The Montana Standard from Butte, Montana • 2

Montana Standard, Butte, Tuesday, March 12, 1985 Then, on March 18, 1981, the council passed an ordinance that fixed the salaries for the elected officials at less than the appropriation contained in the final budget. The court found that this salary revision was more than merely a change of the salary schedule contained in the final budget. "When Butte-Silver Bow adopted the proposed salary effective increase and by motion, set the specific amount, and set specific dates, then included the increase in the final budget, such salary became fixed for that period and could not subsequently be revised," says the majority opinion. THE OPINION WAS signed by Justices William Hunt, John Sheehy, Frank Morrison and John Harrison. Justices L.C.

Gulbrandson, Fred Weber and Jean Turnage dissented. In his dissent, Turnage argued that majority opinion "places an unwarranted burden on a consolidated government by forcing the government body to precisely determine salaries, and perhaps other expenditures as well Weber and Gulbrandson said no authority was given to affirm he conclusion that the original budget resolution adopted by the council actually fixed the salaries and was not subject to revision. The local government may now petition for a rehearing of the its appeal. Bukvich, Jacobsen, Murray Local officials win latest in salary dispute Three elected officials have won dispute with Butte-Silver Bow. The Montana Supreme Court court Dan Bukvich, coroner Leo Murray in their battle to win a In a 4-3 decision, the justices the local government has no power budget.

But the high court affirmed a procedure. used by the local elected officials was unlawful. The contrary ruling favors the Murray and Jacobsen on the the latest round in a lengthy salary Friday voted in favor of clerk of the Jacobsen and former auditor Katie salary increase. reversed a district court finding that to amend salary figures in a final lower court ruling which held that the government in 1981 to set salaries for government on one side and Bukvich, other. THE CASE GOES back to July 1981 when the three officials asked the district court to compel Butte-Silver Bow to pay them salaries in line with the schedule used to determine the 1980-81 fiscal budget.

Butte-Silver Bow, claiming the budget figures were merely estimates and not amounts required to be paid, successfully moved to have the petition dismissed. The three officials then appealed the district court order. The Supreme Court, unable to rule on the appeal because the record on the budget resolution before the council of commissioners was incomplete, remanded the matter to district court. Obituaries Edward Claytor, 84 Edward Foster Claytor, 84, of 2203 Walnut, a former cowboy who moved to Butte in July from Pinedale, died Monday in a Butte nursing home. Mr.

Claytor was born in Casper, July 18, 1900, to Lon and Mattie Claytor. He attended Wyoming schools and worked as a ranch hhand. He worked for the Postal Service and retired in 1974. CLAYTOR CLAYTOR He was All-Around Cowboy in the 1919 Casper rodeo, belonged to the Rawlins Elks Lodge No. 609 and was a World War II Army veteran.

He and Vivian Crawford were married April 19, 1967, in Evanston, Wyo. She survives. Other survivors include his wife of Butte; sons, Leo Smidt and Earl Smidt, both of Butte; daughters and son-in-law, Shirley Earles of Rocker and Vivian and Ronald Aamold of Butte: stepson, Kenneth Duncan of Bountiful, Utah; sisters, Eva France of Alcova, Alice Gidstrup of Bridger and Jane Davidson of Casper; brothers, Jake and Robert Claytor, both of Alcova; Services will be Wednesday at 2 in Wayrynen-Richards Funeral. Home with the Rev. Gary Reller officiating.

Cremation will follow in Bozeman. Burial of ashes will be in the Pinedale Cemetery in Pinedale, Reba Storer, 88 Memorial services will be Tuesday at 6 in Wayrynen-Richards Funeral Home for Reba J. Storer, 88, of 1611 Sixth, Walkerville, who died Sunday in the Butte hospital. The Rev. Wayne Fisher will officiate.

Cremation was in Bozeman. Mrs. Storer was born Oct. 10, 1896, in Provo, Utah, to William and Rebecca Mitchell. She: attended schools in Utah and moved to Butte in 1917.

She married Charles Storer in STORER 1916 in Utah. Mr. Storer died in 1954. She was a life member of the Ruth Chapter of Eastern Star, Daughters of the Nile Tirzah Temple No. 3 and belonged to the White Shrine of Jerusalem.

She enjoyed gardening. A daughter, Reba Sherwood, died in 1963. Butte statistics DEATHS Edward Foster Claytor, 84, 2203 Walnut, Monday. Reba J. Storer, 88, 1611 Sixth, Walkerville.

BIRTHS In St. James Community Hospital, Monday: A son to Diane and Jack Kaatz of Sheridan. A son to Michelle and Roland Rees of -TOWN BIRTHS A son to former Butte residents Brian and Lisa Hildreth of Helena, Sunday. Police reports Oliver Arygone of 703 Utah said he was punched in the nose after being stopped Sunday about 2 a.m. at Broadway and Main by three men and one woman.

