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Abilene Reporter-News, The (Newspaper) - February 25, 1974, Abilene, Texas "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT S3HD YEAR, NO. 253 PHONE 673-4271 ABILENE, TEXAS, 79604. MONDAY EVENING, KEBHUARY 25, 1974-28 PAGES IN THREE SECTIONS Associated Press Court-Appointee Costs Up 647% (Slilf Photo by Don BUkley) DEFENDANT MUST BE IN JAIL lo quality for coiirl-appoinleti .aUorncy JOE DACV II licpurler-Ncws Staff ffi'ilcr The coui't-appoinlcd attorney is a new- comer Texas courtrooms. Slate law lias always required lhal an indigent defendant be afforded the right of counsel in a felony case. Whal is new is the increasing cosl of the process, which, in Taylor Conn- ly, has risen a whopping 047 per cent over Ihe last five years. Although there are restrictions on who is eligible for a court- appointed attorney, they do not seem lo have stemmed Ihe increasing cost in at- torneys' fees. "Only persons who are incarcerat- ed (in jail) can have a court-ap- pointed said 42nd Dist. Judge Don Lane. "BY A N D LARGE these peo- ple are indigent and they file an affida- vit to thai Judge Lane said. The court, he added, does make inquir- ies, but most of (be people who apply "don't have Judge Lane said. Judge Lane said he inquires as lo whether Ilic defendcnl's family can pay courl cosls, or if Ihe defendant lias made bail. In addition to these limitations, Judge Lane said, "I never appoint a lawyer for it is making a living. A lot of By BLUE RUCKER Double-Signed Streets Not on City Schedule Q. Does the city have any plans lo put street signs on" both sides of large streets such as Mockingbird, Ambler, Kaylcs, etc? This would sure help people looking for a street. A. traffic' Engineer Bud Taylor Ihink's-it would be nice loo but il would also double his cosls. Itighi'now, he's placing the new, big green refleclorized markers around town which should be easier lo spol. lie doesn't feel the co.st of double-signing streets other lhan Treadaway could be justi- fied in the budget. Does anyone here dip fiiniilnre to remove Hie old finish? They do il In Dallas and il (foesn'l cost as miicii as hand stripping. I've-got an old chair wilh layers anil layers nf paint on it that I'd like to refinish bill.don't wanl lo spend all dial (line if Hie uooil iimlcr- jiealh isn't any good. A. You're lucky. There's one man here who has the equipment, vals and chemicals necessary for (lipping. He says he can slrip paint or varnish off metal or wood furnilui e. Somehow.il cats away Ihe finish but not the furniture. When we called he'd just stripped 25 chairs so apparently it's nol a lengthy 'process. We've senl you Ihe name. Q. I didn'l lake Driver's Kil in school, now I'm 22 years olil and1 married and need my driver's license. Is it possible to take'the Driver's Ed course in (he public schools by paying Ihe same foe as Ihe .school children (In? A. No, that course is just for kids. The adull education program offers Driver's Kd. Winter classes arc already filled bill another one begins in March. Call Adult Learning Center at 673-6585. Abilene Christian High School has a summer learn-lo-drivc pro- gram and adults are welcome to develop driving skills along wilh a classroom of 15-year-olds. Q. I'm frying lo find the Dean Martin albums froin Ihe movie, "Silencers" for a relative who wauls lo complete bis collection of Dean Martin records and can'l find Ihcin in Holland where he lives. I called Ihe record shops here, two were onl of business, Ihe olhcrs wouldn't order records. A. Check again with the record shop in Burro Alley. If you catch them in just (he right mood, they'll .special order albums. The Weslgate slorc also offers Ihis service. P. S. No m'am, we slilt haven't found any pants creasers. Q. Yon had soniclhing in a column using liquid sysleinic in pecan Irccs (o get rid of bores. Can you use (he. same Ihlng in fruit trees? I'm new here, from New Mexico anil il's hard getting used lo all these bugs lint we like it here anyway. A. Good, because we'love new citizens from New Mexico. Action Line is a .trans- plant from the Land of Enchantment. Co ahead wilh (he systemic in your fruit trees or any other trees tormented by Hie awful borer worms. Bui wail till after the fruit is gone or you'll be owner of some of that pro- verbial "poison If (lie tree is in real- ly bad shape and you're afraid you'll lose it, go ahead wilh the 'systemic Ihis spring, just don't cal the fruit this year. Address questions to Aellon Line. Box HO, Abilene, Texas 18BO-I. Names will not be tisctl but questions must he signed anil addresses given. Please Include tel- ephone numbers If possible. 'Dome' Pulls In Cold, Clear Air First of live slorics people can pay an nlloniey because lliey can pay in installments." Mosl of the people who tell (he courl they are indigent are exactly thai, howev- er. As Judge Lane put it: "A lot uf these judgments are easy to make." But (he taxpayers bear tlie burden of those decisions. In (he last five years the amount of money paid to attorneys who represented indigent clients in Taylor County rose from in to last'year- ami totaled more than in five years. COURT COSTS in 42nd District Court accounted for 51) per cent of the fees paid to court-appointed attorneys, lOllh District Court, 33 per cent; County C'ourt- P61' Domestic Delations Court. 