Tampa Bay Times from St. Petersburg, Florida • 1

FRIDAY SPECIAL! 4" Foam MATTRESS ond MATCHING BOX SPRING Humid Total Prict SothPiM Low: mid 70s. High "Ma Ow Own roctwy" mtttBt Hordes upper 80s to low 90s. E-NE winds 10-16 mph, 30 rain. Map, data 2 -A. KENNEDY BROS.

FURNITURE BEDDING 70tU Pi 537 MOO -M. Best Newspaper VOL. 94 NO. 329 80 PAGES ST. PETERSBURG, FLORIDA, FRIDAY, JUNE 16, 1978 20 CENTS A COPY 3 Ruling moans students can't bo doniod diplomas By FRANK DeLOACHE St.

Patwttxvi Jim StH Writer ft 1S7S, Sl.PrburgTHn of scoring was unfair. She agreed with Brady that in some cases students failed the test even though they had scored higher than the 70 per cent established by the state as a passing mark. The hearing examiner emphasized that her ruling did not affect the tests themselves, or the state's right to require students to take them. Her ruling affects only the scoring of the tests and any action resulting from the test scores, such as withholding a diploma. State and local educators have said that the threat of withholding diplomas from students is the only way to make the students take the functional literacy and basic skills tests seriously.

When he learned of the ruling Thursday afternoon, Pinellas County School Supt Gus Sakkis warned 11th graders who failed the state tests that they are not off the hook. See TESTS. 17-A more challenges. We hope it will begin our questioning of the entire state assessment program." She predicted more suits like Brady's, who brought the action after his son John G. failed parts of test Brady won his case in a hearing by the State Department of Administration.

The ruling has the effect of law unless the state successfully appeals in court The State Department of Education has 30 days to appeal. Hearing officer Diane Tremor said she knocked down the scoring system because state officials did not hold public hearings on the way the tests are graded as required by Florida law. That was the legal technicality she was asked to address by Brady's attorneys. Even if the state loses on appeal it can go back to withholding diplomas by holding the required public hearings on the scoring system. HOWEVER, Mrs.

Tremor said her ruling also addressed the heart of Brady's challenge that the method A state hearing officer Thursday struck down the scoring system for Florida's functional literacy test The ruling means that for now the state cannot withhold a high school diploma from students who have failed the functional literacy test and its companion basic skills test. As for the ruling's long-term effect, state and local educators immediately disagreed with attorneys for John Brady, the St Petersburg man who challenged the way the test is scored. Educators said Thursday's ruling concerned only a technicality of state law and will not affect the test or the scoring system in the long run. BUT BRADY'S attorney Anna Motter, of Florida Legal Services, said the ruling will be used as a "basis for I if 1 1 lit St. Prbur( TimM MAX CMC ITEM Nelson Poynter: 1903-1978 ft Times' Nelson Poynter dies at 74 .5 i- i ,3 a 1 flfs rS'JZZJLjr The court said sluice gates on the nearly completed Tellico Dam cannot be closed because that would wipe out the 3-inch-long snail darter.

AP or Nelson Poynter, chairman of the board of The St. Petersburg Timet and Evening Independent, died Thursday night, The 74 -year-old publisher who waa renowned nationally for his editorial independence and hit innovative journalism became ill in hia office momenta after he saw one of his dreams for St. Petersburg come true. He had helped break ground Thursday for a new St Petersburg campus of the University of South Florida and then had received a plaque honoring him and the Times Publishing Company for being instrumental in bringing the campus here. He was admitted to St Anthony's Hospital High court bars dam, upholds snail darter By CYNTHIA MILLS Unitad Prass Intirnattonal ulation on Earth of the 3-inch-long fish.

Chief Justice Warren Burger said in the majority opinion that "the plain intent of Congress in enacting this statute was to halt and reverse the trend toward species extinction, whatever the cost." ONE OF THE dissenters, Justice Lewis Powell, departed from his written dissent and remarked from the bench, "Today, the fish wins 100 per cent" He said the "absurd" result means a water spider or a cockroach could be next to block a federal project But the ruling could be only a temporary victory for con servationists seeking a strict interpretation of the 1973 Endangered Species Act and working to save the last free-flowing stretch of the Little Tennessee River. Legislation is pending in Congress to amend the Endangered Species Act to allow exceptions such as the Tellico Dam case. Justice Powell, in his dissent, predicted confidently that Congress would act to revive the benefits of the Tellico project and preserve the substantia) federal investment already made there. Until Congress acts, the dam will remain inactive. See COURT.

