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INSIDE- E.ditorial 4 For Women 6 Sports 7-8 Amusements 9 Womics -- 10 Classified 11-13 llSlh YEAR-NUMBER 25 Jlorthtoest The Public Interest Is The First Concern Of This Newspaper FAYETTEV1UE, ARKANSAS, TUESDAY, JUIY 9, 1974 tOCAt FORECAST; Partly cloudy warm and humid with a slight chance of thundcrshowers througn Wednesday. Overnight low ^5. Lows tonjght upper 60s to low. 70s. Highs Wednesday in the low to mid 90s. Sunset today 8:36; sunrise Wednesday 6:08. Weather map on page 3. , PAGES-TEN CENTS Court Deliberations Begin On Claim Of Executive Privilege Court Gets Brief Supporting Claims Against The City CHECKING THE DAMAGE . . . Sgts. Bill Brooks, Bud Dennis and Fayetteville Police Chief Hollis Spencer inspect site of explosion. . " . . . ' Evelyn Hills Supermarket Hit By Explosion An explosion shortly after 11 p.m. Monday night blew a two- foot square hole in an outer wall at the IGA. Supermarket in the Evelyn Hills Shopping Center. An airccnditioning and refrigeration unit and two electrical boxes were also damaged by the blast, ' ' Fayetteville police said an explosive device, believed to have been a dynamite charge, was placed.in the corner of a Utility room and the store. The utility room, which is connected to the store, is located on the south side of Ihe building. Two wires, of the same, type as those used in detonation devices, were found leading from the scene of the blast to an access road which runs behind the shopping center. Police said a battery was apparently used to detonate the explosion. NO BREAK-IN Police have ruled out the possibility of an attempted break-in at the store, due,, to the fact that such a blast woulc definitely draw the attention of police. Â· Sgt. Â· Bob Jones reported the blast at about 11:08 p.m. after hearing the explosion while a Budget Panel Session Ends LITTLE ROCK (AP) -- Th legislative Joint Budget Com mittee wrapped up its specia session work today projectin that when the General Assem bly adjourns it will have spen $25,399,134 in new money tha will be continuing expenses. The committee recommende that this amount be spent. The total of this figure come from general revenues for coi tinuing programs and does no include any money cor from the state surplus. Money being spent from th ' surplus is for one-time only e penscs such as bonuses an construction projects at th state's colleges and unive sities. The $25.4 million would appropriated to Category C the state's Revenue Stabiliza tion Act. Full, funding is considere likely, however, and parti funding would begin imm diately on the enactment of th legislation. P a r t i a l funding mean agencies receiving this mom may spend only the part a thorized by the Department Finance and Administrate When all the money becom available full spending autho ity would be given by Ihe c parfcment. home on Jackson Drive. i out four minutes later trolman Don Bayles reported at he believed the explosion d occurred at the shopping nter. Patrolmen Joe Hutchens and Steve Hamilton were dispatched to the scene and discovered the damage. The: quantity of dynamite used has not yet been determined. Prisoner In Jail Escapes At Springdale SPRINGDALE -- A n . all oints bulletin has been issued r Berry Lee Fox. 24, who ushed through the ceiling and oof and escaped from the pringdale city jail here late !onday or early today. Fox, of Springdale, was waiting trial on charges of ossessibn of stolen property, e was arrested June 3 at the heritage Inn in an incident nvolving drugs and other goods lolen f r o m ' a n Indiana Â· drug tore. Being held on $10,000 ond,.Fox was due to be trans erred today to the Washington bounty Jail. Last seen by police at 11 p.rn Monday, Fox was not dis overed. missing until between :30 a.m. and 7 a.m. today vhen he did not appear for Dreakfast. Fox, who had been in a maxi mum security cell until abou a week a"go, was transferret nto rnen's barracks section o he jail after police ascertainei rom his previous record tha e .was not an,escape risk. IN SHOWER ROOM According to Chief of Police Joe Sims, Fox pushed back a part of the metal ceiling in th shower room to enter the three oot : high attic. Sims noted that the barracks ceiling is made of light-weigh metal and is only snotwelde. down. Once in the attic. B'o: believed to have used proom handle to pry a hole i ;he tar paper roof. The broon s normally stored in the men' aarracks. T h e , f i v e other prisoners i the men's barracks at the tim Fox escaped will be questione today, Sims said. In the warrant issued for h felony escape, Fox is describe as being 5 feet 11 inches tal with medium length brown ha and very long