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Kth'ubUC CITY 19 THE B ° ARIZONA REPUBLIC Tuesday, Nov. 4, 1969 Paul Dean Hair gels in problems of young fair director JACK POE is the most junior, unofficial-looking senior official at the Arizona State Fair. He attends press luncheons in lemon-bright Edwardian coats with wild scarves. His daily duds are b e 11- bottom pants with a buca- neer - bro'ad belt, side- z i p p e r e d boots, and a six - button, nip - waisted jacket. For Dean alt occasions, the style and length of his hair is a cross between Jeanne d'Arc and St. Francis of Assisi. But he happens to be listed on the executive roster of the Arizona Coliseum and Exposition Center Board. And by an estimated two decades, Jack Poe, 25, is the youngest special events director in the history of Arizona and American state fairs. Since June, Poe has been the fair's operations officer, time- scheduling everything from the 4-H bicycle rodeo and the Valley Homemakers' cinnamon cider demonstration to the Bobby Gentry and Lawrence Welk shows in the big coliseum. He is handling 26,000 participants in 7,500 exhibits, organizing presentation of 11,000 individual awards and attempting to be in 97 places at once while shoving 15,000 people out, then tugging a fresh 15,000 persons into the coliseum during a rigid 30-minute break between headline shows. • And as he battles those problems, he's fighting attitudes and accusations about his long hair and dress. Three times, disbelieving coliseum security guards have ordered him out of "the building and three times Poe has had to rip the "Special Events Director" sticker from his car windshield to convince police he isn't a gate-crashing hippie. He was introduced, without malice, as "fruitcake" to an official fair luncheon. Before a public meeting of the coliseum •board, the chairman wondered aloud about getting him a haircut. "But it doesn't bug me," smiled Poe, who has spent the last six years bouncing between Phoenix, Los Angeles, San Francisco, New York and Chicago as a member of the once-pure folk, now folk-rock, group — the Galahads. "I've been in the production, writing and performing end of show business for the past 10 years . . . and my hair and dress is just a professional uniform, like your white shirt and tie," he added. Inside that high, turtle-neck sweater of his, young Jack, short as a small beanstalk, has values that slay the gigantic image of the swaggering, stubborn mod clods. He is married and drives a new Toronado. His views on marijuana are unformed because the facts aren't all in. And he won't opine about the Vietnam war, "because I just don't know enough about it." Poe, a graduate of Phoenix College slowly turning toward a career as a satirical writer, sees himself as "part 50s, part 60s ... I like the Beatles but can still hang on to the backside of the 50s, Eisenhower and the t>ig bands," So with this he flits from one side of the generation gap to the other, working alongside the establishment but still relating to the younger, moving set. And in two seasons as special events director at the fair he has left nothing but good impressions with Pick Smith, the balding, gruff- tongued chairman of the coliseum board. • "Poe looks a little odd, but he gets one hell of a job done," commented Smith. "We wouldn't have him here if he didn't." Smith, incidentally was the man who publicly asked Poe to get a haircut. "He turned around, looked at me and said, 'I'll get a haircut when yours starts growing back in'," grinned Smith, "He wanted to applpgize... but I said 'no'. I reckon it I dish it out, J'd better be able to take it." Witnesses label state tax unfair to railroad lines Republic Photo by Walt Johnwn Hopi Indian dancers perform butterfly dance for state fair audience ; ' : Housing bar at state fair angers Hopis By JACK CROWE Hopi Indian dancers were hopping mad yesterday .at Arizona State Fair officials for evicting them from promised fairground quarters for the lO^day ' fair. David Talawepkema, 98-year-old lead? er of the six-member dance troupe from Second Mesa on the Hopi Reservation, said fair officials spoke deceitfully when they assured him his people would be. housed on the fairground. Instead, Talawepkema said, hasty arrangements were made late Friday for: his troupe-to stay at state expense in a motel 2% miles away at 2214 W. Buckeye Road. He said this occurred after he and the dancers were ousted unceremoniously together with their baggage from a fairground building, so that the building could continue to be used as a nursery. ' . , .