The Star Press from Muncie, Indiana • Page 1

The muncie Star COMPTROLLER SAYS NO TO AGNEW PROTECTION Where the Spirit of the bird Is, There I Cor. 3:17 VOL. 97 NO. 321 MUiNLlt, 5ATUKDAY, FEB. 16, 1974 PH.

282 5921 FIFTEEN CENTS Golan Heights Erupts in Battle Syrian Forces the Treasury Department has said President Nixon's decision to provide rOund-the-clock Secret Service protection for Agnew was "presumptively valid and lawful." Treasury officials noted that Sen. Hubert H. Humphrey, received Secret Service protection for six months after he left the vice presidency in 1969, and have indicated that Agnew would get the same treatment. A GAO SPOKESMAN said he knew of no way anyone could appeal Staats' ruling disavowing financing of Agnew's protection, although the government could force the issue into court simply by continuing to pay for it. Under normal practice, Staats would go to court to force the "certifying officer" who approved the expenditure to pay the funds out of his own pocket.

The GAO spokesman said Staats had been unable to determine exactly who was the certifying officer in Agnew's case. Normally, the spokesman said, a disallowal letter is obeyed because certifying officers stand in danger of being hit with personal bills for thousands or millions of dollars if they do not comply. Moss, who originally brought the issue to the GAO's attention, said Agnew had taken between a dozen and 21 agents with him to California. "This is an outrageous act," he said. "This practice is an affront to every tax-paying American." WASHINGTON (UPI) Comptroller General Elmer Staats informed the Treasury Friday he would not allow any further use of federal funds to provide Secret Service protection for former Vice President Spiro T.

Agnew. Staats, an officer of Congress, has the power to halt expenditures of any funds he considers illegal. Staats told Treasury Secretary George P. Shult, in a letter that further Secret Service protection for Agnew would be illegal, and "future payments made for such purposes will be disallowed by my office." STAATS SAID THE cutoff will begin for payments starting Monday. As of that day, Agnew will no longer be entitled to have Secret Service protection.

Agnew resigned as Vice President Oct. 10 while pleading no contest to a federal charge of income tax evasion. Since then, until Dec. 15, the General Accounting Office headed by Staats estimated that Agnew's Secret Service protection has cost the taxpayers nearly $90,000. Agnew recently flew to the West Coast for a vacation as guest of entertainer Frank Sinatra, and was accompanied by Secret Service agents, prompting Attorney General William B.

Saxbe to question the former vice president's continuing protection. "If there is no danger, I can see no reason for it," Saxbe said. Under repeated challenges by the GAO and Rep. John E. Moss, Israeli, She Plaza Draws 38 Petition Signers Wants a Piece of the Action Between Hjr UNITED pnESH INTERNATIONAL Syrian and Israeli forces battled with artillery and tank fire on the Golan Heights Tuesday, breaking a two-day lull on the tense northern front.

Syria said at least four Israeli soldiers were killed in five hours of fighting. Israel's military command said one Israeli soldier and one Syrian were killed in the fighting which it said began when Syrian troops infiltrated Israeli positions on the northeastern sector of the strategic heights. The renewed fighting broke out as Israeli newspapers reported Israel had rejected American proposals for negotiations seeking the separation of Syrian and Israeli forces on the Golan Heights front. IN CAIRO, DIPLOMATIC sources said any easing of the Arab oil embargo against the United States would depend on whether Washington succeeds in mediating a Syrian-Israeli military disengagement acceptable to the Syrians. In Tel Aviv, the Israeli Defense Ministry reported that Defense Minister Moshe Dayan had said on the fourth day of last October's Mideast war that Egyptian missiles prevented Israeli forces from pushing the Egyptians back across the Suez Canal in the first stage of hostilities.

Syria's version of the fighting said Syrian and Israeli troops exchanged artillery and tank fire on the Golan Heights front after a Syrian patrol clashed with an Israeli armored patrol on the central sector. It said the Syrians destroyed one of the Israeli patrol's armored vehicles, killing four Israelis and wounding others. A later Syrian military communique said clashes were resumed when Israeli forces opened fire on some Syrian military positions along the northern sector of the cease-fire line. It said artillery and machine guns were used in this second round of fighting. The Syrian communique said several Israeli artillery pieces, heavy machine guns and mortar units were destroyed.

