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Cedar Rapids Gazette (Newspaper) - April 12, 1974, Cedar Rapids, Iowa Turner: Judges' Widows Qualify for Benefits By Frank Nye DES MOINES Surviving spouses of Iowa judges who died before the judicial retirement system went into effect July 1 1971, are eligible for benefit under that act, Atty. Gen. Rich ard Turner held Thursday. But they are entitled to bene fits only from (he effective dat of the act, he added. They also are entitled to 5 percent interest on the amoun due them, Turner said, since none has received payment o any benefits yet. Payment has been upheld by State Comptroller Marvin Selden pending Turner's opin ion, which Selden requested in a letter to the attorney genera dated Aug. 18, 1971 a weeks after the act became ef- fective. Selden Letter Turner's opinion was in repl} to Selden's letter and to another request from State Rep. Joan Lipsky (R-Cedar Rapids) for an opinion answering the same questions posed by Selden. Turner told The Gazette Thurs- day that "this was the most dif- ficult opinion I have ever writ- ten." One reason was that his research uncovered two diame- trically opposite Iowa supreme court decisions on similar ques- tions. Not being in a position to over- rule the supreme court, Turner based his opinion on the more recent decision. First Decision The first decision came in 1957 in Young vs. O'Keefe and the second in 1961 in the case of the City of Iowa City vs. White. "We have tried very hard to distinguish White from Turner said in his opinion, "be- cause White, decided in 1961, does not by its terms overrule Young, decided four years earli- er. "The similarities of these cases, which reach opposite con- a dilemma, particularly be- cause it seems presumptuous for the attorney general to con- clude that the state's highest court has overturned a decision so close to the point with an- other such which seemingly simply ignores it. (There is no mention of Young in White.) Repeated Failure "Unhappily, the general as- sembly has repeatedly failed to of the two cases is the one we must follow." Turner interpreted the Iowa act upon to clarify the dilemma. For all of these rea- sons, we conclude tiiat the later Sign Removal Phase Ended By Road Unit AMES The Iowa highway commission has completed the first phase of its project to remove illegal and abandoned Bill Would Supplement Incomes DES MOINES zation for (he department of The Cedar Rapids Gazette: Fri., April 12, 1974 iiuuci- uiierpreiea me lowa advertising signs adjacent to social services to su law setting out that "the sur-1 highways. income of needy Tnf> niTllPpf WHO In' Wnfl rfn nnt miolifir TA of a judge who was quali- fied for retirement compensa- tion under the system at the time of his death" to mean it applied to survivors of judges Crash Spree, 20 lowa City Cars Damaged IOWA CITY The Iowa City police department was flooded ivith calls Friday morning when 20 irate car owners reportec their vehicles side-swiped dur- ing the night. At last count, 20 ears, some sustaining extensive damage, were side-swiped in a five-block are near Mercy hospital. Mainly affected were cars )arked on both sides of Bloom- ngton, Lucas, Van Buren, Fair- child, Davenport and Johnson streets. Wife of Former East lowan Dies CENTRAL ?erreter, 23, wife of Marine 2nd William Ferreter, formerly if Central City, was killed Sat- urday in a traffic accident near Vashington, B.C. The couple lived in Triangle, ra., where Lt. Ferreter is sta- ioned. Services will be Saturday at 2 it Trinity United Methodist hurch, Albia. Geyer-Lewis fu- eral home, Albia, is in charge. elusions, have presented us with results Dial 398-8234. Want ads will help you find lost items, use them for quick Five Survivors DES MOINES (AP) Bills in the Iowa Legislature Thursday. Passed By Senate HF1200, To create an lowa admrnislra live procedures acl. il-1. To House for ac lion on amendments. SF1235, To regulate the manufacture and distribution of commercial feeds, 42-0 To governor. SFflH, To create a Spanish-speaking peoples study commission To gover nor. SF4.34, To provide SSOu.OOO for assis lance for the operation and establishment of community day care centers. 