Cedar Rapids Gazette, November 5, 1974, Page 9

Cedar Rapids Gazette

November 05, 1974

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Issue date: Tuesday, November 5, 1974

Pages available: 48

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Next edition: Wednesday, November 6, 1974

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Publication name: Cedar Rapids Gazette

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Cedar Rapids Gazette (Newspaper) - November 5, 1974, Cedar Rapids, Iowa Report Shows Demo Fund Spending Tops Republicans WASHINGTON (AP) Ac- cording to n report released Monday by Cnminun Cause, Democratic candidates In four of six Iowa congressional races liuvc raised more money than Uielr Kepnblican opiionents. And in till but the First dis- trict race. Democrats have spent more than their Republican counterparts, ac- cording to Common Cause's campaign monitoring project fnirn reports Filed with the secretary of the U. S. senate and the clerk or the U. S. bouse. The reports generally cover the period through Oct. 14. HI74, some 22 days before the general election. The analysis covers the 11. S. senate race and all races for bouse, except district Four. Culver at Top Hep. John Culver was the top fundraiser with and the top spender with lie is facing State Rep. David Stanley of Muscatine for the U. S. senate seat to be vacated by Sen. Harold Hughes Stanley was listed with con- tributions of and ex- penditures of Of the five U. S. house races the project had reports on, Hep. William Scherlc (R-Iowa) was the leading fundraiser with but had spent only His Democratic opponent for the Fifth district scat, Tom Ilarkln, an Ames lawyer, has outspont Scherlc with Harkin was listed as having contributions of Outspcnt (Jrassley The only other Republican candidate to draw more funds llian his Democratic opponent was state Rep. Charles Oassley in the Third district. He had contributions of compared to Rapp, however, has outspent Grassley to The only Republican to out- spend his opponent was James I.each of Davenport In the First district. The report listed In expenses and con- tributions for Leach. Ills opponent, first-term Congressman Kd was reported to have received and spent The report said the analysis included only candidates whose reports Were on file as of Oct. 25. The only race not reported Fourth district matches Republican Chuck Dick against incumbent Democrat Neal Smith. U.S scnuic race-----Culver reports individual I'Ciiitrlbulloiis of 81011 nr less loialllTiK Thlrty-lhrco persons were listed as contrllmllns or more with Hie larKesl contribution Ijc- Jut; from Maurice Templeman. New York attorney Four other per- sons, including two lowans, were shown lo have contributed each Uibor Kroup totals amounted to and Democratic party committees Have Stanley has received from Republican parly committees lie was listed us dontitlnu to his own campaign and euch was received from both C. Maxwell Stanley and Stanley, his imrcnts. In all. there were J7 Individual con- Irllmllons of or more Contribu- tions of were donated by In- dividuals In amounts of or less. House First district: rccicved from individuals con- iribullni! or less and Leach Labor nave to Moz- vinksy and Die Democratic party Largest contribution to vinksy was from Hes Moines businessman Joseph noscnficld. Loach was listed as contributing lo his own campaign and he received from Republican party committees. No labor contributions were listed. House Second District Uetnocral IMIchavl Hliiuln listed receipts of and expenditures of Hlonln received in contribu- tions of or less. A total of was donated by his sister and brother- in-law Three other contributions of were listed. Loans to the lilouln campaign totaled including from Suzanne Ulouin. his wife, and from iilouln himself. Labor uroups contributed and from Democratic parly groups. Ulley reported contributions of and expenditures of Of the contributions. came in sums of or less. The largest single conlribulion was by Ucrtild Ovel of Cedar Rapids. Itepnbliean parly committees contributed the Iowa affiliate of the American Medical Association and IHl'AC, founded by the National Association of Manufacturers House Third district: (jrassley received In contributions of or less He save to his own campaign, the only conlribulion from an individual more than Republican party commlltees con- tributed business Interest groups the Iowa affiliate of the American Medical Assn. and came from the Commlllee for (he Survival of a Free Congress. Rapp received from In- dividuals hi sums of or less. Ills largest contribution was from DCS Moines businessman Joseph Rosenfield. Happ contributed and loaned an additional to his campaign IDs parents, John and Beverly Rapp. Ccdur Falls, contribut- ed and loaned Three other contributions between and were listed. Labor groups were listed as contributing and Democratic party committees The National Committee for an Effec- tive Congress gave and three other groups