Northwest Arkansas Times from Fayetteville, Arkansas on July 25, 1974 · Page 1
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July 25, 1974

Northwest Arkansas Times from Fayetteville, Arkansas · Page 1

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Fayetteville, Arkansas
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Thursday, July 25, 1974
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INSIDE- For women 3 Editorial ..- 4 Sports .. ; ..v.. 6-8 Amusements 9 Comics ·. 18 Classified .... 3 19-21 115th YEAR-NUMBER 41 Jlortihtoegt The Public Interest Is The First Concern Of This Newspaper FAYETTEVIUE, ARKANSAS, THURSDAY, JULY 25, 1974 IOCAI FORECAST- Varlable cloudiness, w a r m and humid temperatures with scattered thunderstorms can be expected through Friday. Over-, night low was 68. Low tonight in the upper 60s to low 70s with' highs Friday in the low to mid 90s. Sunset today 8:28; sunris* Friday 6:19. Weather map on page 5. PAGES-TEN CENTS Fairness Called Overriding Factor Impeachment Debate Enters Second Day WASHINGTON (AP) -- The House Judiciary Committee resumed today its landmark de- hate on the impeachment of President Nixon, hearing first from a Republican who declared Nixon "is entitled to a presumption of innocence."' The assertion from Rep. Charles E. Wiggins of Califor- nia came despite Tuesday's claim from another GOP defender of the President that a committee decision against Nixon is assured. Wiggins has frequently been characterized as Nixon's most articulate defender on the committee, but he told the committee's second session of for- mal debate that "I wince" at that label because he believes simply that the case should be decided according to law. If fairness is not the overriding factor in the epic proceedings, said Wiggins, "we would be doing a greater violence to the Constitution than any misconduct alleged of Richard Nixon." Wiggins was the first of 27 committee members remaining to make opening statements in the debate on a proposed two- article recommendation of im ; peachment. If the committee approves impeachment in a vote ex- pected this weekend, then the tiill House of Representatives must decide whether to send the matter on to the Senate for trial.' Wiggins told his colleagues it was "not too late for me to challenge" whether they should sit in the proceeding it they have formed a preconceived no- . . - --AP Wirephoto DEBATE UNDERWAY ' , ' - ' . .. .Rodino banns gavel to start proceedings Terms For Delivery Of Nixon Tapes/ Papers Expected Woman Takes EMS Ambulance While Driver In Apartment An Emergency Medical Service ambulance taken from an apartment complex early today by a young woman was recovered 15 minutes later by city police. Police said the ambulance .was on private business and that neither the driyer, Steve Wood, nor EMS, wanted to press charges against Miss Carol Van Ness, 21, o£ 337% N. Gregg Ave., who was driving the vehicle-when it was stopped by a prowl car. A police spokesman said Wood notified police at 3:05 a.m. that the ambulance h a d been stolen from t h e Dclmar Apartments at the intersection of North · Street and North Gregg Avenue. Wood told officers t h a t he and his partner, Larry Kilgore, had taken the ambulance to the apartment building or. private business. Both are ambulance attendants. Sgt. J. O. Surles said police determined that' Wood had entered an apartment at the com plex and Kilgore had walket a short distance from the am bulance when he noticed it roll ing down an incline. Kilgore s a i d he first thought the vehicle w a s unoccupied, but then saw it abcellerate anc leave the parking area. At 3:20 a.m. Patrolman Blake Tune stopped the am bulance on West Maple Stree just east of Arkansas Avenue Tune said the vehicle was being driven by Miss Van Nell. Tom Broyles, 20, of 138 Razorback Road, was a passenger. ON IMPULSE Miss Van Ness told polici_ that she took the ambulance on impulse when her date would not take her home and, afte driving a few blocks, realized what she had done and pan icked. The woman said she went t Broyles' home to ask for ass is lance in returning the arnbu ance to Washington Regiona Medical Center. Police said th two were apparently en route t the hospital when they wer stopped by police. Miss Van Ness said she hat consumed "a couple" of beers but felt that this had nothin to do with her taking the ambu lance. Sergeant Surles s a i d Wood told police that EMS did no want to press charges agains Miss Van Ness. Later today Lon Estes, per sonnei manager of Washingto Regional Medical Center -- o which EMS is a part '-- sai it is not anticipated that th