Cedar Rapids Gazette, May 10, 1974, Page 7

Cedar Rapids Gazette

May 10, 1974

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Issue date: Friday, May 10, 1974

Pages available: 69

Previous edition: Thursday, May 9, 1974

Next edition: Saturday, May 11, 1974

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Publication name: Cedar Rapids Gazette

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Cedar Rapids Gazette (Newspaper) - May 10, 1974, Cedar Rapids, Iowa the Cedar Kapids Gazette: Fri., May 10, 1974 Deer Meaf Case U.S. Assistance Is Asked By Alice Witosky TOLEDO A Marshalltown attorney for Gailey Wanatee, 43, of the Mesquakie Indian settlement near Tama, told Judge Harold D. Victor in Tama county district court Wednesday the Sac and Fox tribal council on the settle- ment wants a United States at- torney to assist in the Tama hunting rights case. Appearing with the attorney at the counsel table was Don- ald Wanatee, secretary of the tribal council. Gailey Wanatee was not present. Gailey Wanatee was found guilty in April by Magistrate J. E. Arends of unlawful pos- session of deer meat, a non-in- dictable misdemeanor. He was fined and costs. Unrestricted The attorney filed an appeal to district court in Tama county April 16, appealing the judgment and sentence ren- dered against Wanatee. He claims the Indians are entitled to unrestricted hunt- ing and fishing within the boundaries of their settle- ment. Wanatee was accused on Feb. 8 by Conservation Of- ficer Robert Mullen, Toledo, of having the deer meat in his freezer without a valid li- cense. The deer season was open from Dec. 1-5 inclusive., The attorney said no charge was made of a hunting violation, but the question of illegal pos- session is inter-related. The attorney indicated the tribal council would like the case transferred to federal court and possibly two months would be needed to prepare and transfer the case. Victor said it is agreeable with him if the U.S. attorney wants to appear as additional counsel in the case and he is willing to delay the case for a reasonable time, but, he said, he believes all cases should be Vinton Optimistic On Sewage Plant By Jane LaGrange VINTON The Vinton city council received good news at its meeting Thursday night about the city's proposed sew- age disposal plant. Harold Bogert, Green Engi- neering, Cedar Rapids, told the council the city of Vinton is now 68 on a priority list to receive federal funding. There are approximately 250 Iowa cities and towns on the list. First Step He said the city could proceed step one in the project, which is an infiltration study, and may expect to receive fund- ing assistance after June of this year. His most optimistic estimate of completion of the new plant would be the fall of 1977, provid- ing plans and funding proceed without interruption. The council accepted low bid on a new fire truck from Toynes Iowa Fire Truck service, Breda, for The bids were submitted at the last regular council meeting and specifica- tions were checked by the of- ficers of the fire department. The council will let bids on a chassis for the truck at a later date. June 13, was set as the bid let- ting date for purchase of a package sewage treatment plant for the McDowell sub- division in southwest Vinton. Revenue Sharing The council approved the 1974- 75 revenue sharing fund use report as follows: allocated for city hall remodeling project. for the new fire truck. An amount up to was authorized by the council for city beautification. The projects to be funded include planting trees on the Fourth street island and planting a honeysuckle hedge along the railroad tracks at the west end of Eighth street. Recommendations, for these two projects had been received [rom landscape architects at, Iowa State university, Ames. processed in court without delay. Vietor said he has no au- thority to transfer the case of a misdemeanor to federal court. He set the time for trial on the appeal for July 17 when Judge James Carter will be presiding in Tama county. Judge Vietor gave permis- sion for the Native American Rights Fund of Boulder, Colo., to provide an attorney, be- sides the U.S. attorney, to ap- pear in the case. Wanatee's attorney said the Sac and Fox tribal council believes the Indians are en- titled to federal support and assistance because the case involves the'treaty right of the Sac and Fox tribe of the Mis- sissippi to hunt on their lands without that right being inter- fered with by the state of Iowa. Clarify Treaty The tribal council, he said, requests the Bureau of Indian Affairs anil the solicitor's of- fice to seek assistance of the U.S. department of justice and the -U.S. attorney for the district of Iowa in the defense of Wanatee and the clarifica- tion of the treaty in question., Howard C. Davenport is chair- man of the tribal council. In Magistrate J. E. Arends court, Tama County Attorney Jared 0. Bauch said the Indi- ans of the settlement own their own land and have no greater rights to hunt and fish in this state than other citizens of the state. The state game laws are the same for them as for other residents of the state, he said. Arends, in his decision, said he holds that tribal members in Iowa are subject to all crimes and misdemeanors set forth in the laws of Iowa