sideburns and mustache, and of stocky buil at 185 pounds. He is believed to be wearin blue jeans and a light pullove shirt. SHOWERS STAY IN FORECAST THE ASSOCIATED PRESS The chance Ihundershowers of scattered remains in the Arkansas weather picture. T h e National Weather Service says the precipitation will be scattered and will be more numerous in southern and eastern portions of the state. The thundershowers will occur mainly in the afternoon and .evening through Wednesday. T h e extended outlook Thursday through Saturday calls for a chance of showers Saturday. Otherwise, little or no rain is expected during the Claiming that the city of Fay- etleville has placed itself above the wishes of the 'people, the plaintiffs who filed suit against the city last November have issued their brief' to support their' charges in Washington Chancery Court. The trial of the case closed June 27 in Chancery Court, leaving each side in the case 10 days'to file a brief with the court, summarizing their arguments and reviewing the three days .of testimony. Chancellor Warren Kimbrough of the Fort Smith.area heard the case. After reviewing the issues raised in the case, the attorneys for the plaintiffs.conclude that "Â·The government' of the; city of Fayetteville is not unlike thai of the national government. I seems to have placed itsel above the wishes of the people and has dictated to the people what they shall have regardless of their desires. This being a county of "liberty by laws," i is respectfully submitted tha this Court not .only has the power but also the duty to order period. Warm continue. temperatures will Franco Said Hospitalized MADRID (AP) -- Gen, Francisco Franco, 81 and strong man of Spain for 35 years, was lospitalized today suffering rom phlebitis in his right leg, his household staff reported. Sources close to El Pardo 'alace, Franco's residence, said he Spanish leader was hospi- .alized "because by so doing he eels more rested and doctors are handy at any time." They added his condition was not grave, "though he is suffering acute pain." Phlebitis, or inflammation of .he veins, is the same ailment that struck President Nixon ast month. When accompanied ay formation of a clot, as in Mixon's case, it is called throm- bophlebitis. The sources said Franco's successor as king of Spain, Prince Juan Carlos de Borbon, was informed immediately. T h e 36-year-old prince, named successor to Franco in 1969, would become king of Spain upon Franco's death or if he were incapacitated. Franco spent a week's vacation in northern Spain in early June. He spent most of the time fishing, and doctors said at the time his health was very good. the city of Fayetteville comply with the democratii system, to abide by the Consti tufion and laws of this stati and to protect citizens from illegal-acts,'to include unconsti tutional exaction of money in the guise of taxes.' 1 ; THREE CHARGES The, brief concerns thre charges: illegal taxation of fiy mills,:(what the,city refers t as the voluntary tax); the us of water and sewer revenu funds for non-water- and sewe purposes; and the lending i city credit and general financi mismanagement. The plaintiffs argue with th city's designation of the fiv mills as a voluntary tax. "I order,for a citizen to pay volun tarily, he must know that h is paying something,he is nc required to pay," according the brief. The defendants intr duced no evidence to show th citizens knew the tax wa voluntary, the plaintiffs say. If, however, all citizens pa voluntarily, the City shou have no fear of a court appointed referee, since, th plaintiffs argue, those who pa voluntarily will not : ~.see refunds. The plaintiffs ask the cou to enjoin the city from fu'tu levy of the five mill tax; an to appoint Circuit Clerk Aim Kollmeyer referee for refund ad valorem laxes. atutes to fund other city nctions. Tlie brief asks that the Court d these practices, as well as tting a halt to city ordinances 65 and 1966, which involve the nside the city" and the (CONTINtTED ON PAGE TWO) The plaintiffs have furth claimed that the city has fail to maintain a proper reserve For its water and sewer funds and that those funds were, used n violation of ordinances and State Senate Approves Pay Raise Bill LITTLE ROCK (AP) -- The rkansas Senate approved louse-passed bill Monday to rovide flat $425 raises to 12,500 tate employes. When the House concurs in a minor technical amendment he plan will have receivec omplete legislative ' endorsement. However, Gov. Dale Bumpers loesn't like the plan, but he ha. aid he won't decide whether o veto the bill until it's on his esk. Bumpers has attempted a eries of compromise proposal o avoid across-the-board sala y