The salary of district court judges in Kansas is $19,500 a year. It was revealed late last year that of the 61 judges in the state, only 22 listed no substantial interest in businesses Some 39 judges listed substantial interest. Banking led the list, with 15 judges, or their spouses, engaged in it. Kline said some of the cases he hears now that might involve him financially "only mean a penny or two a year on my dividends at the most," and he said he thought the ABA proposal was too strict. In explaining the ABA proposal, which has a long row to hoe for final adoption and no enforcement teeth for reluctant states, Ivan Lee Holt Jr. of St. Louis, a circuit court judge, noted that judges who own farms, ranches and rental property (the most notable being apartment buildings) are exempted from the standards being forwarded. Was a Compromise "This was a compromise," said Holt, who has been on the ABA committee that is trying to finalize the proposal since it was formed two years ago. "Why do you compromise for the farmer and not the judges engaged in business?" asked Judge Robert T. Stephan of Wichita. Holt said it was felt that the exempted property would be less likely to be involved in conflicts of interest than business interests would be, and there is "a matter of adoption (meaning members of the law profession from rural states will have a big voice in the decision on the proposal's fate)." Stephan countered, with a grin, that he thought that the compromise didn't provide "equal justice" for all judges and that he thought that "violates my consititutional rights." Vote Next Year? The ABA proposal, which has created a storm of controversy in the legal profession, may be voted on at the ABA's national convention in California next year. But, as Holt noted, it may be a long time reaching the 50 states. The current canons of ethics for judges were adopted in 1924, partly because of public pressure. But by 1937 only three states had adopted them. By 1945 only 12 had adopted them. In the 1950s and 60s, 30 to 40 years after initial passage, 31 more states saw fit to join. In his speech explaining why the ABA committee wants to adopt tight rules on judges and business, Holt said that, "we know that if a judge has a case involving AT&T and he owns one share it won't sway him, but we think the public doesn't look at it that way." He added that the committee had worked long and hard in preparing the conduct rules and added that he thought they were needed to "restore the badly shaken public confidence in the judiciary in this country." Warren P. Cunningham, circuit court judge in Houston, Tex., and chairman of the National Conference of State Trial Judges committee that is studying the ABA proposal, explained to the Kansas judges that his committee isn't sold on all of the sections in the proposal. He noted that several states are already adopting their own code of ethics (apparently in an effort to resist or blunt the national proposal before it is even firmed up). But Cunningham said his committee believes that the proposal that asks a judge to get rid of his business interests, or disqualify himself from heading cases involving those interests, should mean "just what it says." Hire New Officers With Federal Funds GREAT BEND—A three year force up to nine men. Hired were federal grant received by the Barton County sheriff's office has allowed the office to increase its manpower and expand services "The grant will be a great help to us," said Sheriff Marion Weese, "and allow us to increase our services in many different ways." Two men were added to the department Oct. 1, bringing the Greg said he had named the steer Brute because he "smelled good," much like a well advertised cologne for men. Tliis was the second year he has shown in the Kansas National. The Schartz family has a 3,300-acre irrigation farm near Cimarron where they produce alfalfa, corn, grass and milo. Lunch Plan Is Upgraded (See editorial, page 4) WASHINGTON (AP) - Under congressional pressure, the Nixon administration upgraded Wednesday its school lunch plan for needy children but insisted the aid go only to the poorest of the poor. The Agriculture Department announced federal reimbursement to the states for serving meals to needy school children this year will be an average minimum of 45 cents a serving, a 10-cent boost from a 35-cent plan announced in August. Officials said the liberalized plan will add $135 million to the school lunch program, raising 1971-72 expenditures to $750 million. Last year the total cost was $536 million. Doyle White, a former Great Bend fireman, and Bob Tomlinson, Hoisington. White had been a captain of the Barton County sheriff's reserve deputies, formerly worked for the South Hutchinson police department and has been a reserve officer on the Hutchinson Police Department reserves. (Hutchinson News-UPI Telephoto) BEST LEGS—Pamela Butterbrodt, 18, a sophomore at the University of Miami, displays her prize-winning legs on a Chicago street. She won the $2,500 grand prize in a "Great Gams" contest sponsored by a foot care products firm after beating out 2,000 entries from 117 colleges. Returns to Freedom After 46 Years LANSING, Kan. (AP) Twenty-six applications for clemency and 46 years later, John Black, 78 and in failing health, shuffled from the Kansas Penitentiary Wednesday and declared the feeling was good— "I want to be free." Black, assisted by a lawyer and a prison official, was greeted outside the gate by two nephews, among his only living relatives. It was the start of a new life or a return to a world he had left on Dec. 9, 1925, convicted to a life sentence on a charge of murder. His memory is not clear about those days when he was linked to the slaying of Vincent Simanowitz. Sometimes he denies ever having killed anyone, other times he admits the crime. Remains Adamant On one point he is adamant: "If I did it, 46 years ought to pay for it." Black's prison number, 9217, was the lowest at the penitentiary and his period behind bars is possibly the longest confinement in the history of the state. In 1964 Gov. John Anderson commuted the life sentence to 65 years of life. He had applied for parole numerous times in the last seven years, but continued to be rejected. Robert Hedrick of Lea­ venworth, Kan., his lawyer, said the