The Commercial Appeal from Memphis, Tennessee • 3

The Commercial Appeal Memphis Saturday January 10 1981 State Seeks To Withdraw 1-40 Segment Kidnap Suspect In Gaines Case Is Rearraigned By LOUIS GRAHAM Wl TMCmmrM AppHl By JAMES BROSNAN CiwuraM i NASHVILLE State officials submitted a formal request to Transportation Secretary Neil Goldschmidt Friday to withdraw the controversial 74-mile Overton Park segment of Interstate 40 from the Interstate system Officials said approval could come before Goldschmidt leaves office later this month Approval of the request would make Mem-phis and Shelby County eligible for federal fund of more than 5300 million the estimated coet of completing a tunnel through the park The fonts which cannot be used for any other project could be appropriated by Congress for alternate projects which could include a commuter rail line and widening 1-240 South Gev Lamar Alexander submitted the re Education Panel Defers HUNTINGDON Thul After two yam in prison a legal technicality brought Andy Dizoo hack to circuit court Friday And for a second time wmb -all 7 mwy DMWMII 11 nmdtinclhn the April 1971 Udnaping of Carroll County teenager Jodie Geinau DteonTi roeuergencu in CarroU County Orcuit Court also indicates that wealthy McKenzie furniture manufacturer Ben CelnM and his wife Ludie may face a second trial which could focus public attention on the details of the fburdap ordeal in which their daughter at the time was held captive Those details were never fully disclosed after Dixon 25 his brother Doug Dixon 23 and David Michael Wilson 27 ewAjAMded guilty to the kidnaping in wrtaif (hr ueir guilty pleas the three were sentenced to prison terms ranging from 25 to 40 years with promises of parole eligibility But after serving two yean at Ft Pillow Prison Farm where he researched the law himself Andy Dixon discovered the plea bargaining agreement he had reached with state prosecutors had been ottered Illegally Special Circuit Judge Leonard Martin agreed that the state statute did not provide -parole eligibility for persons convicted of kidnaping and he overturned the 40-year conviction At his arraignment Friday Dixon was again placed under 5250400 bond after en There was immediate speculation that the round of plea bargaining between Dixon's court-appointed attorney Robert Radford of Huntingdon and Dist Atty Gen Johnny Williams A leaser sentence is considered by some to be more acceptable than thpoten-tial of an emotional highly publicised recounting of Miss Gaines' kidnaping Dixon's retrial is the latest chapter in a long saga involving the wealthy Gaines family beginning with Him Gaines' abduction from the Carroll lake Country Club on April 28 1971 Andy Dixon's reappearance in court could prove to be a calculated gamble if plea bargaining collapses and the case is put to trial A jury if it finds Dixon guilty could return him to the penitentiary for life and House Speaker Ned McWherter (D-Dresden) Accerding to a release from Alexander week with Goldschmidt and that approval could come before the change in administrations Press secretary John Parish said the governor is not concerned that the Reagan administration would reverse the decision but a new tranxporation secretary would need more time than Goldschmidt to review the project The request did not detail the alternate which are still being worked out state Memphis and Shelby County Alternate projects would have to satisfy die need for the M0 corridor and would have to be entirely capital expenditures Proficiency 'said he will cosponsor the legislation A surprised Leshiee then listened to the discussion of the mass resignations requested by McElrath and rose to tell the board he was particularly concerned about the resignation asked of Leeman saying he was a "good in the vocational education program and adding he and other lawmakers wouldn't stand for seeing the program "watered politically McElrath to whom it was obvious by that time the delay maneuver was in grave trouble quickly pointed out no endless postponement was being contemplated simply a year in which to evaluate results of tests administered not as a condition for graduation was then that McDade iqjoinad the discussion saying he had never gotten an answer to his question about possible advantages of a delay to Alexander's redaction fortunes and Lashlee again bore in on the members To Steer Ad the commission spurn requests from associations representing the state liquor retail- ers and wholesalers for a hearing that prob- ably would cause further delays in getting the price advertising ban before court Nashville liquor store owner Shirley Wise petitioned the ABC to allow the store to run advertisements