hospital will seek charge against Miss Van Ness. "Our employes will be sc Leads Tournament ASHDOWN, 'Ark. (AP) Kim Whitaker of Fort Smit had the lead entering the se end round today of the $20,00 Arkansas Invitational Bas Tournament. Whifaker's catch Wednesda weighed a total of 26 pounds, ounces. erely reprimanded," Estes aid. He said Wood has assured him that he had stopped nly long enough'- to pick up andwiches arid could not have een out of the ambulance long- r than two to three minues e returned in time to see the ambulance going off. Estes said that emergency overage was not affected by le incident and that three mbulances, one EMS attendan nd the nurses in the mergency Room were aval ible in case a call had come Court Strikes Down School Busing Plan WASHINGTON upreme Court (AP) - Th today strucl lown by a 5-4 vote, a con roversial desegregation plan sailing for busing pupils acros school district lines in t h e De roit area. The decision sent the cas iack to U.S. District Court )etroit, where the plan was ap roved two years ago by th ate Judge Steven J. Roth. Another judge will now con sider the matter. The Supreme Court said Rot rred in ordering a desej egation plan embracing hot Detroit and Its suburbs withou any evidence as to whether th uburban districts were segre gated. . . · The lower court was directe o formulate desegregation piai or the city itself. Chief Justice Warren E. Bui _jer, speaking for the cour said federal courts may not im ose multi-district desegrega .ion plans where there is n Binding that all the school dis tricts included had failed t operate integrated school sys WASHINGTON ( A P ) ' - Special Prosecutor Leon Jaworski as expected to meet with U.S. strict Judge John J. Sirica ,er today to set terms for de- ery of tapes and documents the 64 Watergate conversa- ins the Supreme Court dieted ' President Nixon to sur- nder. A spokesman indicated Ja- orski would seek prompt com- iance with the historic high mrt directive despite presi- ential attorney James St. lair's statement that a time- onsuming process was needec i prepare the tapes. The spokesman said the spe- al prosecutor's office believes 3 of the 64 tapes are virtually eady to be turned over. ·Of these,'20 were included in he partial White House tran eripts released last spring, '12 :hers were given Nixon by ap ointments secretary Stephen 3ull at that time and a partia" ranscript of one was supplie House Judiciary Committee y St. Clair last week, the jokesman added. · Nixon announced his decision comply with the ruling in al espects in a statement issued hrough St. Clair at the West rn White House in San Cle- niente, Calif, eight hours afte le court issued its 8-0 ruling Vednesday. MEASURES NECESSARY "While I am disappointed in e result, I respect and accep he court decision, and I have nstructed Mr; St. Clair to tak whatever measures are neces ary lu comply with that dec ion in all respects," Nixb aid. The President had challenge terns. Justice Thurgood Marshal he only black member of th court, dissented, saying: "We deal here with the rigl of all of our children, whateve ':heir race, to an equal start ' life and to an equal opportuoil to reach their full potential a citizens. Those children wl iiave been denied that right :he past deserve better than see fences thrown up to den them that right in the future.' ALSO DISSENTING Also dissenting were Juslio William 0. Douglas, William Brennan and Byron R. White. Besides its impact in Detro the decision could affe schools in Louisville and Jeffe son County, Ky., which we ordered by a federal jud; Tuesday to merge in order achieve better racial balance. It will have more indirect e feels in many other cities. aworski's subpoena for th apes and materials. The spe Mai prosecutor said they wer leeded for the Watergate cqv er-up trial of six former Whit louse and campaign aides cheduled to start Sept. a. Th defendants include H. R. Halde man, John D. Ehrlichman an John N. Mitchell. After the tapes and docu ments are submitted to Judg Sirica, he must screen them fo elevance before making ther ivailable to Jaworski. Appearing before newsme ·uid television cameras at th White House press center i nearby Laguna Beach o Wednesday afternoon, St. Clai spoke of."the time.