Albany Democrat-Herald from Albany, Oregon • 10

2 justices used 8th Amendmen Linn news Li), (i i 1-i '1 If" of record or death ruling Fines du not include court costs or other assessments degree; Saul David Levine, 34, Boston, and Peter Howard Denton, Si, "Cambridge, Mass. Forfeited 125 each. Theft In second degree; Sleven Neal Hansen. 21, 450 E. Long, Sweet Home, dismissed Transporting livratock without trsn.

snorlatiun certificate: Gale Andrew Hart, 67, Turner, costs only. Criminal activity in drugs I marijuana): Howard Callas, 21, 1830 S. Thurston, Albany Dismissed, state's witness tailed to appear. State of Oregon vs. Earl W.

Parker and Alice L. Parker, ages and addresses not given Defendants charged with parking in restricted lot, costs only. Hunting In closed sraion: Donn Bradley Ellis, 16, Star Rt. I Box 44, Lebanon, fined 130; Benjamin Blair Brown 16, Rt. 3 Box 384.

Lebanon, fined 130. Ne angling license: Carol ToweU Harris. 28, 2210 E. Front, Albany, dismissed, unable to locate. II i 1 Jl mimM 1 Lira limwi I Ml -i OHflHtl WASHINGTON (AP) The Supreme Court decision outlawing the death penalty as it is now imposed leaves the door open for Congress or the states to write new laws that would be considered valid.

But the door isn't open very much. -The only reason there is an opening at all is that only two of the five justices in Thursday's majority seem to have concluded that capital punishment is prohibited by the 8th Amendment for all crimes and under all circumstances. They were Justices William J. Brennan Jr. and Thurgood Marshall.

The three others, Byron R. While, Potter Stewart, and to a lesser degree, William O. Douglas, quarreled constitutionally not with capital punishment itself so much as with the looseness of sentencing procedures. That is, the legislatures left it to judges and juries to choose to impose the death penalty in one instance of murder or rape and to impose a lesser sentence on another defendant for a similar crime. White said that as a result the odds are very much against execution.

"When imposition of the penalty reaches a certain degree of infrequency, it would be very doubtful that any existing general need for retribution would be measurably satisfied," he said. Stewart said: "I simply conclude that the 8th and 14th Amendments cannot tolerate the infliction of a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed." Put another way, Stewart said the death sentences before the court "are cruel and unusual in the same way that being struck by lightning is cruel and unusual." Douglas, meanwhile, said the 8th Amendment requires legislatures to write criminal laws that are "evenhanded, nonselective and nonarbitrary" and requires judges "to see to it that general laws are not applied sparsely, selectively and spottily to unpopular groups." Chief Justice Warren E. Burger, one of the dissenters, took heart in the Stewart-White position. He said: "Since the two pivotal concurring opinions turn on the assumption that the punishment of death is now meted out in a random and unpredictable manner, legislative bodies may seek to bring their laws into compliance with the court's ruling by providing standards for juries and judges to follow in determining the sentence in capital cases or by more narrowly defining the crimes for which the penalty is to be imposed." A prisoner at Angola State Penitentiary, La. gives the "thumbs-up" signal from his death-row cell after hearing of Thursday's Supreme Court verdict concerning capital punishment, above.

Forty men awaiting execution for murder or rape at the Louisiana institution gained their reprieve in the ruling. Left, a lone overhead light illuminates the shadowy form of the Stateville Penitentiary, 111. electric chair Thursday shortly after the court ruled the death penalty "cruel and unusual punishment forbidden by the Constitution. (UP I Telephoto) Decision didn't please all Circuit Court Jutrt, U72 Citlwns Valley Bank vi. Lvle 0 Crauj, rt ux Alleges nonpayment of certain executed nd delivered promissory note for certain personal property.

Seeks court for a judgment nmnst defendants for possession of personal property or the sum of 111. too, coat and disbursement Paul Ratcliff vj. Leo Haney. Alleges negligence in removing a certain teat from iti pedestal and having the tame without appropriate and adequate warning to the patrons of defendant's tavern, knowing that the same would Constitute a haurd to the patrons under the conditions existing. Plaintiff alleges he suffered injuries when he fell, striking himself on said exposed steel pedestal Seeks 125,000 general damages, II ,500 lost wages, medical and hospital care in the sum to be determined, costs and disbursements.

Lewis Lantendoerfer and Agnes Langendoerfer, dba Aggie-Lou's Bee-Burger Restaurant, and Robert L. Jensen and Lillian J. Jensen vs. Paul Nicholas Gergen and Ferris P. Gergen Alleges that defendant was negligent while backing his automobile and thus backed into plaintiff's business and damaged wall.

