Argus-Leader from Sioux Falls, South Dakota • Page 2

House plan would require warrant for opening mail ft -V- 2A Sen Wis Arj H-Utvtf TlinNoT.3,lf77 Elsewhere Kenneth W. Sayles Former Flandreau resident Kenneth W. Sayles. 64. Bellflower.

died Oct 21 in a Long Beach. hospital. Mr. Sayles was bora Jan. IS.

1913. in Flandreau. He moved to California in 1936, and married Marjorie Heineman in June 1940. Survivors include his wife; a daughter, Mrs. Dockum Shaw, Hills-boro.

two granddaughters; a brother, Robert Hollywood. and four sisters, Mrs. Fern Murphy, Flandreau; Mrs. Thelma Werner, Sioux Falls; Mrs. Marjorie Pitassi, Harbor City, and Mrs.

Dorothy Pitassi. Los Alamitos. Calif. Larceny appeal ruling reversed PIERRE. S.

D. (AP) South Dakota's Supreme Court Thursday ordered a new trial for a Sioux Falls man convicted of grand larceny. Reid Gerdes was charged with burglary and grand larceny in connection with the theft of a tape player in Sioux Falls. A jury acquitted Gerdes on the burglary charge but found him guilty of the grand larceny Disclosure of the mail-opening program this year was the first of its kind since revelations earlier this decade of large-scale openings by the CIA and FBI. The report said openings of packages entering the country probably should be allowed upon "reasonable cause to believe they contain dutiable goods or contraband." But it suggested that first-class letters be subject to a warrant before they can be opened.

It said correspondence should be read only if a warrant is obtained. The committee investigation revealed that customs agents for two years routinely turned over to military investigators eorrespon- dence to or from servicemen. In these cases, in which a warrant was not sought, the military authorities used the correspondence to investigate the source of the illegal items. "Record-keeping in connection with the mail openings is totally inadequate." the committee report said. "No data except gross estimates is available on many items are opened." After the investigation began, customs officials pledged they would begin keeping such information.

The panel also found that mail has been delayed as long as 90 days while customs agents waited for other federal agencies to decide if they would seek a warrant to open correspondence accompanying seized goods. WASHINGTON (AP) -The federal government's practice of opening some mail from overseas intended for private citizens would come under severe restrictions if Congress accepts recommendations made by a House committee. The government operations committee said Wednesday the federal authorities should be required to obtain search warrants before opening people's mail. The paneL reporting on a subcommittee's investigation of the Customs Service's mail-opening program, concluded that the practice should be permitted only under special circumstances specified by Congress. It suggested Congress start by making it illegal for the government to open any mail without a court-issued search warrant or permission of the sender or addressee.

"Violations of such a law should be criminally punishable by fine or imprisonment." the committee said in the report, which was approved unanimously. The committee has no jurisdiction to initiate legislation on the subject, but is expected to draft a bill for some other committee to consider next year. The Customs Service has acknowledged opening about 270,000 pieces of mail last year as they came into the country, searching for illegal items such as narcotics and pornography and for merchandise on which no duty has been paid. Autumn ride A Longmont, woman and her horse take advantage of unseasonably warm weather for a ride on the beach at the Union Reservoir near Longmont (AP Laserphoto) Former policeman convicted of kidnap-murder of teen-ager Magazine says CIA tried to kill Jamaica president Area Mrs. Tena Nelson VERMILLION, S.D.-Mrs.

Tena Nelson, 88, died Wednesday evening in a local hospital following a long illness. Services will be at 11 a.m. Saturday at the Trinity Lutheran Church. A scripture service will be held at 7:30 p.m. Friday at the Wagner-Iver-son Funeral Home.

Tena Nelson was born June 23. 18S9. in Denmark, and came to the United States as an infant. She was married to Theodore Nelson Dec. 14.

1911, in Vermillion. Mr. Nelson died Aug. 7. 193.

Survivors include a daughter. Mrs. L.J. Rayburn, Vermillion; a son, Carl. Woodland Hills, 12 grandchildren and 12 great-grandchildren.

