Sioux City Journal from Sioux City, Iowa • 1

BAnother cross burnspage A4 BSchool board eyes overcrowdingpage A4 to Area The Sioux City Journal Thursday, Nov. 14, 1991 page A3 Ex-Penney's manager claims age bias By Kathy Massey Journal staff writer The former manager of Sioux City's JCPenney store is suing the corporation, claiming he is a victim of age and disability discrimination. In the lawsuit filed in U.S. District Court in Sioux City, 55-year-old Dale Nelson claims he was wrongfully demoted and transferred from the Sioux City post in September 1990 and then wrongfully discharged in February of this year. He claims in the suit that the actions are violations of his civil rights.

According to the suit, Nelson had been employed at the Sioux City Penney's since 1960 and had been manager since October 1983. In June 1989, he was diagnosed with colon cancer and underwent four surgeries. In August 1990 when he had returned to work, the suit states, "Nelson was falsely accused of improper conduct in anonymous letters allegedly prepared by a Penney's employee. Thereafter, Penney's district and regional management personnel prepared and furnished to Nelson the text of a speech to be delivered by Nelson to personnel at the Sioux City store." But when Nelson objected to false statements and inaccuracies in the speech, the suit states, he was demoted and transferred to the store in Bismarck, N.D., in September 1990. He accepted the transfer and was replaced by a younger employee.

"The purported reason for that transfer, Nelson's protest about the speech, was a pretext to hide the unlawful discriminatory motive for the transfer," the suit states. In January, Nelson filed charges of age and disability discrimination with the Iowa Civil Rights Commission and Equal Employment Opportunity Commission. Two weeks later while he was in Sioux City visiting his family, it is alleged in the suit, a Penney's official from Minneapolis broke into his desk at Bismarck, removed his personal file and examined his property. He was terminated on Feb. 15 "for no apparent reason," the suit states, and replaced by a younger employee.

Nelson alleges the actions were retaliation for his filing the initial charge of age discrimination. He also claims he was treated in an illegally discriminatory manner ever since Penney's learned he had cancer. The former Sioux City business-man is asking for a jury trial to determine compensation due him for Penney's allegedly illegal actions. He seeks compensation of an unspecified amount for, among other things, severe emotional distress; loss of his family's consortium when he had to leave them behind when he moved to North Dakota; false accusations; aggravation of his cancer condition; loss of self worth and damage to his reputation. He is also seeking reinstatement in his job-along with back pay and benefits, or, in lieu of reinstatement, front pay and benefits to age 70.

As the suit was just recently filed, attorneys for Penney's have yet to file a response to the accusations. Timothy Allen Woman files suit overdiagnosis Iowa native paints concern for wildlife, habitat in work An Omaha woman and her husband are suing two Onawa, Iowa, physicians, claiming the doctors were negligent in failing to detect a malignancy that eventually led to major surgery. Dona L. Beard and Lewis Beard name as defendants in the suit W.P. Garred, M.D., the W.P.

Garred Medical Clinic, P.C., Curtis A. Mock, M.D., and Family Medicine Clinic, P.C., all of Onawa. The couple is seeking $500,000 in damages each from the defendants and is asking for a jury trial to settle the matter. The federal lawsuit, o. iginally filed in November 1990 in U.S.

District Court for the Southern District of Iowa in Council Bluffs, was refiled this month on a change of venue to the Northern District of Iowa's Sioux City office. According to the suit, Dona Beard sought treatment from Garred in November 1987 for a mass she detected in her left breast. She was told there was "nothing to worry about" and no further treatment was ordered, the suit states. Then in May 1988, Beard was examined by Mouk, who, according to the suit, discovered a mass in the woman's left breast but failed to request a biopsy. An examination in August 1989 by another physician that included a mammogram and biopsy revealed that Beard had a malignant mass in her left breast, the suit states, and two days later, she underwent a radical mastectomy at Marian Health Center.

The Beards claim Garred and Mock were negligent in failing to properly examine, diagnose, care and treat Dona Beard. As a result, it is alleged in the suit, Beard suffered severe and permanent personal injuries, including a decrease in her life expectancy. Her husband is suing for loss of his wife's aid, support, services, affection, society, companionship and consortium. Wm-i mmmm 7 if 1 Of I vO" iiHV i Ys By Elaine Kischer Journal correspondent Former Northwest Iowan Dave Samuelson will display 21 pieces of his wildlife art at Witter Gallery in Storm Lake through Dec. 4.

"I strive to raise environmental consciousness through art," says the 46-year-old Samuelson, of Missoula, Mont. "My unique approach recognizes the delicate connections which exist in nature. My concern for wildlife and the continuing pressure on their habitat can be seen in many of my works. Those who view his oil paintings and prints may notice the detail, a quality of his work which Samuelson feels is essential. He says that quite often his studio is full of "wildlife," from minute to large.

He says he has a friend who is a taxidermist and he uses his work to paint from. "Those models are better; they don't move," he says. Samuelson says his appreciation and knowledge of wildlife stems from his childhood days on the farm, as well as his guidingoutfitting, hunting and fishing experiences. Samuelson was born on a farm near Sioux Rapids. He has a sister, Gcri, who with her husband, Dr.