Seeks 11,963 plus costs and disbursements. Betty Prances Goodman vs. Ronald Eugene Holmes. Petitioner residing In Sacramento, Calif, requests support from respondent living in Corvallis. Marriage Licenses Ronald Duane Bachmeier, 23, Wah Chang, 1545 S.

Park Terrace. Albany, and Mindy Susan Mason, 23, 1545 S. Park Terrace, Albany. Michael Charles McCoy, 19, millworker, 248Sturtevant, Lebanon, and Michele Unsey Huston, 20, student, 1846 Seventh, Lebanon. Gary Alan Bonds, 25, logger, Stayton, and Mary Nell Toews, 28, Kt.

1 Box 146. Scio. Divorces Darke Joy Zyski vs. Richard Romero Zyskl. Married May 11, 1971 in Reno, Nev.

Seeks divorce, household goods and other relief. Jerry Richard Wallace and Marlene Linda Wallace, copetltioners. Married Sept. 1970 in Linn County. Seeks divorce, approval of property settlement, II per child per month child support and other relief.

Kenneth L. Bond vs. Arlene L. Bond. Married July 7.

1968 in Reno. Nev. Seeks divorce, distribution of assets and other relief. Joy W. Powell vs.

Garald W. Powell. Married March 7, 1970 in Hueneme, Calif. Seeks divorce, restoring maiden name and other relief. Joann Fryman vs.

Jack L. Fryman. Remarried Dec. 7, 1968. Seeks divorce, custody, child support, permanent alimony, attorney fees, premises and other relief.

La Vaughn Rosenogle vs. E. Duane Rosenogle. Seeks divorce, custody, child support, attorney fees, division of property and other relief. Elaine Margaret Mary Bartosz vs.

Lawrence Clarence Bartost. Married Sept. 20, 1952 in Linn County, Seeks divorce, custody, child support, support of plaintiff, division of personal property and other relief. District Court (June 29. 1872) Burglary In lint degree: Donald Eugene Bishop, 43, Sweet Home.

Dismissed, state's witness failed to appear, Crlmlnlal trespass la second Albany taocrat-fcralD Page 10, Friday, June 30, 1972 McGovern lashes back of back-room dealing' Solon suggests amendment for death penalty WASHINGTON (AP) A death-penalty amendment to the Constitution has been proposed by a congressman who calls the Supreme Court verdict "harmful to the nation, faced as it is with rising crime." The proposal was introduced Thursday by Rep. Louis C. Wy-man, after the Supreme Court's 5-4 decision holding the death penalty unconstitutional as it is imposed under current laws in the United States. The court's ruling is "contrary to society's right to the protection of this deterrent to murder," said Wyman. Wyman, attorney-general of New Hampshire before he came to Congress, is a former president of the National Association of Attorneys General.

"It's too late to argue about whether the decision is right or wrong, for there's no appeal from the Supreme Court. The only answer now is an amendment to the Constitution and Congress should propose one right away," Wyman said. REUT-A-BUG! fiffi BUSES AND CALIPERS NOW AVAILABLE! CM RENTAL SYSTIM BUG RENTALS $85 START AT 1st 109 MILES FREE! BUR LOW RATES MCM0ES 111 MILES PER BAT RS0RAICE FIMISKI MMKWTIom LUUNO cMPnaM MERLE TAYLOR VOLKSWAGEN SStl SAHTIAK HWV. Benton news of record antipoverty bin due work WASHINGTON (AP) -Overriding opposition from the White House, the Senate has passed a antipoverty bill which sets up an independent corporation to help the poor with legal problems. After a week of sometimes-angry debate, the Senate Thursday voted 74 to 16 to approve the measure and send it back to the House, which passed a somewhat different version last February.

A conference will attempt to iron out differences between the two versions after Congress returns July 17 from the recess for the Democratic National Convention. The Senate measure authorizes funds for two more years for programs aimed at helping the 26 million Americans officially designated as living in poverty. The bill authorizes funds quite a bit higher than President Nixon recommended for many programs of the antipoverty agency, the Office of Economic Opportunity. The measure does not give Nixon the authority he sought in handling or transferring programs. No equal rights BATON ROUGE, La.

