HutchiiMon News Thursday, Oct. 7, 1071 Page 3 Two Judges Voice Protest At American Bar Proposal CAPACITY CROWD — There was standing room 1 only in the F and S Liquor Store as policemen check for fingerprints. By WAYNE LEE News Associate Editor Two Kansas district court judges, both of whom hnvc business interests, voiced protests here Wednesday to a tentative American Bar Association 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 themselves from hearing cases in which they have an interest. Judge Howard Kline of Wichita said ho 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 "sub' stantlal" before a judge disqualified himself, Judges Need Income Kline also said that because No Teacher Meeting Here This Year For the first time in recent years, Hulchinson will not be host to a teachers' convention this fall. In an economy move, Kansas-National Education Association will hold full conventions in only five cities, Tope- kii, Wichita, Hays, Parsons and Salina, on Friday, Nov. 5. Hutehinson will be a convention site next year. The spring convention session, March 24, also will be in the five cities selected for tills fall. Between 75 and 100 teacher delegates will moot at Hutchinson's Hilton Inn Thursday, Nov. 4, for the annual delegate assembly. Gary Smith, Lyons, vice president of this section, will preside at the discussions of professional and educational issues and election of officers for 1972. Fourteen Hulchinson delegates will attend. Schools will be dismissed for both the fall and spring teachers' convention days. For the first time, the Kansas Council of Administration, made up of superintendents, principals and other school ad- Hot Pants Caper TP T¥7 1 wo W omen Rob Store ministrators, will ing the leachers' meet dur- convcntion, Nov. 5, and Nov. 6 in Wichita, instead of in January. In planning only five meetings, instead of eight, as in the past, K-NEA could have better speakers, said Don Newell, president of the Hutehinson Teachers Association. K-NEA President Byron Smith, Anthony superintendent, lias chosen the theme "putting it all together" for this year's conventions. Wilson Woman Hurt In Plane Mishap WILSON, Kan. (AP) - A Wilson, Kan, woman received minor injuries today when the plane she was piloting flipped over upon landing at Wilson's Municipal Airport. The FAA reported Mrs. Charles Grauer, who was alone in the Cessna 170, suffered only bruises in the accident. The plane was severely damaged. Mrs. Grauer's husband is part-owner of the Wilson telephone company. FratBoo/e Rules May Change at KU LAWRENCE — Changes will be made in beer and alcoholic beverage regulations for fraternities at the University of Kansas if a recommendation by the Interfraternlty Council is accepted. The resolution recommends that beer and liquor be allow< ed on fraternity premises under conditions that use and possession follow slate Jaw and regulations of individual fraternities. It is also recommended that each fraternity flic'Its policies concerning beer and liquor with the office of the dean of men. Richard Dwyer, president of the IFC, said the proposal would be considered by Chancellor E. Laurence Chalmers Jr. and the Board of Regents. Police arc investigaling Ihe Wednesday night armed robbery of the F&S Liquor Store, 1017 East 4th, but feel the two young women who committed the crime have left the city. Detective Harold Mangles, assigned the case, scoffed at early broadcast reports suggesting the pair may have been men posing as women. Mrs. Harold Clark, 417 East Mill, who was working alone in the store at the time of the holdup, said the women were both wearing hot pants and while windbrcukcrs. She said one of the women was about 23 or 24, nearly six feet tall and had dark hair. The other she dcscril>ed as 20 or 21, 5-1'oot-G, also with dark hair. The pair debated tlie amount of liquor they wanted before pulling a, revolver and robbing the store. Mrs, Clark said the pair first asked for a fifth of whiskey, changed their minds and wanted Iwo. Then they wanted three. She brought the three fifths over to the counter, but the two changed their minds after talking it over. The short girl said, "Well, we'll take this (two fifths) and all the cash out of the drawer," as she pulled a small handgun from her pocket, pointing it toward Mrs. Clark's face. The other girl, about six fee tall, stood by the door anc ept opening and closing It, /Irs. Clark said. "She kept ask- ig me if