each. Court Hears Home Rule Case By Harrison Weber DBS MOINES (IDPAl supreme court is being asked to give the "home rule" amendment to the Iowa consti- tution "a liberal, living in- terpretation so that it will be a polestar of the cities' rights to self-determination in Iowa for decades to come." That's the plea of attorneys representing the League of Iowa Municipalities and -the city of DCS Moines in formal briefs filed with the court preparatory lo the court hear- ing oral arguments in the case on Tuesday. The league, the city of DCS Moines and the highway com- mission, are appealing a decision in late 1937 by Polk County Court Judge Gibson Holliday which struck down many sections of a home rule bill enacted by the 1972 legislature, saying they are unconstituional and void. The suit was initiated by a group of Des Moines residents who feared that a north-south freeway was going to be built in Des Moines which might af- fect their property. Gave Authority The Des Moines residents argued that the home rule bill gave the highway commission authority, which it previously did not have, to construct a freeway in any city in Iowa, including Des Moines, without the consent of that city The highway commission has denied that the home rule bill delegated a new authority to the commission. It has been the position of the highway commission throughout the case that it lias had and does have the authority-to construct primary road extensions within municipalities whether or not they wre of freeway design and whether nr not the highway commission is acting alone or in cooperation with the municipality. In ruling that portions of the home rule bill arc unconstitu- tional, Judge Holliday held that from Nov 7, 1968, the date of adoption of the 25th amend- ment to the Iowa constitution, any statute enacted by the legislature inconsistent therewith is void. Judge Holliday held that prior to the home rule bill, in 1972, the highway commission did not hiive authority to cons- truct n freeway through Des Moines without the consent of the city, but after the home rule bill had been enacted, the highway commission had the authority to construct a freeway in Des Moines without the consent of the city. The highway commission counsel argues Ihere is "no justiciable controversy" between the plaintiffs and defendents. Can't Levy The commission's attorneys say under Iowa constitutional provision for home rule, municipalities cannot levy taxes without authority of the general assembly, municipali- ties' authority extends only to local affairs, and Ihe legisla- ture still has Ihe authority to legislate on municipal matters and municipal laws or or- dinances cannot lie inconsis- tent with such legislation of the general assembly. They contend (hat Ihe home rule bill enacted in 1972 is con- stitutional 'because it is the lype of legislation by the general assembly in reference lo municipal affairs which is permitlcd by the 25th constitu- tional amcndmcnl.'' Furthermore, Ihey say Ihe conslilullonal amendment on home rule does mil alter Ihe Iowa highway commission's iinlhorliy and ri'sponslbillly lo construct primary road exlen sions within a municipality "because such is of state-wide concern." City Power In ruling numerous sections of the home rule bill unconsti- tutional, Judge Holiday held that certain powers had been conferred on cities and lowns by prior legislative grants before Nov. 7, 1968. The court declared that each of the home rule statutes were consistent with the 25th amendment. Ac- cordingly, Holliday said, they were established on Nov. 7, 1968, in cities and lowns when (be Dillion rule was then totally abolished. he said in the ruling, "all pre-existing home rule powers and authority of all Iowa city councils, all of pre-existing duties lo their ci- tizenry, and all pre-existing home rule (lowers, privileges and rights of such citizenry, were beyond the power of the Iowa legislature to directly or indirectly supplant, restrict, limit or withdraw." Attorneys for the league and the city of DCS Moines contend in oheir written briefs thai the precise question to be resolved in this case is Ihe meaning of the following language: "Municipal corporations are granted home rule power and authority, not inconsistent with the laws of (he general assem- bly." Not Prohibit They contend that this lan- guage means that cities are granted plenary power of self- determination as limited by the laws of the general assem- bly in existence at the time the power is exercised. The cons- titutional grant of home rule power, they say, is self-execut- ing in that it does not depend upon any act of the legislature. It's their contention that Ihe 125th amendment on home rule did not prohibit the legislature from repealing in 1972 most of the chapters in the Iowa Code on cities and towns. In seeking to overturn the lower court, decision, the league of municipalities and Ihe city of Des Moines, contend the grant of powers to the cities flows from the constitutional amendment