-'...The Indian dancers slept in the building 'Thursday, 'the day. before the fair opened. . Dancer Ernest Naquayouma added that the motel accommodations were proffered as a substitute for the nursery quarters after the Indians refused to be housed in a truck, van on the fairground. . "They wanted us to stay in a van," said Naquayouma indignantly. "I protested that there was no ventilation in the van. I told them it was against health regulations. 'That's for animals,' I said. "That's not for human beings.' " Tom Fitzwater, head of Indian affairs" for the fair, admitted the dancers had been ousted from the nursery building after having been told they could stay there. He said it was all caused by a misunderstanding among fair officials. \ Talawepkema said his dancers were so upset by the fairground eviction incident that they refused to dance on fair opening day Friday. r "If they treat us like this again, we • \yon't come back," vowed Talawepke- ma. ; •' By way of making a comparison, -Na' quayouma commented: "When we go to the Heard Museum, they take good care of us." He explained museum officials adequately house and feed them. "If they want to keep the Indians at the fair, they^ ought to set up a permanent village 1 ," 'declared Naquayouma. Railroads yesterday began Maricopa County Superior Court testi mony that the Arizona property tax law is unconstitutional because it gives most other properties a better break. State's attorneys retorted, in Judge William Gooding's division of the court, that Arizona does not treat railroads badly in relation to other states when total taxes including those on sales and income are considered along with property tax. But attorneys for the Southern Pacific Co. and Santa Fe Railway contended that the Arizona property tax law is an unconstitutional burden on interstate commerce and an unconstitutional denial of equal protection for all. Seeking $6 million in Arizona tax refunds, the railroad lawyers called witnesses who asserted: —Arizona collects more property lax from railroads than do some other states where the railroads have more trackage and realize more income. —In taxing railroad property on 60 per cent of its full value, while competing trucks and pipelines are assessed at 24.69 and 40 per cent, respectively, the Arizona law violates the principle of neutrality among competitors. —Arizona's 60 per cent railroad assessments also disregard ability to pay The Indians once had a permanent vil- taxes> smce ra iiroad investors realize lage west of the Coliseum. However, the only about half the rate of return enjoy- village and a scenic lake at the site ed by other industries assessed for less, were torn down and filled in by fair officials last year. Officials contended the Indian huts were being used for love-ins by teenagers and the lake was polluted by leftover food items thrown into it by careless fairgoers. Dick Smith, chairman of the Coliseum and Exposition Center board, also commented at the time that the Indians were going to have to face up to the fact that "they are no longer such a big attraction." This year's fair boasts an "Indian Village" of sorts just inside the McDowell Street,gate on each side of the Ave- Continued on Page 20 By BILL KING offering but paid 20 per cent of its total properly It was Oliver A. Thomas, SP tax corn- missioner from San Francisco, who testified that his firm has about 10 per cent of its trackage and 10 per cent of its revenue-producing potential in Arizona taxes to this state. Under questioning by SP attorney Joseph S. Jenckes Jr., Thomas said SP's 1968 Arizona properly taxes of nearly $5 million took 35 per cent of the railroad's net Arizona income before taxes. This left a net after taxes of only $6 million from SP's Arizona operations, said Thomas. Cross-examining Thomas, the stale's special counsel, Robert 0. Lesher, noted that SP has 3.9 times more property in California than in Arizona. And California's total lax collections from the SP amount to more than 3.9 times the tolal collections by Arizona from the SP, when sales and income taxes are added to property taxes, added Lesher in defense of the Arizona property tax law. The law assesses mines as well as railroads at GO per cent of their worth, utilities at 40 per cent, commercial property at 25 per cent, and homes and agricultural property at 18 per cent. These percentages conflict with the "principle of neutrality among competitors," testified R. L. Banks, Washington, D.C., economist, when called by Sanla Fe attorney P. E. Von Ammon. It was also Banks' testimony that the rate of return to railroads makes them less able to pay than truckers, for example, whose 1968 Arizona vehicle taxes were equivalent to a 24.69 per cent property assessment. He is expected to continue on the witness stand at 9:45 a.m. today when Gooding resumes hearing the railroad case against the Arizona tax law. Racing agency blamed for illegal dog track rules Today at the fair Admission—Adults, $1.50. Children, 50 'cents. Location—19th Avenue and McDowell. .Highlights—Pepsi-Day, Phoenix Suns Day, Indian' Day (Indians Free), Phoenix Indian School Day, Cochise, . . Gila, Navajo County Day. 9 a.m.