Rapid City Journal from Rapid City, South Dakota on July 1, 1994 · 9
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Rapid City Journal from Rapid City, South Dakota · 9

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Rapid City, South Dakota
Issue Date:
Friday, July 1, 1994
Page:
9
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Obituaries, B2 Markets, B4 Sports, B6-8 oca u FRIDAY Rapid City Journal July 1, 1994 Tina Marcotte's mother cares for her children as police search for clues to her disappearance. By Kyle Wood Journal Staff Writer while family and friends of Thomas Kueter mourned his death Thursday, the mother of Tina Marie Marcotte fears her daughter also is dead. Kueter died when a forklift ran over him Tuesday morning at a wood processing plant southeast of Rapid City. He died of head and chest injuries, according to a coroner's report. Just three days before his death, Governor asks from Supireirroe Gov. Miller wants court to determine if proposed amendment will make video gambling legal. By Bob Mercer Capital Bureau PIERRE - Gov. Walter Dale Miller took the advice of Chief Justice Robert Miller and asked the state Supreme Courty whether video gambling would be legal under a constitutional amendment the governor plans to propose. Gov. Miller quietly filed the request for an advisory opinion Wednesday afternoon, one week after the state's high court in a 4-1 decision declared video gambling to be in violation of the South Dakota constitution. Chief Justice Miller, who is not related to the governor, strongly made the point last week why an advisory opinion hadn't been requested from the court earlier, after questions arose in 1988 and 1991 about whether video gambling was constitutional. The state Legislature approved video gambling in 1989, declaring it a form of state lottery. A 1986 constitutional amendment allows a state lottery. But the court last week said video gambling wasn't a lottery. Gov. Miller wants the court to issue its advisory opinion before the Legislature meets in special session July 11 to address issues raised by the court's decision. He called the session to be- State wrestles with what to do with video games By Bob Mercer Capital Bureau PIERRE The state's security director said Thursday he was not sure what should be done with some 7,900 video gambling machines in South Dakota, if and when the court order MM Events 10 a.m. to 11:30 p.m. Black Hills Heritage Festival in Memorial Park at Rapid City. Custer State Park 75th Birthday and Anniversary Ceremony, Custer State Park. Activities on the lawn of the visitor's center in the afternoon and formal invitation-only ceremony from 5 pjn.to6p.rn. at the Game Lodge. Bear Soldier Pow-wow, McLaughlin Farf s Iron lightning Pow-wawr a.s-Butte 8 p.m. "The Foreigner" at the Black Hills Playhouse in Custer State Park. , J 9 p.m. Fourth of July weekend street dance at the Norwest Bank Parking Lot in Hot Springs. w main's Kueter and Patrick Gleason, who police describe as Marcotte's common-law husband, came to the Public Safety Building to tell police she had disappeared early Friday morning. Marcotte is still missing. Marcotte's mother, Joyce Hartz, flew to Rapid City from New Hampshire to help care for Marcotte's three children. Hartz said she feared she wouldn't see her daughter alive again. "She would never leave her kids for anybody," Hartz said Thursday. ' She said police told her to stay in New Hampshire, and that she couldn't do any good in Rapid City. But she said she came here to help her grandchildren and to appease her own fierce curiosity. "I'm not just going to sit here and take it," she said. "I need to know for me. If they (police) don't find her by Gov. Miller Justice Miller gin at 9 a.m. MDT. Lawmakers will decide whether to put the constitutional amendment on the Nov. 8 election ballot. A constitutional amendment requires approval in a statewide vote. 1 Quoting from the chief justice's words of a week ago, the governor said he sought the advisory opinion "in view of this enormous statewide impact and the devastating economic consequences" from elimination of video gambling. The fiscal 1995 state budget that starts today was based on $65 million of revenue from video gambling. The state takes 37 percent of money players lose in the privately owned machines. The proposed amendment would eliminate the current amendment allowing a state lottery and insert a modified version that calls for "a state lottery or video games of chance." Another change