Ron Dryer, live in Denison. He attended schools in GrecnvilleRossie, Albert City and Storm Lake, and he was a graduate of Sibley High School. "I never had a painting class, but I always did a lot of drawing, ever since I was old enough to hold a pencil," says Samuelson. He attended the Kansas City Art Institute for four years, graduating in 1970 with a sculpture and design degree. From 1975-77, Samuelson attended graduate school at the University of Montana in Missoula, working toward his master's in fine arts.

From 1977 to 1984, he owned his own construction company in Missoula. He also did a lot of drawings for his own pleasure. "One day, I took my drawings that I wanted framed to the local gallery," Samuelson says. "The renowned wildlife artist, Ken Carlson, formerly of Minnesota, was there. He looked at my drawings.

Artist Dave Samuelson, a native of the Sioux Rapids, Iowa, area, has exhibited his art throughout the United States and Canada. 'Current Affair' features Schnee The story of former Sioux Cityan whose 1982 murder remains a mystery will be part of a sydicated television show scheduled to air tonight. A segment on the murder of Annette Schnee, a 1978 graduate of East High School, is scheduled as part of the program "A Current Affair" which airs at 1 1 p.m. tonight on KCAU Channel 9. A spokesman for KCAU said the Schnee story will be the main segment of tonight's show and is being called "The Blonde Bombshell in "A Current Affair" promotional material.

Schnee 's mother, Eileen Franklin, said she was interviewed for the show Tuesday at her Sioux City home. Schnee, 21, and Barbara Oberholtzer were murdered on Jan. 6, 1982, near Breckenridge, Colo. Schee had lived in Colorado since 1979. The murders were the topic of the television show "Unsolved Mysteries" on May 1.

Franklin and her husband, Laurel, also appeared on an "Oprah Winfrey Show" on unsolved mysteries on May 10. Jefferson student represents state JEFFERSON, S.D. Holly Whitlock, a junior at Jefferson High There's fine line between leaker, whistleblower It's interesting to see that there really are people out there who would like to see government leaks plugged up. To me, the whole idea seems unlikely. Without the leaking of information truly an honored American tradition there would be only official information coming from our elected representatives and those executive branch-types.

And you know we can always trust what they have to say. And so in the wake of that whole Clarence Thomas thing, the Senate sets off to find the horrible person or persons responsible for the public being informed of the allegations of sexual harrassment against him. After all, why would the public be interested in or have a right to know anything about a Supreme Court nominee? Who exactly does this public" think they are, anyway? It is personally disquieting for me to watch the same members of the Senate Judiciary Committee that went after Thomas with such zeal how change their spots and tear after his information leaker. After taking some bad P.R. hits from the Thomas hearings, Democrats continue to be so frightened of doing the wrong thing.

But, here some are doing the wrong thing by supporting this witch hunt. People (my guess: mostly Republicans) who were treihendously vocal about how they thought th-; Thomas hearings were inconceivably ridiculous have scared the Democrats so silly that they sold themselves out. The highly-placed, close to the investigation, speaking on the condition of anonymity source has been a lot of times the only way to get real and honest information out of Capitol Hill, or any other government agency for that matter. People who are supportive of finding and 1 prosecuting-to-the-fullest-ext enlrof-the-law the person who leaked the FBI report about the allegations against Thomas forget that the country would never have heard about them otherwise. The Senate was all set to vote on the riominalion when the news broke, apparently thinking that what the country didn't know wouldn't hurt it.

Obviously, committee members did sqme rethinking after the public actually found out. 1 And it is exactly that kind of thinking that makes the information leaker necessary. On some issues the government does not believe that you or have any right to know things that can or will shape our daily lives. It's not a question of if you bgjieved Anita Hill or Thomas, it's a question of the public having a right to know. Since the Senate didn't see fit make the sexual harrassment allegations an issue, the leaker was correct in taking it to the media.

Otherwise, the public would've never known. The hunt for the information leaker in the Senate will continue, and chances are our elected officials will find someone to make an example of, commonly called a "scapegoat." And after it's all over they will feel' a little better about themselves. But take some time to think about what they are doing. Who are they really punishing? It will be the American people who will suffer if the clandestine flow of information to the press is halted. Tim Allen is a Journal staff writer Lotto jackpot grows DES MOINES (AP) The "Iowa Lotto" jackpot has survived another drawing.

A lottery official said there was no winner in Wednesday's $800,000 drawing. That sends the jackpot for Saturday's drawing to an estimated $900,000. Winning numbers in Wednesday's drawing were: 1, 7, 15, 21, 26 and 34. Lottery Spokesman Bill Steig said five tickets matched five winning numbers to win $600. He said 1,041 tickets matched the jack of clubs wildcard to split $21,440.