—Cattle. Judging, Cattle Barn. Goat Judging, Goat Arena. 10 a.m.—Opening. Noon—Indian Dancers, Indian Village and Indian Arts Building. 1 p.m.—Lamb Cooking Demonstration, Home Economics Building. 3:30 p.m.—Fair Variety Show, Grandstand. 5:30 pjn.—Tacki the Clown Show, Exhibit Hall. 8 p.m.—Basketball: Suns vs. New York, Coliseum (free). 10 p.m.—Buildings close. Midnight—Midway closes. Legislators act to improve foster children?$ health A, wide range of possible medical health and hospitalization plans for foster home children was ordered' compiled for study yesterday by a legislative committee working on juvenile law reforms. The House Judiciary Committee's subcommittee on Juvenile, Institutions agreed unanimously that foster home children are not receiving adequate medical attention. . , Rep. Burton S. Barr, R-Maricbpa, said medical responsibility for foster children presently is in the hands of the counties who refer the children to .the county hospital facilities. Foster parents then are forced to take the child to the county facility, frequently waiting hours for service, or pay the costs out of their own pockets at private hospitals, he noted. "The foster child feels he, is a second-class citizen when, one child in the family is treated by the family physician and he has to go to the county hospital," .declared Alan M. Margolin, > director of family, and child services for the State Welfare Department. Dr. William Henry, chairman of the State Welfare Board, estimated that permitting foster parents to take 2,190 children to their own physicians would cost about $559,350 annually. • But he said this would not include hospitalization or dental work needed by an unknown number of children. Rep. Barr recommended that insurance companies be consulted and a number of ! alternate medical and hospitalization pla'ns be'brought back'to the committee for study. In other child welfare areas, the subcommittee discussed requiring private adoptions to be overseen by licensed child welfare agencies to make certain the children are placed in a proper environment. Under present law, the Juvenile Court is charged with this responsibility but the subcommittee's feeling was the court lacks the .personnel to do the job. , Glendale to need 1971 bond issue GLENDALE — Dr. Howard Roberts, superintendent of Glendale Union High School District, last night predicted that spiraling enrollment would necessitate a bond issue in the spring of of 1971. Moon Valley High School, Roberts said projections showed, will have 2,469 students for its 2,000 capacity in the 1971-72 school year, while Sunnyslope High is expected to have 1,832 students in 1971. The school has 1,800 capacity. Apollo High School, now under con- structiqn, would be at its 2,000-student capacity in three years and overcapacity the 1 next year, Roberts added. Roberts reported that builders have constructed IVfe times more homes in the district than anticipated. The board approved plans to construct 22 additional classrooms at Apollo High, 47th,Avenue and Northern, at a cost of $700,000, to be taken from the $5.5 million bond issue of October 1968. The Arizona Racing Commission was accused yesterday of allowing operators of the state's dog racing tracks to set up "illegal and anticompetitive" rules. Robert Jenkins, lawyer for the Arizona Greyhound Breeders Association, told the commission that; while its members might not be aware of the rules, their effect has been to stifle the breeding of racing greyhounds in Arizona. Walter Cheifetz, lawyer for the six dog tracks run by the Funk family and Emprise Corp. of Buffalo, N.Y., declined to answer the specific charges at this time. : He asked for future opportunity to refute what he called "undocumented, unverified" charges. The five-man commission, after a 2y2-hour discussion in a packed hearing room, declined Jenkins' request that it bring to an immediate stop the enforcement of certain rules and practices by the Funks as track operators. The Phoenix dog track is now running. But the commission set up a schedule under which the opposing interests will file written charges and responses, leading to a full hearing sometime in early December. Jenkins complained