NO CLASHES HAD BEEN reported on the Golan Heights front Wednesday and Thursday. Before that almost daily clashes took place over a three-week period. Israeli newspapers said Israel and Syria had turned down U.S. proposals to start negotiations for the disengagement of their armies on the northern front. The Jerusalem Post said Israel rejected a proposal that would have fulfilled its conditions for the start of talks in two stages.

It said the. proposal called for troop disengagement talks to start before International Red Cross officials visit Israeli prisoners of war held in Syria. number of cherries in' the pie will win a $300 shopping spree at the Mall. The pie is three feet in diameter, weighs about 90 pounds and is resting in a pan designed by Muncie Metal Spinning Co. (Star Photo) Six-year-old Julie Stuckey, daughter of Mr.

and Mrs. John Stuckey, looks about ready to bite into what is called "The World's Largest Cherry Pie" currently on display at the Muncie Mall in connection with a sales event. The person lucky enough to guess the Sendak Advises Governor Marhoefer Tax Refund Bill Is Unconstitutional circulated statewide because it was not appealed. In 1971, Stark Wetzel-one of Marhoefer's major competitors won a lower court decision in Marion County again' holding that the instruction was unconstitutional. This time, the Department of Revenue appealed to the Indiana Court of Appeals.

The higher court later that year affirmed the unconstitutionality of the revenue department instruction. Marhoefer learned of the situation when the state agency appealed the Stark Wetzel decision and within a month filed for a refund. The revenue department then held that Marhoefer was not eligible because the three-year statute of limitations on refunds had passed in 1970, three years after the Allen County decision. The Muncie meat-packing firm went to court, but lost its case in Delaware Circuit Court and eventually in the Indiana Court of Appeals. prohibited by the Indiana Constitution.

"It conflicts with the general tax laws of Indiana requiring that all taxpayers must file their claims for refund of gross income taxes within three years. "That this piece of legislation Is a special act not for the benefit of the general public is obvious on its face when reading Section 2 (of the bill) which makes it effective for a period of 30 days only between March 1, 1974, and April 1, 1974." If it were to ultimately receive a refund, Marhoefer would receive not only the $303,000 in overpaid taxes but another $147,000 in interest or a total of about $450,000. A MARHOEFER spokesman, contacted after Sendak's opinion was made public here, said the company will "wait and see what the governor does with the bill." He said the principal question is not one of whether the bill is "special legislation" but whether the legislature should correct an inequity which has had an adverse effect on a firm which has been a good citizen by following the law and administrative procedures based on those laws. Historically, Marhoefer's claim involves gross income taxes paid in 1965, 1966 and 1967. During those years, Marhoefer was classified as a wholesaler rather than as a wholesale grocer under a Department of Revenue instruction based on a 1961 gross income tax law amendment.

The wholesaler classification required Marhoefer to pay taxes on a different basis and increased its tax liability. In 1967, a trial court in Allen County held the instruction of the revenue department defining wholesale grocers to be unconstitutional. The state agency did not appeal the decision and refunded to the company filing the case its overpayment. NEWS OF THAT decision never was FEO Tries to Stem Protest Food Stamp 'Bonus' Boosts Grocery Gross by $45,000 submission of the petitions to the Board of Public Works and Safety, which will be asked to establish the assessment district Under the plan, each property owner in the district will pay a share of the cost of construction. The plaza is designed to run along Walnut Street, from Main Street on the north to Howard Street on the south.

The board would then set a hearing on the matter, at which time arguments for and against the proposal would be heard. O'Brien indicated he is relatively sure a remonstrance could not block the plans, since more than 50 per cent of the property owners involved would be required on a remonstrance petition. O'Brien said he had no time schedule in mind as to when the petitions may go to City Hall. Foresight's board of directors is expected to meet first to approve the presentation, but the group does not have another meeting scheduled until March. Behind Schedule campaign chairman James C.

Quayle told the group, "and a lot of jeans to dig Although the general report was somewhat disappointing Friday, two divisions showed good progress. The major and special gifts section, headed by Walter C. Burt and Joseph C. Wagner, reported $746,745 in pledges. Robert F.

Murray and Clell W. Douglass, co-leaders of the commercial division, said they have $236,485 in pledges. Other divisions reporting were Industrial, professional, $44,499, and area, $5,180. companies as required under the allocation program. The Federal Energy Office said Thursday it would ask Congress to change the law which now requires crude-oil sharing, a requirement which the FEO said would distort and even reduce production of petroleum products.