the doorbell was an larm system. "I took my time putting the noncy into a sack and she kepi aying 'Hurry up,' " Mrs. Clark elated. "They kept telling me Don't touch anything.' I kept oiling them, 'I won't.'" Taking the two sacks of liq- tor and the sack of money con- aining $86 in bills and change he girls ordered Mrs. Clark o sit in a chair away from the elephone near the window Then they walked out and leaded south toward an alley Mrs. Clark said she waited mtll she was sure they were jonc before she got up and )honed her employer and pc~ ico. "Those girls were both vcrj attractive. They looked liki show people. They were heavily made up and it looked like thcj were wearing thick black wigs Phe little one with the gun ha pale blue eyes," recalled Mrs Dlark, who said she had nev »r been robbed before. Getting Headache Perched on a stool behind th counter talking about the rob aery, Mrs. Clark admitted rue fully, "I'm sure getting a heac ache." Name New Director MANHATTAN, Kan. (AP) Merle Eyestone, assoclale d rcclor of the Kansas 4-H Foun dation the past 10 years, wi become executive director No' i. Author of 'Gentle Coming Here Wall Morey, 1971 winner of the VII II am Allen White Book \.ward and the author of "Gentle Jen," will be In Hulchinson Oct. 8, to speak to students. His visit will be sponsored by lie Hutehinson Public Library hildrcn's department. "Gentle Ben," Morey's first ook for children, won the Amor- can Library Association Notable Book Award and Hie 1065 Duton Junior Animal Book Award. 'he book was made into a novie and a national television series. "Kavik, the Wolf Dog," the book for which Morey received the White Award this year, has also earned for Its author the 970 Dorothy Canfield Fisher Award and the 196S Dutton Junior Animal Book Award. Morey will come to Hutehin- son after speaking at the Wiliam Allen White Award Dinner in Wichita Oct. 27. Those interested in attending the dinner, which will be held in the Broadview Hotel Ballroom at 6:30 p.m., can make reservations through Mrs. .Winston Kirkhart, 1913 Fabrique, Wichita. Files Suit Over Accident Injuries A lawsuit for $247,000 was filed in district court Thursday morning by Sam Belt/, Stafford. Belt-/, claims that on Oct. 23, 1969, Hobart P. Blasdel, Plevna, "carelessly and negligently operated his car so as lo cause injuries to the plaintiff." Bcltz says he was damaged in Ihc amount of $247,000 due to permanent injuries, loss of income, and medical and hospital expenses. been and Jj. eard A country store will be a featured part of the Allen School Bui Cunningham said his com- 1 mlttee believes that the p r o- posal 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." He said the Texas Supreme Court has ruled that one share of stock In a business is n reason for a judge to disqualify himself. Cites Pressure Cunningham said his committee also agrees with the ABA proposal that a judge should no actively seek funds or other ale even for non - profit organl/a lions. He said it, is well knowi that pressure from a judge cai cause some persons to donate to a cause when they migh not otherwise. In Ills speech, Cunninglmn outlined several areas of disagreement with the All/ proposal. He said he did no think it would be fair to as judges to try to supervise gift carnival from 5:30 to 9 p.m. Friday at the school. A sweet shop will sell baked goods and PTA members will conduct various games, The menu will include sloppy Joes, hoi dogs, baked beans. The 4- + Hutehinson Theatre Guild's production of the comedy-mystery, "Oaten Mo If of the poor salaries for district judges in Kansas (which ranks 12lh from the bottom among the 50 slates), 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 lost, 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 hoars 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 to their offspring who are no vlng at home, He said he idn'l think It, was fair to utlges to ask them not to talk o persons about a case (his ommittee feels that "facts" .houldn'l be discussed, hovv- wer) or about national events. He said ho feels judges should )e protected from having to nake speeches at partisan events, but that they should )e allowed to attend them. He said closed circuit television of courtroom events should exclude hlngs 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 lo discipline a judge. Should Allow Arbitration And he said judges should bo allowed to act as "arbitrators' in labor and