increases, but has founc ttle legislative sympathy. The legislature appearei Monday to be determined, t' nd the current special legisla ice session this week, forcing Jumpers to take the Â£42 across-the hoard or nothing a all. Sen. Eugene "Bud" Canad: of Hot Springs tried Monday t jet the Senate to accept the la est Bumpers attempt at com promise. Â·4-4 PLAN He proposed a 4-4 per cen plan with a floor'of $400 and ceiling of $800. The Senate n fused to adopt the amendmen on its copy of the pay plan b and voted instead, to provid the same $425 .flat increase th had been contained in tl House bill approved by the Se ate earlier. Several other Bumpers' plan Monday appeared likely to fa" They .included his request f $268 average salary increase for school teachers, his reque for $50,000 to be' used by th Environmental Preservatii Commission to take options o possible preservation land ai his desire to delay consider tion of increases in benefits f retired employes of the sta nd public school teachers. The House raised the teacln CONTINUED ON P 4GE TWO: Begin Prison Terms LEAVENWORTH, Kan. (AP) -- A former Oklahoma prosecutor, his assistant and three other men began terms in ^.the federal prison here Monday for a prostitution and gambling conspiracy in northeastern Oklahoma two years ago. They were convicted in 1972 of conspiring to bring gambling and prostitution to the Grant Lake resort area near Grove, South Of Smackover Oil Tank Fire Under Control SMACKOVER, Ark. (AP) -An oil tank fire, which caused an estimated $2 million in property damage, was under control here Monday night but still burning. Fire Chief William Alspaugh of Smackover, a veteran fireman of 35 years, said it was the worst fire he had ever fought. "When she blew today, it was just like a volcano. She covered probably half a mile --square -- the oil and the blaze, that is." Several residents of the Sandyland community south of here found themselves running when the tank erupted Monday afternoon. However, no serious injury was reported. Â·Â· "They all ran like hell," one spectator said. "Some of the firemen like to have .got caught. Burning around them." . oil . was all Another witness said, "Ifwas a stampede. Flames were 500 'eel in the air. It was very hard lo breathe for a few minutes." The fire broke out Sunday night when lightning apparently struck a 65,000-barreI tank of crude oil. Authorities first thought the fire would burn itself out, but Monday afternoon the tank erupted, pouring several thousand barrels of oil over the top of the tank. "She belched at 11:30, and about an hour later here it came," a fireman said. Alspaugh said the tank ruptured about 12:45 p.m., "ami when it did, the oil came over the firewall, which was prob ably eight feet high, and then it just sped across the country. It'5 just gel.so hot that it'd boil over. It was just everybody working together that jus! saved the day for us." A newsman on the scene sak that when the dike around the mge tank broke, the oil began lowing into Holmes Creek. A hree-inch layer of oil reportedly covered the creek. Oil also lowed uphill in the direction of Arkansas 7, some 200 yards away. Reports varied, but flames apparently shot from 150 to 300 eet into the air at one point: Dnce the blaze could be seen 12 miles away at El Dorado. The fire destroyed three 1,- OOD-barrel tanks, two 210-barrel :anks, two pump houses, a ;ruck repair shop, a heavy equipment repair shop, several automobiles and a brick home estimated to be worth $30,000. As the oil continued to flow downhill past the brick home, it found a gooey resting place in a five-acre fish pond. Witnesses said the oil was about four inches deep all over the pone and six to eight inches deep ir some places. Some of the flowing oil weni around the pond and through a spillway leading lo Holmes 'reek. A bulldozer was usec ater to close the spillway keeping more oil from flowing into the creek. A dirt levee had been buil with a bulldozer to protect an other 55,000-barrel lank abpu 100 yards east of the burning tank. Oil flowed up the leve Monday afternoon, but wa foamed and did not go over th top. Several firemen suffered mi nor injuries from smoke inhala tion. One fireman was hit o the head by a falling tree, bu was back fighting the blaze few minutes later. Arkansas 7 was closed t traffic Monday and power wa cut off in Smackover and bus inesses were closed. -- AP Wlreohoto REFLECTIONS OF -DEFEAT . . . Stanjield, 'left, and wife and daughter, watch, election returns in Halifax, N.S. with Mike Forrestal, a former Conservative defense critic. Liberals Win Solid Majority In Canadian House Election TORONTO (AP) -- Canadian rotei-s swept Prime Minister re Elliott Trudeau's ruling ,iheral Party back into; power i a smashing victory that gave lim a solid majority in the louse of Commons and the rospeet of five more-years in he office he has held since April 1968. Complete, returns from Monday's general election gave the .iberals 140 of the 264 seats in ommons, a majority of 16. 