23 A WASHINGTON The Supreme Court ruled 6-3 Thursday that the Endangered Species Act bars the Tennessee Valley Authority (TVA) from operating a multimillion-dollar dam that threatens to wipe out a tiny fish called the snail darter. The decision upheld a U.S. appeals court order blocking the TVA from closing the sluice gates on its virtually completed Tellico Dam and exterminating the only known pop Carter's federal income tax for 1977: $48,000 IT By WENDEL RAWL8 Jr. York Timn 0 and died at 10:16 p.m. of a cerebral hemorrhage.

Poynter's insistence on quality in publishing and on independent ownership of newspapers created in St. Petersburg two newspapers that are generally ranked among the best in the United States. AN his late wife Henrietta founded and he served as chief executive of Congressional Quarterly the Washington news and political research organization that specializes in congressional coverage, and later added its aister Washington publication, Editorial Research Reports. In St. Petersburg he founded Modern Graphic Arts a commercial printing company.

He also founded and served as chairman of the board of trustees of Modern Media Institute, a St Petersburg educational institution that is chartered to meet journalism education needs not being met by existing institutions. Its students use The Times and Evening Independent as working laboratories. Poynter willed the voting stock in the Times Publishing Company to Modern Media Institute. In an article about him in the current issue of Fortune magazine, Poynter explained hia desire to leave his newspapers under professional direction and to assure their continued independence after his death. IN A 1975 memorandum to Eugene Patterson, Times editor and president, Poynter characteristically left instructions for this day.

"Most newspapers overplay most deaths of newspaper people," he wrote. "Let's not do this In my case. A one-column head, no comment or a bunch of silly tributes. And it's a one-day story. "You know, of course, there will be cremation, no funeral or memorial service of any kind, no requests 'in lieu of You might include that I have observed no one really likes to go to a funeral.

I am trying to be considerate of my friends who might come to my funeral by having none." Poynter's widow, Marion Knauss Poynter, said she would of course honor his wishes in this respect Poynter's 1975 memo added: "IMPORTANT in the story is to emphasize there'll be no change whatsoever in the Times Publishing Company at a result of my death. I'll haunt you like the devil if the above it not carried out Just live up to the Standards of Ownership thereafter." Poynter wrote and publicly declared 15 standards of ownership on Aug. 6, 1947 when he completed buying the controlling stock in the St Petersburg newspapers from his family. They included his vows not to sell to chain ownership or form a chain; to achieve financial stability in order to maintain a strong editorial policy; to hire above-average staffers and to pay above-average wages; to provide decent pensions and share the newspapers' profits with their staffs, and never to permit voting stock in the newspapers to scatter. See POYNTER, 14-A AP King Hussein holds hand of his bride Lisa Halaby.

Chief Justice Ibrahim Kattan is at left, Miss Halaby's father at right. King Hussein weds WASHINGTON President Carter paid slightly more than $48,000 in federal income tax last year, according to tax returns he made public Thursday. The tax returns also showed that he lost more than $300,000 in the blind trust being administered by his close friend and adviser, Charles H. Kirbo of Atlanta. At the same time, however, Carter received dividends in excess of $114,000 from the trust.

Because of the secrecy incumbent upon a blind trust, Robert Lipshutz, the President's legal counsel, said that he did not know how the loss had occurred or what was the source of the dividend income, and that he "will not ask." THE PRESIDENT was paid $236,458 in salary and taxable expenses last year, but used only $1,371 of his expense account for business related items. The remaining of his expense account is considered income and the President can use it as he wishes as long as he pays taxes on it. The President's annual salary is but he was not paid the full amount in 1977 because he did not take office until Jan. 20. Carter received $137,404 in royalties on his popular autobiography, Why Not the Best, which sold more than 1-million copies.

