Tulare Advance-Register from Tulare, California • 5

County jury system challenged Tulare Advance-Register Tulare, California Friday, July 14, 1972 Page 5 larly citizens between 18 and 21 years. Powell broadened his challenge to include trial jury panels selected on the basis of voter registration rolls. The jury panels exclude those who have failed to register. Trial juries are selected from the jury panels. And the defense motion argued that since the panel unconstitutionally excluded certain people, it would not be proper for a jury drawn from it to hear the murder case.

Powells last motion asked that the trial jury panel be excused because it lacked potential jurors between 18 and 21 years. The challenge to the grand jury system is not a new move. It has been tried in other counties of the state. And it has succeeded in other states, Powell said. A recent decision by the U.S.

Supreme Court held that the issue of various groups exclusion from the grand juries could be raised as an issue even if the defendants didnt belong to such a groups, Powell said. Penney and Moss are both white. They were arrested early this year after the 1971 Tulare County Grand Jury returned an indictment against them charging the. murder of Charles Gibson in an Earlimart liquor store holdup. ocratic Central Committee, Powell said.

The law excludes elected political officials from serving on grand juries. He also argued in another motion that the grand jury indictment was illegal because of evidence submitted to it by District Attorney Robert Bere-man. Powell said the evidence included leading questions asked of witnesses. Another motion argued that the 1971 grand- jury that indict ed Penney and Moss as well as those preceding it were unconstitutionally selected. Powell said the juries lacked fair representation of a cross-section of the community from 1961 to 1971.

The system of selection excludes various identifiable groups from participating in the grand juries, Powell stated. By identifiable groups, Powell said he meant not only racial groups but age groups, particu Tax plan support builds Two men charged with the-1966 murder of an Earlimart liquor store owner won apparent court delays Thursday as their attorneys filed arguments in Tulare County Superior Court challenging the entire process of selecting trial juries and grand juries. Public defender Jay Powell filed motions to subpoena all county Superior Court judges from 1961 to the present as witnesses regarding their selection of grand jurors. Powell, whose motions were joined by attorney Lloyd Hicks, Visalia, excepted Superior Court Judge N. 0.

Bradley who hasnt yet selected a grand jury. His motions also asked the court to subpoena all nominees to the grand juries from 1961 to 1971 and evidence of each jurors income during the years of their nominations. He also asked for their income records for the year preceding their nomination to the grand jury. Powell asked that these motions be heard July 18, the date further proceedings against James E. Penney, Pixley, and Johnny Moss, Earlimart, were to continue.

In calling all superior court judges except Bradley as witnesses, Powell excluded them automatically from hearing his motions. A separate motion argued that county grand juries are illegally constituted and violate Constitutional provisions guaranteeing equal protection of the law and due process of law. Powells motions argued that the 1971 Grand Jury indictment charging Penney and Moss with murder was illegal. Two members of that grand jury were members of the countys Dem is to protect counties from frozen tax rate increases that would not allow funds for needed county services. The board Thursday supported AB 1000, a bill pending in the legislature that would provide an increase in homeowners tax exemptions to $1,750.

But the supervisors recommended an independent review board to help decide county budget increases and tax rates hikes. Supervisor Donald Hillman was to return today to Sacramento with official support for a plan he has been urging for property tax reform. The Tulare County Board of Supervisors Thursday took an official position essentially supporting Hillmans proposal. Hillman disclosed his idea won a favorable initial reception from Lt. Governor Ed Reinecke earlier this week.

The thrust of Hillmans plan crease might be based on the increase in assessed property values. The supervisors went on record opposing the Watson Amendment that will appear on the November ballot, limiting property taxes. Their statement said the measure would force special district expenses onto the county. At the same time it would deny the county the funding power to finance the services picked up from the special governmental districts. In essence, the Watson Amendment would place counties in a vise between added governmental expenses and static revenues, the board argued.