with liquor prices in Nashville two dally newspapers under the ABC regulation Tennessee liquor stores may not advertise prices outside the store but the regulation has no effect on out-of-state liquor stores that advertise in Tennessee The three ABC commissioners Susan Simons of Nashville SW 'Sandy' Fry of Mem- (Continued from Page Al) ber of high school students eligible to vote in the 1982 gubernatorial race Though McDade cautioned he was making no accusations that was a clear refer ence to the fact Alexander is prted to seek redaction in 1982 and a suggestion his of rinwHiw Krfclng (be delay so as not to have a lot of disgruntled students who take the test and fail as well as embarrassed teachers school officials and parents going to file polls that year McElrath appeared to be taken aback Stern-faced he said he has no experience in the political arena and stressed his concern about having sufficient data on cutoff scores to be applied in testing But McDade persisted that the only reason he could see for long-planned testing would be to enable school systems to make their students "look He asserted there was a "hardcore little on the board that already had decided on delay and said tha board would be wasting its time on a matter that already had been resolved "in a closet procednft In view of the controversy that his new education commissioner had drawn at his initial outing the governor's news secretary John Parish was asked whether the governor would otter a response Parish did some checking and a couple of hours later said "Tm sure that the governor wouldn't have any comment about -a statement like McDade a firm supporter of proficiency testing denied the testing was in any way Humming io students said no one should be given a diploma if he cannot answer at least 70 per cent of the questions on the sixth-gradMevel test after being given several shots at the examination and tutor ing in between adjr had been resolved "in SErSfiws Haig Describes Threat Of Soviet Arms Growth said he agrees with Memphis officials that the "best solution'' to the 20-year controversy is to withdraw tha segment from the interstate system and request a transfer of the funds to other "After 20 years It is time to settle the Overton Park controversy once and for all" the letter said The request was forwarded two days after foe governor received a letter from Mayor Wyeth Chandler and after approval by the City Council and the Metropolitan Planning organization Goldschmidt had already given a tentative approval to withdrawing file segment alter meetings last summer with Alexander TtansporaUon Commissioner William Sen- The obvious willingness to approve the delay motion began to disintegrate fully when Representative Lashlee who sat in on the session mostly as an -observer was asked to speak He said he was disturbed to think tha panel would over aoBMUhlng that would merely whether a high school senior can pass a sixth-graiMevel test The lawmaker said he and Rep John Bragg (DMurfreesboro) chairman of the powerful House Finance Committee had discussed the suggestion of a year's delay themselves and were concerned "Why diml you need two years three years? Lashlee asked in some heat then told the members "If you're not willing to carry it (the program) out we will" Lashlee said Bragg already is drafting a Mil to require as alegislativa mandate a passing score on tha proficiency test as a requirement for graduation next year and ABC Expected NASHVILLE The director of the state Alcoholic Beverage Commission will reana-mend Jan 22 that the three ABC commissioners refose to rule on whether the ABC stitutionalorane tSat rouM spur the quickest court test of the ban Director Ebon Davis said in a proposed ruling that the lacks the an- tions is constitutional or unconstitutional And because file question is one for the courts to decide he also recommended that Mirror Headboard Saturday Door Meadows WfhHshavti CHROME CHAIRS 12 to Sell 10 Reg $5995 Complete This beautiful dresser with headboard and distinctive styling now half price Sanaom has said previously that one sticky problem that had not been worked out is who would pay the IS per cent local share to match the federal the city county or state If Congress approved the entire S300 million eventually me total k-' cal share would be S4S million fa the current federal budget about S7W million waa allocated for work on about billion worth of projects substituted for interstate highways throughout the nation The earliest any Memphis protects could receive funds would be in the federal budget which begins Oct 1 Completion of M0 through die perk was halted by a lawsuit filed oy Cttmens for-Overton Park and