The Capital Times from Madison, Wisconsin • 3

THE CAPITAL TIMES, Monday, April 3, 1978 3 District 4 Court of Appeals six-year contest Boyle and Gartzke offer contrasting views ft jX h. means a decision made by the court of appeals in Waukesha will be binding in District 4. The two men running for the six-year term have each practiced law in southwestern Wisconsin 25 years or more. The judicial philosophies of the candidates have contrasted more sharply than in the other two races for the appellate court. This Is the fourth try at public office for Howard Boyle 56, Beaver Dam attorney.

In 1964 and 1965, he ran unsuccessfully for the state Supreme Court. He lost the 1956 Republican U.S. Senate primary. A graduate of Marquette Law School, Boyle is married and the father of 10 children. He has written numerous legal manuals and has served as a Dodge County court By VIRGINIA MAYO Of The Capital Times Staff Tuesdays District 4 Court of Appeals election is important for two reasons.

First, it will be the only time voters will have an opportunity to select all three judges for the court. Starting in 1980, the terms for the judges will be staggered. Second, the new appellate court will be the "court of last resort" for most litigants. Under the provisions of court reforms approved a year ago, all litigants will have the right to appeal their cases to the court of appeals, but not all will have their cases heard by the state Supreme Court. The three who are elected to the new court will be assuming the role LAM Paul Gartzke Howard Boyle Sundresses Sundresses Sundresses rupert Cornelius the womens store 608 State, Hilldale, East Towne once handled by the state high court.

In addition, published decisions from each of the districts will have the effect of statewide This been the least critical of the existing court system. The new appellate court itself will make the system of justice in Wisconsin better by itself, Boyle contends, adding that the willingness of judges to work hard will determine the degree of improvement. Boyle has received an endorsement from the Dodge County Bar Association. His opponent, Paul Gartzke, 50, of 1709 Hoyt, is making his first try for public office. Married and the father of three children, Gartzke is a graduate of Harvard Law School.

An longtime Madison attorney, he received the highest number of votes in the Dane County Bar Association judicial qualification poll of any of the court candidates 346 yes votes. He Is president-elect of that organization. Gartzke has maintained the major issues in this campaign involve candidate qualifications and improvement of the justice system by improved access to the appellate court. Ive spent half of my life preparing to be a lawyer and the other half of my life being a lawyer, Gartzke says. He says he has handled all kinds of cases his law practice.

Gartzke has offered several suggestions to make the new court more accessible to litigants, such as using typewritten instead of printed legal briefs and hearing oral arguments only when necessary. He said those two changes alone would save many lawyer hours and much cost to appellants. Gartzke calls himself a moderate. He argues that a judge must find community standards from the laws passed by the Legislature, rather than from his personal philosophy. A judge has got to search for that standard, Gartzke says.

If the Legislature hasnt provided it, the judge is powerless. If he does act, he is acting without benefit of law. 1 If car deal is in writing, be stuck with it you may CLOSE OUT PRICES ON REMAINING NEW 1977 DODGES Cara, Tracks Vans Buy now while most colors, models equipment choices are available. Available For Purchase or Lease 5CHAPPE CONWAY DODGE 754 E. Washington Ave.

Open Mon. Thurs. Til 9 Sat. Til 4 p.m. Complaints about motor vehicles traditionally top the list of complaints received by the State Justice Department.

Complaints range from warranties to sales efforts to repairs. Jeffries said a potential customer should be careful when he makes a wrtten offer to a dealership. That offer can be turned into a binding contract by the dealership. "Its not a matter of merely playing with figures, said Jeffries. Be careful what you sign.

But motor vehicle dealers expect you to bargain with them on the price of the car, he said. Salespersons want to keep the fmal sales price as close to the list" price as possible. Throughout the campaign, Boyle has been arguing one major issue the need to get back to what he calls fundamental principles. I have a deep conviction that it's necessary for appellate courts to get back to fundamental principles in interpreting the State Constitution and the statutes, Boyle says. Boyle has attributed much of the "permissiveness of society, which he defines as including sexual permissiveness, a soft-on-crime attitude and giving high school pupils rights by which they can thumb their noses at school administration, to modern liberals who are sitting as appellate judges.

If the new courts expouse the new philosophy which has given us our modern permissive society, matters will continue to deteriorate, Boyle argues. If, however, these courts return to sound fundamental principles In Interpreting the Constitution and statutes, we will have the beginnings of a return to a wholesome and honorable society. Easily the most conservative-thinking of all of the appeals court candidates, Boyle feels it is important for the voters to know his judicial philosophy. In cases involving a philosophical issue, a judge is necessarily going to apply his personal philosophy in reaching a decision on that issue, he says. If the voters have not been made aware of the candidate's philosophy, they are merely buying a cat in a bag theyre not casting an informed vote.

