Cedar Rapids Gazette, May 28, 1974, Page 10

Cedar Rapids Gazette

May 28, 1974

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Issue date: Tuesday, May 28, 1974

Pages available: 56

Previous edition: Monday, May 27, 1974

Next edition: Wednesday, May 29, 1974

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Publication name: Cedar Rapids Gazette

Location: Cedar Rapids, Iowa

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Cedar Rapids Gazette (Newspaper) - May 28, 1974, Cedar Rapids, Iowa GUARANTY BANK & TRUST CO. ★ VOTE ★MARTIN DEMOCRATFOR COUNTY ATTORNEY CAFETERIA 321 First Ave. S F. BUFFET 4444 First Ave. N E. 3rd St. A 3rd Av*. Downtown • 1819 42nd St. NC PHONE 362-2115 191 Jocolyn Dr.IS A VOTE FOR PROMPT, EQUAL ADMINISTRATION OF JUSTICE! Experience in linn County Government! Present member, Board of Supervisors. Previous Assistant County Attorney. The Cedar Rapids Gazette: Tues., May 2H, 1971    5 We’ll pay $1.10 for every $1.00 in pennies you bring to us, NOW through May 31st!People like you like Bishops Senior citizens like Bishops because they can build their own meal at their own price. So, whether they are hungry for a lot ... or a little . . . they find just what they want. Bishops is a place people like. People like you. YOU’LL FIND WE’RE JUST A LITTLE Dam Fund Drive Begins at Delhi Political Advertisement    Political    Advertisement —Photo by John Speer, Toledo Tama indian Princess Valerie Lasley, left front, 15, was named 1974 Mesquakie Indian Pow Wow Princess during ceremonies Sunday evening at the Sac and Fox day school on the Indian Settlement. She is the daughter of Mr. and Mrs. Victor Lasley. Her sister, Veronica, right front, was runner-up. Others competing included, back row, from left, Connie Rae Blackdoud, Eloise Lasley and Rhonda Keahna. The 1974 Pow Wow is set for Aug. 8-11 at the Pow Wow grounds, three miles west of Tama on old U.S. 30. [Tribal ceremonial dances are performed each year. The 1974 Pow Wow is the 59th annual event. Attorneys Expected Sanity Ruling By Harrison Weber DES MOINES (IDPM—Iowa prosecutors were not taken by complete surprise when the state supreme court reversed a time honored procedure that a defendant in a criminal trial had the burden of proving he was insane. The court, in a decision handed down Wednesday, ruled that the state must prove that the defendant was sane at the time of the (Time. Ira Skinner, who is in charge of the prosecution unit in the attorney general’s office, had a feeling the court was headed in this direction and (had so advised the 99 county attorneys prior to the decision. Cash, Checks Taken From Service Station IOWA CITY — Iowa City police received a report of the theft of about $700 in cash and checks was taken from the Riverside Shell service station at about 5 p.m. Sunday. A man, police said, entered the service .station and asked for directions. The attendant left the office area for a few moments and when he returned, he found the cash drawer open and the money bag gone. The court's five to four decision involves the “M’Naugh-ton Rule” of common law which is used by a majority of states to determine Whether insanity is an acceptable ptoa. The M'Naughton test says that a person claiming insanity as a defense must prove by a preponderance of evidence that the act was caused by mental disease which overcame or swayed the defendant’s reason or judgment to the extent that it destroyed Ins flower to comprehend the nature or consequence of his act. But on studying the ^English court decision tho M’Naughton rule is based on. the Iowa supreme court ruled the defendant is entitled to acquital even if he knew what he was doing, but did not know it, was wrong. In the last two murder cases Skinner handled on behalf of the state he assumed this burden of proof “feeling that this was the direction that the court was probably headed” The supreme court decision (overruled the 1966 conviction of j Donald E. Thomas of Cedar I Rapids. Thomas had been given a life sentence for allegedly killing his wife, Sharon Hay, in 1965. Thomas’ sanity had been the focal point of the defense tliroughout the trial. Defense attorneys for Thomas never refuted the prosecution’s claim that Thomas fired the gun which killed his wife. “As far as the Thomas decision abolishing the M’Naugh-ton rule, that is not true,” Skinner said. “We will still be guided by the M’Naughton rule and what it says {regarding the test for insanity.*’ But, he added, instead of the defendant proving he was insane, Hie state will have to prove he was sane. By Mary Hello    'and there would be little, if any,| DELHI-An all-out effort to real estate taxes. Also as far as raise additional money to pur-1 liability for the area is con-: eha.se and maintain the Lake cerned, he said, “We are obli-Delhi hydro-electric dam was gated to carry insurance and outlined by Richard Donahue at (any liability would go against a meeting Sunday at Freddy’s Iho assets of the corporation.” beach.    About $52,000 of the antici- I Iona hue, a West Union attor- pated goal of $ HK),OOO has been ney and president of the newly- acquired by association formed association, Lake Delhi members. This would be suf-Recreation, Inc., presided over ficient to purchase the dam, a crowd of about 150 persons at jvalued at $28,500, said Donahue, the informal gathering. His ap- “hut not sufficient lo maintain it proved plan calls for volunteers tor a number of years.’’ to contact the 800 to 1,000 cabin! Archifi and Marchesa Cooey, owners and renters in the ap- owners of Hartwick Lake proximate IO mile stretch of the!Marina, picked up the option Lake Delhi area.    1° buy the dam from Laverne Schiltz of Dubuque. The option expired May I. They now have a The volunteers are “to con-190-day extension that expires on tact friends and neighbors and Aug. I. see if they arc interested in1    Target    Date purchasing membership certifi-| cates in the association,” said! However, Donahue has set a Donahue.    