Cedar Rapids Gazette, April 12, 1974, Page 7

Cedar Rapids Gazette

April 12, 1974

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Issue date: Friday, April 12, 1974

Pages available: 52

Previous edition: Thursday, April 11, 1974

Next edition: Saturday, April 13, 1974

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Cedar Rapids Gazette (Newspaper) - April 12, 1974, Cedar Rapids, Iowa The Cedar Rapids Gazette: Fri., April 12, 1971 House Votes Court Changes DBS MOINES (API Pro-jsend a person to jail for non-spiles too much work on them.iceeded in defeating a similar ceedings before a judicial mag-j payment of a fine. istrate in small claims cases; Magistrates haven't known prepared from the taped magis-! taped records in criminal trials. would be tape recorded, under aiwhat to do when a person whojtrate court record for district! bill passed 72-10 by the lowajappears before them doesn't court appeals. house Thursday. jhave money for the fine, and! Rep. Carl Nielsen (D-Des The bill, which now goes tojsome of them have been protested tape reeord- the senate, would make missing such cases, Doyle said, j ings often are indistinct and it is merous corrective changes in] The bill would authorize mag- difficult to tell who is speaking, the unified trial court act io'istrates to allow a person time! take care of minor "bugs" that to pay the fine, or permit pay- have been discovered since the ment in installments. If the fine which might lead to errors in the record. But Knoke said the district law went into effect last July 1.1 isn't paid by the deadline or in-: court still could order a new Rep. Donald Doyle aren't paid as or-hearing if it thought necessary. City) said the unified trial courtjdered, the person could be held Doyle and Rep. Philip Hill law, which abolished justice of in contempt of court. the peace and other nu'nor The tape recording of however, suc- Anolhcr Change Hill, chairman of the house ju- Another substantive change in the bill would delay for one year the redistribution of the 191 part-time magistrates among the counties. The law passed last year re quired the Iowa supreme cour administrator to make the real location in January this year on the basis of the case loads the; handle. courts and replaced them proceedings before mag- judicial magistrates, is was proposed in an well on the by Rep. George He said the most said no record now is change in the bill spells out Record magistrates should handle in which a person charged said no record now is traffic offenses doesn't in magistrate court cases money to pay the when they are appealed .to court, they must be Court all over again. The U.S. supreme court said district court held it is unconstitutional have complained this U. of lowan Post with HEW Kenneth B. Hoyt, 49, has been Filing associate commissioner for career education in TIPTON A civil suit has been filed in office of education. county district court by full professor of education C. Brown against Clyde leave from the University of Clark Super Appliance under the Inter- Personnel act, Brown, a resident of Musca-tine county, who Hoyt will direct the office of owned 775 acres claimed education within the he sold to Clark, he and of occupational and entered into certain education "as a direct result of major responsibilities of representations and office will include the con- ments on the part- of and development of which Brown claims were career education program and policy formulation. Brown claims he has Hoyt went to the Universi- damaged in "several of Maryland in 1969 as a full to the sum of of education from the is seeking the return of the of Iowa, where he or the monetary equivalent. served since 1954. He had also is seeking in previous teaching positions tive the University of Minnesota, Brown also is seeking an and was a teacher and junction against Clark to at Westminster, vent him from selling, and Montgomery- mortgaging or transferring high schools in Maryland real estate 1947-49. He said transcripts could bej Knoke amendment providing for diciary committee, said the ad- ministrator doesn't have enough data after less than a year's ex- perience with the magistrate system to make a valid reallo- cation. Ignore Action He said the administrator ha started to make the reallocatio as provided by law, but the told nominating commissions i all counties to ignore it until th legislature could act. Reps. Terry Branstad (R Leland) and Mary. Theres O'Halloran D C e d a r Falls tried for an amendment to re quire the administrator to pro ceed with the reallocation but i was voted down. They said the magistrates i their counties were overworkei and had been promised an add tional magistrate. Miss O'Hal loran said the additional magis trate in Black Hawk county al ready has been sworn in anc las started working. American Heritage Dancers Dancers if Cornell MT. VERNON