The Daily Sentinel from Grand Junction, Colorado • 1

The daily Sentinel Weather Party aovdf Thursday, July 6, 1972 Home Edition 16 Pages 10c Grand Junction, Colo, Up Ruling ti Credentials Dispute By VERNON A. CUIDRY Jr. WASHINGTON (AP) Chief Jus-tice Warren E. Burger today extended until further notice a stay Issued by the S. Circuit Court of Appeals which suspended the effect or itj or ders returning ISt California delegates to Sen.

George McGovern. Burger's action followed pleas to the Supreme Court by the Democratic party and by forces of Chicago Mayor Richard J. Daley for a special term of the court to consider an appeal erf the circuit court's decision which also unseated Daley and 58 other Illinois delegates. Burger's order reads that the circuit stay is hereby extended until further order of the court." The circuit court stay was due to expire at 3 m. The action by Burger freezes the Issue as it stands until a decision is made at the Supreme Court level on whether to accept the dual appeals of the circuit court decision.

The party hierarchy asked Burger to suspend the effect of the appeals court ruling, which Wednesday overrode the party Credentials Committee to allow McGovern ta recover 1S1 California convention delegates. The Daley forces are seeking just the opposite effect, contending that federal courts should Intervene In order to seat Daley and 58 other Illinois delegates ousted by the Credentials Committee. There no indication when the chief justice might act. The Court of Appeals restored to McGovern the full 271-vote California reversing the committees vote to take more than half the number from him and apportion them to other primary candidates, chiefly Sen. Hubert H.

Humphrey. The court suspended the effect of its rulings until 2 p.m. today to give the high court time to act if it wishes. The Supreme Court has held only three special sessions In its history. We feel this case is as compelling and more compelling" than those which prompted the other sessions, said Democratic National Committee counsel Joseph A.

Calif ano in Miami Beach. "The courts should not get Involved In selecting delegates, McGovern forces announced Wednesday afternoon that the appeaiscourt action gave their candidate more 'than the 1,509 delegate votes needed for nomination. The Associated Press delegate jeount, which does not list officially uncommitted delegates who are leaning toward a candidate, showed McGovern with 1,438.65 votes. But Humphrey was in no mood to concede. He noted that the Supreme Court had not yet spoken and argued further that the party itself would be the ultimate judge.

Humphrey conceded it would be "Quite a hassle" if the convention ignores the court, but said he felt it has the right to do so. The appeals court based its intervention on the conclusion that the party had ignored its own rules to the point where constitutional guarantees due process were violated. California law awarded all the delegates to the winner. The 2-1 decision overturned a U. S.

District Court which ruled Monday that the judidapy has no jurisdiction in processes unless a clear constitutional is involved. Grooving At Gravel Pit by the Grand Junction City Council Wednesday night may be the first step toward turning some old swimming holes into formal recreation areas. Sentinel Photo By Robert Grant Sixteen-year-old Debby Hughes is showered by her dog, Duke, while on a family outing at a pond created by men who excavated the area for gravel and naturally filled with river water. Action taken Injunction Against Denver Water Bond Election Denied By Court Junior ROTC Girls Now Can Join Program WASHINGTON (AP) The Army announced today that the junior ROTC programs in high schools will be open to girls beginning with the new school year in Sept ember. More than 600 high schools offer the Junior ROTC program throughout the United States, Puerto Rico, Guam and the Canal Zone.

Women who take part will incur no obligation to join the Army upon graduation. Chau Delay Proposed REYKJAVIK, Iceland (AP) International chess chief Max Euwe proposed another delay Wednesday night in the Bobby FIscher-Boris Spassky world championship match as the maneuvering and confusion continued in Reykjavik. There was no immediate response from Fischer or the Russians, and it was not known whether the twice-postponed match' would start Sunday. Mountain Bell Denied Interim Rate Increase By MARY LOUISE GIBLLN Sentinel Staff Writer DENVER A suit seeking an injunction against holding a $200 million Denver water board bond election was dismissed here Wednesday, on the grounds that the plaintiffs had failed to state a claim on which relief could be granted. The decision, in.