1'his represented a. gain of 31 seats over their showing in the 1972 election. The other three parties lost ground badly. R o b c r t Ports Shelled By THE ASSOCIATED PRESS The Israeli navy shelled three ports in southern Lebanon sinking more than a score of fishing boats in retaliation for the Palestinian guerrilla raid by sea two weeks ago on Naha riya. The Israeli military com mand said it had "numerous in dicalions" that the terrorists were preparing more seaborne attacks. The command said it; raid on the ports was intendet to "disrupt the preparation and warn against the use o these- harbors" by the guer rillas. "l r 11Â¥inri?ir IT? i- NEWS BRIEFS tanfield's Progressive Cou- ervatives won 95 seats, a loss f 17. The New Democrats ropped from 31 to 16, and par- y. leader David Lewis lost his wn seat in Parliament. The Social . Credit Party dropped rom 15 seats to 12, and. one in- lependent was elected.' ' It was a stunning comeback or the 54-year-old Trudeau.-He came within two seals of losing he government to Stanfield in 972, and only the support of ^ewis and the New Democrats enabled him lo hold on for 19 months at the head of a minor- ty government. Now he. can govern without the support of any other party. EARLY LEAD P o l l s t e r s a n d political analysts had predicted a tight race, hut the Liberals took an early lead in the Atlantic Mari- ;ime provinces and wrapped up the election in Ontario, the most populous province. "Â· Inflation, now at nearly 11 per cent, was the big issue. Stanfield proposed a ,90-daj [reeze on wages and prices fol Includes Still Secret File On President WASHINGTON (AP) -- The Supreme Court has begun deliberations --based on 459 pages of briefs, three hours of oral argument and.. a Tile . including still secret material--on President Nixon's Watergate claim of executive .privilege. A lawyer for special Watergate prosecutor Leon Jaworski. ^hilip Lacpvara, ,asked the court in a historic hearing Monday - t o "explicitly, decisively ind definitively" uphold a low- ;r court order directing Nixon o produce records of G4 White 'louse conversations. But the President's attorney, James D. St. Clair, said the court "ought to stay its hand," at least until impeachment proceedings have run their course. 'n Congress.- , SI. .Clair also continued presenting witnesses in the [louse . Judiciary Committee's impeachment inquiry. St. Clair questioned , former Nixon reelection official Frederick C. LaRue in an effort to discredit charges that.Nixon approved a $75,000 payment to. Watergate burglar E. Howard Hunt Jr. Meanwhile, former Atty. Gen. John N. Mitchell reportedly agreed to undergo limited questioning by the committee on his role in approving the payment. The Judiciary Committee also planned to release today its Â· transcripts 6F eight presidential conversations with an analysis of how. its versions d:f- lowed by 18 months of. flexible ,, . unotrbidni TM,,lrr,l= T r ,,,l n! ,.i nrxiinrt th n H P o t t e r Stewart. fer from those released by the White House. 'And in the plumbers trial, John D. Ehrlichman testified he had no idea an illegal burglary was planned when he approved a covert operation to examine Daniel Ellsberg's psychiatric file. NO INDICATIONS . Â· After its '180-minute' hearing, the Supreme Court adjourned with no indication of when it will reach a decision. . There was only one reference. the hearing :to the, secret- part of the record that the' court has hefore it. , .".. Jaworski, arguing that the Watergate grand jury had the authority to name the President an unindicted co-conspirator in the Watergate cover-up, said the question is important because "it does relate to (he relevance of the proof that we are seeking." "And this gets into, of course, a discussion of-matters that are sealed and which I cannot discuss with the court," Jaworski said. "I understand," said Justice controls. T controls 'rudeau argued that! didn't work in the The sealed material includes Order Issued The Arkansas State Highway Department has issued an order or the resurfacing of Hwy. 265 rom Strickler to Moffit in Washington County. According to information received by County Jucfge Vol ,ester, the seven-mile stretch vill be reworked to provide a imoother surface for traffic, at i cost of $111,000. Posroffice Break-In Washington Coun!v officers are investigating thu morning