-consumin irocess of reviewing the tape subject to the subpoena and th preparation of the index an analysis required "will H begi said the work brlhwith." In the past, tapes provided t Jaworski have been supplied t .he House Judiciary Committe for its impeachment inquiry. : was not known immediatel whether the latest subpoenae material ever would figure i congressional consideration impeachment. Presidential Press Secretar Ronald L. Ziegler was aske Debt To Future LITTLE ROCK (AP) -- Go Dale Bumpers told the annu summer conference of the A kansas School Administrate Association today the educati of youth is this generation debt to the future. He said the future will sho how well this generation far in meeting education ch lenges. "I hope we see our crisis as sea of opportunity," the gove nor said. much time would be eded to process the tapes. "There's really no way to y," he replied. Ziegler, responding to ques- ons, said possible defiance of e court was not an option :xon and St. Clair discussed ednesday. He suggested that efiance never had been given rious consideration in the ast, either. Ziegler also.said Nixon resist- d surrendering the subpoenaed laterial only on grounds of rinciple and not because he eared they might contain in- riminating material. Nixon said in his statement lat he had refused to comply (CONTINUED ON PAGE TWO) Gilbow Pleads No Contest To Misfeasance L'onni$ B. Gilbow of Spring!ale pleaded no contest today n Washington Circuit Court to a charge of misfeasance in his losition as right-hand man to Washington County Judge Vol -.ester. The misdemeanor charge was amended by the Prosecuting Attorney's office from a felony charge of larceny by bailee eveled by the ,recent grand ury. Gilbow's no contest plea was accepted as a guilty plea by Circuit Judge Maupiri Cummings and Gilbow was ordered o pay a $500 fine, the max,mum for the crime; a n d to make restitution of $250 plus nterest for the 1953 Jeep involved. Gilbow is charged with de- ivering the title for the jeep :o the City of Fayetteville in 972 without following the law and procedure laid down for disposal of county property. The story of the transfer of the Jeep has evolved from statements by Gilbow, Judge Lester, and other witnesses who were called before the Grand Jury. Apparently the Jeep.was taken to the Fayetteville police department in 1969. Judge Lester said that Gilbow told him that the Jeep was not in g o o d w o r k i n g condition a n d that the county considered it more, public --TTMESPhoto by Ken Good Weed Covered Meters Drivers seeking a parking space on West Mountain Avenue near the Locust Street intersection should look close- ly before leaving their, cars. Parking meters almost hidden by weeds must sfill be fed. The city is expected to clear the weeds out wilhln a few days. (TIMESpholo by Ken Good) Cyprus Talks Begin Tonight GENEVA, Switzerland (AP) -- The Britain, foreign Greece ministers of and Turkey "junk." F u r t h e r the t r a n s f e r of property of another governmental agency which has need of She property is legal and conr mon practice. TITLE TRANSFERRED In 1972, the actual title was transferred from the county and carried Judge Lester's signature. Gilbow said Judge Lester told him to take the title "over to the city." However, the space for the name of the new owner on the title was left blank. That title later showed the name of Wayne Stout, former Fayelteville assistant police chief, who retired earlier this year. According to evidence presented to the grand jury, Stout sold the Jeep and apparently pocketed the money. The receiving of the county property by a private individual completely changed the complexion (CONTINUED ON PAGE TWO) prepared to meet here tonight to begin negotiations seeking permanent peace on explosive Cyprus. James Callaghan of Britain, furan Gunes of Turkey and 3eorge Mavros of the new 3reek government were expected to meet for about three days, adopt a communique supporting the cease-fire on the island the Turks invaded last Saturday and create a workirtg group. The working group would do the actual negotiating on such concrete. matters as continued Turkish control of the Kyrenia- Nicosia corridor the Turks cap tured, the withdrawal from Cyprus of the Greek army officers who led the coup thai ousted President Makarios anc the restoration of constitutiona government to the island. The abdication of the Greek military dictatorship in Athens was considered a good omen for the negotiations. But the new interim president o Cyprus, Glafcos derides, saic he had little faith in the Geneva talks if Cyprus were not repre sented. Foreign governments canno work out a peace formula abroad and impose it on the island, he declared. NEWS BRIEFS UA Bomb Score An anonymous caller told a University of:Arkansas Department of Public safety dispatcher at 1:44 p.m. Wednesday ;hat a bomb' was in Pomfret lall. After evacuating and searching the dorm complex, vhich is occupied by young women attending a chcerleading