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The Lincoln Star from Lincoln, Nebraska • Page 6

Publication:
The Lincoln Stari
Location:
Lincoln, Nebraska
Issue Date:
Page:
6
Extracted Article Text (OCR)

6 The Lincoln Star Tuesday, February 24, 1976 Court To Rule On Reservation Indians' Rights Pay Ruling Allowed To Stand cilarv nf malp Washington (UPl) The Supreme Court Monday agreed to decide whether Indians accused of murder on reservations have a right to be tried under federal or state murder laws, whichever gives them the better break. The justices will hear arguments next spring in the federal government's appeal of a 9th Circuit Court of Appeals ruling. The appeals decision reversed the murder convictions of three Indians for the 1974 beating death of Emma Johnson. a non-Indian, in her home on the Ooeur dian reservation. The major crimes act defines crimes committed on reservations by Indians against Indians and by Indians against amendments, for many crimes such as assault the law of the state where the crime occurred is applied.

But the act provides that first degree murder can be any killing committed while attempting rape, burglary or robbery. Mrs. Johnson was killed in the course of a robbery. Under Idaho law, the prosecution must prove premeditation before win- non-Indians. Under recent Idaho Case Could Affect Omaha Indians Wherry explained that U.S.

reservation residents. a law says the federal government problem of between has jurisdiction over Indians, but federal and state statutes which in this state Nebraska has jurisdiction over the Omaha According to Daniel Wherry, U.S. attorney for Nebraska, the Idaho case could have an effect on Omaha tribe of Indians. Stanley Named District Judge Gov, J. James Exon Monday appointed County Judge George Stanley of Nebraska City as district judge for the 2nd District He replaces the late Betty Peterson Sharp.

Exon picked Stanley over County Judge Eugene Atkinson of Papillion and William Davis, an attorney for Nebraska City. The 2nd District includes Sarpy, Cass and Otoe Counties. results in confusion for those administering the law. Wherry said Last year U.S. Judge Robert Denney had to dismiss a case because the federal and state "language jibe." Wherry stated.

This wording problem definitely hampers prosecution of cases involving Indians, he added. mng a first degree murder verdict. Murder committed in the course of another felony is in second degree unless premeditation is proven. Two Indian defendants, Gabriel Antelope and Leonard Davison, were convicted of first degree murder under the federal law. A third defendant, William Davison, was convicted of second degree murder.

All three alleged on appeal that their rights to equal protection of the law had been violated. They noted that had they not been Indians, the law of Idaho would apply to their case and the prosecution would have to prove premeditation, not just that Mrs. Johnson died in the course of a felony. The appeals court agreed that rights had been violated because the Indians faced certainty of conviction for a higher crime merely because they were affiliated with a tribe. The court reversed their convictions and ordered them tried under Idaho law.

It did not strike down the federal law, but said when state murder laws are more lenient, they must be used. In seeking Supreme Court review, the solicitor general said the lower court ruling did not give sufficient weight to the special powers reserved for the federal government in supervising Indian affairs. Washington (AP) The Supreme Court Monday refused to review a decision that the University of Nebraska discriminated against male employes in its effort to provide equal pay for women. The court left undisturbed a ruling of the U.S. Circuit Court of Appeals in St.

Louis that the formula developed by the university should have been applied equally to men and women. The case nvolved the univer- College of Agriculture, which had 516 extension employes, including 124 women. The university undertook a salary adjustment for women in 1972 after the University of Wisconsin had been found in violation of the Civil Rights Act on grounds that women did not receive equal pay. The Nebraska Agriculture College developed a formula based on various factors which it said went into determining the High Court Grants Extra 15 Minutes Washington (AP) The Supreme Court Monday announced it will grant additional time for oral arguments in a free press-fair trial case arising out of a order restricting pretrial publicity in a Nebraska murder case. The court said it will grant an additional 15 minutes to the two attorneys for news media groups challenging the order and 15 minutes to attorneys defending the order.

This will bring the total time for the argument to an hour and a half. No date has been set for the case, but it is expected to be heard this spring. The case stems from an order by District Judge Hugh Stuart of North Platte, which prohibited the news media from reporting most of the circumstances of the of Erwin Charles Simants until a jury had been selected for his trial on charges of murdering six members of a Sutherland, family. Simants later was convicted. salary of male extension employes.

It then applied this formula to the women employes, resulting in salary increases for 33 of them. Ninety-two male employes received less than they would have had coming under the formula. The male employes contended that the Equal Pay Act must be treated as in its applicability." does not mean giving to one person or group of persons at the expense of a second person or they told the court. The university said the circuit court decision would discourage employers rooting out latent sex-biased discrimination voluntarily for fear of precipitating a similar backlash Equal Pay Act claim by disconcerted male employes." Music news is covered thoroughly in the "Sunday Journal and Star." Shop Our Giant World Today 10 til 10 For Spectacular Sale SPECTACULAR SALE PRICE ON SMOCK TOPS AND Wm FASHION JEANS Big and Little Girls TOPS Dainty Laces, Quilting or Including Popular Gauze Tops Look For Solids, Stripes, Prints And and Little Girls JEANS Kicky New Spring Looks, Appliques And Stud Reinforced At Stress Points For Extra Long Wear Blue Denim A Fabulous RG Savings HOODED NYLON JACKETS Extra Warm Lining- Ogg Novelty Embroideries 2-4T 4 to 6X Smock Tops Or Jeans 77 EACH specialsale price J) Boys1 Long Sleeve TI-DYE SHIRTS Easy Care Cotton Polyester Blend- 8 to 1b Colors 7 to 14 Smock Tops Or CAP AU 8 to 1b Sell-Out Priced FOR THIS SPECIAL SALE! Infants' Ea PANT SUITS Short Sleeve Knit Shirts With Snap Shoulders Match Up With boxer Waist Flare Appliques And Embroideries Spectacular Sale Price TODDLER GIRLS' FASHION PANT SUITS AII Seu- Fashion Looks For Spring Big Tops. Knit Tops Or Blouses With oardinated Slacks 7 88 Sali- Priced.

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About The Lincoln Star Archive

Pages Available:
914,989
Years Available:
1902-1995