Dances from four continents will be per- formed April 18 at Cornell college by the American Heritage dancers, a group specializing in ethnic dancing. The 40-member group from Illinois State university, Nor- mal, will appear on the third day of Cornell's five-day Fine Arts Symposium, "Artist Citizen Citizen The dance program, entitled "International will be at 8 p.m. in King chapel. It is open to the public at no 'ad- mission charge, as are all other Symposium events. A folk dance workshop will be conducted by the troupe April 18 at p.m. in the dance studio of the Cornell women's gymnasium. Interested members of the public are welcome to attend. Among countries whose dances will be featured in the eve- ning program are the United States, Austria, Lithuania, Yugoslavia, Scotland, the Philippines and New Zealand. Last year, the American Heritage dancers toured Europe. They performed by invitation at several festivals in Portugal, Spain, France, Wales and England. Elderly Des Moines Man Beaten in Robbery DES MOINES (UPI) An el derly Des Moines couple wa lied up by two men who ran sacked their home and made of vith about in cash Thurs day. Police said the victims of tin loldup were Mr. and Mrs. Ware McCreary, who manage an apartment building in whicl :hey live. .McCreary, 85, wa: icaten and was taken to a loca lOspital for treatment of severe lead lacerations. He was in sat sfactory condition. Mrs. McCreary told police two men came to the door am jegan asking about an apart ment. She said she let them in and one of them pointed a gun and demanded money. The woman said the two then tied her and her husband "back o-back with nylon stocking: and the two men ransacked thi 'ive-room apartment. Mrs. McCreary said her hus >and was beaten before he was ied up. She was not hurt. Indian Rights, Deer f By Alice Witosky TOLEDO In a decision filed Wednesday, Magistrate J. E. Arends found Gailey Wanatee, 43, of the Mesquakie Indian settlement, guilty of unlawful possession of deer meat in his deep freeze with- out a valid license. Arends fined Wanatee and costs. The may be posted as appeal bond if Wanatee wishes to appeal to a higher court. He has ten days to file an appeal. The charge was filed against Wanatee by State Conservation Officer Robert Mullen, Toledo. It brought up the question of whether the In- dians on the settlement near Tama have the right to hunt and fish on their lands when- ever they want to. The Indi- ans say they have that right. AH Crimes Arends, in his findings of fact and law, stated, "This court holds Sac and Fox (tri- bal members) in Iowa are subject to all crimes and mis- demeanors set forth in the laws of Iowa. There is no au- thority for them to pick and choose the laws they will obey. It seems they do not question the state's jurisdic- tion in serious offenses against state law, but do ques- tion authority in certain of- fenses." The charge filed against Wanatee was a mis- demeanor, not a felony. Arends, finding .the Sac and Fox in Iowa hold the settle- ment lands by purchase, said they have equal but no greater rights under the law than other land owners as regards hunting laws. Although no charge was made of a hunting violation, the question of illegal posses- sion is inter-related, Arends said. Your Grumbocher In a hearing in March, Mul- len testified he and other con- servation officers obtained a search warrant after they saw a deer hide outside Wanatee's residence after the hunting season had closed. He had received reports previously of deer poaching on the settle- ment. Deer Hide freezer disclosed two pack- ages of deer meat in clear kages of deer meat in clear plastic bags. Wanatee admit- ted to Mullen that it was deer meat. The deer hide outside contained shotgun pellets. Wanatee testified at the hearing that the meat in the freezer was from a deer killed by his 16-year-old son Dec. 1, the first day of the deer-hunt- ing season. The son had no hunting license. Arends, in his findings, found the Iowa code provides that owners or tenants of land and their children may hunt without a license on such land except as to deer. Only one of the said members may hunt deer and then may kill only one animal, and must apply in writing for a license, issued free, by the state conservation commission. The regulation further pro- vides that any person having unlawful possession of game may hold it for ten days after the close of the season and a permit to hold the game longer may be obtained from the commission. Neither Wanatee nor his son had licenses or permits. Wanatee's attorney at the hearing asked for a directed verdict, claiming that (1) The conservation officer had no authority to go onto the settle- ment and make an arrest; (2) Game laws do not apply to In- dians on the settlement land; (3) Lack of jurisdiction of the state of Iowa over crimes committed on ,the settlement. Magistrate