Denver district court, indicates that, even though an appeal is made to a higher court, the bond election will go on July 11 as scheduled. However, Richard Mauro, lawyer' for one of the said this morning that the group may decide not to appeal. It depends on what happens at the election. If the issue is defeated, court on June 23. The plaintiff organizations asked that the Denver water bodrd be forbidden to hold, the proposed special, election pn July and ais6 forbidden to hoTcfany election on water bond proposals until the defendant groups in the city and county of Denver could establish the municipal interest in such a proposal.

The half-dozen organizations and individuals filing the suit claimed in their action that there was denial of due process and equal protection under both the state and federal constitutions. They claimed unconstitutionally on the grounds that the bond question is vague; that only the city and county of Denver would be allowed to vote on a bond issue which had a statewide effect; that the water board is acting beyond its powers; and that the board abused its discretion by allowing only 59 days for consideration of a $200 mil-, lion bond proposal. 1 while the Colorado Public Utilities Commission was deciding whether to grant a request for a permanent hike. The PUC hearings are continuing. Denver District Court earlier upheld the PUCs decision to deny the interim hike.

The Colorado Supreme Court later said it could not hear the case as long as a final decision was pending before the PUC. At issue in the appeal was the Public Utilities Commission ruling March 25 that Mountain Bell whs receiving a fair rate of return on its investment 8.9 per cent. Mountain Bell, using different bookkeeping procedures, said its rate of return was only 7.1 per cent and an interim rate hike was therefore needed. pENYER (AP) A federal court rraa ttiuied a Mountain Bell petition. to raise Colorado telephone rates.

Technicalities were cited in the panels 2-1 decision. U.S. Circuit Court Judge William E. Doyle and U.S. District Court Judge Sherman G.

Finesilver said Wednesday Mountain Bells request for the hike had not gone through state courts before being brought to the federal level. U.S. District Court Judge Hatfield Chilson, in a minority opinion, agreed with Mountain Bells contention that state courts refused to help. Mountain Bell had gone to court to seek an interim telephone rate hike wed have a moot case," Mauro said. If its not defeated, the appeal might still be moot, since the claim for relief went toward the election.

There are still significant legal questions we feel should be decided." Mauro indicated that, rather than an appeal, the case might have to be refiled, looking toward those questions. A successful bond election next Tuesday would be the first step in an extensive transmountain diversion of Western Colorado water to the metro-, poiitan Denver area. Thats the rea-. soniwo Western Colorado groups, Club 20 and the Eagle-Piney Protection entered the Denver suit-as co- plaintiffs. Dismissal of the suit filed by Plan Metro Denver, the Denver Taxpayers Protective Eagle-Piney, Club 20 and three individuals followed a motion made by the defendants at the start of the court hearing for the injunction.

Such a motion is a common one in civil suits. The motion is offered on the gropnds that the facts and law presented by the plaintiffs are not sufficient to show that they have a right to whatever judgment they are seeking. Defendants in the action were several Denver groups, including the water commissioners, election commission, city council and city and county of Denver. The actual facts on which the injunction was based were never argued, but only legal arguments relating to the motion for dismissal were heard, Mauro said. The Denver lawyer said the oral decision by Judge John Brooks of Denver district court contained no indication of why he had dismissed the suit.

The written order, following the oral decision, came out late Wednesday afternoon. Mauro noted that it had been written by the-Denver'dcf endants in tin.1"" case. It was adopted by the court over our objections, Mauro said. There were some rather detailed findings which rather summarized the defendants arguments, he said. The suit seeking a temporary injunction and asking an immediate hearing was filed in Denver district SS Benefit Hike May Hurt Some State Pensioners DENVER (AP) Mom than 3,000 old-age pensioners in Colorado may lose their pensions because of the new hike in Social Security the State Department of Social Services says.