Hilda Staley MADISON Hilda Staley. 75. died Wednesday in a local hospital. Services are planned for 10:30 a.m. Saturday at Trinity Lutheran Church.

Hilda Sold was born at Colman March 25. 1902. She married Daniel Staley there Aug. 8, 1925. The couple moved to Madison in 1925.

and Mrs. Staley taught school in the area for many years. Mr. Staley died Nov. 16, 1959.

Mrs. Staley was. serving as Grand Noble of the local Rebekah Lodge at the time of her death. Survivors include a son, William, Rapid City; three daughters, Mrs. Otto Goerges, Fargo, Mrs.

James Sandy, Wilmington, N.C., and Mrs. Lawrence Hartung, Mitchell; a brother, Olaf Nold, Flandreau; three sisters. Mrs. Clara Byrne, Madison; Mrs. Agnes Gill, Sergeant Bluff, Iowa, and Mrs.

Helen Naylor, Long Beach. 13 grandchildren and one great-grandchild. (Hallenbeck) James Jellema ELLSWORTH, Jellema, 88, died Wednesday in a Lu-verne hospital. Services will be held at 1 p.m. Saturday at the Zion Presbyterian Church.

Mr. Jellema was born Jan. 24, 1889, in The Netherlands. He married Grace DeBoer Feb. 6, 1919, at Ellsworth.

The couple farmed in the community until moving to town in 1939. Mr. Jellema worked at the Ellsworth grain elevator until retirement. Mrs. Jellema died in 1966, and for the past five years, Mr.

Jellema was a resident of Park View Manor. Survivors include three sons, Al-vin, Ogden, Utah; Ocke, of Kenneth, and Theodore, Chicago; two daughters, Mrs. Lawrence Kooistra, Wor-thington, and Mrs. Ray Tonne, Fairmont; 16 grandchildren and four great-grandchildren. (Jongewaard-Stapp.

Rock Rapids) EmilZobel ALEXANDRIA, S.D.-Services will be at 2 p.m. Saturday at St. Martin Lutheran Church for Emil Zobel, 89, Mr. Zobel was born Aug. 31, 1888, in Germany, and died Tuesday evening in a Canistota nursing home.

Survivors include three sons, Edward, Alexandria; Michael, Carthage, and Ervin, Kensington, 23 grandchildren and five great-grandchildren. (Hofer, Emery) Mrs. Charles Lauer HOWARD, S.D.-Mrs. Charles Lauer, 79, died Wednesday in Salem. Funeral Mass will be celebrated at 10:30 a.m.

Saturday at St. Agatha Catholic Church. Rosary will be recited at 8 p.m. Friday at the church. (Willoughby) Floyd H.

Stewart SCOTLAND, S.D. Services are pending for Floyd H. Stewart. 59, who died Wednesday in a Sioux Falls hospital. (Petrik) WASHINGTON (AP) Penthouse magazine says in its December edition that the Central Intelligence Agency made some abortive attempts last year to kill Prime Minister Michael Manley of Jamaica.

The CIA, which usually doesn't comment on such claims, said "the Penthouse story is absolutely untrue." Reporters Ernest Volkman and John Cummings of Newsday, a Long Island, N.Y., newspaper, wrote the Penthouse article. They said the CIA embarked on a covert program to undermine the Jamaican economy and that plans to assassinate Manley were approved. The article said three schemes were devised, but that all failed without a Children awarded $2.5 million charge. He appealed the conviction, saying the two jury decisions were legally inconsistent and offering new evidence in the form of an affidavit from his brother, Kevin Gerdes. confessing that he alone committed the crime.

Minnehaha County Circuit Judge Wayne Christensen refused to grant a new trial. The high court, in a 3-2 decision, reversed Christensen. The high court's majority opinion said juries have the power to act irrationally and inconsistently. But the court said Judge Christensen should have examined the affidavit of Kevin Gerdes closer. The case was returned to Judge Christensen for further proceedings.