The review board is Hillmans proposal he has suggested as an alternative to the present status of AB 1000. He proposes that instead of a flat rate of allowed tax rate increases, now suggested at five per cent, the state use the review board to pressure against unnecessary tax hikes. This would allow counties to increase their expenditures if necessary. The supervisors stated that if a built-in taxing limitation does become law, the legislature should provide procedures for reimbursing county expenses. The board is particularly concerned with state, federal and judicially ordered programs that cause county expense.

The board also said some provision must allow for county budget increases pegged to the populations growth or the con-umer price index. The board suggested the allowed tax in- Three die in crash Shooting claim denied A Tennessee Highway Patrolman looks over the smashed wreckage of a Greyhound bus. Three persons died and 20 were injured in tne crash of the bus and an automobile today in the little community of Capleville, near Memphis. (UPI telephoto, bullet from the gun struck the Quiroz boy in the forehead. The bullet was removed at Tulare District Hospital and he was allowed to go home.

Brown was reportedly playing with thq gun in a crafts class when it discharged. Redevelopment aide met A $10,000 claim against the Tulare Union High School District stemming from a shooting incident on March 13, was rejected by the districts board of trustees. The claim was made by Mrs. Angeline Quiroz, 7797 Ave. 260, as guardian of Eddie Frances Quiroz, 15, who was injured in the shooting.

The incident occurred at Tulare Western High School when a .25 caliber pistol being handled by Albert G. Brown, 17, 540 W. Cedar discharged. A ANTIQUE SHOW AND SALEli Sot. July 1512 to 10 p.m.

Sun. July 1612 to 6 p.m. AT THE DINUBA MEMORIAL BUILDING Dinnba T.lbrary Fond to Receive 10 of the Proceed Admiftflion $1.50 Each Brin? this ad and enter for only $1.25 each SHOP AT HOME Phone Your nearest Kerr Store and well be happy to bring samples of Kerrs 22 value line carpets for 1972, in 322 colors. Choose the carpet that suits your budget and decor in the comfort of your home! Your nearest Tulare County Store is at CENTER LOCUST IN VISALIA 7349227 Open Friday Evening Until 9 p.m. Tulare daybook Members of the Tulare Redevelopment Agency had a special meeting Thursday with Douglas C.

Myers, a land marketing consultant they recently hired to help get downtown redevelopment on its way. Myers was hired to assist the agency and any potential developers in Tulare during the next six months. His work will not exceed 40 days in that period and he will be paid $30 an hour, not to exceed $9,600. Myers first task, said Redevelopment Director Jim Smutz, is to discuss plans with the Little Portugal group, which plans a center in Tulare. Smutz said if Myers cannot be of help in getting the groups plans underway, he will then work with other developers.

WEATHER TULARE WEATHER Temperature Today: 75 low. Thursday-: 108 final high. Smog J.evel The oxidant level at the Visalia monitoring station Thursday was .13 parts per million at 3 p.m. A level of .10 parts per million or more is considered hazardous to human health. U.S.

FORECASTS Extended Forecast Continued fair and some cooler Sunday through Tuesday in Central California with higns in the 90s and Just over 100 with lows in the 60. The Central Coastal area will have highs in the 60s and 70s and morning cloudiness with lows in the 50s. San Jomiuin Valley Continued hot through Saturday with highs from the low 100 to 110 and low tonight in the mid 70s. Light wind. Sacramento Valley Little temperature change with highs today and Saturday from 105 to 112 and low tonight from 65 to 75.

Light northerly winds. San l-'rancisro Bay Region Slightly cooler today and Saturday, our ANNOUNCING New Ownership and Management POLO LOUNGE RESTAURANT and COCKTAIL LOUNGE -4545 W. Mineral King at Marco Polo Motel Coffes Shop 6 A.M. 2 P.M. Dining Room Opon 5 P.M.

10 P.M. Cocktail Loungo Open 10 A.M. -2 P.M. (Happy Hour 3 P.M. to 6 P.M., Serving hori d'oeuvret) DANCING MON.

THROUGH 9 P.M. 1:30 Stanley Dunn, Your Host TO fair Inland and patchy fog along the coast. Highs in the 70s along the coast and 90 to 102 Inland with lows In the 60s in the costal areas and the mid 60s inland. Los Angeles and Vicinity Little temperature change through Saturday. Highs both days in the 90s and lows near the mid 60s.