Mrs. Mary Ann Ivey, a department spokesman, 'said Wednesday" the higher Social Security benefits will boost the income of an estimated 3,152 pensionsers above $145 a month. To qualify for a state pension, a person may not have an income exceeding $145 monthly, Ivey said. She stressed the 3,152 figure is tentative, saying state officials have not yet seen federal regulations-, concerning the Social Security raise. The Social Security hike, recently approved by Congress, raises the average recipients monthly Social Secr- Strong Gusts Of Wind Blast Area Wednesday Hijack Suspoct Chare! BUFFALO, N.Y.

(AP) Charles Smith, accused of attempting to hijack a parked passenger jet by holding his baby daughter at knifepoint, also has been charged with assault, burglary and kidnaping in connection with the case. Mina Employes Retained KELLOGG, Idaho (AP) About 40 per cent of the Sunshine Mining Co.s employes at Kellogg have been retained on the payroll despite closure of the mine since the tragic May 2 fire in which 91 men died. Marvin C. Chase, Sunshine vice president and general manager, said the company isr preparing a development plan for reopening of the mine to production hopefully sometime this fall. The plan will be subject to approval of the U.S.

Bureau of Mines, which closed the facility following the fire. NWA, Pilots Still Talking MINNEAPOLIS, Minni (AP) "Continued progress marked the third straight day of bargaining between striking pilots and Northwest Airlines, a National Mediation Board spokesman said early today. But mediator Harry Bickford refused to predict when a settlement might come in the seven-day-oid walkout of TSKForthwesTpiTofs Wallace To Leave Hospital SILVER SPRING, Md. (AP) George C. Wallace, partially paralyzed but still seeking the presidency, ends a 53-day hospital stay Friday and flies to the Democratic National Convention where he will disclose his plans for the future.

Aides say the Alabama governor will make an important political announcement on his arrival in Miami Beach. Officials Meet To Discuss Rise In Food Costs WASHINGTON (AP) The Nixon administration is carrying out a series of meetings on the sticky election-year problem of rising food prices, including the prices Americans are paying for meat. Treasury Secretary George Shultz met with 16 supermarket executives and top level officials of the government's anti-inflation apparatus on Wednesday. Following the meeting, Shultz predicted a drop in meat prices, telling a news conference: Were not talking about years, were talking about months and perhaps weeks. bnuiiz scnSJuTed a meeting today with farmers, producers and farm suppliers.

And Friday, President Nixon plans to talk about rising food prices with three members of his Cost of Living Council consumer affairs advisor Virginia Knauer and chairman of the Council of Economic Advisors Herbert Stein. 7 rial around in a funnel shape tore much of the roofing material from the canopy of the Mobil station at Horizon Drive and 1-70. Falling trim members damaged a car being gassed at the pumps. Nearby the wind caused considerable damage at the home of E.H. Godfrey, 647 Road 27V4.

While the family watched, in about- a minutes Strong gusts of wind stirred up dust, damaged several buildings, snapped twigs and branches from trees, and frayed tempers of housewives unhappy at grit suddenly appearing on furniture and floors of houses Wednesday evening. The biggest blow in and near the city was shortly after 6 p.m., but' there were strong gusts at various Ttm'GsrEisewnerrm tnevairey. Convection currents of air rising to clouds high above the ground caused the gusts. The clouds were caused by a flow of moist air at high evels from the west. The big blow shortly after 6 p.m.

caused most damage north of the city. One bystander said wind blowing mate- Tmie ltYitefihe roof on a shedpdam-aged dog kennels and scattered the roof on a back porch under construction. i Spruce rafters bolted to fir rafters gave way, plywood sheets were scattered, roofing shingles tom to scraps and the litter deposited through Godfreys yard and over the highway. Oct. 3.

