Sioux City Journal from Sioux City, Iowa • 3

The Sioux City Journal, Thursday, May 31, 1979 A 3 Hospital 7 Admissions Soil conservation ruling DES MOINES, Iowa (AP) Iowa's soil conservation law Is constitutional, even though it may impose a financial burden on some property owners, the Iowa Supreme. Court held Wednesday. In an 8-0 opinion, it reversed a finding by Judge James P. Kelley In Woodbury County District Court that the law Is unconstitutional because it places an "unduly oppressive" burden on some persons. The decision grew out of a complaint filed by John Matt, a farmer In Woodbury County, that his farm was damaged by water and soil erosion from two neighboring farms.

The Soil Conservation District found the neighbors, Arnold and Mary Ann Ortner and Leo and Helen Schrank, in violation or soil erosion control regulations. It ordered them to remedy the situation by either seeding the land to permanent pasture or hay, or by terracing It. They did not comply within the six months allowed, and the district filed a court action to compel them to do so. The defendants said that even with state grants from the Department of Soil Conservation to cover part of the cost, terracing would cost the Ortners more than $12,000 and the Schranks about $1,500 and make part of the land untillable. They argued that seeding the land to permanent pasture or hay, while less expensive, would remove some of their farms Court upholds ban on tavern nudity Emmetsburg couple loses claim for Wong arrest' Tuesday MARIAN HEALTH CENTER SL Joseph Unit Leonard B.

Lenzen, South Sioux City; Anne Leemkuil, 6120 Mornlngside; Raymond J. Jansen, Storm Lake, Iowa; Loretta B. Cain, 1517 23rd; Mary C. Niles, 3135 Jones; Agnes Westphal, Hartley, Iowa; Hazel M. Cownie, 804 Helen; Debora E.

Heeren, Kingsley, Iowa; Milton B. Smith, Hornick, Iowa; Julie A. Shanafelt, 1037 17th; A. Keith Fegley, 20O8 W. Third; David V.

Dewey, Westfield, Iowa; Naomi Ferris, 1800 Indian Hills; Anita-Ann M. Ludwigs, Le Mars, Iowa; Burbridge Beavers, 1901 Beck; Hildred E. Bangtson, Rockwell City, Iowa; Crystal D. Barto, Kingsley, Iowa; John N. Brandes, 1930 Allan; Brian P.

Doerr, Bloomfieid, H. Helen e. Crowther, 4101 Gordon; Coleman Bruce Heclt Sergeant Bluff; Amanda Rippke, Movllle, Iowa; Mamie I. Hannemann, Schleswlg, Iowa; Maureta A. (Rita) Weifen-bach, Mapleton, Iowa; Forest J.

Bacon, South Sioux City; Michael A. Hanna, Randolph, Stella M. Olerich, Lakeview, Iowa; Stella H. LePay, 2401 Jay; Connie J. Scheer, Mapleton, Iowa; Dennis R.

Johannsen, South Sioux City; J. Lester Andersen, Aurelia, Iowa; Geraldlne K. Fitch, Correctionville, Iowa; Agnes M. Nacke, Remsen, Iowa; Irene Anna Feelhaver, Coleridge, Debra D. Parkinson, 218 S.Judd.

St Vincent Unit Crystal Cutting, Homer, Neb. Glenn Stark, 920 Grandvlew; Mae Conner, 1800 Indian Hills; Mildred Murtha, 412 W. 21st; Harm Colman, Spencer, Iowa; Mary Hensley, Winnebago, Janet Weber, 222 S. Linn; Sandra 804 Rust in; Thomas L. Wilkinson, South Sioux City; Erwin Tongish, South Sioux City; Emil Soivsberg, 1614 W.

