The Daily Chronicle from Centralia, Washington • Page 9

The Dally Chronicle, Tuesday, July 5, 1966 Appeal Planned In Mempa Probation Case OLYMPIA AP)-The road to the state penitentiary for Jerry Douglas Mempa, in spite of his 17 yeais, was a long one Bur. the Washington Supreme Court has lifted his case out of the category of a run of the mill criminal action by making a sweeping ruling in an appeal by Mempa on the rights of persons on probation in criminal eases. It now appears the case will go to the U.S. Supreme Court. The attorney who handled Mem- pa's appeal, Carl Maxey of Spokane, said he has agreed to turn the case over to the American Civil Liberties Union, which, he said, pians to appeal it to the U.S.

Supreme Court. Maxey said the grounds of fhe appeal probably would be based on the constitutional issue of deprivation of counsel at a crucial time in the criminal process. In Mempa's case, the State Supreme Court said specifically that persons on probation simply have no constitutional rights under due process clauses when courts call them in to revoke their probation. Mempa's troubles were long in growing. He never finished the eighth grade, and in 1956, started a progression under supervision of juvenile courts through such state institutions as Green Hill Academy, Eastern State Hospital, the Diagnostic Center at Fort Worden, Western Stute Hospital, and back again to Eastern State.

Court noties indicate there was a conflict of opinion between Eastern and Western State Hospitals as to whether the youth was a psychopathic delinquent. His first appearance in adult court came in Spokane Superior Court in 1959 when he was 17. He pleaded guilty to "joy riding" and was placed on probation. Two months later, he was back in court this time without a lawyer and his probation was revoked. He was sentenced to the maximum for the offense- ten years in the penitentiary.

While Mempa was in prison, Maxey filed a writ of habeas corpus in the State Supreme Court. In denying the writ, the Supreme Court Said: "No appeal or a petition for a writ of habeas corpus will be successful in this court where the question is whether the probationer was accorded his constitutional due process rights at the hearing. He simply has none." The majority opinion, written by Judge Robert .0. Finley, said that probation is a matter of "grace" and privilege, not a right. It is granted only at the discretion of the courts, administration, like that of the prison system is "essentially quasi-administrative," the court said.

It added that the courts should not interfere with the probation system any more than with the administration of the state prison system. The high court noted that state law says a probationer can be rearrestcd without a warrant and that courts may end his probation without notice and says nothing about due process rights. The State Supreme Court also said a recent case in which the' U.S. Supreme Court extended the right of counsel to indigent defendants in state courts does Interstate Highway System Yields 21,000 Stopless, 4-Lane Miles WASHINGTON (AP) If you are one of the 100 million American vacationists who will heed the call of the open road this summer, give a thought to one of mankind's greatest peactime programs of public works. This is the "National System of Interstate and Defense Highways." It is planned to build 41,000 miles of these de luxe roads, and as of now 21,500 miles are open to traffic.

It is possible now to travel as much as miles without hitting a traffic light. The only obstructions on such a journey are toll booths. You may drive along faster than on the old roads; skirting big cities or zipping through them. You will be exposed to much scenic splendor. Generally speaking, not too many billboards will get between you and the wonders of nature though there are large exceptions to this.

And traffic experts say that if you cion't punish that accelerator too Lmercilessly you will be three times safer on the new highways than the old-fashioned ones. The roads are "limited 'access," meaning that cross traffic is carried over and under, with gently blending movement at the entrances and exits. Curves are generally long and easy, and in many places traffic going in the opposite direction is widely separated by the terrain, even out of sight. Engineers try to combat "highway hypnosis," the menace posed by long, monotonous stretches. Asked how long a person can travel without encountering a traffic light, the U.S.

Bureau of Public. Roads figured it out at 328Vis miles from West Campton in New Hampshire's White Mountains to Tomah, Wis. There probably are not many people in West Campton, Pop. 200, who want to go to Tomah, pop. 5,321, or vice versa- This just happens to be the longest journey sans lights at the present incomplete stage of road construction.

On this trip, you will travel some roads which are not officially part of the Interstate system for example you would lake a 37-mile stretch of the Garden Slate Parkway in New Jersey. The longest stretch without a light on the Interstate, at present, is the 953 miles from Philadelphia to Tomah. Federal law prohibits spending federal money on toll roads, have been included in the system, as permitted by law. A statistically minded motorist in Atlantic City, N.J., figured it would cost him $15.60 in tolls to drive from there to Tomah. The American Automobile Association says that Boston to St.

Louis is another considerable stretch without traffic lights. From Seattle to San Francisco, Interstate 5 is largely built. But from Ssn Francisco south to Los Angeles, very little progress has been made in completing the the AAA says. Much of the main east-south leg 95 is open from Maine through Virginia, but south of North Carolina there are mostly broken red lines on the map, meaning not completed. From north of Dallas the big road is mostly in place down to Laredo, main gateway tf Tlie now highways underscore the fact that the longest way around is sometimes the quickest.