Arends overruled the motion. Always Hunted Kenneth Youngbear, 65, a member of the Tribal Council 16 years, testified that the In- dians own their land, held in trust for them by the U. S. department of the interior, and they have always hunted and fished without licenses within their boundaries when- ever they wished. Arends, for almost three weeks after the hearing in his court, has studied and re- searched the case. He said he found the act of June 30, 1948, vested complete jurisdiction in the state of Iowa to enforce the full range of its criminal laws on the Sac and Fox res- ervation, or settlement, as it is more accurately called. The fact that the federal govern- ment may have concurrent ju- risdictions of certain crimes is immaterial, Arends said. In his findings, Arends said, "History records the slate of Iowa and Tama county have exercised jurisdiction for at least 100 years. The first re- ported serious crime involved the State of Iowa vs. Black Wolf. On June 13, 1874, Black Wolf was arrested on the set- tlement by Deputy Sheriff Bartlett for allegedly firing a pistol three times into the back of the head of a visting Pawnee, which resulted in his death. "At that time, Man-an-wan- e-ka, son of the distinguished Chief Poweshiek, was chief of the Sac and Fox. Since Ihen, apparently, the state has taken jurisdiction at least of serious crimes." A section of the Iowa code provides for an additional deputy sheriff, whose prin- cipal duty is law enforcement on the Sac and Fox settle- ment. Part of his salary is paid by the state and part by Tama county. The present deputy is Clyde Wanatee, a member of the tribe. The code does not limit or define the law he is to enforce, Arends found. Tama County Attorney Jared 0. Bauch represented the stale in (he hearing last month. Arends said there are many misconceptions concerning the Sac and Fox Indians. In the hearing, the defense counsel referred to them as Aborigi- nes. Actually they are im- migrants, Arends said in the summary of his'decision. "The Sac Indians came from -New York state, where they had been at war with the Iroquois and had become so weak that they joined the Fox tribe in the St. Lawrence river valley. "The Fox had been deci- mated in the French and Indi- an was. The two tribes unit- ed and moved lo Iowa some- time after .1760, as Father Hennepin speaks of fhe Fox Indians being in Green Bay at that date, according to a his- tory of Tama county by Chap- man and the opinion of the field solicitor of .the depart- ment of Indian Affairs Jan. 4, 1974." Thesis Drawings MT. VERNON r- A show o pen and ink drawings by Cornel college senior Stephanie Rolufs New Orleans, will be held Sun day from 3 to 5 p.m. in Hedges Lounge of the Cornell Com- mons. The public is welcome to attend the opening. This is Miss Rolufs' senior honors thesis arl show. It will remain on exhibit through Saturday. ISPIRG Gets Contract for UNI Program AMES (AP) The stat board of regents has renewe Iowa State university's contrac with the Iowa Student Public In tcrest Research Grou (ISPIRG) and has approved similar first-time contract fo the University of Norther Iowa. Both contracts with the stu dent lobby group include nega live check off funding mecha nisms. This means students at ISU and UNI will he assessed a quarter or a semester unless they check a box on a registration card saying they don't want to be. ISU President W. Rober Parks expressed support for th ISPIRG funding system. "I'm quite happy to see i continue at ISU. The system i paying for he said. Parks said students have tw> opportunities fo indicate the; don't want to contribute t1 [SPIRG. He spoke in responsi to remarks from severa members of the board win questioned whether the negativi check-off was unfair to students. Board President Mrs. H Petersen, Harlan, said she las received letters "from 2 members of the Iowa legislature who expressed support fo: ISPIRG. One of the interest group's projects involves lobbying at the general assembly. The UNI contract proposa originally included a neutra check-off funding system. Under such a plan, students woulc lave to indicate whether the; vant to contribute by checking either a "yes" or "no" box on a registration card. But after consulting with SPIRG members, UNI Pres dent John Kammerick amend ed the proposal to substitute a negative check-off with a provi lion that it be reviewed at the end of one year. TOLEDO v- A hearing on the revocation of the probation o Cenneth Craig Willson, 23, Tole lo, was set for April 17 in Tama ounty district court Wednesday jy Judge Louis W. Schultz. Will- on is to show at that time whj lis probation should not be re- roked. The sixth judicial community ourt services has recommend- d the revocation. On. Sept. 7, 973, Willson pled guilty in dis- rict court to assault and bat- cry and was sentenced to 30 ays in the county jail, but