Fourth; Robert Johnson, 821 Jackson; Susan DES MOINES, Iowa (AP) The Iowa Appeal Board Wednesday turned down four $4 million claims filed by a former Emmetsburg couple against the state and eight state agents. The claims were filed by Nile and Norma Jean Smith following their acquital in the 1976 slaylngs of Raymond Henkins of Emmetsburg and Debra Rose Laubenthal of Bancroft. By turning down the claims, the appeal board clears the way for a lawsuit. lAiiiAiArAA.Aili niffii nnm Cf MUILM1IU BROS. PACKING 311 8th.

North edge ei Look at thoso SAVINGSK Wa now hflvo reversed from active production, and that either alternative would diminish the land value. They contended the law is unconstitutional because it deprives them of property without just compensation and amounts to an unreasonable and Illegal exercise of police power. The Supreme Court opinion by Justice Clay LeGrand rejected both arguments. "The state has a vital Interest In protecting its soil as the greatest of Its natural resources, and It has a right to do so," LeGrand said. He pointed out the state grants would cover three-fourths of the cost.

"While this Imposes an extra financial burden on defendants, it Is one the state has a right to exact," LeGrand said. "A law does not become unconstitutional because it works a hardship." Ear Piercing FREE with $7.95 Purchase ol Earring Stud 24Kt. Gold OVertay or Non-Allergenlc Surgical Steel THORPE CO. Comer 4th 1 Pierce Phone 258-7501 of Sgt. Bluff off Hlway 75 Prices on BEEF bargains around! 3 colors, While they last, 5k it 8 rm i O'Brein SPLIT WIEKERS Z'9iH No GOP hopeful Philip Crane counts on early Iowa push BEEF POT ROAST 1.59 BEEF RIB STEM .2.30 DES MOINES, Iowa (AP) The Iowa Supreme Court Wednesday upheld the constitutionality of a state law that bans nude dancing in establishments holding liquor licenses.

The decision was handed down in a case appealed from the Pottawattamie County District Court which had ruled the new law, which went into effect as part of the new Iowa Criminal Code. Owners of two establishments In Council Bluffs, the Bittersweet and the Lusty Lady, contended the law violates the due process and equal protection provisions of the U.S. and Iowa Constitutions. "Under the record, plaintiffs' claim is indisputable that live exhibitions of human female genitalia and mammae do much to stimulate customer attendance and alcoholic beverage sales," observed Justice Harvey Uhlenhopp in the court's unanimous opinion. The law makes it a serious misdemeanor to permit exposure of genitals or female breast nipples where alcoholic drinks are sold The Lusty Lady, before the law became effective, presented nude go-go dancing.

The Bittersweet had featured nude dancing by professionals. There also were contests in which amateurs stripped and competed for cash prizes based on patron applause. Bittersweet owner Ronald Bergeron testified in the lower court that he did not permit "lewd" conduct, prostitution or use of drugs by any of his entertainers. Bergeron said he warns, then fires, anyone who persists in lewd conduct, which he defined as squatting or bending forward with the back to patrons. He also said he has a bouncer named Clyde who ejects "over-aroused patrons." He said Clyde is about 6-feet-2 and weighs from 280 to 300 pounds.

"Evidently, plaintiffs actually try to confine their operation to the display of nudity and the sale of alcohol If such confinement is attainable in an enterprise dealing in that somewhat lethal mixture," Uhlenhopp said. The owners of the two lounges contended nude dancing was protected by the First Amendment to the U.S. Constitution provided no "lewdness" was permitted. They said the law is discriminatory because it exempts nude dancing in "a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances." Uhlenhopp said the First Amendment may protect nude dancing under some circumstances. But there also is the 21st Amendment, which gives the states broad authority to regulate the circumstances under which intoxicating liquor may be sold and consumed, he said.

Uhlenhopp said that under U.S. Supreme Court decisions, states can ban nude dancing as part of a liquor licensing program. He also rejected the contention that the law is discriminatory because it exempts nude dancing in a theater or artistic institution. He commented that the Bittersweet and Lusty Lady can hardly claim to come under the exemptions. The plaintiffs testified that before the new law went Into effect, the two lounges produced about $1,000 a day.