(AP) Louisiana, the last state to ratify the constitutional amendment giving women the right to vote, refused Thursday to ratify the proposed amendment granting equal rights to women. The House killed a Senate-approved ratification resolution by a vote of 64 to 32. JMt WW1 OF Traffic No operator's license: Jan Marie Stewart, 30, 3525 Dlan, Albany, forfeited 125. Excessive trailer sway: Steven Alan Dumdi, 26, Yamhill, forfeited 115. Ne trailer license: Schuster, 28, Brush dismissed.

John Franklin Prairie, Expired truck trailer license: Eugene Austin Koyse, 42, Portland, dismissed, valid license. Axle overload: Wayne Jerome Eddy, 20, 610 Fifth, Sweet Home, fined 50. Inadequate muffler: Michael Thomas Hall, 20, Corvallis, 15 fine suspended. Expired vehicle license: David Allen Severson, 26, Redmond, dismissed; Julie Ann Bradshawn, 22, Rt, 1 Box 170, Tangent 1 30 days probation. Failure to yield right of wav: Bruce Richard Barton, 18, Rt.

1, Albany, fined 115; Marilyn Gayle Bartholomew, 30, Vancouver, fined 15. Operating defectively equipped vehicle: James Terreance Abbott, 18, 1825 S. Main, Albany, 30 days probation. Defective equipment: Frank Delano Bunnell, 35, Portland, firwd 110. No fixed load license: Gary Glen Stockton, 18, Corvallis, forfeited 10; Gary Woodrow Combs, 27, Salem, forfeited 110.

Failure to transfer title: Billie Burl Hooper ,38, Monroe, dismissed. Engaging In speed contest: Michael Ray Reed, 20, 1365 S. Hill, Albany, fines 150. Failure to reasonably control motor vehicle: Virgil Paul Dandurand 17, 4625 Knox Butte, Albany, fined 125. Failure to drive to right of divided highway: Charles William Goode, 63, Portland, forfeited 15.

Following too close: James Thomas Burton, 56, hempstead, N.Y., forfeited 115. No PUC permit: Richard M. Ackerson, 30, Graham, dismissed, unable to locate. No operator's license on person: Paul Bernard Weatherford, 39, Rt. 1 Box 362, Jefferson, dismissed, valid license.

Improper passing: Joseph Anthony Wydronek. 18, 820 Bradley! No. 14, Albany, dismissed, unable to locate. costs or other assessments) Paul Heyman. 20, 2650 Ashbahr, Corvallis, fined 15.

No operator's license: Tony Pecorilla, 17, Monroe, dismissed. Expired vehicle license: Doris Armstrong VanEss, 36. Redmond, fined $10; Jacob Peters, 46, Dalas, fined 125; Paula Ann Van Sanford. 21, Rt. 3 Box 405, Corvallis, 30 days probation; Fred Silbert Perkins, 46, 620 NW VanBuren, Corvallis, fined $10; Steven Wilson Roden, 27, 1125 E.

14th. Albany, fined $5. Expired operator's license: Bruce Fischer Yocum, 18. 1115 Jones, Albany, 30 days probation. Studded tires: Naomi Martha Whitley Lucas, 55, Monroe, fined $10.

Speeding: Dale Wayne Herr, Portland, fined $15; Michael Douglas Nelson, 18, Aurora, fined $10. DefecUve equipment: Robert Keith Pond. 26. Rt. 1 Box 342.

Corvallis, 30 days probation; Gary Glen Stockton, Rt. 3 Box 567, Corvallis, forfeited $10. No muffler: Kenneth Lee Yeoman Tillamook, fined $10. Suspended operator's license: Gordon Edward Cornet, 30, Monmouth, fined $100. five days jail; Dale LaVonne Brock, 22.

Philomath, innocent. I OFF THE STORE 258 ma CABINET! Romney called the ruling "one of the most terrible decisions we've had out of the Supreme Court in years. It is probably the biggest judicial afterthought in Several officials predicted the ruling would have a major long-range impact on parole procedures. Legislators in some states said they would work to reinstate capital punishment, an option which the court left open under certain circumstances. that, "if the Democratic nominee is nominated according to the rules in a way I think is fair, support him." Humphrey, calling the decision "only fair," said his own chances "have markedly improved" and criticized McGovern's reaction.

"Anyone who would bolt or rush off in a huff has, may I say, very little regard for the convention and its procedures," he said. The challenge, filed by supporters of Humphrey and other candidates who ran behind McGovern in the June 6 primary, contended that the winner-take-all California law violated the spirit of party reforms. The California vote seemed certain to solidify McGovern's committee supporters behind a challenge to Daley and 58 other uncommitted Illinois delegates he controls on grounds they were selected improperly and underrepresent women, youth and blacks. The challengers include several McGovern supporters. JfdUSt iMPomi) hnron mm SCOTCH WHISKT fx 'ID ft 7 muse -J By the Associated Press "They ought to let us out In the yard for our own Independence Day," rejoiced one Washington death row inmate upon learning that the U.S.