Chief Justice Francis Dunn and Justice Donald Porter disagreed with the majority. Justice Dunn said the jury had a chance to weigh Reid Gerdes' testimony that it was his brother who committed the grand larceny. "The evidence from Kevin was just as available at time of trial as it is now," he said. "The cat and mouse game by the two brothers makes a laughingstock out of police officers and prosecutors and should not be permitted by the courts. Beresford child killed in accident BERESFORD, S.D.-The two-year -old daughter of Mr.

and Mrs.j Milton Ustad died Wednesday in a Sioux Falls hospital of injuries received in a tractor accident on her parents' farm. Services for Leala Mae Ustad will be at 2 p.m. Saturday at Roseni Lutheran Church, rural Beresford. The child was born Oct. 5, 1975, in Vermillion.

In addition to her parents, survivors include three sisters, Lynette, Laura and Leann, all at home; grandparents, Mr. and Mrs. Lyle Schmid, Vermillion, and Mr. and Mrs. Gilbert Ustad, Beresford; and great-grandparents, Mrs.

Julia Williams, Sioux City, and Mr. and Mrs. Carl Schmid, Vermillion. Wass Funeral Home is handling arrangements. Fite Calk The Sioux Falls Fire Department answered two calls Wednesday and two calls early Thursday morning.

A resuscitator call was made Wednesday morning to Ben Hur Ford, 4100 W. 41st St. Wednesday night, a junked automobile burned at Barney's Auto Salvage Yard. 2500 N. Cliff Ave.

No cause for the fire was discovered. No loss was reported. A resuscitator call was made to 4104 Drexel Drive early Thursday morning. A Thursday morning fire call was made to SunBank, 14th Street and Minnesota Avenue, after a smoke alarm activated. No fire was found and no cause was determined for the alarm activation.

emotion as the verdicts were read, but members of Dominguez' family wept, and Mcllvain's wife. Joyce, cried. "Oh, God, what a nightmare." Dominguez was killed inside Mcllvain's suburban home Feb. 28. Believing that Dominguez was holding MIlvain prisoner and was 'demanding 4,000 and a getaway helicopter, police besieged the home and traded fire with someone inside.

Authorities later received information that Mcllvain kidnapped Dominguez and fired the shots at police himself. Although Mcllvain initially told police he shot Dominguez with a pistol he had hidden in his boot, an autopsy showed that Dominguez had been shot three times with a pistol and six times with a shotgun. Dominguez had been dead at least an hour before police entered the house. Augustana sets fall concert The Augustana College Orchestra, conducted by Professor Ed Wilcox, will present its fall concert at 8:15 p.m., Thursday in the college's Kresge Recital Hall. Ed Schaefle, Aberdeen senior, will be the violin soloist and Renee Fill-ingsness, Beresford and Renita Thomsen, Arlington, the solo flutists as the orchestra plays Bach's "Brandenburg Concerto No.

4." A solo quartet composed of Eric Wilcox and Carmen Holzworth, Sioux Falls, violinists; Cary Wencil, Water town, violist and Jonathan May, Sioux Falls, cellist, will be featured with the orchestra in playing Vaugh-an Williams' "Fantasia on a Theme of Thomas Tallis." The orchestra will conclude the program with Mozart's "Symphony No. 41 in C. K. 551 'Jupiter'." George Goqm In Memory NOLENE and NICOLE ZURAFF Wife and daughter of Larry L. Zuraff Route 2, Garretson, S.D.

The funeral service will be held 1 P.M. Saturday at the First Christian Church, Sioux Falls, with the Rev. N. Gayle Fischer off iciating. Burial will be in the Mount Pleasant Cemetery.

3408 EAST 10th ST SIOUX FALLS, S.D. LOS ANGELES (AP) A former policeman who claimed he killed a teen-age gang member in self-defense after the youth kidnapped him has been convicted of kidnapping the youth and then murdering him. A Superior Court jury on Wednesday found former San Gabriel police officer Billy Joe Mcllvain guilty of first-degree murder. Mcllvain. 33, had said he shot 18-year-old David Dominguez after being kidnapped and held captive for several hours in his own home.