target date of .July I to have the Certificates necessary down payment for the purchase. “It’s a tight situation; Each certificate costs $100, with ten percent down and the balance due “if we go ahead vcry critical. But. the response and buy the dam,” according to has been very good,” he said Donahue.    It would take about $9,000 to Purchase of the certificates is    to    hi™    someone    to    man- not limited to Lake Delhi peo- age the dam. One applicant has pie, he explained. “Anyone who already expressed an interest in puts a boat in the river here or the position, he said. is interested in keeping the lake ‘Since the generating unit at area in its present condition is tho dam is made of copper, welcome to buy them,” he said. I Donahue thinks this material Stickers reading “I’m a dam c°uld be salvaged and sold. owned by Interstate Power, i would be “given to persons who own a membership in the association,” said Donahue. “Make Public” “What if we don’t want, to buy; the land?” asked a member of| the audience. “Other people have indicated they might, want to buy it,” replied Donahue. Another person said, “When you start dealing with individuals on their property, it should be made public.” Donahue noted there have been about 20 meetings to resolve the future of the area; since. June, 1972, when Interstate Power Co. sold the darn to Laverne and Jack Schiltz of Dubuque. “Some of these meetings have been a little .stormy.” he said. Oppose Purchase Some of the opposition to purchasing the dam stems from an organization called Citizens Against Incorporation. T h e group is composed of about 550 people, according to Mrs. Clifford First, co-owner of the Rocky Nook Resort “We are for the betterment of the lake,” she said in a separate interview. “But I don't think buying the lake is the answer.” Her group would prefer to see someone like Schiltz, “who has the money and know-how,” buy the dam. Mrs. First said her group has paid about $4,000 so far in attorney’s fees. From his advice, she said she didn’t think “anyone can charge for this land. I believe we have something similar to ‘squatters’ rights.’ Condemned Property “This was condemned property in the first place because of flooding. We own wherever the water comes to.” Floyd Fisher, a land owner near Freddy’s beach, believes buying the dam is the answer. “I think it is real swell,” he said. “I think everyone ought to get behind this thing and make it really go. “Some people just want to enjoy this land and not put any money out—but those days are gone.” Broken Water Pipe Aids in Fire Battle CHARITON (UPI) - Fire Monday caused heavy damage I to the clubhouse at the Lakeview Golf and Country club here. Fire officials said the blaze j apparently was caused by a smoldering cigarette in a chair and destroyed the wall paneling and portions of the ceiling in a glass-enclosed lounge area. Fire Chief Richard Baze said a broken water pipe helped douse the fire. Baze estimated damage at between $15,000 and $20,000. owner” will be issued lo certificate holders. Tax Deductible Since the organization is nonprofit, Donahue believes the certificates are lax deductible About 531 acres covered by the lake, throe acres near the I dam and a house would be included in the purchase of thej dam. First option to clear the title of property adjacent to the river, which was previously1 State Appeals Court Ruling on Welfare Aid DES MOINES (UPI) - An official of the Iowa attorney general’s office says an appeal has been filed with the U.S. supreme court to overrule a lower court’s decision allowing an unmarried pregnant woman o collect welfare aid. Earlier, U.S. District Judge William Hanson of Des Moines ruled the term “dependent child” used in the federal laws was broad enough to include an unborn child. The U.S. circuit court of appeals in St. Louis upheld Hanson’s ruling. Turner Aide I/orna Williams, an aide to Attorney General Richard Turner, said the filed the appeal to reverse the rulings of Hanson and the circuit court of appeals. Mrs. Williams said the question should be settled in the highest court in the land because 17 other states also are involved in controversies over ADC benefits to unborn children. Court Order Although both courts have ruled Iowa must pay aid to dependent children (ADC) grants to pregnant mothers, the state department of social services is under a court order blocking the payments. Kevin Burns, commissioner of the department, said originally the department allowed the payments but began refusing them when Turner’s office received a stay order from the U.S. supreme court while the appeals court in St. Louis debated the issue. The stay order has been extended indefinitely, Mrs. Williams said. OUR SAVINGS STACK UP AS HIGH AS THE I AWA HOWS! Passbook Savings 5% with No Minimum MATURITY 3-mo mb 6-mo mb 1-yoor 2-yoar 2 Va-y oars 4-yoart RATE 5Va% SV,% A% .6% 6Y»% 7%% MINIMUM AMOUNT $ SOO 500 500 500 500 1000 DRIVE SAFELY ‘FDIC regulation* require substantial penalty early withdrawal prior to maturity. Got tho highest rate of interest whor^ you get FREE CHECKING at the Homo of tho Freol GUARANTY BANK! & TRUST CO. •trO Hi. St .tm    ■    IQI*    ISM    SI.    .Wit    ’    IMI    Jmrmlrm    Or. 'Flu (feline l\upiib (fhtjrHe Establisher^1M3 bv The Octette Co. and published dally and Sunday at SOO Third ave. SE. Cedar Rapids, Iowa 52406 Second class postage paid at Cedar Rapids, Iowa. Subscription rates by carrier 9S cents a week Bv mail: Night Edition and Sunday 6 issues $3.75 a month, $39 OO a year: Afternoon Editions and Sunday 7 issues $3.85 a month, $40.00 a year. Other states and U.S. territories $60 OO a year No Mail Subscriptions accepled In areas having Gorette carrier service. The Associated Press is entitled exclusively to the use for republication of all the local news printed in this newspaper as well as oil AP news dispatches. ;

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