BUT THE CRUDE-SHARING regulation issued under that law takes effect Saturday and without action by Congress or the court, both the FEO and Gulf Oil were stuck with it. The measure was aimed at preventing service stations from refusing to sell gasoline to customers who were not "regulars" or were not purchasing under long-term contracts. School Board II I I HURLEY COODALL One More Year Enough cision not to run for school board again, he intends to remain active In community affairs "and to speak out on Issues that I think are important." fa ,1 wiwira A Muncie Foresight official said Friday the drive for a downtown assessment district to finance construction of a plaza has met with success, even though Foresight won't yet say who its supporters are. Tom O'Brien, Foresight executive director, told The Star that petitions urging creation of the district had 38 signatures by late Friday afternoon. The 29 signers own 133 parcels or 69 per cent of the property situated in the proposed district.

There are a total of 93 property owners in the area, leaving a total of 55 who have not signed. But O'Brien balked when asked to reveal who the 38 are, saying Foresight's board of directors "does not feel it would be appropriate for the names to be released at this time." O'Brien added he saw "no reason to change that oolicy." NEXT STEP for the project will be Capital Campaign The United Capital Campaign was reported behind schedule during a second report meeting Friday. The drive to raise $2.1 million for capital improvement projects of United Fund agencies was nearly $200,000 behind the goal set for Friday at $1.4 million, two-thirds of the total goal. The figure reported Friday was $1,210,634. UCC DIRECTOR Chet Andrus told the group that the "quality of giving" went beyond his expectations, but that the "quantity" was short.

"There's a lot of ground yet to J. Roberts Dailey, assistant to adopting new regulations to compensate independent truckers for increases in their fuel costs. The ICC said, however, that only about 50 per cent of the independent truckers would benefit from the regulation because the rest those hauling agricultural or perishable products are not under ICC regulations. In another energy development, an FEO regulation takes effect Saturday requiring all oil refiners to share their available crude oil equally. Gulf Oil Corp.

filed suit Thursday seeking an injunction to halt the program, but a spokesman said no immediate court action was expected and the company would go ahead and sell some 131,000 barrels a day of crude oil to other schools as West Longfellow and Washington. He also applauded an increase in the number of minority teachers and the promotion of minority persons into responsible administrative positions. "While accomplishing programs such as those I have listed, the school board has been able to keep the Muncie system fiscally solvent by having the intestinal fortitude to make the hard decisions necessary," Goodall said. "At the same time, the board has been able to give our school employes some financial relief (admittedly not enough) from the ever-rising cost of living crunch." GOODALL SAID he hopes the school board will remain committed to improving inner-city schools and keeping back enough of Its Cumulative Building Fund 'in order that the schools "will never again deteriorate to the condition they were in several years ago." He said he urges Muncie and Center Township voters to "choose carefully the people you select for the awesome responsibility o( making the hard decisions necessary as school board members." Goodall said that In spite of his do- SPECIAL TO THE 8TAB INDIANAPOLIS-A. bill which could permit reinstatement of Marhoefer Packing Company's claim to $303,000 in overpaid gross income taxes is unconstitutional, Indiana Attorney-General Theodore Sendak said Friday.

The attorney general's office reviews legislation passed by the General Assembly and provides the governor with advisory opinions on them. Gov. Otis R. Bowen is not bound by the advice of Sendak's office and, following the 1973 session, did sign some bills to which Sendak objected. There was no indication Friday what the governor might do with the Marhoefer legislation, introduced as Senate Bill 265 by Sen.

Don Park, D-Muncie. The bill passed both houses handily and committee hearings in both the Senate and House brought criticism of the Department of Revenue's role in the matter. SENDAK SAID Friday that "this act would appear to be special legislation would boost the food business in the county by about 10 per cent. The "bonus" money, which is paid by the federal government, accounts for the increased business. Under the commodity program, recipients only received food items from the government with no local sales.

HOWARD SAID a plan announced earlier to run the food stamp and commodity programs on alternating weeks was scrapped. After regional agriculture officials approved dual programs through February while the food stamp operation is being established, Howard said food stamps and commodities would not be available the same days to avoid having persons receive both. Instead, the Center Township Trustee who distributes the commodities has simply traded recipient lists with the food stamp office to avoid duplication. Roseann Necessary, food stamp office supervisor, said more than 1,400 persons have been certified for food stamps. About 735 of those are public assistance cases, those who automatically qualified for food si amps because they received monetary help from the welfare department.