"We did not expect this verdict." Mcllvain's attorney. Charles Gangloff. told Superior Court Judge William B. Keene. Gangloff said he would appeal and asked that Mcllvain be allowed to remain free on $25,000 bail.

But Keene ordered Mcllvain remanded to custody and set sentencing Tor Nov. 30. The former officer showed no Water systems Continued from page 1A it may be considered public in the sense that it provides a utility service, an essential public service." Kuhl added that "if there is an apparent good reason for an environmental impact study, we're not saying that a study should never be made, but there should be well-established reasons for one." Regarding whether such studies will be made or not, "Farmers Home Administration makes the decision," he said. "We follow their guidelines." Some subscribers use wells for their main water source, but Kuhl said, "In many cases it (rural water system) will be their main source of water. Some find that after they get on the system, they like the pipeline water so much better and their livestock like it so much better, they turn more and more to the use of the pipeline." Kuhl acknowledged that clean-up after digging is a problem.

"There is more discussion about how clean-up work can be done more rapidly, but there are some reasons why it is scheduled as it is, to allow for settling of the dirt that's dug up." He said similar work in the city would pose a problem, too. On the subject of stimulating subdivisions, "I don't think they (rural water systems) add more stimulation to development any more than good roads or electric service and the other services provided in rural areas," said Kuhl. "Frankly, I think rural water systems are a plus for the environment in that they enable rural people to have a better standard of living and better quality of water for better health." shot being fired. When the magazine appeared on newsstands Wednesday, CIA spokesmen called some reporters to issue the denial a departure from usual practice. Manley's party was re-elected last year over more conservative opposition.

The prime minister is close to Cuba's Fidel Castro, but is also on good terms with the Carter administration which i- anxious to help Jamaica as part of an increased focus on Caribbean affairs. Rosalynn Carter visited the country in May and was greeted with a hug from Manley. United Nations Ambassador Andrew Young also visited the country, 100 miles south of Cuba, this summer. The Circuit Court jury handed down the verdict Wednesday after deliberating for about two hours. Norton Preddy, attorney for the hospital, said the jury was moved by the woman's attempt to better herself.

"The jury was inflamed. I think they were impressed with the idea that the woman had overcome certain things," he said. During the trial, the Garcia family attorney. Bill Colson, told the jury that Garcia was an uneducated migrant worker who came to Miami with her parents from Texas when she was 10. By the time she was 30, she had her high school diploma, bought a house for her children and was operating a beauty salon in Homestead.

Mrs. Garcia, who was 33 at the time of her death, was divorced. Her sister, Rosemary Guillen, who has been caring for the children, said Mrs. Garcia also was studying to become a real estate agent. Colson said Mrs.

Garcia died because hospital personnel did not provide adequate care. "Through a mixup, she was left alone for more than an hour when nobody saw her, nobody checked on her," Colson said. GuyLombardo Lombardo critical HOUSTON (AP) Band leader Guy Lombardo was in critical condition today at Methodist Hospital here, six weeks after undergoing surgery on a major heart artery. He is under the care of famous heart surgeon Dr. Michael DeBakey, who performed the aneurysm operation on Lombardo's aorta Sept.

23. Lombardo was discharged Oct IS but re-entered the hospital a week ago. Lombardo and his Royal Canadians always signal the New Year for thousands of Americans who watch the band and hear them play "Auld Lang Syne" from New York's Walforf-Astoria Hotel. 4MaeL MIAMI (AP) A jury has awarded $2.5 million to five young children of a former migrant worker who died after a routine operation at Jackson Memorial Hospital. The award of 500,000 each went to the children of Juanita Garcia, who died Dec.

1, 1975, shortly after undergoing a tubal ligation, a sterility operation, two days after the birth of her fifth child. Economy Continued from page 1A risen 5.9 percent over the past 12 months. Finished consumer, goods, which are products ready for sale to consumers rose eight-tenths of a percent in October following a rise of four-tenths of a per cent in September and, before that, three months of little or no change. Prices for industrial commodities rose six-tenths of a percent last month following a rise of eight-tenths of a percent in September. New cars and trucks rose 2 percent and higher prices also were reported for machinery and equipment, lumber and wood products and leather goods.