other disputes, will compensation, when they knov it will not interfere with thci own courts. He told the group that th ABA has wrestled long and liar to try to come up with a set o standards that crosses m a n slate lines and encompasse Inadequate salaries and in- ecure tenures," but he said pgraded standards arc being orced by a "hue and cry, os- ieclally in the public news me- lla." Draws Laughs He drew laughs from the and- ence when he noted that one of he 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 —it ,hey think I can, they're just plain foolish." "Several of the Kansas district court judges stressed that busi- icss interests for them are a mist, since the salaries are so ow. In several slates, some small- 1 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 solary scale rank- Ing for district court judges slipped from 35th to 3fith in the same year. Efficiency, Economy Advocates Switch To Six-Man Jury You Can,," will resume at 8:15 p.m. today at the Little Theatre, B and, Plum, The play, directed by Helen Anderson, has a cast including John-David Pulver, Kathy Niven and Abe Weinlood. It will be given Friday and Saturday nights also. Reservations may be made by calling Hilton Electric. + + t In ceremonies at Tulsa, Okla,, this week A. R. Carr, 213 Curtis, and O. J. Morris, 808 West Blanehard, South Hutchinson, were presented watches by the Cities Service Oil Co. The watches were given Carr and Morris by Kirby E. Crenshaw, president of the company, for 30 years service by each recipient. Both men are employed in the company's natural gas liquids division. + + 4 The popularity of campers mounted 'on pickup trucks is causing a remodeling of the drive-in facilities of the First Federal Savings and Loan As- socation, 9th and Main. "For years we had no trouble Announces Free Complaint Service BBB Spokesman Blasts 'Rise of Consumerism ' The Belter Business Bureau is expanding in Kansas "to combat the insidious rise of consumerism in this country," John J. Kenyon of Wichita said here Thursday. Kenyon, membership extension agent for the Bureau, was in Hutchinson to announce that Kansans all over the state soon will be able to telephone the Bureau, free, with consumer complaints, "Let's face it, we're in the hands of a group of angry young lawyers like Ralph Nader and Lance Burr and we've got to do something about It, This Is what this phone is all about," Kenyon said. Burr is the head of the consumer protection division of the stale attorney general's office. - Kansans will be able lo reach the Bureau by dialing 1-000-362-2182 "without cosl to the caller from any place in the state," Kenyon said. The number is in the new Hutchinson phone book, It will be in all the new phono books across the state. Up lo this year the Bureau's activity has been limited to Wichita and the surrounding area. Even with the limitation, Kenyon said, Ihe office receives about 50,000 complaint calls a year, "About 50 per cent of the culls we gel are settled right there on the phone. We want people to come to m rather than go to some politician, There has been a lot of feed off when people go to politicians rather than 9 Iwsincss organization tb.ut knows what It is talking about," Kenyan said. He noted that there are 800 to 900 consumer protection bills pending In Congress alone and said "llierc never has been anything like this in the history of American business." He said if the "tide isn't turned" American business "as we know it today"' "will' disappear into "a bunch of bad rules and regulations and restrictions that it needs like it needs a hole in the head." Kenyon said pro-business legislators and bureaucrats have "gotten so sick" of trying lo fight Ihe consumer movement they "started looking for somebody to dump it on and we gladly picked up the gauntlet," He sold the Bureau Is being backed In its expansion by "captains of Industry" who have "at last Jumped In there with both feet to ... attempt to stem the tide of consumerism, ..." Kansas businessmen arc discovering It is necessary lo "maintain the,proper image of the business community" while dealing wilh consumer complaints, Konyon. said. He said allegations that the Bureau lias been acting as a tool to protect businesses, not the consumer, had been "blown out of proportion" by members of the press. enforcement teeth for reluctant stales, Ivan Lee Holt Jr. of St. Louis, a circuit court judge, noted lhat judges who own farms, ranches