Supreme Court had barred capital punishment as it is now imposed. But if the news was generally welcomed in U.S. prisons, some public officials and law officers took strong exception to the decision handed down Thursday. Utah Atty. Gen.

Vernon G. SEN. GEORGE McGOVERN Smiles have gone tion later when he told a news conference in Atlantic City, N.J., that his initial outburst "doesn't reflect what I want to say about this matter." "I don't want to make any threats," he said, and added QJ. as T7 IXISS ffllliniHBfitEtlllfilHttt I 45 QT. ftp! VV 4 4 1 "A N7 nif UfflL to 12 GAL, i 45PT.

WASHINGTON (AP) An angry George McGovern has threatened to withhold support from the Democratic ticket if he loses the presidential nomination because of what he called "shabby back-room dealing." McGovern coupled the threat with a stream of accusations directed at the Credentials Committee vote Thursday stripping him, at least temporarily, of more than half the 271 delegates he won in California's primary. The committee's 72-66 vote to apportion the 271 delegates among nine candidates, rather than awarding them all to McGovern, fueled the unrest simmering in a party searching somewhat uncertainly for harmony between regulars and reformers. That decision and another due today on a challenge to one of the pre-eminent old-liners, Chicago Mayor Richard J. Daley, portended further acrimonious debate at the Miami Beach convention opening July 10. The full convention will vote on accepting or rejecting Credentials Committee decisions.

In his initial burst of anger, McGovern called the committee decision "the rottenest political steal I've ever seen in my political career" and blamed Sen. Hubert H. Humphrey, his nearest rival and chief beneficiary of the ruling, for engineering it. "I couldn't possibly support a convention that would sustain this kind of shabby back-room dealing," he declared. "I wouldn't have any part of any convention nominee who would support this." But he tempered the asser- THE lis THE 1971 if WE a NEED 1 TRADES II Fines do not include court CIRCUIT COl'RT (June 28, 1972) Divorces Bobbie W.

Heussy vs. William C. Heussy. Seeks divorce, property settlement agreement approved and other relief. Stanley A.

Hake vs. Carla M. Hake. Seeks divorce, custody, child support, equity in premises and other relief. Rebecca G.

Carman vs. Frederick Scott Carman. Married July 31, 1971 in Portland. Seeks divorce, household goods, automobile and other relief. Birna C.

McFarland and Joseph C. McFarland, conditioners. Seeks divorce, approval of property settlement, agreement and other relief. DISTRICT COI RT (June 28, 1972) Traffic Disobeyed stop sign: Jacqueline Minter Miles. 32, Rt.

3 Box 797, Albany, fined $10. Overload: Robert Lee Rutland. 26, Philomath, fined $290; Erroll Mac Leslie, 26, Philomath, fined $10. Disobeved traffic signal: Gradv Olan Hamby. 20.

Alsea. forfeited $15; Nick Lane. 44. Philomath, fined $15. No Oregon operator's license: Steven If it grunts-groans-squeaks-shakes Come on in and let's talk trade on a new refriqerator.

Capacity and convenience for narrow space. Regardless of condition Model TA-12SL EZ Terms Welcome L1 sJ CLOSING wMm 'i1 OUT SALE We have to move everyth ,1 out of the building by August 151107 CHRYSLER LEASE CARS HAVE ARRIVED 1971 PLTI200TII GMN COUPE' FURY 4-DOOR HARDTOP Automatic, power steering and brakes, disc front air conditioning, radio, vinyl top and interior! SAVE 1971 PLTHSDTH FURT III 4-DOOR HARDTOP Equipped with automatic, power steering, power brakes, disc front brakes, air conditioned, radio, one has a vinyl top, and two hove vinvl interiors! SAVE 11.5 cu. ft. Dial Defrost Refrigerator to xJVJJ ON EVERYTHING IN BifuU -width freezer 13 fflf99 Boysen I Norse Paint Cabinet Hardware Tools-hand power and Much, much Morel Chiller tray Check Our HO INTEREST 30 DAY PLAN Bankcards lUd'rOft 3711 is 1375 PL Yf.lOUTIl OisLiEi L10T0RS 2345S.SantiamHwy. IPS is Km ma mm mm jMi wm AFillSnCE SERVICE 4lb 6 ly OPEN FRI.

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