determinations by successive Transporation secretaries that the only environmentally sound way through the: park was a tunnel that was too expensive for state officials to contemplate Test Vote 1 think you ought to have the backbone to put it (the program) on the West Tennessee lawmaker said He stressed proficiency testing was the board idea in the first (dace even though the General Assembly had drawn flak from sane who don't care for the plan "What's to say next year you wait do it (delay) Lashlee asked "Why can't our sons and daughters read when they cone out (of high By then the entire meetlng was in disar- ray and a motion was made and approved on a 7-4 vote to hold everything between now and the board's Feb 6 meeting to afford time for board members to have a formal discussion of the controversy with the House and Senate education committees Later in the' corridor Lashlee said the board action in putting the entire matter on hold won't delay drafting of the bill to a force the testing program into operation To Court phis and Carl A Jones of Johnson City sought to repeal the price advertising ban last year but were stopped by the House and Senate Government Operations Commit- tees The committees have the power to ro-view changes in agency regulations In another liquor-law matter Chancellor Allen High of Nashville has backed the ABC refusal to allow a hotel happy hour in which guests would pay S2 for "all you can The ABC had contended the "all you can provisions could lead to violations of state law forbidding liquor licensees from giving liquor away All Stores JEWELRY CHESTS Reg $29-95 MERCHANDISE! (Continued from Page Al) i outside the Dirksen Senate Office sg shouted "Watergate wiretapt warhawk Haig" in opposition to the former four-star general NATO commander and White House chief of staff Baker said the nation can "UMfford to have the steward and spokesman of the president foreign policy held in abeyance while we reexamine past events that already have been exhaustively examined and about which there is a voluminous public record i way the rtnga can "significantly affect" the ability of the Reagan administration to conduct the nation foreign policy Hearings are to resume today and likely will continue through at least next Ifenday Negotiators are to present the committee this morning with a list of the uments that documents that can be secured them possibly through subpena Regarding foreign policy Haig took a tough stance in response to a question from Baker saying that while peace is his god "There are things Americans must be willing to fight He said that while he did not advocate "flirting with the desirability of getting into a nuclear conflict my experience in the international community suggests to me that our deterrent achieves Its credibility by the perception of our willingness to da whatever is necessary to protect our vital interests if they are challenged "And that must include the arsenal of nuclear weapons that we maintain at such greet cost Pell later cross-examined Haig in an attempt to learn if Haig was not being too quid to actions that might lead to nuclear war and Baker asked Haig If of nuclear war ought to be the cornerstone to build 1)1 foreign policy This Special Clearance Bedroom Suite is Half Price! This is Only One of the Many Great Savings Now at Award Winner Alvin Weinberg of Oak Ridge Tens holds the federal DepertsMnt of Energy Enrico Fermi Award presented to him Thursday in Washington Weinberg director of the Institute for Energy Analysis of the Oak Udge Associated Universities received the award tor "pioneering contributions to reactor theory design and systems" Haig said that foundation could "bring about the very disruption of the objective Haig said there are "worse war adding "There are things that we Americans must be willing to fight for This country was spawned by armedconflict for the freedoms and liberties we enjoy today We must understand that We must structure our policy under that credible and justifiable premise" Baker who agreed with Haig thci asked Haig recommended reducing global ment through negotiations wil 1th tha Soviets and Important Haig an-nestion from Sed believe this is an ui task for American dip sweted In response to a Alan Cranston (DCalif) he waned against making such efforts an end in itself "I have always believed that we acquire viet Union in arms control only when they perceive the alternative facing them is the willingness on the part of the United States to match or better what they are willing to he said He also said his new job would cost him between S8 million and S10 million in financial compensation he would have received with United Technologies