Friday, April 12, 1974

Cedar Rapids Gazette

Location: Cedar Rapids, Iowa

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Cedar Rapids Gazette (Newspaper) - April 12, 1974, Cedar Rapids, Iowa The Cedar Rapids Gazette: Fri., April 12, 1974 House Votes Court Changes UNI Program i J • J c i- • -I n il u ■ c iv. Un i AMES (AP) — The state ceeded in defeating a similar- Hill, chairman of the house JU-    _ Knoke amendment providing for diciary committee, said the ad- 0ar re g en ts has renewe taped records in criminal trials. min istrator doesn't have enough *!? T e un ‘ v " slt y * ™ ntract Another Change    data after less than a year's ex- Wlth ,he l0Wa Student Pub " c In with the magistrate ISPIRG Gets    Iowa Speeding Arrests Up; Contract for Holden Wants Higher Limit DES MOINES (AP) - Pro- send a person to    jail for    non-    piles too much work on them, ceedings before a judicial mag- payment of a fine.    He said transcripts could be istrate in small claims cases Magistrates haven't known prepared from the taped magis-would be tape recorded., under a what to do when a person who trate court record for district bill passed 72-10 by the Iowa appears before them doesn’t court appeals. house Thursday.    have money for the fine, and Rep. Carl Nielsen (D-Des Another substantive change in| perience The bill, which now goes to some of them have been dis-Moines) protested tape record-th 0 bill would delay for one year system to make a valid reallo-the senate, would make nu- missing such cases, Doyle said, ings often are indistinct and it is the redistribution of the 1^1 ca tion. merous corrective changes in The bill would authorize mag- difficult to tell who is speaking, part-time magistrates among    Ignore    Action the unified trial court act to istrates to allow a person time which might lead to errors in the counties, take care of minor “bugs” that to pay the fine, or permit pay- the record.    The    law    passed    last    year    re- have been discovered since the ment in installments. If the fine 1 But Knoke said the district quired the Iowa supreme court law went into effect last July I. isn’t paid by the deadline or in- court still could order a new administrator to make the real-Rep. Donald Doyle (D-Sioux stallments aren’t    paid    as    or-    hearing if it thought necessary,    location    in    January    this year on City) said the unified trial court dered. the person could    be    held    Doyle and Rep. Philip Hill    the    basis    of    the    case    loads    they; ,, pnnnt . tn L n orp it until the law, which abolished justice of in contempt of court.    |(R-Des    Moines), however, sue-handle, the peace and other minor. The tape recording of small courts and replaced them with claims proceedings before mag-judicial magistrates, is working istrates was proposed in an well on the whole.    amendment by Rep. George He said the most important    Knoke    said    no record    now is change in the bill spells out how     Rec0rd magistrates should handle cases in which a person charged with Knooke said no record now is traffic offenses doesn’t have made in magistrate court cases money to pay the fine.     and when they are appealed to A    district court, they must be Court Rulmg    tried all over again. The U.S. supreme court has    Knoke    said district    court held it is unconstitutional to clerks have    complained    this ' I $1 Million Cedar Suit Filing Told Former U. of Iowan To Post    with HEW Kenneth B. Hoyt, 49, has been 1 appointed associate commis-j .    «...    sinner for career education in TIPTON - A $1,050,000 civil    ... f ,    .. suit has been Hied in Cedar HE ' V s off,ce of cdutal,on ' county district court by Marvin    professor of education C. Brown against Clyde Clem on leave from the University of Clark Super Appliance Center, Maryland under the Inter- * nc -    governmental Personnel act, Brown, a resident of Musca-    ,.    . .,    ... f tine county, who formerly Dr. Hoyt will direct the off,ce of : owned 775 acres claimed which career education within the he sold to Clark, he and Clark bureau of occupational and entered into certain agreements adult education (BOAE). ‘‘as a direct result    of    certain    The major responsibilities of representations and    induce-his office will    include the con- ments on the part    of    Clark”,    solidation and    development of which    Brown claims were un- all career education program true.    activity and policy formulation. Brown claims he has been Br. Hoyt went to the Universi-damaged in “several partial- ty of Maryland in 1969 as a full lars,” to the sum of $950,000. He professor of education from the is seeking the return of the land University of Iowa, where he or the monetarv equivalent. He bad served since 1954. He had also is seeking $100,000 in puni- held previous teaching positions tive damages.    