and rental property (the most notable being apartment buildings) arc 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. Stephen 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, wilh a grin, lhat he thought that the compromise didn'l provide "equal justice" for all judges with any vehicle hitting the top of our drive-in facility roof," said James Casey, president of First Federal. "But this year we liavc had five or six campers hit the roof." While they were raising Ihe roof for the campers, officers at First Federal decided to widen the driveway and drive- in facility to allow two lanes of traffic. The outer lane will 1)0 serviced by a remote deposit facility. 4-4-4- John Sulton, county commission chairman, spent Thursday in Pratt at a meeting of the South Central Kansas Associa- Uon of Commissioners and Engineers. The association meets quarterly and will hold its next meeting in Hutchinson, 444. County real estate tax statements — 35,000 of them — were received late Wednesday afternoon at the courthouse and em- ployes were busy Thursday preparing them to be mailed Nov. 1, Grid Forecast: Great Weather By CONNIE HARRIS Judge Don Musser, Pltlsburg, told a conference of district judges in Hutchinson Thursday tho best way to hold down jury expenses is to cut down on the number of jurors. Quoting from a brief by U.S. District Judge Arthur J. Stan- Icy Jr., Musser noted several advantages of six-man juries, in addition to savings in juror fees. "Employment of the six- man jury will result in an obvious saving of time to the court and its supporting personnel, and lo counsel," he said. "The smaller number will save lime in calling, impaneling and in voir dire examination, and quite probably in the length of 'the period of jury deliberation." Musser s]X>lcc at Hie seminar and conference of the Kansas District Judges Association at the Hilton. The convention was to adjourn Thursday afternoon, but judges were expected to remain for the mid-year meeting of the Kansas Bar Association which opens Friday. Leon Juworskl, president of the American Bar Association, is scheduled to speak at a noon luncheon. In an interview, Mussor said he was "looking forward" to young jurors. "I think having them on the panel will be a wonderful, educational experience for thorn, and it should give the jury a better crosp section of the community than before," he said, Asked what the chances are of an 18-year-old actually serving in a case, Musser replied: "I wouldn't be surprised if the attorneys take them off. It's kind of hard to tell. A lot depends on what kind of person they are representing and whether they trust young people or not." Musser said ho has had good experience with women on juries, . and lhat he thought that "violates my constitutional rights." Vote Next Year? The ABA proposal, which has crealed a storm of controversy in the legal profession, may be voled on at'the ABA's national convention in California next year. But, as Holt noted, it may be a long time reaching the 50 slates, The current canons of elhics for judges were adopted in 1924, partly because of public pressure. But by 1937 only three stales had adopted them. By 1945 only 12 had adopted them. In the 1950s and 60s, 30 to 40 years dfter initial passage, 31 more slates saw fit lo 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 thai he thought they were needed to "restore the badly shaken public confidence In the judiciary in this coun- "Lols of time serving on a jury Is more convenient for them," he said, "If the woman's a housewife, she can put off cleaning and scrubbing until after the trial's over." Arraigned on Illegal Firearm Possession Jack 0. Taylor, 41, 1804 Lyman, Apt, C, was arrested and arraigned Wednesday afternoon, on a charge of illegal possession of a firearm. Tho charge is a, felony and tho warrant states that Taylor had a ,22 caliber pistol revolver "within five years after his conviction of forgery in the Scott County District C&urt," His preliminary hearing was set for Oct. 21 and he posted a $1,000 bond. • Mel in Army McCoy, Whiteside Longtime Friends TOPEKA, Kan, (AP The wealhcr service had good news today for state football fans and those who want to do things outside this weekend: The weather should be outstanding, A rapidly-moving cool front is approaching Kansas from the northwest and should pass through the state tonight and Friday, but it is expected to produce only a very slight cooling and