But in January, 1978, when the entertainers had to cover up somewhat, the take dropped to about $200 daily. Check Out Our STEAKS, too! Quality Guaranteed! Call lor prlcai on our BEEF FRONTS, SIPES and HINDS ATTENTION: We at Havlland's have the finest facilities In the area for custom slaughtering and processing your beet or pork. Our plant Is U.S. A. inspected.

When It comes to we don't monkey Livingston, South Sioux City; David Snyder, South Sioux City; Lucille VanValkingburg, Hinton, Iowa; Helen Perslnger, South Sioux City; Mildred Katzenberger, 5824 Mornlngside; Richard Spray, 1619 W. First; Alvina Barbee, 910 Iowa. ST. LUKE'S MEDICAL CENTER Wesley G. Adams, Merrill, Iowa; Lois Jean Ahlers, Le Mars, Iowa; Clifford D.

Allen, 3700 28th; Terry Ames, 2812 S. Cedar; William Bahr, Bloomfieid, Kenneth E. Bailey, Jefferson, S.D.; Mary A. Bashara, 240 Cook; Susan L. Brenden, Sloan, Iowa; Minnie 0.

Briese, Correctionville, Iowa; Kathleen S. Chappelle, Hornick, Iowa; Debra D. Church, Yankton, S.D.; Bonita S. Clark, Rolfe, Iowa; Marvin Comstock, 1619 W. 16th; Wanda M.

Davis, Onawa, Iowa; Clementine De-' Iperdang, Remsen, Iowa; Thomas A. Doescher, Hawarden, Iowa; Father Gary J. Frahm, 2203 Nebraska; Phyliss Franker, 1524 Osage Court; O. Janette Fulton, Aurelia, Iowa; Fern H. Garber, 1818 S.

St. Aubin; Diana Gotschall, Correctionville, Iowa; Wayne D. Hammer, 1615 25th; Edmund Heider, Akron, Iowa; Jeanne K. Herfel, South Sioux City; Dennis Heuton, 601 Omaha; Nellie M. Kempema, 3108 Ninth; Linda King, South Sioux City; Thomas T.

Kovarna, Merrill, Iowa; Patricia D. Lawson, 110 S. Fairmount; Kathleen J. Leitz, Charter Oak, Iowa; Lila M. Lillie, Anthon, Iowa; Pauline J.

Little, Cherokee, Iowa; Helen C. McGee, Arthur, Iowa; Peter McGinnis, 3524 Old Lakeport; Teri L. McLagan, 2315 Jones; John Metcalf, 1012 Douglas; Beverly A. Nelson, Vermillion, S.D.; Teri L. Nissen, 4329 Filmore; Sidney E.

J. Nyreen, 2705 Seventh Karen R. Peters, 614 Blair; Wayne M. Peterson, 1628 S. Fairmount; Laura L.

Schindler, Newcastle, Casey D. Stuart, Sergeant Bluff; Kameron K. Stuecirath, Osmond, Darrin A. Thompson, Elk Point; Alfred Thome, Homer, Matthew W. Watson, Dakota City; Faye E.

Wittrick, Hoistein, Iowa. and former county chairman, said "I was very Impressed with the logic of what he had to say. I guess I would feel more confident with someone of his fiscal conservatism dealing with energy and inflation issues." Jon Cleghorn said of Crane "His name recognition is not very good right now, but it's probably about the same as Jimmy Carter's was at this point in the campaign." During a speech to the Republicans and an earlier press conference, Crane took Carter to task for not deregulating gas and oil prices Immediately. He said it was a mistake for Carter to talk about windfall profits taxes because the oil companies need enough capital to explore for more oil. To soften the Impact of higher gas and oil prices on consumers, Crane proposed major tax cuts.

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10-9 FHI. SAT. 10-0 VISA Buy Let's ByRlckWollman Journal staff writer Illinois Rep. Philip Crane, a Republican presidential hopeful with a Ph.D. in history, is counting on political history to repeat itself next year in Iowa and the nation.