would let the Legislature determine the proceeds due the state and the use of the money. The current amendment says the "entire net proceeds" shall go to op eration of state government or other comes to shut them off until the Nov. 8 election. Andy Comer told the South Dakota Lottery Commission that he first thought the terminals, which are privately owned, should be taken out of bars and other establishments and placed in warehouses. But Comer said he wondered whether that was practical, especially if voters approved a constitutional amendment that would allow video gambling to resume after the election. "I also want it to come back up as quickly and hassle free as we can," he said. For now, Comer said, he plans to be flexible. That was just one of the dilemmas the commission discussed in its first meeting since last week's state Supreme Court decision that video gambling isn't a lottery and violates the state constitution. Larry Long, the No. 2 lawyer in the attorney general office, said there was no way to predict when the Supreme Court might send the case back to Circuit Judge James And-rsonof Pierre to issue the shutdown order. The state has asked the court to rehear the case ana to issue a delay, known as a stay, on enforcing the shutdown. But Long said rehearings "are not often granted" and there was no procedure in South Dakota's 1 this weekend, I will look myself." Rapid City police and Pennington County sheriffs deputies on Thursday continued their search for Marcotte and their investigation into Kuetefs death. Police aren't saying whether they know of a connection between the two. Hartz, 53, who works at the state hospital in Concord, N.H., said she didn't know Kueter. Marcotte had never mentioned him, not even in a letter she sent to New Hampshire last week. All seemed well then, she said. Kueter's accident at Forest Products Distributors Inc. is under investigation by the Occupational Health and Safety Administration, which is standard when a worker dies on the job, said Bruce Beelman, the area director for North and South Dakota. Results could come back in days or weeks, he said. advice Court Proposed amendment Here is the complete text of the constitutional amendment that Gov. Walter Dale Miller intends to propose to the Legislature for the Nov. 8 election ballot: "However, it shall be lawful for the Legislature to authorize by law a state lottery or video games of chance which are regulated, controlled, owned and operated by the state of South Dakota, either separately by the state or jointly or in cooperation with one or more states or persons, provided any such video games of chance shall not directly dispense coins or tokens. The Legislature shall establish the portion of proceeds due the state from such lottery or video games of chance and the purposes for which those proceeds are to be used. SDCL chapter 42-7A (the lottery laws), its amendments, regulations and related laws, and all acts and contracts relying for authority upon such laws, beginning July 1, 1987, and through the effective date of this amendment, are ratified and approved." purposes set by the Legislature. The machine owners and establishments currently split their 63 percent share of the take. courts for issuing a stay. "You can operate until Judge Anderson tells you that you can't operate," Long said. That could come as early as July 12, although Long said it likely would take longer. The lottery's administrative director, Curt Everson, said nearly all of the machines could be shut off over several hours in the middle of the night. Some might take longer if they didn't respond to the state's central computer, which uses dial-up telephone links with individual terminals. "We just don't have a big switch we can throw and shut them all off," Everson said. Another unresolved question is whether the machines can legally be in South Dakota, since the Supreme Court's decision would nullify the laws allowing them. Long said his interpretation was the machines wouldn't be in violation as long as they remained out of operation and weren't altereJ. But there was concern on the commission that local or federal prosecutors might see J r..s,r . ... , . "What if the state's attorney in some county disagrees with the attorney general?" asked H.L King, a commissioner from Aberdeen. Long said he hoped to get some direction from the Supreme Court. Black Young quilter finds artwork calms her By Debra Holland Journal Staff Writer Iva Yellow Elk's quilt creations are so precise people