He said they demanded money and when he didn't give them any, they punched him. Fire calls Sunday 9:54 p.m. False alarm, 26 E. Silver. Police court Doris Hall.

21, of 326 S. Montana was sentenced to 30 days in jail Monday in police court for misdemeanor theft of a carton of cigarettes Friday from Eggers Foods, 600 S. Excelsior. Nanette Koivisto, 23, of 11 E. LaPlatta forfeited $75 for misdemeanor theft of a pair of work gloves Thursday from Safeway Store, 310 W.

Front. Anaconda residents Tim S. Anderson and Dan S. Draper, both 18, were each sentenced to three days in jail for unlawful possession Saturday of alcoholic beverages. Other fines and forfeitures: John C.

Chatriand, 31, 3400 Hill, $45, speeding; Walter F. Robbins, 68, 1935 Sampson, $40, illegally passing a school bus; Kirk E. Boden, 20, Colorado, $34, speeding; Michael A. Murphee, 19, Butte, $32, speeding; and Wayne A. Liebman, 20, 815 W.

Park, and Theodore R. Henningsen, 59, 1855 Wall, $20 each, stop light violations. The Montana Estabiished June 1, 1876 A DIVISION OF LEE ENTERPRISES Don Berryman Publisher Rick Foote Managing Editor Dennis Morgan Comptroller Don Killoy Advertising Director Jim Ruork Systems Coordinator "Pom Swiger City Editor Mick Ryan Circulation Mgr George Toy Press Plate Foremon Dennis Ritari Mailroom Mgr The Montana Standard -published daily and Sunday at 25 Granite St Buts? Montana 59701 Secona Cicis Postage paid at Butte Montana Owned by Lee Enterprises Inc 130 Second Street Davenport Iowa 52801 No part ol this newspaper nay be reproduced without the written consent. of the publisher Member of the Audit Bureau of Circulation and Associated Press Advertising Dept. Hours 8 a.m to 5 m.

Send new subscriptions and change of address to The Montana Standard: PO Box 627. Butte, Montana 59703- HOME DELIVERY RATE BY INDEPENDENT CARRIER DAILY AND SUNDAY Foot Carrier S1 80 per week Motor Route 5191 per week SENIOR CITIZENS Senior Citizen 51 65 per week Motor Route 5176 per week The district court held for the three officials and required ButteSilver Bow to pay the salary figure that was used to the determine the budget. Butte-Silver Bow then appealed. In its most recent ruling, the high court addressed two issues: Whether Butte-Silver Bow with self-government powers has the authority to revise a salary schedule as it is set forth in the final budget revision done according to the law. Whether Butte-Silver Bow did in fact revise the schedule according to the law: THE COURT SAID that the local government has the power to revise salary schedules but that its revision of the salaries of Bukvich, Murray and Jacobsen was unlawful.

The three first asked for salary increases in July 1980, arguing that they had not received a pay raise since 1977, while many appointed officials had received pay raises. The council recognized the request, discussed it at a meeting and passed a motion granting the salary increases to begin Jan. 1, 1981, and be in effect through June 30, 1981. The local government, meanwhile, was in the process of adopting its final budget. In its final budget resolution, the council included the salary increases.

Survivors include her daughters and sons-in-law, Phyllis and Koehler Stout of Butte and Marion and John O'Neill of Oroville, five grandchildren; and one greatgrandchild. Memorials may be made to the Shodair Children's Hospital or, charity. Harry Allen, 68 Burial Mass was in Holy Cross Catholic Church in Townsend for former Butte resident Harry Allen, 68, who died March 5 in Missoula. Burial was in the Radersburg Cemetery in Radersburg. Mr.

Allen was born June 17, 1916, in Southern Cross to Orlando and Catherine Allen. He graduated from St. Patrick School in Butte and later moved to Townsend. Survivors include his brothers, Con Allen of Butte and Robert Allen of Victor; and sisters, Bessie Milburn and Mary Price, both of Butte, Helen Harris and Jean Buckingham, both of Townsend, and Ann Roberts of Radersburg. Two brothers and two sisters preceded him in death.

Bertha Jones, 97 Longtime Anaconda resident Bertha Jones, 97, formerly of 315 Willow, died Monday in a Butte nursing home. Cremation has taken place. No services are planned. The former Bertha Williams was born in Butte June 27, 1887. She attended Butte schools and married Thomas Jones Aug.

7, 1906, in Butte. He was an engineer for the Railway. The couple moved to Anaconda in 1920. He died in 1947. Mrs.

