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Cedar Rapids Gazette: Tuesday, May 28, 1974 - Page 9

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   Cedar Rapids Gazette (Newspaper) - May 28, 1974, Cedar Rapids, Iowa                                The Cedar Hapids Gazette: Tues., Slay 28, 191-1 Dam Fund Drive Begins at Delhi By Mary Hcllu DELIII-An all-out effort to raise additional money to pur- ase and maintain the jlhi hydro-electric dam was itlined by Richard Donalmc at meeting Sunday at Freddy's each. Donahue, a West Union attor- and president of the ncwly- association, Lake Delhi ccrcation, Inc., presided over crowd of about 150 persons at e informal gathering. His ap- rovcd plan calls for volunteers contact the 800 to cabin vners and renters in the ap- roximalc 10-mile stretch of the ake Delhi area. Certificates The volunteers arc "to con- ict friends and neighbors am cc if they arc interested in .irchasing membership certifi ates in the salt onahue. Each certificate costs 1th ten percent down and the alance due "if we go ahcac nd buy the according to ionahue. Purchase of the certificates if> ot limited to Lake Delhi peo le, he explained. "Anyone whi uls a boat in the river here o: s interested in keeping the laki rea in its present condition i velcome to buy he said tickers reading "I'm a dam wner" will be issued to certifi :ate holders. Tax Deductible Since the organization is non irofit, Donahue believes th certificates are. lax dcduclibl Valerie Lasley, left- Iroirr, '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 run- ner-up. Others competing included, back row, from left, Connie Rae Blackcloud, Eloise Las- ley 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 Po'w Wow is the 59th annual event. By Harrison Weber DBS MOINES 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 band- ed down Wednesday, ruled that the state must prove that the defendant was sane at -the time of the crime. Ira Skinner, who is Sn charge of the prosecution unit in the attorney general's office, had a feeling the court was headed in this direction and Iliad so ad- vised the 9D county attorneys prior to tihe decision. Cash, Checks Taken From Service Station IOWA CITY Iowa City po- lice received a report of the theft of about ?700 in cash and checks was taken from the Riv- erside Shell service station a about 5 p.m. Sunday. A man, police said, enteret the service station and askec for directions. The altendani left the office area for a feu moments and when he returned be found the cash drawer open and the money bag gone. The court's five to four tie- :isiort involves the "M'Naugh- on Kule" of common law which s used by a majority of states determine Iwhelher insanity s an acceptable plea. The M'Naughton test says hat a person claiming insanity as a defense must (prove by a preponderance of evidence that .he" act was caused by mental disease which overcame or swayed the defendant's reason or judgment Jo the extent that destroyed his power to com- jrehend the natae or conse- quence of his act. But on studying the (English court decision the M'Naughton rule is based on, the Iowa su- preme court ruled the defendant is entitled to 'acquital leven if he knew what he was doing, but did not know it was wrong. In the last two murder cases Skinner handled on behalf ol the slate lie assumed this burden of proof "feeling that this was the direction thai the court was probably headed." The supreme court decision overruled Ihe 19GG conviclion of Donald E. Thomas of Cedai Rapids. Thomas had been given a life sentence for allegedly killing Jiis wife, Sharon Kay, ir 19G5. Thomas' sanity had beer the focal point of the defense u-oughout the trial. Defense a rneys for Thomas never re uted the 'prosecution's claim lat Thomas fired the gun whic illed his wife. "As far as the Thomas do .sion abolishing the JM'Naugl in rule, that is not Skin er said. "We will still I juided by the M'Naughton ru nd what it says (regarding th est for insanity." But, he added, instead of 11 efendant proving lie was Polllicol Advertisement Political Advertlsem BILL MARTIN Experience in linn Counfy Government1! Present member, Board of Supervisors. Previous Assisfanf County Attorney. VOTE MARTIN DEMOCRAT SV ane, the stale will rove he was sane. have nd there would be little, if any, cal estate taxes. Also as far as ability for the area is con- ornfctl, he said, "We are obli- ated to carry insurance and ny liability woule! go against he assets of the corporation." About of the antici- atcd goal of lias been cquircd by association nombers. This would be suf- icient to purchase the dam, alued at said Donahue, 'but not sufficient to maintain it or a number of years." Archie and Marcheta Coocy, wners of Kartwick Lake Marina, picked up