at the University of Minnesota. Brown also is seeking an in- 1951-54, and was a teacher and junction against Clark to pre-co u n s e I or at Westminster, vent him from selling, assigning, Northeast, and Montgomery-mortgaging or transferring the Blair high schools in Maryland real estate involved.    from 1947-49. * terest Research Group (ISPIRG) and has approved a similar first-time contract for the University of Northern Iowa. He said the administrator had, g 0 ^ contracts with the stu-started to make the reallocation d en t; lobby group include nega-as provided by law, but then fj ve c h ec j( 0 ff funding mecha-told nominating commissions in n j sm5 This means students at ISU and UNI will be assessed $1 a quarter or $1.50 a semester unless they check a box on a registration card saying they don't want to be. _ I legislature could act. Reps. Terry Branstad (R-I Leland) and Mary. Theresc I lO’Halloran ( D - C e d a r Falls) tried for an amendment to re- .    r,™    I    ISU    President W. Robert quire the administrator to pro- n .    ,    .    ,    ., 4    .    „    Parks    expressed    support    for    the ceed with the reallocation but it jspjrq funding system. was voted down.    «q’ m    q U jj e happy to see it; They said the magistrates in IC0n q nue    The    system    is! their counties were overworked paying for itself » he said and had been promised an addi- Parks said students have two! tional magistrate. Miss O Hal-, 0 pp 0r t un iti es to indicate they | loran said the additional magis-jdou’f vvan j j 0 contribute to trate in Black Hawk county al-jispiRG. He spoke in response ready has been sworn in and to remarks from several has started working.    members of the board who - questioned whether the negative Elderly Des Moines I check-off was unfair to students. | Man Beaten in Robbery DES MOINES (UPI) — An el- has received letters from 25    , derly Des Moines couple was members of the Iowa legislature Masters Pledges tied up by two men who ran-j who expressed support for DES 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 delegation to consider increasing speed limits across the state in view of the diminishing effects of the energy crisis. Some 7,200 citations were issued during the first month of the 55 miles-per-hour speed limit, compared with 4,200 under the old speeds in 1973, highway patrol officials said. The federal government had given states until March I 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 Iow r a legislature next week. In a letter to Iowa’s representatives and senators, Holden said the “very restrictive 55-mile-an-hour limit is causing frustration and resentment by the motorists.” He said Iowans 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, Iowans have been forced to reduce their driving speed 30 percent or by 20 miles an hour on the interstates. 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 Trail sacked their home and made off ISPIRG. American Heritage Dancers Dancers at Cornell MT. VERNON — Dances from four continents will be performed April 18 at Cornell college by the American Heritage dancers, a group specializing in ethnic dancing. The 40-member group from Illinois State university, Normal, will appear on the third day of Cornell’s five-dav Fine Arts Symposium, “Artist Citizen — Citizen Artist”. The dance program, entitled “International Holiday”, will be at 8 p.m. in King chapel. It is open to the public at no admission charge, as are all other Symposium events. A folk dance workshop will be conducted by the troupe April 18 at 1:30 p.m. in the dance studio of the Cornell women's gymnasium. Interested members of the public arc welcome to attend. Among countries whose dances will be featured in the evening 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. with about $100 in cash Thurs-; day. Police said the victims of the! holdup were Mr. and Mrs. Ward McCreary, who manage an One of the interest group's projects involves lobbying at the general assembly. War on Red Tape HAMPTON — Ron Masters, a Democratic candidate for U. S. representative, Thursday night “Although nobody wishes to see the life of another taken, it is