Taking his cue from Jimmy Carter's successful early-bird campaign four years ago, Crane got a Jump on all other GOP presidential contenders by announcing his candidacy more than one year before the first primaries. Crane already has made 16 campaign trips to Iowa, and Wednesday he started a two-day swing through eight Iowa cities, Including Sioux City. At a press conference Wednesday morning, Crane said he wants to make "a respectable showing" In Iowa's precinct caucuses next January to boost his chances in the New Hampshire primary one month later. Crane admitted that he can find "no substantive" differences in philosophy among GOP presidential candidates vying for support in the Iowa caucuses. "Remarks made by the candidates that I have seen to date indicate there is little difference among them," he said.

Crane claimed he sticks out In the crowd because of his "track record" in Congress. At a fund-raising lunch in the Hilton for the Iowa Republican Party, Crane showed that he could impress fellow Republicans. David Holmes, former county GOP chairman, now a member of the local group touting the presidential candidacy of Republican George Bush, said he was "very pleasantly surprised" with Crane, especially his speaking ability. "He's far brighter than I thought," Holmes said. "In comparison to some of the other candidates, he has moved up a couple of notches In my opinion." Emmanuel Bikakis, a Sioux City lawyer Forgery conviction, sentence stand The Iowa Supreme Court Wednesday upheld the conviction of a man for uttering a forged Instrument and his 10-year maximum prison sentence.

T. Robert Nelson had asked the Supreme Court to reverse his convention and sentence in Osceola County District Court. He claimed the judge's instructions to the jury on the nature of forgery were confusing, that he was not properly represented and that the judge abused his discretion by imposing the maximum sentence. Nelson, who was engaged in real estate, was charged with uttering a forged instrument for having a woman sign his wife's name to a $40,000 note payable to the Melvin Savings Bank. In his appeal, Nelson argued that a court order limiting fees for his court-appointed attorney to $500 deprived him of effective counsel.

In Its ruling, the Supreme Court said there was no evidence that Nelson was not adequately represented. The court also said the jury instructions were adequate and that the judge acted properly in imposing sentence. No new trial in small claims court If you lose a case in small claims court, your only remedy is appeal to the District Court. You aren't entitled to a new trial. The Supreme Court made that decision Wednesday in a suit filed by Barnes Beauty College of Council Bluffs against Susan McCoy for $463.50 tuition she allegedly owed the school.

The school later amended the claim to add 'attorney fees, and Ms. McCoy filed a counterclaim for her attorney fees. At trial, a magistrate found in favor of the school for the tuition, but denied attorney fees and assessed a penalty because a contract provision violated a provision of the Consumer Credit Code. He also denied attorney fees to Ms. McCoy.

She filed a motion for new trial to press her claim. When the motion was denied, she appealed to District Court which modified the small claims court decision. "The polestar Is legislative Intent," said Justice K. David Harris In the Supreme Court's unanimous opinion. "We think the Legislature's omission of any provision for new trial motions (in small claims court) was deliberate." He said small claims courts are empowered to handle claims for up to $1,000 and the procedure Is simplified and informal so that no one need have an attorney.

Court re-reverses conviction The Supreme Court, after once reversing the case, Wednesday upheld the first degree murder conviction of Dennis Eugene Fisher in the slaying of a Delaware County farmer. The Supreme Court reversed the first conviction for the shooting death of Howard Miller, which took place in Dubuque County District Court. Fisher was then retried in Clayton County and convicted a second time. Fisher and Mira Miller, the widow of the slain man, were arrested in Missouri when they tried to cash a money order payable to Mr. and Mrs.

Howard Miller. The arrest took place in April of 1975. Mrs. Miller gave a statement Implicating Fisher in her husband's death and later, under questioning, he admitted shooting Miller. Boy Beautiful traditional styled RecNna -Rocker, comfortable high back, roled arm.

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