37-7. To house. SF1364, To increase the appropriation to the. state board of physical therapy ex- aminers from S2.63Q to 45-0 To house. SF13S5, To increase the salary of the director of the drug abuse authority f to 42-1. To house. SF1IM4, To permit state liquor stores to sell confiscated liquor. 43-1. To house. SF1367, To increase the appropriation of the natural resources council to waler management planning from S287.06B to 41-0. To nouse. SF1368, To appropriate to the educational television board to lease land for a television tower. 44-0. To house. HF1034, To appropriate funds lo plan a Capitol mall. 41-1. Ha governor. HF1300, To appropriate S12.0CO to the state auditor for increased costs of supplies. 40-3. To governor. HF1304, To prevent funds appropriated jo the department of health from revert- ing lo the general fund. 42-0. To governor. HFI453, To appropriale 51 million to the department of social services for the foster parenls program. 44-0. To governor. HF1468, To appropriate to the social services department for increased cost of fuel and food and for Hie pre-se To gov- tence investigation progra for Hie pre- m. 40-0. To HFI091, To permit motor vehicle regis- tration reciprocity. 39-0. To governor. KF1176, To permit licensure of health care facililies a conditional certificate of compliance with safety rules. 38-0. To governor. HF1178, To change the administration of the department lo soil conservation. To governor. HF531, To abolish Ine revolutionary war memorial commission 40-0 To governor HF733, To make changes in the law on Ine practice of medicine. 40-0. To gover- nor. HF215, To set qualily of pipe used for wster well construction. 4Q-Q. To gover- nor. HF462, To make changes in the munici- pal lort claims procedures. 40-0. TO house for action on amendments. SFI320, To legalize bond issue of the Harlan municipal electric plant. 43-0 To house. Introduced In Senate SF1375, To legalize a bond issue of the Jefferson Community school district. Judi- ciary. SF137fi, To exempt vehicle sales by jrivate individuals from the sales tax Clumba. Passed By House HFHBi, To provide that land acquired for a federal biologies facility at Ames will revert to the state if construction is not started by July 1979. 65-0. To HF1411, To authorize the department of social services to provide medical aid and ncome assistance to low income persons not eligible for federal Supplemental Se- curity income payments. 86-0. To senate. HFI470, To make numerous changes in he unified trial court act; and delay reallocation of magistrates among the cojnties until January, 1975. 72-10. To .enate. Introduced In House H F 1 4 8 7 To appropriate varying amounts to pay claims by 36 individuals and firms against tne state. Appropri- itions. HF148S, To give the board of acccun- ancy a supplemental appropriation of for increased salary and examina- lon costs. Appropriations. HF14G9, To appropriale S11B.5B7 to 'rovide an airplane for the attorney gen- office and for a study by the leneral services department of state 'gency aircraft needs. Appropriations. HF1491, To combine the stale historical society and department of history and archives into a single department of hi" lory and archives. Appropriations. State comptroller department officials told The Gazette Friday at least five survivors of judges will qualify for back pay bene- fits totaling more than not including interest, as a re- sult of Turner's opinion. Survivors receive one-half the monthly benefit the deceased judges were receiving or would have been entitled to receive at the time of death. The five survivors, including the amount each is entitled to for the period July 1, 1971, through March 31, 1974, but not including interest, are: Mrs. Floyd Philbrick, Cedar Rapids, Mrs. George Van Allen, Mt. Pleasant, less refunds of which must be deducted, leav- ing Mrs. Ralph Hasner, Waterloo, Mrs. Paul McCoid, Mt. Pleas- ant, less in refunds that must be deducted leaving and Mrs. R. L. McCord, Ames, Officials said more survivors may be eligible for benefits but ;hese five are the only ones who lave applications on file. aject" signs which were re moved incidental to this project The research signs have out lived their usefulness and were removed in keeping with the in tent of the beautification pro gram. The sign