Some low clouds and local fog along the RIVER RUNOFFS Kaweih River inflow, 80 second-feet Terminus Dam storage, acre-feet; dam release, 446 second-feet. Tnle River Inflow. 1 second-foot: Success Dam storage, 20,046 acre-feet; dam release. 103 second-fed. King River calculated natural flow.

384 second-feet; Pine Flat Dam storage, 376.464 acre-feet; actual flow, 5.360 second-feet. San Joaquin River Inflow, second-feet; Friant Dam storage, 237.518 acre-feet: dam release, 156 second-feet; Frlant-Kern Canal, 3,442 second-feet. VITAL STATISTICS DIVORCES ASKED CEDERQUIST Margaret Olota Cederqulst from Donald Junior Cederqulst Julv 13. HAYES Milton Dee Hayes from Edith Maurine Hayes, July 13. FORTIER Opal Louise Fortier from Edward J.

Fortier, July 13. PERRINE Evelyn Josephine Perrlne from Eugene B. Perrlne, July 13. RAMOS Eugenia G. Ramos from Rej mundo Ramos, July 13.

MARSHALL Thomas D. Marshall from Margaret W. Marshall, Julv 13. BURTON Rosia W. Burton from George D.

Burton, July 13 DIVORCES GRANTED DRYSDALE Patricia L. Dr.vs-dale from Gilbert W. Drysdale, interlocutory. Julv 13. SAGER Tentyr Susan Sager from Donnld E.

Sager, interlocutory, July 13. ASTON Reba Lou Aston from Eugene L. Aston, interlocutory, July HUNNICUTT Barbara Hunnl-eutt from Homer Lee Hunnicutt, final. July 13. GORDON Donald G.

Gordon from Norma J. Gordon, final, July 13. HIGH Martha High from William G. High, final, July 13 BIRTHS EDOEWORTH-To Mr. and Mra.

Robert G. Edgeworth. 954 No. at Tulare District Hospital, July 13. a son.

CJUINTANA To Mr. and Mrs. Thomas Quintans, Goshen, at Tulare District Hospital, Julv 13, a aon. SULLIVAN To Mr. and Mrs.

Wesley Sullivan, 799 Moraine at TulRre District Hospital, July 13, a son. WILKERRON To Mr. and Mrs. Harrll Wilkerson 4384 W. Inyo at Tulare Dlatrict Hospital, July 13, a daughter.

MARKETS COTTON PRICES FRESNO (UPI) Fresno Cotton Exchange quotations, all charges paid f.o.b. compress: 1 -116 1 332 1 18 Strict middling 36.95 37.20 37.30 Middling 36.75 37.00 37.10 Strict low middling 35.85 36.10 36.20 Low middling 33.73 34.00 34.00 EGGS, POULTRY FRESNO (UPI) (FSMNS) -Eggs at ranch Large 27-31; medium 22-25; small 9-12. SATURDAY JULY 15TH 10 AM Town Country Shopping Center OPENING SPECIALS Belts ..............3.99 Tank Tops 2.99 Wallace Beerey Knits 3.99 TOPPS TROWSERS A New Concept In High Fashion Clothing TOPPS TROWSERS Ttiafs right personal checking account doesnt cost you anything at American National Bank and now you need only maintain a one hundred dollar balance. And, if you drop below that amount, the charge is now just one dollar for that month. Cost-Less" personal checking at American what a great way to get something for nothing.

Ik GARAGE SALES are becoming very popular and make you extra money too Duet off that old furniture oi other Idle household items SELL.FOR.CASH More and more people are watch Ing the WANT ADS every day for bargains place your ad now American National Bank Town Country Shopping Center 1247 Cherry St. HOURS: 10 to 9 Sat. 10 to 7 Sun. 12-4 488.8620 Tulare Corner of King 86-3394.