break-in at the post office and store in Wheeler. Mrs. Ada Hudson told Wash- ngton County deputy sheriffs the store had been burglarizec ,vhen she arrived this morning. Reach Agreement BONN, Germany (AP) -French President Valery Gis card d'Estaing and Chancelloi Helmut Schmidt achieved far reaching agreement on the ail ing Common Market's future course in their lirst forma summit as government leaders a spokesman reported today. Bonn government spokesman Klaus Boelling told newsmei after a final session wrapping up the two-day conference tha both sides agreed to push for joint European anti-inflalio program to counter payment, deficits and soaring prices bur dening most member state after massive oil price rises. Enter Pleas Two men accused in the rmed robbery of a Springdale nan Sunday pleaded innocent londay in Washington Circuit ~ourt. Roe Harold Lance, 35, Dexter, lo., and Randall Todd Reglin, 3, Spring Lake, Mich., were rrested Sunday morning in ihicoln. Charges filed Monday ccuse them of robbing Deri lowerton, 710 Pleasant St.. of 200 in currency and jewelry. Trial for the two was set for 'uly 29. Both are being held m $20,000 bond. Charge Dismissed WASHINGTON (AP) -One of the three perjury counts against Lt. Gov. Ed Rcinecke of California was dismissed today by U.S. District Judge Barrington D. Parker. Reinecke is scheduled to go on trial on the other counts July 15. Urged To Consider WASHINGTON (AP) -- Two defendants in the Watergate cover-up trial asked the Supreme Court today to disqualify U.S. District Judge John J. Si rica from presiding. Former Atty. Gen. John N. Mitchell and Kenneth W. Park inson, a former official of Pros ident Nixon's 1972 re-election campaign, urged the court to consider the question on an expedited basis. United Slates or Britain and wouldn't work in Canada. He said the issue was who could best lead Canada. In a low-key victory statement, Trudeau said Canada had elected a strong government in an uncertain world. "Canada has come out of this election strong and confident in its future," he deolfl'-ed. "I'm verv anxious to get on with the . , -, , Â° job. While the Liberals swept the East, the Conservatives maintained their strcngh in the West, and Trudeau said he regretted this geographical division. He renewed his pledge that federal policies will be applied fairly in the West. The Liberals have controlled the government since 1963, and this was the third Conservative defeat since Stanfield became party leader. There was widespread speculation that the party would replace him, but he refused to discuss his future. rguments presented before U.S. District Judge John J. Si- ica . on the President's motion o quash the subpoena for the apes and documents. The briefs in the case include 97 pages from St. Clair, -235 rom Jaworski and 27 in a brief W the American Civil Liberties Jnion, which the court agreed Monday to consider. The ACLU (CONTINUED ON PAGE TWO) Plead Innocent Paul Dickinson, 16, Springdale, Richard Allen Helvey, 16, Route 6. Huntsville, and Jimmy Howard, 17, Springdale, pleaded innocent Monday in Washington Circuit Court to charges of burglary and grand larceny. They are charged in connection with a break-in at the Speedway Store on Mission Ave. over the weekend. Trial was set for Aug. 30 and bond was set, at $2,500 each. Voluntary Restraints Sought As Means To Curb Inflation WASHINGTON (AP) -- President Nixon and his fop economic advisers arc looking toward voluntary restraints as a means of curbing inflation without tax increases or new wage- price controls. Aides say the President is de termined to seek voluntary re straints by the federal govern ment and the public sector to ; battle inflation, which he con " siders the nation's No, 1 prob " lem. ' Nixon planned to devote much of today to a thorough re view of the entire economic sit ' uation with his economic ad neth Rush, chairman of the Council of Economic Advisers Herbert Stein, Federal Reserve Board Chairman Arthur Burns and director of the Office of Management and Budget Roy L. Ash. White House spokesman Gerald L. Warren disclosed Monday that Rush already has cm* barked on a campaign of jaw boning sessions with reprcscn tatives of industry, labor am consumer groups to appeal foi voluntary restraint. Warren said. Nixon is pur suing "with great deldrmina tion" 8 program of restraint if federal spending and rcducin; the budget wherever possible. Summoned to a morning scs- lives it is necessary lo edu- sion at the White House with cato the American people to the President were Treasury Ihe need for restraint in all scg- Secrelary William E. Simon, ments of the economy to hold chief economic counselor Ken-i down inflation.