Last year, he said that he would place the royalties in a charitable foundation because he did not think it right to profit from running for office. His tax return reflected a $25,000 contribution to such a foundation as part of his $38,000 deduction for charitable contributions. White House Press Secretary Jody Powell said that the President would continue to contribute to the foundation until the total reached the amount of the royalties. See CARTER. 21 -A Comptlad from Niw Vorfc Tiimt.

AP. UPI wirmt ding gown with high neckline and loose sleeves designed by Christian Dior of Paris. Her blond hair waa pulled back to cascade over her shoulders. She wore an elaborate diamond bracelet with matching diamond earrings. THE KING, WHO has a prematurely gray beard, appeared in a dark blue suit and white shirt with a conservatively patterned tie.

The marriage itself, for which Miss Halaby was the only woman present, was austere and lasted barely seven minutes, including photographs. The bridal couple sat on a damascene settee inlaid with intricate mother of pearl, flanked by King Hussein's brothers, Crown Prince Hassan and Prince Mohammed. Sitting in matching chairs beside them were the bride's father, who wore a black bow tie with his gray suit and Jordan's ranking Moslem offical, Chief Justice Ibrahim Kattan. Several top government officials looked on. See HUSSEIN.

IS A she had embraced the Islamic faith. Najeeb E. Halaby, the bride's father, said that it was incorrect to say that his daughter was converting from Christianity to Islam because she was never baptized and rarely attended church services. "I guess you would say she is a nonreligioua person. She says she is not converting but adhering" to Islam.

THE MARRIAGE is the fourth for the 42 year-old Jordanian monarch. Hia first two marriages ended in divorce and his third wife, Queen Alia, died in a helicopter crash on Feb. 10, 1977. Virtually the only concession to pageantry was a band in red tunics from the Jordanian army, including bagpipers, and a dozen guardsmen in parade uniform with pennants fluttering on long lances. Miss Halaby, tanned and radiant, wore deceptively simple white silk crepe wed AMMAN, Jordan King Hussein of Jordan on Thursday wed Lisa Halaby, a 26-year-old American, in a brief Moslem ceremony and later had her proclaimed the new queen of his Hashemite desert kingdom.

Her designation as queen and not princess, as was once expected, was reported Thursday evening on Jordanian television a few hours after the marriage quietly took place in a small, ornately Arabesque room of Zahara Palace in Amman. The bride will be called Queen Nur Hussein, which means "light of Hussein," in keeping with Jordanian tradition that she take an Arabic name. The statement by the royal palace carried on television referred to her as "the Moslem Miss Nur Halaby," indicating that Italian Presidont Giovanni Leone resigns INSIDE THE TIMES TODAY By HENRY TANNER Nw Ver Tlmw Ann landers 3-D Letters 2S-A Bridge 13-D Obituaries 13-B Busmen 6-10-8 Outdoors IMS Cleaaifled 8-26-C People 4-A Comics 13-D PuHout Crossword 12-D Sketches 13-D Editorial 24-A Sports 1-8-C Gardening 11-S times Directory 2-A Horoscope 13-D TV-Radio 14-D Jumble 13-D Woethor 2-A days to elect a new president. The president of Italy holds a largely ceremonial post His most important role is selecting prime ministers to lead the government But' even then the president is following the dictates of the ruling party. Leone read a prepared statement on the state television network rejecting all charges of wrong-doing.

He said he was resigning because the charges had undermined confidence in him. ON WEDNESDAY, Leone was accused of tax fraud by a member of parliament, and judicial authorities initiated an inquiry to deter mine whether there are grounds for prosecution. Charges in the press against him included a business partnership with two key defendant in a kickback case involving the Lockheed Aircraft Corp. that is now being tried in Italy's highest court Even though it was the Communist Party that forced the Christian Democratic president's resignation, most observers here felt that the de facto alliance between the Communists and the Christian Democrats would continue. The alliance is the central feature of the Italian political landscape.

ROME Italy President Giovanni Leone announced his resignation Thursday night in a television statement a few hours after the Communist Party had urged him to step down in the face of corruption charges. Am in tore Fanfani, the president of the Senate and like Leone a Christian Democrat, will be acting president for the next two weeks. UNDER THE constitution the two chambers of parliament will have to meet within 19 GIOVANNI LEONE denies wrongdoing..