litllc or no, precipitation. try." Warren P. Cunningham, cir- cult court judge in Houston, Tex., and chairman of the National Conference of State Trial Judges committee that is study- Musser noted from Stanley's brief that three slates, Florida, Utah and Virginia, have provisions making juries of leas lhan 12 men mandatory in civil jury trials. Thirty-seven oilier states have in some manner provided for jury trial wiih less lhan 12-man juries. In Jin Interview, Musser said he knew of 12 district judges In Kansas, Including himself, who arc or will be experimenting witli six-man juries in misdemeanor or civil discs. Kansas statute is not specific on Hie use of juries with less lhan 12 persons, and Musser said he anticipates an appeal will be taken soon to tho Kansas Supreme Court, "Then the Supreme Court will have to decide whether or not It's proper," he said. In a slww of hands, most judges favored the use of juries wilh less lhan 12 men. Among those who did not Indicate approval were local judges James Rexroad and William Gossage. Musser reviewed with the judges the specifics ol ! a new Kansas law which provides that jury lists bo prepared beginning Jan, I from "voter reg< Isti'ttllon records and enumeration or census records o£ Ihe county," (McCoy Interview Page 5) "He's a very attractive hombre." This is the way Col Houston L. Whiteside, 504 East Sherman, describes his friend, Col Tim McCoy, who will be performing in Hutchinson Friday night. "He's 81, you know, and, at Ms age, I think It Is amazing that ho Is able lo keep up with such s t r e n o u s work," Col, Whiteside said. Col McCoy, who began his theatrical career in Hollywood's first feature length movie, "Covered Wagon," more than 50 years ago, will appear nt 8 p.m. Friday at Convention Hall, along with Junior Samples, and the Col. Tim McCoy • Tommy Scott Country Music Circus a n d Stage Show. Col, Whiteside met Col, Mo- Coy during World War II when they were quartered together while attending the Adjustatit General's School in Washington, D.C. Keep in Touch "We trailed around Washing- together at lhat lime, and, although the school only lasted Iwo months, we've kept up our Ing the ABA proposal, explained to the Kansas judges lhat his committee Isn't sold on all of Ihe sections In the proposal, Ho noted that several stales ore already adopting their own code of ethics (apparently in an effort lo resist or blunt the national proposal before it is even firmed up), Ho said he believed any system for preparing the jury lists would be proper as long as it brought about random selection from a cross section of the com munlty. Under the new law, persons who are 18, 19, or 20 years oU will be eligible for jury selection. friendship ever since, lie calls and writes me often and we manage lo see each other when ever lie happens to be In llvls part of the country," Col. Whlte- iide said. "He was a rancher In Wycm Ing before ho started iwrforw ing. Ho went to Hollywood the first time when lie took Indians there to be used In the "Cover ed Wagon," film. lans, Ho stayed there in Hollywood for several months while hey were filming the movie nd some of the movie pro- ueors said, 'Why don't you tay In Ihe movies?' Col. Whiteside "Ho always had a touch of he theatrical in him, so ha tayed, and except for time put luring tho war, has been in tho nisiness since then," Whiteside aid. Col, McCoy eventually formed its own Wild West Show and raveled with it extensively, in urope as well as the United States. He now lives In Nogales, Ariz,, but, according to Whiteside, is seldom there, "He starts out In the middle of winter and travels all over with his show. He's still doing all the riding, roping, and fancy trick shooting he always did, Naturally, he's not as robust as be once was, but, he's still out there perform' lug," Whiteside said. Knew Sign Language 'He hud always been inter ested in Indian lore and was one of Uie few men in Iho wes who could use and understand Hie sign language of tho In Col, McCoy, "dabbled in poll- ties," along with his theatrical aweer, He ran for governor one year in Wyoming but was defeated, Whitedde said, Col, Whlteside just returned from Colorado, and hasn't heard from Col. McCoy yet, about his scheduled performance in Hutchinson. "But, I wouldn't bo surpriiwd that ho will be giving me a ring goon. lie always does when he's In the area/' Col, Whlteslde said.
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