specifically of Funk rules which, he said: —Prohibit local kennels from transferring Arizona-bred dogs to anyone else; —Allow Funk stewards to suspend anyone for "derogatory remarks"; --Allow the Funks' director of racing By DON BOLLES to make final decisions on all grievances; —Prohibit kennels under contract with the Funks from racing any qualified dogs they wish to enter in races; and —Require Funk approval of all trainers. Deputy Atty. Gen. Terry Pierce, legal counsel to the commission, commented: "Mr. Jenkins has made a prima facie case that some of these (Funk) rules are highly questionable." (A prima facie case is one in which the evidence is sufficient to establish a verdict unless rebutted.) On the other hand, Pierce said, the Funks may adopt certain rules as long as they don't conflict with state law or commission orders, and he said they should have the opportunity to counter any allegations. Chairman John Goodman agreed, saying, "This is a most serious matter, and I think everyone should have an opportunity to present his case." Meanwhile, Jenkins declined to say if he will continue ,with a Superior Court suit which seeks to block the Funks from enforcing certain racing rules during the current meet. Cheifetz, seeking dismissal of that court suit last week, said the racing commission had to act first. Yesterday, he contended that the court should act before the racing commission could make a decision. Jenkins noted the lawyer's seeming re- Continued on Page 20 Mesa board elects to retain controversial textbook series By CINDY LINDSTEDT Kummerlowe fate hinges on defense contention Carl Kenneth Kummerlowe, 'accused of the dismemberment murder of his girl friend's husband, could go free today if;a judge agrees with the defense contention that the state has failed to prove where the slaying took place. Superior Court Judge Roger G. Strand said yesterday he will rule today on a motion to dismiss the first degree .murder charge against Kummerlowe, 42, His attorneys contend that the state has failed to prove, as' required by Arizona law,, where Harley. fCimbro, 46, was killed. ; The prosecution asserts jt has proved that'Kimbro was slain last April 30 in Room 104 of the Desert Rose Motor Hotel, 3424 E. Van Buren. KujnmerlQwe is, being trjed before Judge Strand without a jury and on agreed submission;of the,record of the preliminary hearing. It was at that hearing that Mrs. Mary Kimbro, 33, admitted she had a five • month long affair with Kummerlowe 'which, he tried to continue when she wanted to break it off. Parts of Kimbra's chopped-up body .were found in the rear of Kummer- 'lowe's pick-up truck camper when he was arrested last April. Yesterday, the accused man's attorneys presented, the last two of 23 witnesses who testified in his behalf. All of them told the court of his good reputation in the community. But the defense failed to offer a single witness to refute the prosecution's contention that Kum- merlowemurdered Kimbro. • •, ; ; * Closing arguments'will be opeiied at 9:30 a.m. today by the county attorney's office, followed by those of Rummer- lowe's attorneys. Judge Strand then will rule on the motion for a direct acquittal. If he grants it, Kummerlowe will go free. If he denies the motion, the judge then will, make the decision as to Kummerlowe's guilt or innocence. MESA — The Mesa 'Board of Education last night voted unanimously to retain a controversial textbook series, "New Directions in English," in the elementary schools. Critics charged three weeks ago that the books undermined patriotism, honesty and parental authority; defenders later said the texts were as harmless as the Bible. The five - member board reached its decision after holding public hearings and then talking privately with teachers using the books and to elementary school principals, board president Linn H. Sharp told the approximately 40 people who attended last night's board meeting. Incorporated in the decision to retain the books were stipulations that; —Periodic reports be made on the effectiveness of the books. —An advisory committee of local citizens be appointed by the board to aid members in future decisions on textbooks. —In the future, any book with "new" teaching methods be brought before the board for special consideration. Two board members, Dr. John K. Kerr and Donald Ellsworth, said that in talking to teachers using the books they had not encountered any who felt the texts should be replaced. "Three to one, the teachers I talked to said the book is the greatest we ever had," said Ellsworth. (luv);?, to be fond of; a strong affection for or attachment or devotion to a person or persons.