V- An example: In the not-distant past, a tourist approaching Indianapolis from the southeast and cutting diagonally across the city would travel 18'A miles in 40 minutes at an average speed of 27.6 miles an hour. The AAA says that if he uses Ihe Interstate beltway around the city, the figures turn out to be 2G miles in 27 minutes at an average of 57.8 miles an hour- Moreover, the AAA emphasizes that in many cases expressways have reduced, and thus speeded up, traffic on older roads. On streets studied, the AAA saici, vehicle miles traveled on an average day totaled 1,183,000 before the expressway opening and 925,000 after. In some cases the new superhighways have resulted in the creation of new recreational spots. Take the east-west route, 94, in North Dakota.

Instead of the usual method of bridging creeks, or putting box drains under the highway, the authorities in a couple cases dammed them up, creating lakes for fishing, swimming and boating. The AAA estimates that a record-breaking 100 million persons will take motor vacations this summer, traveling 155 billion vehicle miles and spending $25 billion. The Interstate system, on which many of them will travel, is financed 90 per cent by the federal government, from high- but 2,000 miles of such roads way user taxes, such as gas tax- es. It is scheduled for completion in 1972. The latest estimate of the cost is $46.8 billion, but both these are uncertain.

Driving along, a motorist may mull over these facts: Tolal excavation will move enough dirt and rock to blanket Connecticut knee-deep. Sand, gravel and crushed stone for the construction would build mound 50 feet wide and 9 feet high completely around world. The concrete used would build six sidewalks to the moon; the tar and asphalt would build driveways for 35 million homes. Labor Nixes Wilson Plan LONDON (AP) Left-wing Laborites and key union leaders are teaming up to fight a proposal by Prime Minister Harold Wilson to fine union members that.don't restrict wages and prices to the rise in national Many union leaders are" enraged over the proposed bill. It requires business and unions to submit to a national board demands for higher prices or bigger wages.

The board would decide whether the increases were justified and in line with the rise in national output now averaging per cent a year. Violators would be subject to fines of up to $1,400. not apply to probationers In Washington. Judge Orris L. Hamilton wrote a dissent for himself and two other judgas.

He said the decision invites "continued and increasing federal court disap- poval and supervision of state court criminal procedures." The first- person to feel the effects of the new state ruling was Dale Wills. The same day it delivered the Mempa opinion, the supreme court denied Wills' appeal of his probation revocation in Pierce County Superior Court, The appeal was denied on grounds outlined in Ihe Mem- pa case. Do these cases mark the beginning of a new "get tough" policy? Court action in other cases In recent months offers no indication of that. In a couple of recent cases the State Supreme Court broadened, previous interpretations of state laws governing juvenile courts. In so doing, the state court, effect, yanked back from the U.S.

Supreme Court an appeal from of the state court's earlier decisions in a juvenile case. The federal court sent the case back to Olympia for further consideration''. In another ruling on a Bellingham case, the state supreme court took a step thought to be unprecedented in state court criminal cases of allowing a defense counsel lo take pre-trial testimony from a reluctant prosecution witness, and thus, perhaps discover some of the prosecution's case. to your insurance planning Developing 2 protection program that is right for you requires expert planning. Because we offer insurance of every kind for your home, car, family or business, we can objectively analyze your requirements overfall, and balance your insurance dollars to fit them best There's no cost or obligation for this service.

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Pearl Ccntralia "TIME" FOR YOU Whether you want information, financing or counseling; you'll find we always have time to help! Stop in today! EARN MORE ON A WEST COAST SAVINGS 6-MONTH SAVINGS CERTIFICATES PER ANNUM WEST COAST SAVINGS AND LOAN ASSOCIATION CURRENT RATE 4 Sfl PER ANNUM PAID QUARTERLY ON REGULAR SAVINGS ACCOUNTS Pearl Main Sti. Centralia Phone 736-7616 Now In Our 50th Yearl YOU AND THE NEW CREDIT GUIDE" You Will Be Listed In The NEW CREDIT GUIDE The new Credit Guide is being prepared for business and professional men in the Lewis County Marketing Area. This guide is a record of how consumers meet their payment obligations. A prompt record means that you can expect to obtain credit for important purchases and needed services. For the subscriber to the CREDIT GUIDE, dependable information at.

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It is affiliated with a Nationwide Organization, the Associated Credit Bureau of America, having three National Divisions: ft Credit Bureau Division Maintains the official, permanent, Credit Records of the community and transfers them nationwide. (It follows you wherever you go.) ft Medical-Dental Bureau Division A specialized reporting, collecting, training and billing division for Medical and Dental Offices ond Hospitals. Retail Commercial Collection Division The most advanced collection system in the United States, through its nationwide Official Credit Reporting and Collection Records, now going into computers for more efficient tracing and collecting. Published in the interest of Better Credit by the Lewis County Business Men's Credit Assn. AND CREDIT BUREAU OF LEWIS COUNTY, INC.

Centralia 736-3308 North Tower Chehalis 748-3308 1005 Chehalis Avenue.