removal project was :arried out in February am March of this year by highwa; forces and was financed with 2i percent state funds and 75 per cent federal funds. conjunction with billboard con- trol legislation enacted in 1972 and involved removal of old, di- lapidated signs which wer barely legble. Most of this lypi was at the intersection supplemental persons federal security income who died before Ihe act became 5S WBS, the of primary highways and counh effective as well as those who .ave died since July Turners opinion also outlined rcmoVal of illegal am "ned signs to return amoi have refundeu ut a uu- ceased judge's contributions to become eligible for retirement benefits. Bond Reduced in Murder Case DES MOINES dis- trict associate judge Thursday reduced bond for a Des Moines man charged witli murder from to at the request of the suspect's' attorney. Associate Judge Howard 3rooks also ordered that Wal- ter Lynn Swenson be held in custody until a preliminary hearing scheduled for April 24. Swenson, 34, has been charged in connection with the shooting death of William Baehler, 52, a videly-known Des Moines busi- ness man, at a downtown tavern :arly Wednesday. Police said Baehler was shot n the head at point blank range n the Chez Quad lounge in the Savery hotel. Officers said the shooting apparently followed an argument. (SSI) payments was approved 86-0 by Ihe house Thursday. The bill goes to the senate. Ail measure to appropriate than million to the depart-i men! for the supplemental come payments was passed Her by the house and awaits! senate action. I Rep. Elmer Den Herder (R- Killian's Downtown and Lindale Plaza and Mall Shopping Center, lowa City WILL BE CLOSED SUNDAY, APRIL 14 FOR EASTER some Center) lowans said there are who formerly qualified for old age assistance aid to the blind or aid to the disabled who do not qualifj under a new federal law for SSI. The federal SSI program which went into effect Jan. abolished the old age assis tance, aid to the blind and aid to the disabled programs. The bill would authorize the department to give medical ak or supplementary income to an ndividual whose income is a year or less. The same kind of aid could be iven to families if their income after deduction of health care expenses does not exceed family member and member. for the second member for each other 30 YEARS AGO The Red army drove rapidly through the Siret valley of Romania toward he vital Ploesti oilfields. Jlic GMlar Sajribs feritc Established In 1883 by Tire Gazelle Co. and published dally and Sunday at 500 Third Ave. SE, Cedar Roplds, lowa 52406. Second Class postage paid at Cedor Rapids, Subscription rates by corrltr K cents eek. By mail: Night edition and Sunday 6 Issues a month, u ind Sunday 7 tear, other issues a month, 525 a yec states 'and U.S. territories 540 a year. No mail subscriptions accepted in areas The Associated Press is entitled exclu- sively to the use for republication of all the local news printed in this newspa- as well as all AP news dispatches. They're the way you like 'em! JEWELERS Cedar Rapids 200 2nd Ave. SE lowa Shopping Center e 26 TO 38 WAIST NO MORE REPEATED WASHINGS TO GET THEM LIKE YOU LIKE THEM! PRE-SHRUNK PRE-WORN ALL BOTTOM WIDTHS FROM STRAIGHT LEGS TO BIG .BELL BOTTOMS The biggest scene to hit town since streaking! (And, even streakers need something to start out Now, you can avoid the hassle of trying to make new jeans look old it's already done for you! No more begging Mom to bleach out your denims.. New, old jeans. What a discovery! Completely recy- cled and sanitized. What more could a guy ask for! Cedor Rapids: Downtown Street Floor and Lindale Plaia lowa City: Moll Shopping Cenler on Six ot Sycamore Killi ions Bright and beautiful pantcoats in 3 superb styles Immaculately Detailed Missy Pant Coats Breeze your way through Spring and look your best come rain or come shine in these rain and stain repellent pantcoats. Detailed coats come belted or not. Single or double breasted styling. Choose from an array of bold, beautiful colors. Sizes are 8 to 20. Oh, so stylish and practical! Cedar Rapids: Aisle Bar, Downtown Street Flopr and Lindale Plaza lowa City: Mall Shopping Center on Six at Sycamore
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