basis for the rejections was probably the lack of provisions for his care upon release. Last June, Hedrick submitted to the Kansas Board of Probation and Parole a program of release that called for Black's residence at the Excelsior Springs, Mo., Nursing Home. Acts Favorably The board acted favorably on the renewed request last Saturday. Black is to be cared for with money he accumulated while in prison — about $20,000 representing impounded funds from a monthly disability payment from World War I injuries. Tomlinson, a retired Air Force serviceman, was a member of the Hoisington police reserves. Two other officers, Jack Atteberry and Bob Yost, were promoted to lieutenants and will be working in traffic and accident invetigation. The federal grant under the Federal Highway Safety Act provides 75 per cent of the salaries of the two new men for two years and will pay 50 per cent for the third year. The $55,837 matching grant which breaks down to $34,518 from the federal government and $21,319 from the county also pays 50 per cent toward equipment for the men including guns, uniforms and equipment needed for patrol duty and traffic such as patrol car radios, sirens, lights and emergency equipment. Gives Mileage It also provides five cents per mile up to 40,000 miles per year for patrol or accident investigation travel. The need to increase manpower became severe after July 1 when the Highway Patrol began concentrating its efforts on state and federal highways, eaving county and township accidents to be worked by local officers. From January to July 1, 1971, the sheriff's office worked 34 accidents, leaving the others to the Highway Patrol. In a 90-day period after the Highway Patrol withdrew, the local office worked 76 accidents, the sheriff said. With the federal help, Weese said he hoped his office would be able to reduce the number of accidents on county roads. Two-thirds of the accidents in Barton County occur on county and township roads. In 1970, there were 348 accidents in Barton County. Of these 201 occurred on county or township roads. Two Bound Over on Calf Theft Charge Billy Joe Cross, 22, 322 East F, and John William Schoenhoff Jr., 20, 700 West 15th, were bound over to district court Wednesday morning on charges of grand larceny. They are accused of shooting a 120-pound heifer calf belonging to Fred Hoth. Sheriff's Deputy Merlin Mortimer had stopped the car the two allegedly were in to write a ticket for failure to dim headlights for oncoming traffic. When he walked to the back of the car to copy the tag number, he allegedly saw blood dripping from the trunk and subsequently found the calf in the trunk. Each posted a $1,000 bond in magistrate court Wednesday. He said the Texas Supreme Court has ruled that one share of stock in a business is a reason for a judge to disqualify himself. Cites Pressure Cunningham said his committee also agrees with the ABA proposal that a judge should not actively seek funds or other aid even for non - profit organizations. He said it is well known that pressure from a judge can cause some persons to donate to a cause when they might not otherwise. In his speech, Cunningham outlined several areas of disagreement with the ABA proposal. He said he did not think it would be fair to ask judges to try to supervise gifts to their offspring who are not living at home. He said he didn't think it was fair to judges to ask them not to talk to persons about a case (his committee feels that "facts" shouldn't be discussed, however) or about national events. He said he feels judges should be protected from having to make speeches at partisan events, but that they should be allowed to attend them. He said closed circuit television of courtroom events should exclude things like journalism classes. He said a judge's entire outside financial activities should n o t be on public file, only on file with the persons with authority to discipline a judge. Should Allow Arbitration And he said judges should be allowed to act as "arbitrators" in labor and other disputes, with compensation, when they know it will not interfere with their own courts. He told the group that the ABA has wrestled long and hard to try to come up with a set of standards that crosses many state lines and encompasses "inadequate salaries and insecure tenures," but he said upgraded standards are being forced by a "hue and cry, especially in the public news media." Draws Laughs He drew laughs from the audience when he noted that one of the members of his committee wrote of the ABA proposal which restricts the business activity of a judge's family too: "I can't control my wife —if they think I can, they're just plain foolish." Several of the Kansas district court judges stressed that business interests for them are a must, since the salaries are so low. In several states, some smaller than Kansas, the district court salaries are $11,000 a year higher. Kansas ranks 41st in paying its supreme court justices, a slip from 39th just a year ago. The salary scale ranking for district court judges slipped from 35th to 38th in the same year. Rodeo Set At Hays on Saturday HAYS — An action-packed weekend is lined up for Saturday and Sunday when the Ft. Hays State Rodeo Club meets its counterparts from Kansas State University and the alumni in a pair of match-rides. Top hands for Fort Hays, all of whom consistently manage to break into the top four spots in amateur rodeos, aire Bronc Rumford, Abbyville junior; Deon Hudson, Marienthal senior; and Alan Likes, Salina junior. The KSU Wildcats will open the action at 2 p. m. Saturday, and the Tigers will take on the alumni team at 2 p .m. Sunday. Hudson will compete in all riding events; likes will see action in bareback and saddle- bronc riding and steer wrestling; and Rumford will be in all stock events. Rodeo clown will be Joe Hedricks, former Fort Hays State rodeoer. In charge of the match for the Tigers will be Jim Zolten- ko, Hardy, Neb., senior, and Al Dreiling, Hays senior. Stock will be provided by Floyd Rumford, Abbyville. Tickets are (1. Children under 12 will be admitted free. Events included in the two-day affair will be bareback riding, saddlebronc riding, bull riding, steer wrestling, calf roping, pole bending and barrel racing.

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