and there is no authority for them to pick and choose the laws they will obey. "It seems they do not question the state's ju- risdiction in serious offenses aginst state law, but do ques- tion authority in certain of- Arends said. At the hearing in magis- trate's court, Mullen testified he and other conservation of- ficers obtained a search war- rant after they saw a deer PERENNIALS Field Grown Clumps Blooming Reedy to Bioom FRESHLY DUG Large Variety to Choose from Creeping Phlox Red Green Blue Bells Hen Chicks Blue Salvia Iris Cor.albells Memorial Day Blue Salvia Lily of Daisies Gloriosa Daisy. the Valley Shasta Daisies Ferns Buttercups' Blue Flax Coreopsis Your Choice 1 each For Those Hard to Find it ems Shop Peck's TOMATOES Roma Paste, Yellow Pear, Ox- heart, Early Girl, Better Boy, Tiny Tim and all the old Standbys. PEPPERS Hot-Red Chili, Hungarian Wax, Hot Banana, Pimento, Jalapino Ground-cherries, Sweet Potato plants, Cucumbers, Broccoli, Cauliflower, Bib Lettuce, Cantaloupe plants. Flower Plants petunias, marigolds, salvia 69 a packet Rhododendron and Azaleas Loves Shade Bloom Bird Baths and many other lawn ornaments. FLOWER GARDEN SHQP LANDSCAPE DESIGNERS AND CONTRACTORS 5008 Center Pt.RiUE. hide outside Wanatee's home after the hunting season was closed. He had received re- ports of deer poaching on the settlement, he said. A search of the freezer dis- closed two packages of deer meat in clear plastic bags. Wanatee testified the meat was from a deer killed by his 16-year-old son Dec. 1, the first day of the deer-hunting season. The son had no hunt- ing license, Wanatee said. Wanatee said he, himself, had no license either. Kenneth Youngbear, 65, tes- tified in magistrate's court that the Indians own their land and it is held in trust for them by the U.S. department of the interior. He said the In- dians have always hunted and fished without licenses within their boundaries whenever they wished. JNI Curriculum Proposals Okayed COUNCIL BLUFFS (UPI) Several curriculum recommen- ations for the University of Northern Iowa Thursday were eferred for further study to iie state's inter-institutional ommittee on educational coor- dination at the board of regents neeting here. The recommendations include iroposals for a major in the caching of religion in secondary chools and master's programs in foreign languages and in the caching of English as a foreign anguage. UNI Provost James Martin aid the recommendation for the caching of religion was added lecause of a new interest in that area by secondary school admin- strators; Jesup Girl Dies Following Crash WATERLOO (UPI) A-traf- ic accident in eastern Black Hawk county Wednesday took ts second life early today when Pristine Hart of Jesup died at a hospital here. Her mother, Mary Hart, 29, vas killed after a two-car crash >n Wednesday IVz miles west f Jesup on U.S. 20. The other driver, Russell Crug, 20, Littleton, escaped with ninor injuries. Supervisor Candidates Air Views CENTER POINT County roads and intergovernmental cooperation were the key points expressed Thursday night at the Linn County Municipalities Assn. meeting here. Guests for the evening were candidates for Linn county su- pervisor. Appearing in person were Paul Huber, Loren Ca- pron, Tom Neenan, Larry Read- ing and Don Gardner. Stan Ginsberg, sent a representative. Ginsberg's letter, read by Suki Cell of Mt. Vernon, said he toped to establish an employ- ment referral service in the courthouse for county job open- ings. This service could be uti- lized with existing employes at no additional cost. Spending Practices Reading cited his experience in working with county engi- neers and road construction and maintenance employes, and also maintained that the county is going to have to look at its spending practices. Capron also stressed the need for good county roads, not only for the farmers, he said, but also because good county roads will improve the economics of the small towns within the county. Neenan said he believes board members should serve full time and be available to the taxpay- ers more often. He also cited his many years in various public elected and appointive offices, and said he felt county business is big business and needs a busi- ness man in the position. Don Gardner, former Cedar Rapids council member, also cited his many years of experi- ence and advocated more inter- iovernmental cooperation. "I pledge you my full time, open mind and open he added. Paul Huber said he will, if elected, try to make.this a bet- ter county. "There is no corrup- tion at the 'courthouse at the present he said, but in- dicated that such practices might seep down from Washing- ton. In another portion of the pro- gram, Elaine Gundacker, field representative for the Iowa League of Municipalities, noted some 400 cities in Iowa still have not adopted portions of the lome rule bill, and said of the Dill "it is probably one of the most revolutionary documents in our state." Aide Blasfs Iowa Prison Official By Harrison Weber DBS MOINES 11DPA) The warden of the Fort Madison penitentiary, Lou V. Brewer, is the object of sharp criticism in a report issued Friday by State Citizens' Aide Thomas Mayer. The case involves a lifer at the prison, with no chance of parole, having the only visitor on his approved list