Another 740 are non-assistance cases, which include the unemployed, those with little income, the aged, disabled and blind. While several applications were denied, Mrs. Necessary said, many others are awaiting certification. FOUR MORE grocery stores have been added to the list of local retailers who will accept food stamps, Howard said. Added to the original list of 40 have been two Wiso Food Market stores, at 1600 N.

Walnut St. and 1827 E. Memorial Drive, and two Eavey's markets, on U.S. 35 south and at 1204 E. Adams St.

The list Is posted at the food stamp office, 119 E. Charles St. Howard said no problems have been reported regarding the food stamp sales, acceptance by stores or cash payment for stamps to stores by local banks. Goodall Woifa Seek Re-Elcction to City WASHINGTON (AP) The Federal Energy Office, trying to head off protest-closings of gasoline stations, told owners Friday its new non-discrimination rule will not conflict with state rules or commercial contracts. A spokesman for some 70,000 service station owners said the FEO clarification should go a long way toward relieving their fear and anger over the three-day-old SERVICE STATIONS IN scattered areas have shut down or threatened to close in protest against the regulation which forbids discrimination In sales to customers.

Meanwhile, the Interstate Commerce Commission moved to ease remaining tensions in the trucking industry by the board, Goodall said he is "most proud of a reordering of priorities and progress" made over the past few years and said much of the credit should go to Supt. Robert Freeman and his administrative staff. Significant areas of progress Goodall cited include: BETTER opportunities in career education for the non-college bound students; HOT LUNCH and breakfast programs in the schools; -A COMPLETE program of special education for handicapped youngsters; REDEFINING of school boundaries, particularly at the high school and middle school levels, which Goodall said will spare the community some of the problems of racial and socio-economic isolation. -ESTABLISHMENT of the Teenage Mothers program. BEGINNING of a Mid-Day School Program, designed to salvage emotion-ally-disturbed children and get them bark on the right track.

Also citod by Goodall were school-city cooperation that led to community use of tho sites of such abandoned Ily LARRY LOUGH The food stamp program pumped an, additional $45,000 into Delaware County in the first two weeks of operation, welfare director Glen Howard said Friday. Howard said the $45,725.50 was "bonus" money involved the difference between the money persons paid for food, stamps and the actual value of the stamps in local stores. In the first nine days of sales, recipients paid only $28,060.50 cash for the food stamps. But the stamps' worth was $73,886, a bonus increase of 61.89 per cent, Howard said. U.S.

Department of Agriculture officials predicted last fall that the program TODAY'S INDEX Churches 5 Puzzle 15 Classified 13-16 Sports 8-9 Deaths 2 Statistics 7 Editorials 4 Talk of Town 6 Ann Landers 6 TV-Theaters ...18 Markets 13 Women 6 FRIDAY'S SCORES Snuthsldc 64. Indpls. Washington 62 Northsidc 88, Pendleton Hts. 58 Alexandria 75, Burris 56 Madison Heights 91, Central 62 Dunkirk 86, Dalcvllle 78 Delta 72, Portland 61 Yoiktown 64, Wcs-Del 51 Union Cily 57, Cowan 51 Bryant 69, Albany 66 CLKAKING AND WARMER Saturday afternoon will see gradual clearing with temperatures reaching Into the 40s. Sunny and pleasant Sunday.

Details on Pago 3. QUICK TAKE Whatever other shortages we have, there is a stockpile of crises to last us until the year 2000. Hurley C. Goodall, whose Muncie School Board term ends in July of 1975, announced Friday he will not be a candidate for re-election (n the school board balloting May 6. Goodall said serving on the board has been a "wonderful and rewarding experience," but explained he wants to devote time to other responsibilities.

He said he chose to make an announcement concerning his non-candidacy in order to "clear the air and oprn'up the race to anyone who desires to be a candidate." HE WAS KIinT.D to the board in 1970, but did not take office until July 1, 1971 duo to the law regarding staggered terms of school board members. Goodall, a Muncie fireman for 16 years, said he has been fortunate In having had the cooperation and support of his superiors at the Muncio Fire Department who have allowed him to attend school board meetings during several time conflicts. He has been present at each meeting since joining the board except on one occasion when there was a death in his family, Reviewing the time ho has spent on.