clinic, officers found no bomb. Later, at 10:43 p.m. the DPS received another call that a young woman staying at Pom:ret Hall had found a bomb in an elevator; DPS then contacted .he young woman who said that she knew nothing about the 30mb. $2.7 Million Suit NASHVILLE, Tenn. (AP) -Relatives of eight Pine Bluff Ark., people killed in a one-car accident on the Silliman Evans Bridge last year have filed a $2.7 million damage suit in U.S District Court. Defendants in the case are the United States, the Marion Construction Co. of Nashville and Clark -Rapuano, Inc., a New York engineering firm. The July 27, 1973, crash kille Ermancll Rayford, 35, ant three of her small children Pernelta Brown, 58, a grand daughter, Pernelta Tate, 9 Georgia Glover, 29, and i daughter, Johnetta, 8. Madison Eligible Taxpayers in Madison County ave been declared eligible for ederal income tax benefits if :hey suffered property losses because of the June 6 storms and floods. E. E. Cook Jr., district direc- or of the Internal Revenue Service, said other areas in which .axpayers may deduct disaster- related losses on either this year's return or by filing an amended return to last year's return, are Hot Springs and Johnson Counties and in Spark- lan. Chance Of Rain The chance of rain in Arkansas is on the upswing. The National Weather Service said a weak low pressure disturbance produced a large area of showers and thundershower activity across Kansas and Oklahoma Wednesday night and this morning. Five Rescued YARMOUTH, Mass. (AP) Five persons, two of them adrift on a rubber raft and three in a foundering motorboat off the coast of Cape Cod, were rescued this weekend by Sen. Edward M. Kennedy, D-Mass. tion on Nixon's guilt or in- icence. But despite his challenge, th'8 committee was believed likely to vote impeachment, though the margin of such a vote remains to be determined. , '., The committee opened its historic debate Wednesday nigh't before a nationwide television and radio audience that heard. Rep. Charles W. Sandman Jr., R-N.J., claim "There are sufficient votes here for an impeachment resolution, ' V. M "Everyone knows that. Thera is no use kiddinrg ourselves about it," he said. '^ · Sandman, who lined 'up against impeachment, was one, of 11 committee members who gave their views in a televised presentation of the historic proceedings. Chairman Peter W. Rodino Jr.'s schedule for the SB-member committee calls for concluding general debate tonight and moving onto actual consideration of articles of impeachment Friday. That schedule suffered a slight setback last night when a bomb scara forced a 47-minule delay TWO BOMB THREATS The threat, telephoned to th"» Capitol switchboard, forced Rodino to empty the packed room w h i l e p o l i c e searched fruitlessly for a bomb. Later, after Rodino had recessed the proceedings for the night and the hearing -room had atmost emptied, a second bomb threat was received. Again nothing was found. -i, The most explosive item in the room was a resolution ofr fered by Hep- Harold D. Dono- huc, D-Miss., calling for Nix- . oil's impeachment on two broad articles, one based on the Watergate cover-up, the other charging him with abusing his powers of office. ·;·-. The proposed articles, still subject to refinements, were drafted after day-long negotiations between pro-impeachment Democrats and seven fence-sitting members--four Republicans and three Southern Democrats. Neither side would say publicly that the articles as presented represent an agreement, but one -participant in the negotiations said lie expects the seven undecided members to support at least one of them. That would produce a 26-12 vote in favor 9! impeachment. The Watergate article accuses Nixon of acting "directly and personally and -through his close subordinates and agents" to obstruct the investigation iof the Watergate break-in. LISTS NINE ACTS It lists nine specific acts.it says Nixon directed to carry out the cover-up, including tho payment of hush money, the suppression of evidence, the misuse of the CIA and the making of "false or misleading public statements in his capacity as President for the purpose of deceiving the people of the United Slates ..." The abuse of power article charges Nixon with authorizing illegal wiretaps, establishing a special investigative unit in tha White House to engage in unlawful activities--such as lha break-in of Daniel Ellsberg's psychiatrist's office --and with interfering with the administration of the Internal Revenue Service and the FBI. Both articles, and the specific acts cited in them, follow closely the major concerns in tha impeachment inquiry of