Not all farm products rose last month, the Labor Department said. Declines were reported for eggs, green coffee, cocoa beans, tea and milk. Processed food prices jumped eight-tenths of a percent in October after four consecutive months of decline. Prices fell for sugar and roasted coffee, but these declines were offset by higher costs for fats and oils, meats and processed poultry. In its report on wages, the Labor Department said the median weekly earnings of all full-time male workers was 253 last May, while the median for women was 156.

That is about 62 percent of the average for men despite the large influx of women into the labor force in recent years. The sharp difference in wages has shown little change for the past 10 years, the department said. In a racial breakdown, the government said average weekly earnings of white full-time workers were 217, compared with 171 for blacks. The median for white men was 259, or 29 percent higher than for black males, whose median wage was 201. However, median earnings of white women, at 157, were only 7 percent higher than those of blacks.

Ten years ago, these race differentials were considerably larger 44 percent for men and 25 percent for women. The median is the level at which half the workers earned more and half earned less. Sioux Foils Argus-Leader PuMisnrt wm Sondy $oui Fail NwipoeT. Inc. IDO Minnnor Ave.

Skxii Fin. 10 WW Pawr costs 14 monmty ft crrr. so per mam or motor roul. Its rwty or moil Soutn Owota. loot.

Minnesota and Nmrauta Mail outside mn tour states is VS oer rear Ail rates to oe pa advance Second class postage paid at Sioui wis. Missed delivery? Wham possible, plaesa centoct your eorriar. If unable to contact your carrier, please- phono 336-1126. i Sine WOS MRS. SARAH SAMUELSON 1921 W.I 8th St.

Rev. P. B. Stensland of First Lutheran Church will officiate at the service 1 1 A.M. Friday in Millers chapel.

Interment will be in Woodlawn cemetery. MRS. FREDA WILSON 1315 S.Jefferson Ave. The funeral service will be 2 PM. Friday in the Augustana LutherW Church 7th Prairie.

Interment will be in Mt. Pleasant cemetery. Pev. leRoy Davidson will officiate. SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION BOARD Of TRANSPORTATION NOTICE OF HEARING Pursuant to the authority vested by SDCl 1-26 the Board of Transportation wi hold a iheanng on the 30th day of November, 1977, ot the hour of 1 1 AM Vcloek (CST) in its office in the Transportation Building.

Pierre, South Dakota to consider In. omendment of the following rules: "1" SPEED RULES: 70-01 tl pertaining to the amending of speed zone on State Trunk Hiah-woy 20 beginning at the section line common to sections fourteen and fifteen of township one hundred seventeen north and range fifty-three west of the fifth orin opal meridian; then west to the junction of Slate Trunk Highway 139 and Stale Trunk Highway 20, forty-f ive miles per hour, (Codington county) pertaining to the amending of a speed zone on State Trunk Hiah-woy 34 beginning twenty-five hundred feet west of the intersection with Main Street in Colmon; then east forry-lwo hundred feet. The purpose of the amendment isTo extend the area of the speed zone through the town of Colman and to consider changing the sceed limit on a portion of the orea. Copies of the proposed rules may be obtained at the office of the Secretary Board of Tronsportotion, Pierre, South Dakota. secretory.

Notice is also given that any interested person may submit oral or written orau-ments at the time of the hearing or may submit written statements or arguments to the Secretory, Deportment of Transportation, Tronsportotion Building, Pierre South Dakota, prior to the dote set for the hearing. The Boord of Tronsportotion, upon its own motion or ot the instance of ony inter-ested person may thereafter adopt the above proposals substantially os above set forth without further notice. pv uviet Doted this 26th day of October, 1977. BY ORDER OF THE DEPARTMENT Of TRANSPORTATION HENRY J. DECKER SECRETARY.