Of all of the candidates, Boyle has Archaeological Society meets Wednesday Dr. James E. Jennings, professor of Biblical, Religious, and Archaeological Studies at Wheaton College, will address the Madison Biblical Archaeological Society on Wednesday, April 5, at 8 p.m. His topic will be From the Known to the Unknown in Ancient Syria, and the public is cordially invited to join the Society for this lecture in Room 313, DiRicci Hall, Edge-wood College. The Madison Biblical Archaeological Society is sponsored by the University of Wisconsins Department of Hebrew and Semitic Studies.

Capitol Watch By Matt Pommer Of Tto Turn 1 Be careful how you act with motor vehicle dealers. Thats the advice of James Jeffries, assistant attorney general in charge of the Consumer Affairs Division of the State Justice Department. W'hen you submit a written offer to a dealer, it could become a binding contract. And if you decline to honor the contract and take the car, the dealer could levy a 5 percent penalty against you. That means $250 on a $5,000 car.

Jeffries noted that the state law that gives a consumer 72 hours to cancel a contract doesnt apply to motor vehicle sales offers written at the dealers' place of business. And car dealers are the only merchants who can collect a 5 percent penalty against a consumer who won't take the merchandise. Jeffries said some dealers are apparently using the 5 percent penalty to their advantage. The threat of the penalty is being used illegal bushing attempts by some dealers, he indicated. "Bushing is the prohibited practice under which a dealer increases the pnce of a car after the contract has been written.

Most of the current complaints are coming from customers who have dealt with foreign car firms. Those firms apparently are being squeezed by the declining dollar in currency exchange. The cars are being delivered at a higher cost than the dealers expected. Then some salesperson turn to bushing, according to Jeffnes. The salesperson, for example, will tell the customer he might as well pay an additional $100 because he is facing the 5 percent penalty if he doesnt.

Jeffnes stressed state rules ensure that the dealer, not the customer, has to absorb pnce increases in such instances. Indications by Amencan steel firms are that pnces on rolled steel could put domestic car dealers in the same Come in low and bargain, advised Jeffries, adding that a customer might expect a couple of offers to be rejected. And most salespersons are more serious with the car customer who has been to other dealers. They know the person is a serious buyer who already has a feel for actual prices. Lobbyist to run Harold Klubertanz, the lobbyist for the City of Madison, will announce his candidacy for the East Side Assmbly district early this month.

Already in the Demnocratic race is David Travis, head of the State Senate Democratic caucus staff. Vacating the seat is State Rep. Peter Bear, D-Madison, who is running for the 13th State Senate seat, turn being vacated by State Sen. Dale McKeena, D-Jefferson, who wants to be lieutenant governor. Dont cheat yourself on your taxes.

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rune cities surveyed, porkchop prices ranged from $1.88 a pound in Sheboygan to $1.18 in Eau Claire. The average price of the other two meat items on the marketbasket list ground chuck and hotdogs showed moderate increases. One pound of ground chuck cost an average of $1.21, four cents above the February pnce. Ground chuck was $1.49 a pound in West Bend and .99 in La Crosse. A pound of all-beef frankfurters averaged $1.38 in March, an increase of a nickel over last month.

Franks were $1.53 in Madison and $1.19 in Eau Claire and Green Bay. Coffee, a budget buster for several months, declined 11 cents in March, averaging $3.30 for a one-pound can. A pound of coffee was 29 cents above the average in Eau Claire, where it was $3.59, and ten cents below at $3.20 in Milwaukee, Madison, Green Bay, Sheboygan and West Bend. Two other items frozen orange juice and fabric softener showed showed slight declines in the March survey. A six-ounce can of frozen orange juice dropped a penny to .47, while a The Associated Press Decreases in the prices of pork chops, coffee, orange juice and fabric softener meant a decline of 19 cents in the total average price of items in the March Associated Press survey of Wisconsin supermarket pnces compared with February's total.

The total average pnce Wisconsinites paid for the 15 marketbasket items, checked in nine cities around the state, was $16.38 at the end of March, compared with $16.57 a month earlier. Eight items in the marketbasket survey ground chuck, butter, eggs, paper towels, detergent, cookies, hot dogs and sugar rose in price, while three peanut butter, tomato sauce and milk remained the same as in February. Though the March marketbasket registered a decline, it was still 18 cents above Januarys total of $16.20, and 27 cents above the December figure of $16.11. The average price of a pound of center cut loin porkchops fell 28 cents in March as compared to February, dropping from $1.71 to $1.43. Of the They represent many insurance companies, not just one.

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