Jones continued to live in Anaconda, until she entered the nursing home in 1977. She was a member of the Neighbors of Woodcraft and the Ladies Society of the Brotherhood of Locomotive Firemen and Engineers. Surviving are a daughter and sonin-law, Virginia and Jay Ewing of Anaconda. Parson Funeral Chapel is in charge. Allen Johnson, 73 DEER LODGE Services will be Wednesday at 2 in the Jewel Funeral Home for former Deer Lodge rancher Allen E.

Johnson, 73, who died Sunday in his home south of Deer Lodge. Elder Robert Eliason will officiate and burial will follow in the Hillcrest Cemetery with graveside services by the Deer Lodge No. 14 Mr. Johnson was born June 26, 1911, to. Edward and Mary Johnson Deer Lodge.

He attended schools in Deer Lodge. On Feb. 12, 1936, he married the former Irene Johnson Butte Butte man, charged leaving A 26-year-old Butte man has been issued a traffic citation for failure to remain at the scene of an accident in connection with the hit-and-run death of Arnold Boelter, 83, of 124 W. Broadway. Timothy E.

Spear of 1401 W. Granite was released on recognizance Monday. Boelter, a clerk at the Grand Hotel, died early Sunday morning in St. James Community Hospital from injuries he sustained after -being struck by a car just several feet from his home and work place. According to a police report, the accident happened in the 100 block of West Broadway between 1:30 and 2 a.m.

The report said Boelter was in the street when he was struck by a vehicle that left the scene. Maximum penalty for conviction of leaving the scene of an accident involving an injury or death is not Strike stops trucking firm of Butte. Mr. Johnson worked as a meatcutter at Dempsey Meat Market for several years and then ranched south of Deer Lodge. In 1960, he worked at Galen State Hospital as a meatcutter and retired in 1971.

He returned to ranching and retired in 1975. He belonged to the Reorganized Church of Jesus Christ of Latter Day Saints, Deer Lodge No. 14 Royal Arch Masons, Ivan Hoe Commandary, Bagdad Temple of the Shrine, Royal Order of Jesters, Shrine Oriental Band and Elks Lodge 7037. Surviors include, his wife of Deer Lodge; sons, Carl of Deer Lodge and Terry of Helena; daughter, Marlene Wright of Green River, brothers, Wilbur and Norman of Deer Lodge and Jay of Butte; nine grandchildren, and five greatgrandchildren. Memorials may be made to the Shriner's Hospital for Crippled Children, Powell County Memorial Hospital Auxiliary Fund or the church.

Stanley Shafer, 59 DILLON Former owner of Dillon Glass and Supply Co. Stanley Dale Shafer, 59, died Monday at his home. Services will be Thursday at 2 in the Brundage Funeral Home with the Rev. George Burns officiating. Burial will be in the Mountain View Cemetery.

Mr. Shafer was born Sept. 23, 1925, Ruth and John Shafer in Anaconda. He attended schools in Butte, Anaconda and Dillon. He worked in the shipyards in Tacoma, until joining the Army.

was a World War II veteran. He spent several years working at the Yellowband mine on French Creek west of Dillon. He later worked at Maidenrock, Stauffer Chemical Co. and in mining engineering at Glen. In 1971 he and sons started the Dillon Glass and Supply Co.

He was past president of the Beaverhead Search and Rescue, in which he played a large role in organizing, and was president of the Beaverhead Snowriders. He also belonged to the Elks 1554, American Legion Post No. 20 and worked with committee opposing government plans for the East Pioneer Big Hole wilderness area. He married Lois Burt Sept. 25, 1946.

in Dillon. She survives. Other survivors include sons, Pat Baytown, Texas, and Mike and Bill of Dillon; daughters, Jackie and Jeneese of Helena; eight grandchildren, and three stepgrandchildren: Memorials may be made to the Beaverhead Search and Rescue or the Beaverhead Snowriders. 26, with scene less than 30 days nor more than one year in jail a fine of not less than $100 nor more than $5,000. TWO BUTTE MEN have been charged with burglary in connection with a break-in Monday morning at Prescription Pharmacy, 401.

S. Alabama. Philman F. Larsen, 46, of 2537 S. Dakota and Daniel C.

Marquardt, of 501 W. Granite each are free $5,000 bond set by Justice of the Peace Mel Mooney. The complaint alleges the two entered the pharmacy about 3:30 Monday morning. Calendar OverEaters Anonymous meets Tuesday at 7 at a new location, 2956 Hecla. For details call 782-5373.

By Jeri Pullum Standard Staff Writer Striking Teamsters shut down operations of Salt Creek Freightways in Montana Monday, but operations continued in the other six states where the company operates. Teamster executive secretary Jim Roberts of Butte said the 250 workers when out Monday morning. The strike involves four drivers, seven dock workers and one office worker in Butte, Roberts said. Company president Fran in Casper, said the company, continue immediately operating hired in Wyoming, Salt Lake City, Idaho Falls, Spokane, Rapid City, S.D., and Minneapolis. However, in Montana the company must advertise that it is hiring workers to replace striking workers, Trimmer said.

