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Yuma Daily Sun, The (Newspaper) - January 14, 1974, Yuma, Arizona SEEVICE CbFY t-itCPJO PHOTO DIV EELL-1IOVELL CO tAvit HILL OLE tiENSFIELC Ht OH 44691 DISMISSES SHAFFER ACTION Judge Says City of Yuma Can Hold Liquor License By ERNIE BUSH The Yuma Daily Sun Judge William W. Nabours ruled this morning that the city of Yuma may hold a li- quor license and dismissed the Special Action brought against the City Council by John Shaffer. In his written opinion Judge Nabours said, "It is the opin- ion of the court that while it is true that there is no express authority given to the City by the State for the purchase of a liquor license or for the operation thereof by the City, there is ample authority by implication." Attorney Don Engler, who brought the suit on behalf of Pub owner John Shaffer told The Sun he hasn't had time to study the ruling. "It's not a matter of no comment, I just haven't had time to study he said. Mayor Ersel Byrd said, "This liquor license is a very necessary item. The city of Yuma needs it and the Con- vention Center needs it. "I'm sure those who have been against it won't fight against it anymore. I believe everyone concerned will get behind the new city Council he said. In his opinion the judge said it is apparent "there is no spe- cific provision which prevents the city from holding a license or engaging in the business'." He said, "The Court recognizes the principle that the City has only those powers given to it, and that it does not hold all i. (Kiwers not expressly forbid- den." He then cites laws pertain- ing to alcoholic beverages adopted by the State legisla- ture which makes a special provision for any premises under the exclusive jurisdic- tion of the Arizona Coliseum and Exposition Center Board. The Act states, "It is the in- tent of the Legislature that, to aid the State Fair Commission in attracting those conven- tions and groups whose re- quirements include the avail- ability of alcoholic leverages, a special permit covering the serving and consumption of al- coholic beverages on such pre- mises is hereby authorized." This clearly demonstrates the State has recognized the requirements of the avail- ability of alcoholic leverages for a convention center ac- cording to the ruling. "When the Legislature then granted the cities authority to con- struct and operate convention centers it would be logical to conclude that a part of that operation would entail the sale of beverages." This would in- dicate the city is acting within its power to secure a license "as a part of the implied powers directly relating the operation of such a center. One of the questions raised in Shaffer's suit was whether the use of the emergency clause in the city's liquor li- cense ordinance was proper. The judge answered, "It is the opinion of the Court that the Council having made that de- cision and there being no suf- ficient evidence produced that the decision is arbitrary or ca- pricious or teyond the author- ity of the Council, this Court will not substitute its judg- ment for that of the Council." Judge Nabours reached the finding "After reading and considering the excellent briefs submitted by'counsel on both sides." City Attorney Doug Stanley represented the city in the matter. Egypt Israel's Plan i-, -T fc y ST V w 1. SUN 52nd Issue, 70th Year SENTINEL 260th Issue, 101 st Year Yuma, Arizona, Mon., Jan. 14, 1974 Higher Minimum Driving Age Proposed for State PHOENIX (AP) Gov. Jack Williams proposed today that Arizona's minimum driv- ing age be increased as an en- ergy conservation measure and said a temporary boost in the state gasoline tax may be need- ed. Addressing the opening of the second half of the 31st ses- sion, Williams said a tax in- crease may be warranted by reduced gasoline sales and urged that the legal age for driver's licenses be raised from 16 to 18 years. In his longest opening mes- sage in recent years, he put the energy crisis at the top of his priority list. "We must maintain'our economy which is ultimately represented in jobs, the gover- nor said." "Unless we act promptly and effectively in regard to the fuel and energy shortage a continu- ation of vital business enter- prises, industries, services and utilities will be threatened and thereby the continued employ- ment of a large number of Ari- Williams referred briefly to the 10-week special session in which legislators failed to agree on school finance reforms, and said the legislature would have to get on with this work in the regular session. In a series of far-reaching recommendations related to energy problems, the governor recommended consideration of an "all-inclusive energy, com- mission embracing the Oil and Gas Commission, the Arizona Power Authority, the Atomic Energy. Commission and a solar energy group." "All of these energy-produc- tion authorities could be en- couraged to work together to- ward a common end under such a single the gov- ernor said. Williams said that it will probably be necessary to con- sider allocations of scare en- ergy at the same time the state is seeking sources. The governor urged conser- vation and equitable alloca- tions of fuel, while at the same time calling on the state to push for development of new energy sources. I am most under- standing of the necessity to conserve and to practice re- straint and to set up methods of allocations so that none of our citizens will be unduly de- prived and the scarcity equally shared, we must encourage as rapdily as possible the develop- ment of new energy he