the option o buy (he dam from UiVerne of Duhuquc. The option expired May 1. They now have a EKklay extension (hat expires on Aug. 1. Target Date However, Donahue has set a arget date of July 1 to have the necessary down payment for the purchase. "It's a light situation; very critical. But the response las been very he said. It would take about to to hire someone lo man- age the dam. One applicant has already expressed- an interest in the position, he said. Since the generating unit at the dam is made of copper, Donahue thinks this material could be salvaged and sold. About 531 acres covered by the lake, three acres near 'the dam and a house would be included in' the purchase of the darn. First option lo clear the title of property adjacent to the river, which was previously owned by Interstate I'owcr, would be "given to persons who own a membership in the asso- said Donahue. "Make Public" "What if we don't want to buy the asked a member of the audience. "Other people have indicated they might want o buy replied Donahue. Another person said, "When m buy you start dealing with individu- ils on their property, it should )e made public." Donahue noted there have )een about 20 meetings to re- solve the future of the area Against Incorporation. The group is composed of about 350 people, according to Mrs. Clif- ford First, co-owner ,of (he Rocky Nook Resort. "We are for the betterment of the she said in a separate interview. "Hut I buying the lake is the answer." Her group would prefer to see isomconc like Schiltz, "who has 'I think it is real he said. "1 think everyone ought to get behind this thing and make it really go. Some people th'S just want PUt to i -i auuai-uu don't think money ou'-but lhose days arc gone." since June, 1972, when Interstate ?owcr Co. sold the dam to La- Verne and Jack Schiltz of Dubu- que. "Some of these meetings have been a little he said. Oppose Purchase Some of the opposition to pur- the dam. Mrs. Kirsl said her group has paid about so far in attor- ney's fees. From his advice, she said she didn't think "anyone can charge for this land. I be- lieve wo have something similar lo 'squatters' rights.' Condemned Property "This was condemned proper- ty in the first place because of flooding. We own wherever the water comes to." Floyd Fisher, a land owner chasing the dam stems from an'near Freddy's beach, believes organization called Oil cnsjbuyini; the dam is the answer. Broken Water Pipe Aids in Fire Battle CHARITON (UPI) Fire Monday caused heavy damage lo the clubhouse at the Lake- view Golf and Country club here. Fire officials said the blaze apparently was caused by a smoldering cigarette in a chair and destroyed the wall paneling and portions of Ihc ceiling in a glass-enclosed lounge area. Fire Chief Richard Baze said a bro- ken water pipe helped douse the fire. Baze estimated damage at be- tween and Stafe Appeals Court Ruling on Welfare Aid DBS MOINES (UPI) An official of the Iowa attorney general's office says an ap- peal has been filed with the U.S. supreme court to over- rule a lower court's decision allowing an unmarried preg- nant 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 Lorna Williams, an aide to Attorney General Richard Turner, said she filed the ap- peal to reverse the rulings of Hanson and the circuit court of appeals. Mrs. Williams said the ques- tion should be settled in the highest court in the land he- cause 17 other states also are involved in controversies over ADC benefits to unborn chil- dren. 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 origi- nally the department allowed the payments but began refus- ing 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 ex- tended indefinitely, Mrs. Wil- liams said. DRIVE SAFELY -lilt pitta Established bv The Gozctlc Co. and published dallv and Sunday al 500 Third ave. SE. Cedar Rapids, lowo 55406. Second class postaoe paid at Cedar Rapids, Iowa. Subscription rates bv carrier 95 cents a. week. Bv mall: Nloht Edition and Sunday A" Issues 53.75 a month, a year: Af- ternoon Editions and Sunday 7 Issues a month, a year. Other states und U.S. territories a year. No Mall Subscriptions accepted In areas having Gazette carrier service. Associated Press Is entitled exclusively to the use for republicatlan ot all the local news printed in this news- paper as well as all AP news dispatches. People like you fl 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 CAFETERIA 321 First Ave. S.E. BUFFET 4444 First Aye. N.E. OUR SAVINGS AMOUNT soo seo 500 1000, Passbook Savings 5% with No Minimum MATURin RATE 3-month 6-month x S-year flVi% t --'FDiC substantial, for'l early wifhdrawal'prlor to maturity, Oefthe of interest you I fREE at of _ GUARANTY BAN1 TRUST CO. 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