the entence was suspended during ood behavior. Willson had been indicted by Tama county grand jury and barged with assaulting Elmer loberts, jr., of the Mesquakie ndian settlement following an Itercation between white men nd Indians on Tama's main usiness street. The charge was ater changed to the lesser in- uded offense of assault and attery. Willson has, since April 1, een serving ten days in the Marshall county fail for failure pay child support and other ayments to his former wife, heir marriage was dissolved lay 23, 1973. Iowa Speeding Arrests Up; H olden Wants Higher Limit DBS MOINES The Iowa highway patrol says the number of speeding citations during March increased by 73 percent over the same month a year ago. At the same time House Republican Leader Edgar Holden Davenport, Thursday appealed to Iowa's congressional delega- tipn. to consider increasing speed limits across the state in view of the diminishing effects of the energy crisis. Some citations were issued during the first month of the 55 miles-per-hour speed limit, compared with under the old speeds in 1973, highway patrol officials said. The federal government had given states until March 1 to change to the slower speed limit or face loss of highway funds. Patrol figures show a significant increase in the number of speed citations given to truckers. Nearly 900 trucks were stopped last month, compared with 251 in March 1973 an increase of 246 percent. Holden said he will appeal personally to members of the congressional delegation when they appear before the Iowa legislature next week. In a letter to Iowa's representatives and senators, Holden said the "very restrictive 55-mile-an-hour limit is causing frus- tration and resentment by the motorists." He said lowans are being asked to make greater reduction than eastern states, where they needed to reduce speeds five or ten miles an hour. In contrast, he said, lowans have been forced to reduce their driving speed 30 percent or by 20 miles an hour on the in- terstates. Holden suggested a return to the prior speed limits in a two- step process. The first step would be to allow speed limits to be increased to ten miles an hour below the previous limit. The second step would be a full return to the former speed limits at a later date. Campaign Masters Pledges War on Red Tape HAMPTON Ron Masters, a Democratic candidate for U. S. representative, Thursday night said, "Most of us in our society are literally bogged down in a swamp of government forms." Masters spoke at a meeting of 'hird district Democrats at the Boy Scout building at Hampton. "The farmer, for example, las become a record keeper for he bureau of labor statistics, he internal revenue service, the abor department, the depart- ment of agriculture, and the ensus Masters said. 'The small business man must out more than 85 to 100 dif- erent government reports for the federal govern- ment." "Each year Washington gener- ates more than two billion lieccs of paper 10 different orms for every man, woman, and child in Masters :aid. "The internal revenue service las different forms and orm letters. The small business nan needs 24 hours just to read he tax guide from the IRS." Favors "apifal Punishment Michael J. Feld, Republican andidate for the nomination to le U. S. house of represent-! lives in the Second district peaking before the Epworth aycees, Thursday night, said favors "reinstatement apital punishment. of "Although nobody wishes to see the life of another taken, it is still necessary to have ade- quate laws which will help curb the alarming rate of murders and other heinous crimes throughout the nation. And capi- tal punishment is such a law. "The argument that life in prison is an adequate deterrent for these capital offenses is 'bul- let-riddled' for the record clear- ly shows that in far too many cases the guilty do not serve life but are released back into soci- Mezvinsky: No Choice on Tapes WASHINGTON (AP) An lowan on the house judiciary committee considering impeach- ment of President Nixon said just before the group voted to subpoena evidence that it had no choice in the matter. "I think our committee gen- uinely reflects the anxiety of the nation to move ahead with this inquiry without further de- said Rep. Edward Mez- I'insky Using the committee's sub- poena powers "is demanded by Ihe woefully inadequate volun- tary response we've been wait- ing so patiently for." "Although been worn our patience has thin by abrasive White House tactics, I think we can issue a subpoena with the best of motives, rather than as a punitive and threatening ac- i Artists HEADQUARTERS at 333 5th Avenue S.E. GUARANTY TRUST CO. CIDAR RAPIDS IOWA, OF THE FREE! BANKING WITHUSI THANK YOU Don't Forget! FREE Polaroid Pictures of your child with our Easter Bunny Saturday, April Fifth Floor Conference Room FREE treats., too! quality is economy ;