"'These are great. Do you Samuelson says Carlson asked him. Samuelson says that when he said, "No," Carlson replied, "Why not? Come to my house. I can show you more in three days than it would take you three years to learn on your own." "From then on, all my endeavors in art have been in painting," says Samuelson. "It really snowballed from that point on." So much, in fact, that Samuelson told his wife he was ready to sell the construction business he owned at the time.

give it a year and see what he says his wife suggested. The rest, as they say, is history. Today, Samuelson's works are much in demand and he has exhibits throughout the United States and in Canada, and he has received numerous awards for his work. Among those awards are the 1988 Montana Duck Stamp winner, "Rite of Spring;" 1989 Artist of the Quarter, Rocky Mountain Elk Foundation, for "Meanwhile Back at Camp;" "Family Tree," chosen as the fifth anniversary print by the Rocky Mountain Elk Foundation in 19S9; and the 1989 Partnership Award. Northern Region, United States Forest Service, Fish and Wildlife Division, for "Friends in High Places." owiuui, im me soie aoum uaKoia nign scnooi student mm selected to attend a biomedical research symposium next February in San Antonio.

The symposium, "Tomorrow's Health, Today's Priorities: The Future of Biomedical Research in America," will be sponsored by the U.S. Department of Health and Human Services and the Southwest Foundation for Biomedical Research. Whitlock will be accompanied to the symposium by her parents, Mr. and Mrs. Dan Whitlock, and McCook Middle School science teacher Greg Young.

Youne is director of the Science Fair where 1 Whltlock Cherokee depot group makes final payment, asks council for funds By Frank Buckingham Journal correspondent CHEROKEE, Iowa A group dedicated to the preservation of the old Cherokee Illinois Central depot Tuesday night handed the City Council a $27,000 check in final payment for ownership. The check was the last amount paid by the group Depot Renovation Inc. for the structure in downtown Cherokee. The group plans to completely overhaul the building and install a train museum and possibly businesses. But there was more.

Mick Samscl, president of Depot Renovation after handing over the check, then urged the council to turn back about $10,000 of the funds to the depot group so the organization could continue its rehabilitation plans. City Councilman Dennis Hcnrich said Samscl needs to put his request on the council's agenda so they can take some action. He added that that sort of request ought to be pre sented in the form of a budgetary pica about the first of the year. Samscl said "Preservation of this asset (the depot) is an opportunity for all of us to tell outsiders what we think of ourselves as a community." According to Samsel, some $30,000 is needed to finish the restoration project and he said he hopes the Cherokee community and area will continue to support the program through contributions. Whitlock developed her interest in science.

She won the S.D. Science Fair Competition in 1990. Put garbage in those carts Beginning Dec. 1, Sioux City residents who use carts for yard waste will be permitted to use those carts for garbage, it was announced Wednesday by the city Utilities Department. Until Dec.

1, however, carts containing garbage will not be picked up. Utilities Department officials also remind residents that yard wastes cannot be placed in plastic bags. Residents who have the "jack-o-lantern" bags filled with leaves must empty those bags into appropriate containers before the leaves will be picked up. The plastic bags must be thrown away in the garbage, not with the yard waste. Utilities Department officials also remind residents they must set their garbage out the night before it is scheduled to be picked up.

Trucks may come by at different times each week depending upon the amount of garbage there is to be picked up or as the result of changes in route patterns to increase the efficiency of collection routes. Citizens who have questions concerning the garbage and yard waste collection programs may call the Solid Waste Division of the Utilities Department at 279-6156 between the hours of 8 a.m. and 4:30 p.m. Monday through Friday. Crash victim dies of injuries Pay With Your Charge Card A woman who was treated and then dismissed from a hospital after a one-vehicle accident Saturday died Monday of traffic-related injuries, officials said Wednesday.

Anne Elizabeth Jacobsen, 40, of Lot 392, 5309 Highway 75 North, died Monday of abdominal injuries suffered in the accident, said Dr. Thomas Bennett, Iowa state medical examiner. Police said Jacobsen, southbound in Highway 75 at about 6 p.m. Saturday, drove her station wagon onto the right shoulder in the 2100 block and lost control of the vehicle. It went into a deep ditch and overturned.

Both Jacobsen and her passenger, Freddie Wainwright, 34, of the same address, were taken to St. Luke's Regional Medical Center where they were dismissed after receiving treatment, said Officer Dave Hansen, the police department traffic investigator. On Monday, police and other first responders were summoned to the Jacobsen address. Jacobsen again was transported to St. Luke's at about 11 a.m.

under emergency conditions. A hospital spokeswoman said Wednesday Jacobsen was declared dead in the hospital emergency room. Hansen said Jacobsen 's death was the sixth this year caused by traffic accidents. There were eight in 1990 and 13 in 1989, he said. Toastmasters move on campus Morningside College has a newly-formed Toastmasters Club one of very few on U.S.

campuses, an organizer said. The group, called Campus Toastmasters Club, was started to give students a chance to learn leadership and speaking skills, according to Jane Maske, assistant director of financial aid and the school and an organizer of the club. "This will help students in interviewing skills and they will gain more confidence," Maske said. Toastmasters is an organization designed, in part, to help people overcome their fear of public speaking. Maske said the group now has about 10 members.

There are four or five other Toastmasters clubs in Sioux City, she said. Place your want ad by phone or in person CALL 279-5092 OR CALL TOLL FREE 1.800-397-3530.