of visitors removed without a satisfactory explanation. That happened last December. Some five months later the visitor was reinstated, but Mayer feels this happened only because Brewer became con- vinced the citizens' aide office would persist in the matter until a satisfactory explanation was received or the visitor was rein- stated. What makes the case unusual is that the visitor was removed because she was the mother ol another inmate and was on his visiting list. But when Mayer began investigating, he discov- ered the visitor's son had been released from prison. Made Recommendation Since it appeared the stated reasons for the remvoal were not valid, the citizens' aide made an informal recommen- dation that the visitor be rein- stated. Warden Brewer, however, ad- vised Mayer at that time he would not reinstate her because to do so would endanger the se- curity of the institution. This prompted Mayer to request spe- cific information as to how this would so endanger the institu- tional security. Brewer replied such information could not be given in order to protect infor- mants. When asked finally, after a series of meetings, for substan- tive evidence on the refusal to reinstate the visitor, the warden produced what he referred to as the "unclosed incident and in- vestigation which con- tained "snitch kites (messages) and informant, information." There were several matters contained in the file which were revelant to the matter at hand, Mayer reported. The citizens' aide reviewed the file and con- cluded that, although r e 1 e- vant, the material did not suf- ficiently justify removal of the visitor from the inamate's ap- proved visiting list. Warden Agreed The citizens' aide recommend' ed the visitor be restored to the approved list. The warden, at his time, agreed, contingent upon a meeting being arranged with the visitor to discuss the matter contained in the "in- cident" file. A meeting was ar- ranged, the citizen drove from Ceokuk, some 20 miles from Fort Madison, but the warden's secretary said the warden was not available, and neither was he deputy warden nor the director of treatment. When asked who could be contacted or information, the warden's secretary replied, "I don't mow." She advised that the peniteni- ary administration were in a meeting downtown and could not be reached by telephone. "It appeared the warden's secre- ary was in charge of the peni- Mayer states in his report. Subsequently the visitor met with the prison staff and hei visting rights were officially reinstated. In conclusion, Mayer notec this "apparent attitude of a lack of willingness to cooperate, as is dictated by a statute, is nof prevalent at the penitentiary ex :ept among higher level ad ministration officials." Warden Brewer was giver seven days to respond to Mayer's report; he did not do so in that time period. Found Innocent TOLEDO A Tama county district court jury reiurned a verdict of innocent in the case of David James Warnell, 19, Marshalltown, charged with re- ceiving or aiding in concealing property valued at more than 20 belonging to Lyle Sienknecht, Clutier, Feb. 14, knowing it was stolen. AUTHENTIC LOOK OF FASHION Take a pair of Levi's blue denims cow-hand style or slip into a pair of bell bottoms. Add a matching Levi's jacket for a great fashion, look at small money. Right on! Jackets and pants made from 100% cotton. Jacket in sizes 36 to 50, pants in waist sizes 29 to 42. Jacket Pant.. 11.50 tevi's ARMSTRONG. BOYS' STORE THIRD FLOOR quality Is economy Hearing May 17 on Iowa Data Action IOWA James Carter has set May 17 at 3 p.m. as Hie hearing date in the action jrouglit by the Johnson county board of supervisors against Iowa Data Processing, Inc., Cedar Rapids, and Johnson Au- ditor Delorcs Rogers. At issue Is the question of whether Mrs. Rogers, as com- missioner of elections, can le- gally enter into a contract with Iowa Data for election lists and registration. The board has contended she may not do so without its ap- proval. Lobbyist Spending Figures Reported DBS MOINES (AP) Finan- cial disclosure records filed with the secretary of the sen- ate and the chief clerk of the house show special interest lob- byists spent during the first three months of the 1974 Iowa legislative session. Most of the money was spent for wining and dining state rep- resentatives and senators. The total spent on the 100 representatives from Jan. 14 through March 31 was listed as For the 50 senators the figure was The largest outlay by any single group during March was the reported spent for lobbying in both houses by the Iowa State Bar Assn., the state's major organization of lawyers and judges. Youth Apprehended Clayton county Deputy Sheriff Lee Brady ap- prehended a 17-year-old McGre- gor youth Wednesday after re- ports someone was firing from a car on the Great River road be- tween Clayton and McGregor. Time-Out" Casualwear by Farah... the new unstructured blazer! 30 JUSt navy brown bolllc green It's new. It's good looking. It's inexpensive! Farah styles the "Time-Out" blazer for the man who wants to look at ease. Smart contrast stitching gives this coat a fashion touch. Made from 100% Encron po- lyester in regular sizes 38-46, long sizes Pick 'yours out tomorrow. ARMSTRONG MEN'S CLOTHING THIRD FLOOR quality is economy ;