said. Williams said ,the state's "reasonable and prudent" law may pose a problem in enforce- ment of the.new federal man- datory 55 mile per hour speed limit. He suggested that it proba- bly will be necessary to change this section of state law. The governor, who has re- peatedly expressed concern over Arizona's traffic deaths, said he continues to regard the state's traffic record as "simply appalling." "The number of people killed on our highways rose to astro- nomical heights last he said. Other issues before the new legislature, as outlined by the governor, are land planning, waste disposal, overtime in mines and confidence in gov- ernment. The governor said he had teen informed that an existing law which prohibits overtime in underground mines needs revision. By BARRYSCHWEID Associated Press Writer The Egyptian foreign minis- ter said today Secretary of State Henry A. Kissinger's troop pullback plan is unsatis- factory and Egypt is giving him counterproposals to take back to Israel. "We are giving him our own map and Foreign Minister Ismail Fahmy told newsmen. He spoke shortly after Kis- singer said Egypt and Israel agree with his efforts to work out a troop disengagement plan for the Suez..front: and that negotiations had progres- sed to the detailed drafting stage. Fahmy' comments indicated the disagreement revolved wround some final details and he complimented Kissinger for playing a "constructive role." "Your secretary of stale, when he sticks his fingers in something, he generally brings it to a successful he said. "And I think he will this time." Sitting on a sunlit veranda IMPRINT OF EASTERN WINTER Footsteps in the snow of Jersey City, NJ., are in Ihe foreground as Ihe skyline of New York looms in Ihe background. The area is in the grip of winter. Temperatures continued below tndny. (AP Wirephofo) at Aswan in upper Egypt, Kis- singer told the newsmen that, his shuttling mediation talks with Egyptians and Israelis are "the toughest I have teen in." He and President Anwar Sadat set up joint teams of draftsmen to work on the de- tailed language of an accord to separate Israeli and Egyptian forces along the uneven and explosive Suez Ganal cease-fire lines left from the October Middle East war. "I think both parties agree with the Kissinger said. Kissinger, who delayed his return to Israel hours, said he probably will see Sadat again before carrying the proposal back to Jerusalem later today for consideration by the Israeli cabinet. "II. is a very tough he added. "It is hard to recon- cile." The fast-traveling American secretary said he may then re- turn to Aswan in what would to the third time in his current tour to get Sadat's reaction to any changes the Israelis might propose. Little Bed-Wetter Dies of Punishment HUNT1NGTON, W.Va. Little Jonathan Work- man has lost an 84-hour strug- gle for life that began after he reportedly was beaten for wet- ting his pants. Officials at St. Mary's Hos- pital said the 3-year-old boy died Sunday night. He was in a coma after being injured and had relied on a life support ma- chine. Jonathan was brought to the hospital Thursday afternoon by his mother, Delia Work- man, of rural Fort Gay in neighboring Wayne County, and by Jackie McAboy, 23. McAboy, who had been baby- sitting with Jonathan and Jon- athan's 5-year-old brother Dallas, told police the child had fallen in the bathroom after he had teen "whipped for wetting his pants." But Fort Gay authorities had already notified police here and McAboy, formerly of Hun- tington, was taken into cus- tody on a felonious assault charge. Sunday night, Wayne County magistrate Virgil Mills said the charge would be changed to murder. "Dallas was the only wit- said Wayne County Sheriff Keith Ray. "He told us McAboy was 'breaking Jonath- an of welting his pants' and that he hit and kicked his little brother and threw him into the commode, head first." The sandy-haired child's in- juries included a badly cut mouth anrl a broken jaw. A JNSlbETHESUN Comics............................8 Crossword......................3 Editorial.........................4 Markets..........................2 Movies.............................R Parker News................12 Weather.........................2 COLD UNDERWEAR Winter stayed put in New York City over the weekend, as the frozen condition of the.long underwear carried by Sully Collins of Richmond Hill, Queens, demonstrates. It is presumed the wearer thawed them out before putting them on. (AP Wirephoto) Green Carders' Legality To Be Ruled on by Court WASHINGTON Supreme Court today agreed to decide whether thousands of Mexican laborers can legally commute to the United States forseasonal farm work. The issue could have a major impact on Arizona, California, and Texas farmers who rely extensively on alien workers. After the bracero program expired, the Invmigratibn Ser- alien jobholdersr as' resident immigrants allowed to return to the United States after temporary departures. The Immigration Service issues them an Alien Registra- tion Receipt Card, commonly known as a "green card That action allowed the Me- xican farmworkers to take U.S. jobs without the certification of the secretary of labor. The Supreme Court will re- view a U.S. Circuit Court deci- sion which outlawed seasonal commuting but permitted alien workers to enter the United. States on a daily basis. The ruling by the Appeals Court for the District of Co- lumbia conflicted with a deci- sion by the U.S. Circuit Court in San Francisco which allow- ed both seasonal and daily commuting to U.S. Supreme