Loss of the state pension, Mrs. Ivey said, would also mean termination of eligibility for Medicaid and free prescription drugs. State pension roils carry 35,000 names, which means roughly 9 per cent are jeopardized by the Social Security hike, Mrs. Ivey said. Passenger Also Dead trm Jet, CColI Hijacker! Consumer Credit Record I Q) WASHINGTON (AP) An increase Inca11 70 in loans for automobiles and other consumer products sparked a record rise in consumer credit' during May, By BOB YEAGER the Federal Reserve Board reports.

Consumer installment credit from SAN FRANCISCO (AP) We banks and retailers totaled $11 billion wanted to stop the hijacking and stop in May, a record increase of $1.44 bil- it we did, said the FBI special agent lion over the previous month. in charge, describing how authorities The figures, seasonally adjusted, stormed a pirated aircraft and killed comprise the loans made by financial two hijackers in a gun battle while institutions and credit extended for re- passengers were still aboard, tail purchases. Real estate mortgage ''Officials said shots fired by one of credit is not included. the hijackers killed a passenger and wounded two others after federal tl agents charged aboard an interstate jn I ne insiae Pacific southwest Airline Boeing 737 Ann Landers taken over by two hijackers for six Classified 6 7A hours Wednesday. Editorials 4 Certainly were not pleased that Family Page 5 three passengers were wounded, said 1A Robert Gebhardt, FBI special agent in 2A, 3A charge.

He made the comment before 4A learning that one of the passengers Tv Log Ir 'had died. 4A Put, he said in response to a re- tions by radio continued and the money and materials were collected. Under, orders from the hijackers who sought an international an FBI agent dressed as one approached the plane carrying the money, Gebhardt and Dave GardeUa, PSA security director, said. After stripping to his underwear on orders from a hijacker, the agent dressed again and went up the stair ramp with his hands on his heal In: the meantime, the other three agents had landed from a power boat in San Francisco Bay and approached the plane from its rear, where they could not be seen from inside At the last moment, they rushed up the stairway behind the negotiator, the FBI said. The two hijackers were described as recent immigrants from Bulgaria.

porters question, somebody had to make a decision. Three FBI men who had sneaked up under the fuselage of the plane rushed aboard after the hijackers refused to release 81 passengers, Gebhardt said. The slain hijackers had demanded two parachutes, $800,000 and passage to Siberia shortly after taking the plane over in the air, officials said. Gebhardt said the FBI men moved in on the plane only after the hijackers refused to release the passengers until the ransom was handed over. I saw two FBI men enter the plane.

said Dr. Manuel Alvarez, 58, of Sacramento, a passenger. The first came through with his hands on his head, and the second came up shooting, blasting away with a shotgun. The hijacker crumpled to the floor, said Alvarez. The FBI said the gunman had an automatic in each hand but did not open fire.

In the rear of the plane, the other hijacker had another automatic and fired at least three shots, the FBI said. The second hijacker went down almost immediately from FBI gunfire, Gebhardt said, and like the other was dead on arrival at the hospital. The hijackers also held the plane's five crew members. It was the first time the FBI had charged aboard a loaded passenger airliner to put an end to a hijacking. Wednesdays hijacking occurred at 10:10 a.m., shortly after the plane left the airport in Sacramento on a flight to Los Angeles via San Francisco.

It landed San Francisco International then took off, circled the city and landed again. The gunmen killed Wednesday were identified from cards in theii pockets as Dimitr Alexieff, 2, of Hayward, and Michael Azmanoff, 28, of San Francisco. The passenger dead on artivai at Peninsula Hospital in nearby Burlingame, was E.H. Stanley Carter, 66, identified as a retired Canadian Na- tional Railway conductor from Long-' ueuil, Que. The wounded passengers, reported in fair condition at the hospital, were identified as Leo A.

Gormley, 46, -of Van Nuys, and Victor Sen Yung, 56, a Universal City, actor who plays the Chinese cook in the Tv series Bonanza." After landing and then taking off and circling San Francisco for an hour, the plane sat for five hours at the end of the runway while negotia- t. .4.