Rep. Thomas F. Railsback, R-I11., in whose office the uncommitted members drafted their proposals for submission to the pro- impeachment group. - . · Railsback delivered an emotional speech Wednesday night in which he stopped short of saying he would vole for impeachment but left no doubt ha was bothered by Nixon's actions in the Watergate cover-up and in his use of the IRS and FBI. "If there is anything that is _)ing to affect my vote, it 'is misuse of sensitive agencies,'' he said- S p e a k i n g without notes, Railsback was the only mern- her who ran over the 15 minutes alloted each speaker. Ha said he had been agonizing over his decision for months. Me warned that "the young people in this country' will become frustrated and disillusioned if the committee adopts an altitude that th« (CONTINUED ON PAGE TWO) Final Brief Challenging City Revenue Collections Filed The. challenge by four Fay- elteville citizens to the Fayetteville city government now rests in the hands of Washington County Chancellor-on-exchange Warren Klmbrough. The final brief, arguing the case of T. Richard Mayes and Anncllcn B u c h e, was filed Wednesday in Washington Chancery Court. Judge Kimbrough,. of the Fort Smith district, has promised a speedy decision on the case which challenges the collection of nearly one-third of the city's ad valorem tax revenue, seeks i a refund of certain tax money to Fayetteville citizens, and questions the propriety of city financial operations, particularly in regard to the water and sewer department. Shortly after the plaintiffs' complaints were filed in late 1973, Washington County Chancellor Thomas Butt withdrew from the case on grounds that he is a Fayetteville taxpayer and would be forced to rule on the possible refund of his own lax money. The 25-page reply brief filed by the plaintiffs' attorneys Wednesday was the last of three documents entered after the close of a trial that opened June 25 in Fayetteville. The paper debate opened with a brief filed by the plaintiffs' attorneys, followed by a 68-page answer from city attorneys 10 days later. The reply brief filed Wednesday was a final rebuttal. The arguments of the case have become familiar through repetition. However, the plaintiffs particularly argued with defense statements on 10 of the 12 points covered in the city's brief. Of primary importance are the controversial five voluntary mills of t h e ad valarem tax mi 11 ago and the possibility of refunds to taxpayers, because of the alleged unconstitutionally of the tax. In their reply, the plaintiffs again label what has been popularly called the "voluntary tax" as the "five mill unconstitutional levy." The reply quotes from the testimony of C i t y Complorller Pat Tobin, C i t y Manager Don Grimes, and Mrs. T. C. Carlson Jr., a city director, on the subject of the levy. Tobin is quoted as testifying in a deposition "That the total millago levied by the city w a s 16 mills, with 11 mills being 'statutory 1 or 'constitutional' and five being 'voluntary.' " According to the reply brief, Grimes said in a deposition that he became aware of tho voluntary five mills soon aflcr his arrival; that he told the board that five mills were voluntary and staled "I don't recall any publication of this to the news media." Mrs. Carlson is quoted as having said that she was present at a board meeting at which the city altorney advised the board "that the five mills was unauthorized and he made no further comment, and the board levied the tax anyway." (Testimony of T o b i n and Grimes was presented to Chancellor Kimbrougli at the June trial in the form of depositions taken in the spring, Mrs. Carlson, wife of the plaintiff T. C. Carlson Jr., lestified personally at the trial.) Using the three statements, the plaintiffs conclude in their reply that "From the foregoing testimony it is clear that the five mills collected was not constitutional . . . It is obvious that if the five mills In question had been permitted by the Con slitution or any of its amendments, and voted by the people, the city would have put on testimony to prova such fact and contradict the testimony pra- 'errcd by the petitioners." City attorneys had complained, in their briefs, about the plaintiffs' "meager" proof on the issue of constitutionality, consisting of "the 'titles' of tho particular levies." The city brief stated, "There being no proof before the court from which the actual purpose, ob.- jcct, practical operation or effect of the levies can be determined, it is respectfully submitted that petitioners hava (CONTINUED ON PAGE TWO) .

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