often accuse her of using computer designs and a sewing machine to do the intricate work. "I do it all," she said proudly. "It's all original and done by hand." Yellow Elk, 33, says some people find it hard to believe a woman so young can produce such beautiful American Indian quilts. "I'm the talk of older Indian women. Some of the talk is good and some of it's bad," she said. Yellow Elk will demonstrate quilt making from 10 a.m. to 2 p.m. Saturday at the Black Hills Heritage Festival at Memorial Park. Yellow Elk, who grew up at Wakpamni Lake near Martin, learned the quilt-making tradition from watching her grandmother, Christine Firethunder. "She would take me to quilting bees. I loved it," Yellow Elk said. Yellow Elk learned by doing when it came to quilting. "She gave me the diamonds, the thread and the needle and said, 'Do it,' " Yellow Elk recalled. "I didn't know where to begin." Yellow Elk quickly learned and realized she had a flair for combining colors and creating patterns. The first quilt Yellow Elk made, a broken star quilt made in blue tones, hangs prominently on the wall of her living room adorned with photos of her four children. "It's calming," she said of quilting. "1 can sit here and quilt and forget about everything else. I'm out here until late sometimes 3 or 4 in the morning just wanting to get it all done." A queen-size quilt can take up to two weeks to finish. Yellow Elk has a pile of ribbons and a plaque she won for her quilting. She was top quilter at the Black Hills Pow-wow two years ago Schedule Festival events Today's events include: Entertainment tent (band shell) 10 a.m. Anne Roach. 1 1 a.m. John Jackson's tribute to the King. 2:30 p.m. The Atoll, world beatreggae music. 6 p.m. Rapid City Police Dept., DAR.E. Band. 7 p.m. Gwen Bastian and the Cherry Creek Band country music. Book fair 10 a.m. Laura Ingalls Wilder presentation by Bonita Cochran. 11 a.m. "Poker Alice Confesses," dramatic presentation by Helen Rezatto. 1 p.m. Storyteller, Bonnie McNeil. 2 p.m. Fairy tale story time, Black Hills Reading Council. 3 p.m. Local authors read and autograph their work. Authors include John Welch, Jane Hoyt Lamb, Harry Putnam, Paul Hennessey, Clayton Jennings, Barb Yvika, Beck Rost and Bill Schulz. 5 p.m. Kids on the Block puppet show; New Reader presentation. Arts fair Noon to 8:30 p.m. arts booths open. Craft fair Noon to 8:30 p.m. crafts booths open. Archaeology fair 10 a.m. to 5 p.m. exhibits open. BSow that horn: Trumpeter Dick Ditt-man blows some high notes for Black Hills Heritage Festival goers Thursday night at the band shelter in Memorial Park while playing with his Very Urge Band. The festival continues today and .through the weekend. (Journal photo by Johnny Sundby) Hiils Heritage Festival , . Arr. "J Y -Pi ivi Si Iva Yellow Elk works on a star quilt in the living room of her home on Anamosa Street in Rapid City. Yellow Elk will demonstrate her art at the Black Hills Heritage Festival Saturday. and won best of show at the Northern Plains Indian Arts Expo in Sioux Falls last year. Yellow Elk says she doesn't like to sell her quilts in Rapid City because the market is so saturated, which drives the price down. She prefers selling regionwide or doing o S: - - . . TT Journal photo by Debra Holland quilts on commission. A graduate of the Institute of American Indian Art, Yellow Elk thrives on combining her hand-drawn designs with patterns of color on fabric. "It's hard to part with them. I put so much into them," she said. Folk Art Festival Saturday The rich and diverse cultural and ethnic heritage of the region will be showcased at the 7th Annual Black Hills Folk Art Festival Saturday in Memorial Park in Rapid City. The folk art festival is held in conjunction with the Heritage Festival. The purpose of the festival is to give the public an opportunity to watch authentic folk arts demonstrated and performed, said curator Deborah Gangloff. The public is invited to experience the art and culture of our ancestors, kept vibrant and alive today, she said. "The public is encouraged to ask questions and visit with the artists, all who have an interest in sharing what they do," she said. There will be both a morning and an afternoon session featuring a different set of artists at each sessioa The morning session, 10 am. to 2 p.m., honors American Indian culture. The afternoon, 2 p.m. to 6 p.m., will celebrate immigrant heritage. s. ( X.. ZsZ&W f.,trr ,,yr. .'- J . ' - I ',

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