In Hertford CL of which he ispreeident and chief operating officer over the next four years gen Nancy Kassenbaum (R-Kan) was typical of Republican members of the panel pressing for early confirmation She warned that questions and answers by the committee will be given the "closest scrutiny" by a global audience and will effect Reagan en-tire foreign policy the next four yean But Peu and Sen Joseph Biden Jr (D-DeL) said the committee should do all It can to explore Haig background Pell told the committee that Democrats have not been able to get the kind of answers they need to nit a "considered judgment on Haig constituents while Jones will have to give up 69407 and Beerd will have to surrender nearly 149000 Precisely how this will be achieved will be up to the Tennessee legislature However Jones has Indicated to Ford he would be willing to yield a part though not all of his Shelby county constituency to help make up the deficiency in Ford district Font may also be interested in gaining from Beard the changing Whitehaven area But Beard is not expected to freely surrender any large portion of his Shelter county constituency In his last contested race in 1978 Beard received sure than 80 per cent of the vote in his Shelby County precincts Suspect Sent For Test By A SMI UapwM MARION A Memphis man charge with capital felony murder in the shootin death of an Arkansas State Police sergeant will be sent to Little Rock for a second mental evaluation before he comes to trial later this year Circuit Judge Gerald Brown approved a request Deputy Public Defender Ken Cook for a psychiatric examination at the 1 state hospital for Clay Anthony Ford 21 The evalution could take as long as 30 dim am most likely will delay Fora trial which had been tentatively scheduled for next month Ford who could face the death penalty if he Is convicted waa charged in the Sept slaying of State Police SgL Glen Bat ley of West Memphis Holley Cuts 268 More PARIS Tun The Holley Carburetor Shelby Population Grows As 8th District Shows Loss Suite Reg $119995 bedroom suite In warm glowing oak finish includes the 9-drawer vertical mirror 5-drawer chest full or queen size spindle 2-drawer night stand You will appreciate the quality and of this fine furniture grouping A fine addition to your home for special clearance sale! Pram 1M Cimmirde aaSMl WASHINGTON Shelby County has grown In the central northwest northeast and aoutheast sections and lost population in other parts of the county census reports on congressional districts show Losses have been concentrated in the Eighth Congressional District represented by Democratic Rep Harold Ford which dropped from a 1970 population of 511004 to apreuminary census of41k082 In 1980 aloes of 94J22 Gains were recorded in each of the two other congressional districts in' Shelby county The Sixth District represented by Republican Rep Robin Beard recorded a population increase in its Shelby county portion from 99991 In 1970 to a preliminary count of 175429 in 1980 The Shelby county portion of the Seventh District represented by Democratic Rep Ed Jones did almost as well It grow from 109416 in 1970 to a preliminary count of 178912 in 1900 a gain Of 69796 With final figures giving Tennessee a 1980 population of 4490750 each of the nine coo- greseional districts allotted to the state will have to have a population of about S10400 Thua Ford will need nearly 92400 more Corrections Amplifications A quote from Southwestern Herb Hilge-lan in yesterday sports pages incorrectly lid the school tuition would be increased i 57000 next semester According to a official the tuition will be 14400 SALE PRICE 9-Drawer Dresser with 5-Drawer Cheat 2-Drawer Night Stand Full or Queen Spindle Lairclwood BENTWOOD CHOIRS 30 to Sell 33 Reg $6995 Fox 10 Reg Duster Specials! Raleigh WHITE KIETAL ETAGERES 12 to Sell 33 Reg $8995 Dowatowa TREASURE CHESTS 30 Reg $8995 TRUNKS to Sell 33 $6995 SAVE 25 TO 50 NO ON SELECTED CLEARANCE the Havtrfy't ceanaieot DOWNTOWN Rtvohnng Charge Pkm or 1578 Main St Shop Dally TH 6 Cked Sundays Phone 526-5906 FOX MEADOWS 3680 Mendenhall Rd Shop Week Nights TH 9 Saturday tU 6 Phone 794-9752 RALEIGH 3329 Austin PeayHwy Shop Week Nights 18 9 Shop Week Nights TU 9 Shop Week Nights TH 9 1 Saturday rTH 6 Saturday TM 6 Saturday 6 Phone 396-9496 Phone 767-9481 Phone 388-94 11 nte Commercial Apped tries to correct TfrBll diDjfaformttioa appearing in newt Sutdown announced Fridaythat26l more articles Tsaf it tbs purpose of this column To report any error or seed for elerUke-ttoapleso cell S29-X90 Division of Colt Industries me which re employes have been laid off indefinitely due to poor economic conditions in the auto-motive industry.