and not from legislative acts. "The evil that was sought to be remedied was the depen- dence of the city on affirmative action by the legislature beef ore the city could the league and city of Des Moines slate in their legal brief. "failure of the legislature lo act or delay in acting hand- cuffed the cities. The remedy was to give cities in Iowa home rule power to determine local affairs without having lo wait for the power lo come from legislalive enactment. However, cities were not to- lally and completely free of the legislature, the home rule power could limited by an affirmative act of the general assembly. Future Importance "The importance of the decision of the supreme court in this case as to future exer- cise and use of Ihe power of home rule cannot be over- emphasized. Nearly a decade has passed since the 25th amendment was drafted and passed for Ihe firsl time. The legislature and the people have made their input, the cities are beginning lo take the initalive in matters of local concern. "Th'e complexity of city government burdened with constant demands for more and more service is increasing. It is imperative that cities be allowed lo set their own pace1 in meeting these demands. "The power of self-deler- mination of local affairs can become a reality if home rule means what its farmers and the people thought it concluded the lawyers for the league and city of Des Moines. Conference to Discuss Improving Life of Elderly IOWA CITY A wide range of topics focused on improving the quality of life experienced by the elderly will be discussed at an Iowa regional conference on aging to be held in Davenport at Ihe Holiday Inn, on Nov. 20. The Davenport meeting, one of eight regional conferences being held in the state, is es- pecially for residents of the following counties: Benton, Linn, Jones, Iowa, Johnson. Cedar, Washington, Musca- Unc, Scott and Clinton. The conference is designed for a wide variety of persons, including senior citizens, physicians, social workers, nurses, allied health person- nel, special educators, home economisls, clergymen, hos- pital administrators, county extension service directors, nursing home administrators, health planners and communi- ty leaders. Registration information can still be obtained by writ- ing lo director of conferences. Iowa memorial union, the Uni- versity of Iowa, Iowa City, Iowa 52242 (Phone: 319-353- 5505) or by contacting an area agency on aging. Directing the conference is Dr. Woodrow W. Morris, as- sociate dean of the University of Iowa college of medicine and chairman of the Iowa commission on aging, which is cooperating in sponsoring the programs with the U. of I. off- ice of continuing medical ed- ucation. A seafood selection that When it's fish you're yearning for, Bishops is the place for you. Our ever-changing selection includes Red Snapper, South African Whiting, Filet of Sole, Perch, Haddock, Walleyed Pike and Baked Turbot Amandine Fish another of the foods that bring you back to Bishops. Stop in soon. BUFFET Undale Plaza CAFETERIA Downtown Not Guilty Plea Sentence To Robbery Charge in Manslaughter Dept. Muin Floor Elmer Hoberls, jr., TOLEDO-Dlsticl of the Mesquakio Indian set- Judge Clinton E. Shaeffer tlemenl, pled- not guilty in granted a request to deferr Quality Birthstone Tama county district court to two-year sentence of a a charge of robbery with Gladbrook man, Gregg Antho-aggravalion in collection with ny Goos, 21, who was Ring the Oct. 17 hijacking of a Aug. 30 by a Tama Iruck loaded with hogs on grand jury and charged with highway lour miles wesl manslaughter and drunk driv-of Turnu signify Robert's trial date was set Goos, who had pled guilty to for Dec. At the request of the manslaughter charge, love Ik Robert's attorney, Schaeffer placed on probation to Ihe 13u-granted his trasnfer from Ihe reau of Community IP Tama county jail lo the Area Services and is to enroll VI services center in Mar- rehabilitation and ff n c jff fU shalltown. He was ordered to in Iher Area VI services r 5 f file a personal appearance ter, with 1 stone bond of Goos also pled guilty Ward. also of week to Hie drunk 00 for each additional stone the settlement, was granted a charge, and was fined court appointed attorney. Both charges stemmed 10 karar yellow or white gold bands signify Judge Shaoffor set Nov 15 for a July 27 accident two and wife joined together with a synthetic Ward to plea on charges of east of Gladroook in which of the month for each child in the family. Mother armed robbery and resisting son Jiroutek, 3, son of Mr wear it with pride and cherish it forever. execution of process. Mrs. Larry Jiroutek of Kapids was fatally Your Mother's Ring ON THIS DATE in 1969, Chrisfmas. ti-war demonstrators were ON THIS DATE in 1964, driven away from a research U.S space probe, Mariner laboratory at Massachusetts Three, was launched Our Layaway Plan Now. Institute of Technology by Mars, but failed due to a Open Wed. 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