Those advertisements should appear in newspapers Tuesday, he said, and he expects the Montana companies to be operating this week if the strike continues. Roberts said the workers are striking because the company, which has filed for bankruptcy in Cheyenne, has not paid health and welfare or pension benefits since July. He estimated the company owes the funds $800,000. Trimmer said that figure is high, but didn't know the exact amount. "In my opinion, this is just a guise to cover up the real reason for the strike," Trimmer said.

real reason, according to Trimmer, is an amendment to the bunkruptcy law which allows a company to seek interim relief from a contract during bankruptcy proceedings if it can show the contract is a burden to the company. He said a Feb. 11 order by bankruptcy Judge Harold Mai in Cheyenne allowed the company to reduce wages, vacations, sick leave and holidays and allowed temporary relief from health and welfare and pension henefits. The judge's order is good until March 31, when the contract expires, unless a new agreement is reached first. "The negotiations we have had have not been productive and it does not appear that we will have an agreement by March 31," Trimmer said.

Two years ago, Roberts said, the company instituted a voluntary wage deferment program. Workers could take a 10- to 15-percent wage cut which they would receive if they left the company. Roberts said the company is holding close to $2 million in deferred wages. The judge's order, however, allowed more wage cuts of up to 40 percent, according to Roberts, and 32 percent according to Trimmer. Drivers and dock workers made $13.20 to $13.46 an hour and now are at $8 $9 an hour.

Office workers dropped from $12.50 an hour to $6 to $8 an hour. Roberts also complained that while some management workers took the voluntary 15-percent cut, that reduction was cut to 12 percent after the judge's order, amounting to a 3-percent raise. He said the company defended the practice by saying workers had given up some benefits, such as company cars. However, he added, the union discovered the cars were sold to some workers at depreciated value, which is less than market value. Trimmer said management workers received no wage increase and in fact took a 10- to 27-percent wage cut after the Feb 11 order.

No cars were sold to the detriment of the company," he responded to Roberts' complaint. He said the pay cuts, as well as delinquent benefit payments, all are on file with 'the bankruptcy court and the Teamsters are listed as creditors. Vandals hit junior high, wreck computers Food was strewn, lockers emptied and computers damaged after vandals broke into East Junior High School over the weekend, said Butte-Silver Bow Sheriff Bob Butorovich. The sheriff didn't know how many people were involved but said they broke in through an office window sometime after 6 p.m. Saturday.

The damage was discovered Monday morning. He said officials have no estimate on damages. They think some things might have been stolen but don't know what. "To me, this type of vandalism shows resentment for something," Butorovich said. He said the vandals apparently damaged the computers with a hammer, broke windows in office and classroom doors and punched: holes in the walls with a sharp instrument.

Obscenities were scribbled on the walls with a marker. In the cafeteria, he said, the floor was flooded and gelatin, crackers and other food scattered around the floor. Student lockers were opened in another area and the contents thrown around the hall. Standard MAIL SUBSCRIPTION RATES IN MONTANA Daily and Sunday 1 yr. 6 mos.

3 mos. 599.00 553.00 $27.75 Daily Only 593.00 S49.00 $26.00 Sunday Only $56.00 $30.00 $15.50 MAIL SUBSCRIPTION RATES OUTSIDE MONTANA and Sunday 1 Yr 6 3 mos. 5111.00 $59.00 $31.00 Daily Only 5106.00 $56.00 $30 00 Sunday Only 563 00 $34.00 $18.50 TO REPORT DELIVERY ERRORS in Butte, please call 723-6666 before 10 a.m. weekdays, Sundays and holidays. If your poper has not arrived by 7.30 a.m., please contact your carrier.

TO START OR STOP THE STANDARD the deadline 15 4 30 Monday through Fridav for the next morning The disinbution office is closed on Saturday and Sunday after 10 a OUR CARRIER SERVICE STAFF may be contacted by calling the following phone numbers in your area BUTTE, office 782-8301 ANACONDA. 563 6951 DILLON 683-4475 DEER LODGE 846-3677 HELENA 443 3189 Where more Americans find a bigger refund We can't promise everyone Found Tracey Daniel this. but in a recent survey of customers who got refunds. 3 out of 4 believe they got bigger $513! own refunds taxes. than 3 out if of they did their What can we find for you? 1810 Harrison Ave.

BUTTE 782-4244 Weekdays 9 a.m.-7 p.m., Sat. 9-5, Appointments available but not necessary.