CmWalso ac-' cepted for review a companion case challenging the legality of daily commuting. The issue was brought into court by the United Farm Workers and a group of Cali- fornia and Texas workers who complained of unfair competi-. lion against U.S. workers and accused the Immigration and Naturalization Service of vio- lating the law by permitting Mexican citizens to commute to U.S. jobs. Government lawyers esti- mated that there are sea- sonal commuters, but a group of farm organizations calculat- ed that there are in .California alone. The govern- ment said there are about daily commuters. The practice grew out of.the ...bracerp. program, approve.d_by Mexican workers to meet farm labor shortage during World War II. Congress aban- doned the program in 1964 and the next year passed legislation to protect U.S. workers from the competition of aliens. The 1SJ65 law prohibited aliens from holding U.S. jobs unless the secretary of labor certified that a labor shortage existed. Frozen Body of 14-Year-Old Kidnap Victim Tied to Tree doctor who examined him at the hospital emergency room said he had sustained massive brain damage. Hospital officials said the child was injured about noon Thursday. At that same time, his father, Ray Workman, 27, was in a local courtroom being sentenced to a year in prison for armed robbery. Fort Gay authorities said McAboy had been living at the Workman home. They said po- lice had investigated prior complaints of mistreatment of the children. "Dallas said Jonathan never said a word during the beating, just cried a little the she riff said. Nurses at the hospital also said the child never uttered a word during the three days he lay on his hospital bed. Leukemia Boy Knew Dolphins Would Win FORT MYERS, Fla. (AP) Critically ill Jimmy Sievert says he knew his and President Nixon's predictions of a Miami Dolphins Super Howl victory would come true. "The President and I were said 8-year-old Jimmy, who doctors say is dying of leu- kemia. "I didn't worry about il. I knew I hey were going to win." He wore a Dolphin shirt bear- ing Ihe No. 42 of his favorite player, Paul Warficld, as he watched portions of the game on television Sunday from his Ircd at Lee Memorial Hospital in Port Myers. A hospital spokesman said the hoy was excited when he saw the Dolphins score twice early in (he game. Nixon telephoned Jimmy Saturday and fold him he was "picking Ihe Miami Dolphins." JAMESTOWN, N.Y. (AP) The partly frozen, bruised body of a 14-year-old kidnap victim has teen found tied to a tree in a heavily wooded area near his home, authorities said. Investigators said the snow- covered body had been missing since Tuesday night, was found slumped against the tree Sun- day by an agent of the Federal Bureau of Investigation and a deputy sheriff. Investigators said a glove had been stuffed in the youth's moulh and held in place with surgical tape. They said a ski mask had been pulled over his face, covering his eyes. Authorities said the cause of death had not. teen determined and that an autojisy had been scheduled for today. The body was found after an anonymous telephone call. Daniel's parents, Dr. and Mrs. Glen M. Ebersole of the Jamestown suburb of Lake- wood, had paid ransom for the boy Thursday. And authorities arrested three area teen-agers Saturday, charging them with kidnaping. Kenneth L. Williams, IS, and Martin C. Whitmore, 19, of West Ellicott and Jeffrey L. Swan, 18, of Lakewood were arraigned in Buffalo, N.Y., Saturday and ordered jailed in lieu of SLOO.OOO tend each. Most of the ransom money has been recovered, said Spe- cial Agent Richard H. Ash of the Buffalo FBI office. IN MARYLAND Ebersole, a prominent Ja- mestown physician, said Dan- iel was seen last when he left for the Lakewood Teen Center, a short walk from his home. The doctor said he notified po.- lice when the boy did not re- turn home that night. The physician said a tele- phone caller told him late Tuesday night that Daniel had been kidnaped. The caller threatened Daniel's life unless a ransom was paid, the doctor said. He said the caller telephoned again Wednesday night, re- peated the threat and gave in- structions for leaving the ran- som. Disbarment of Agnew Is Recommended by Panel ANNAPOLIS. Md. A special three-judge panel rec- ommended today that former Vice President Spiro T. Agnew lie disbarred from the practice of law in Maryland. The three Circuit Court judges said that Agnew's eva- sion of income tax, acknnow- ledged in a no-contest plea, was and dishonest" and "strikes at the heart of the basic object of the legal profes- sion "We shall therefore recom- mend his disbarment. We sec no extenuating circumstances allowing a lesser a 14-page recommendation said. "Mr. Agnew will not he mak- ing a sialcmenl at this particu- lar said Ann Hreon, a receptionist nl Agnew's office in Washington. The recommendation goes to SPIRO AGNEW the Maryland Court of Ap- peals, which makes the final decision on whether to bar Agnew from the practice of law. Disciplinary actions were filed by the state bar associa- tion last November after Agnew pleaded no contest to a federal lax charge and resigned from the vice presidency. The bar association had asked the three judges to dis- bar Agnew. The former vice president, however, had asked the panel to merely suspend him from practicing law, argu- ing that his misconduct was not connected with his duties as n lawyer. Agnew told the judges that he had at no time enriched himself nl Ihe expense of his public trust.
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