still necessary to have adequate laws which will help curb the alarming rate of murders said, “Most of us in our society and other heinous crimes The UNI contract proposal are literally bogged down in a throughout the nation. And capi-apartment building in which 'origina'Iy included a neutral swamp of government forms.” tai punishment is such a law. they live. McCreary, 85. was: dwMf funding 9«em Under Myers spoke at a meeting of .. The argument that , ife in beaten and was taken to a local hospital for treatment of severe head lacerations. He was in satisfactory condition. such a plan, students would Third district Democrats at the have to indicate whether they Boy Scout building at Hampton. prison is an adequate deterrent for these capital offenses is ‘bul- want to contribute by checking "The farmer, for example. lc ,. nddlcd . } or |he recor d clear- either a “yes” or “no” box on a has become a record keeper for Mrs. McCrearv told police two re Ri s tration card. came m iHp    and    I But aBer consulting ly shows that in far too many men came to the door began asking about an ment. She said she let them in and one of them pointed a gun and demanded monev. the bureau of labor statistics,    .    .    ... cases the guilty do not serve life with the interna revenue service, the L t , j L , Toning u    ,,,,v r> „ i u j ,    *    .    .but    are    released    back    into    soci- apart-|    members,    UM    Pres-labor department, the depart- ,, ident John Kammeriek amend- ment of agriculture, and the ( *' ed the proposal to substitute a census bureau.” Masters said     #    . negative check-off with a provi- “The small business man must M GZV I FISK VI No cinn    if    Hr*    rn\'io\rnH    nf    tFir»    fill Alif mnrn ♦hon    f    IAH    Att-    _    .    * The woman said the two then si ™ ,hat i( bp reviewed at the fill out more than 85 to IOO dif-‘ tied her and her husband back-ito-back with nylon stockings and the two men ransacked the five-room apartment. Mrs. McCreary said her husband was beaten before he was tied up. She was not hurt. end of one vear. a Probation Hearing Is Slated at Toledo Indian Rights, Deer Case Resolved ferent government reports year for the federal government.” “Each year Washington generates more than two billion pieces of paper — IO different TOLEDO — A hearing on the forms for every man. woman, revocation of the probation of and child in America,” Masters Kenneth Craig Willson, 23. Tole- said. do. was set for April 17 in Tama “The internal revenue service county district court Wednesday has 13.745 different forms and by Judge Louis W. Schultz. Will- f ()rm letters. The small business Choi ice on Tapes WASHINGTON (API - An Iowan on the house judiciary committee considering impeachment of President Nixon said just before the group voted to subpoena evidence that it had no choice in the matter. “I think our committee genuinely reflects tile anxiety of the nation to move ahead with By Alice Witosky TOLEDO — In a decision filed Wednesday, Magistrate J. E. Arends found Galley Wanatee, 43, of the Mesquakie Indian settlement, guilty of unlawful possession of deer meat in his deep freeze without a valid license. Arends fined W’anatee $50 and $6.50 costs. The $56.50 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 Indians on the settlement near Tama have the right to hunt and fish on their lands whenever they w’ant to. The Indians say they have that right. All Crimes Arends, in his findings of fact and law, stated. “This court holds Sac and Fox (tribal members) in Iowa are subject to all crimes and misdemeanors set forth in the laws of Iowa. There is no authority for them to pick and choose the laws they will obey. It seems they do not question the state’s jurisdic-t i o n in serious offenses against state law, but do question authority in certain offenses.” The charge filed against Wanatee was a misdemeanor, not a felony. Arends, finding the Sac and Fox in Iowa hold the settlement 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- j sion is inter-related, Arends said. In a hearing in March, Mullen testified he and other conservation 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 settlement. Deer Hide freezer disclosed two packages of deer meat in clear kages of deer meat in clear plastic bags. Wanatee admitted 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. I, the first day of the deer-hunting 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 provides 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 (I) The conservation officer had no authority to go onto the settlement and make an arrest; (2) Game laws do not apply to Indians 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 Indians 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 whenever they wished. Arends, for almost three weeks after the hearing in his court, has studied and researched 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 reservation, or settlement, as it is more accurately called. The fact that the federal government may have concurrent ju risdictions of certain crimes is immaterial, Arends said. In his findings, Arends said, “History records the state of Iowa and Tama county have exercised jurisdiction for at least IOO years. The first reported serious crime involved the State of Iowa vs. Black Wolf. On June 13, 1874, Black Wolf was arrested on the settlement 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 then, apparently, the state has taken jurisdiction at least of serious crimes.” A section of the Iowa code provides for an additional deputy sheriff, whose principal duty is law' enforcement on tho Sac and Fox settlement. Part of his salary is paid by the state and part by Tama county. The present deputy is Clyde Wanatee, a Arends said there are many misconceptions concerning the Sac and Fox Indians. In the hearing, the defense counsel referred to them as Aborigines. Actually they are immigrants, 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 decimated in the French and Indi os     4    , this inquiry without further de- son    is    to    show    at    that    time    why     m an needs 24 hours just to read    ......» c . -v tx n his    probation    should    not    be    re-    the tax guide from the IRS.”    vjrisky (D-Iowai Using the committee’s sub-Feld Favors    poena powers “is demanded by Capital Punishment    , the " wful] >' inadequate    volun- n    tary response we ve been    wait- Michael J. Feld, Republican    ,ng so patiently for.” candidate for the nomination to “Although our patience has • ,l.    u n *    th,,    U.    S.    house    of    represent-    been worn thin by abrasive . ’. . atives in the Second district White House tactics, I think we speaking before the Epworth can issue a subpoena with Hie Jaycees, Thursday night, said best of motives, rather than as* he favors “reinstatement of a punitive and threatening action.” probation voked. The sixth judicial community court services has recommend-led the revocation. On. Sept. 7, ! 1973, Willson pled guilty in district court to assault and battery and was sentenced to 30 sentence was suspended during good behavior. Willson had been indicted by a Tama county grand jurv and ...    .    .    . charged with assaulting Elmer chital punishment Roberts, jr.. of the Mesquakie Indian settlement following an altercation between white men and Indians on Tarnal main business street. The charge was an was. r Ihe two tribes unit- later changed to the lesser in-ed and moved to Iowa some- eluded offense of assault and time after 1760. as Father battery’. Hennepin speaks of the Fox Willson has, since April I, Indians being in Green Bay at been serving ten days in the that date, according to a his- Marshall county fail for failure tory of Tama county by Chap- to pay child support and other man and the opinion of the payments to his former wife. Their marriage was dissolved May 23, 1973. RENT A NEW PIANO goo Only or Drayage subject to office approval All Rent Will Apply lf You Decide To Buy! S available at Hi It hru finer Mush (<>, for all ton, ort* at Handier Auditorium, iBii/rmti wivirs 116 SECOND SI KEET SE field solicitor of the department of Indian Affairs Jan. 4, 1974.” Thesis Drawings MT. VERNON — A show of pen and ink drawings by Cornell college senior Stephanie Rolufs, 1 member of the tribe. The code 1 New Orleans, will be held Sun-does not limit or define the day from 3 to 5 p.m. in Hedges Arends j Lounge of the Cornell Commons. The public is welcome to attend the opening. This is Miss! Rolufs’ senior honors thesis art show. It will remain on exhibit, through Saturday. law’ he is to enforce, found. Tama County Attorney Jared O. Bauch represented the state in the hearing last month. Don t Forget! FREE Polaroid Pictures of your •/ child with our Easter Bunny Saturday, April 12,11:30-1:30,2:30-4:30 ■FifthFloor Conference Room FREE    trea, tool quality is economy Your Grumbacher Artists’ Supply HEADQUARTERS TCtinqe/i'i PAINT-WALLPAPER CQCC ^foreside ■ ALE parking at 333 5th Avanut S.E. t I