11 per cent. In 1073, lawyers made 209 claims for tlioir which can ;icrounl for one or more individual defendants handled by the attorney. These fees accounted for only two per cent of the county's general which they arc in In 1973 that figure rose to 7.2 per cent. Whereas in five, years the cost of county government has increased by about 80 per cent, total payments to court-appointed attorneys have increased by G47 per cent. Why this tremendous jump? Judge Lane cited several reasons: The increased number of drug cases over the past five years. More appeals in the courts. Some defendants, acutely aware of their legal rights, file motion after motion at the taxpayer's expense on the chance that Ilicy may be released on a (cclinicality. LANK said one tactic of such defendants is In claim that the court-ap- pointed altnrncy assigned la them was incompetent, thai they were not properly represented. An increased amount of fees were paid to attorneys with (lie realization that lawyers should not have to suffer financial hardship if they are required to defend clients who cannot pay them. However, lawyers interviewed said they, too, were acutely aware of Hie "nothing to lose" attitude of these defendants, and for that reason do everything possible in or- der to protect themselves froin the charge of incompelcncy. IN Tltr, TKXAS Legislature In- creased Die amount paid to court-appoint- ed attorneys from SIO to S25 per day on non-capital felony cases. In 1305, the legis- lature, upped the maximum to 550. Finally, in June -of 1073, the S5D mini- mum was established. Uefore the 1950s, lawyers gave their services for indigent clients without reim- bursement. Now Hie law requires minimum of not less than ?50 per day for a felony case, ?350 per day on appeals and per day on appeal of capital cases. Funds not exceeding per case for investigations and expert testimony are also available. In Taylor County, was paid for that purpose in 1973 in four cases. TIII5 PRIMARY reason for the increase in the amounts paid to court-appointed attorneys, Judge Lane said, is because officials realized the government's respon- sibility for paying a reasonable fee for court-appointed attorneys. Even these amounts do not compare with what a lawyer may be able to make on In's own, however1. Judge Lane said tlie Texas liar Assn. provides a recommended minimum fee schedule of not less than an hour or per trial day. "It lias certainly improved a Judge Lane said. "Now we can look a lawyer in the eye when we appoint him." Where did the court-appointed attorney system begin? The nation-wide requirement that courl- appoinled attorneys be named for indigent defendants developed from a Florida court case, Gideon versus Wainwrjglil, more than It years ago. During his trial, Clarence Earl Gideon, charged wilh breaking'into a poolroom with intent to commit a misdemeanor la asked the judge lo appoint an at- torney for him, citing the -Sixth Amend- ment lo the U.S. Constitution. "IN ALL CRIMINAL prosecutions. Hie accused shall enjoy the right. .to liave Hie assistance of counsel for his defense. The judge refused. Gideon was convicted, and eventually he appealed lo Hie U.S. Supreme Courl, which overturned Hie conviction declaring lhal Ihe Sixth Amendment provision did apply lo Ihe stales. Later rulings placed misdemeanors which miglil carry a jail term under the provision. "Gideon versus Wainwright was the im- petus furnished throughout Ihe U.S. and made the courts aware of their responsi- bility lo provide effective counsel for indi- gent Judge Lane said. TOMORROW: Taylor County attorneys discuss the court-appointed system. By JOK DACY II Itcporicr-Ncws' Slaff Writer A massive high pressure dome dominating the entire central portion of the country and ex- tending inlo Canada is creating fair and warm conditions for the Abilene area, forecasters at the National Weather Service said Monday. -the. i system, centered over the Dallas-Fort Worth area, is syphoning cold air into the region, but allowing temperatures to warm up in Ihe afternoon because of clear skies, said forecaster Jerry O'Bryant. O'liliYANT SAID there are no new on-land cold fronts on the map, and that weather condi- tions should remain virtually the same "for a couple of days." except for a gradual warming trend. The last cold front "turned up O'Bryant said, as it passed through Saturday after- noon. Because ol the high pressure system's effect of bringing cold air areas lo the south of Abilene reported colder temperatures Monday morning. liallinger reported an over- night low of 18 degrees, Winters, IS, and Eastland, 19. The over- night low in Abilene was 21. 'Shocking' Fact Fifteen thousand volts is enough electricity to make anyone sit up and take no- tice which many people .do after they walk across the carpet to net a drink of svater from a metal foun- tain. Static electricity, the hefty demon that waits for unsuspecting Abilenians, is discussed on Pg. 60. Amusements 7B Bridge 7A Business Mirror 12A .Cornics 3C Editorials 4A Horoscope.............. 7 A Hospital Patients 8A Obituaries...............3A Sporls 1 -2.8C To Your Good Health......6A TV Log 7B Women's News...........3B Ex-Nixon Attorney Enters Guilty Plea Balloonist Lost; Spanish Searchers Not Optimistic KL AAIUJV, Spanish Sahara (A1J) Spanish military offi- cials kepi up Ihe search today for American balloonist Thom- as Galeh Jr. despite dimin- ished hopes of success. After extensive searches by airplanes and helicopters Sat- urday and Sunday, officers in this Spanish territory in Africa reported no trace of Galen or Ihe pressurized gondola that look him on a try for the first Atlantic crossing by balloon. An army officer said mili- tary officials have little hope of finding Catch or his gondo- la, "but we will continue searching for him all Mon- day." Contact wilh Caleb, a 48-year-old bachelor, was tost Wednesday, but Spanish news agency reports in Washington said Ihe Spanish freighter "Meridian" had sighted the gondola at an altitude of about feel liear the coasl of Ihe Moroccan-Spanish Sahara bor- der lasl Thursday. Also U.S. weather experts predicted (latch's lasl known Court Rejects FTC Challenge Ily W, DALE NELSON Associated Press Writer WASHINGTON (AP) The Supreme Court today rejected a challenge to Ihe Federal Trade Commission's power lo make rules defining certain trade practices as unfair and deceptive and thus illegal. With Justice William 0. Douglas dissenting, the Su- preme Courl lei stand a deci- sion of Ihe Circuit Court of Appeals for Ihe District of Col- umbia, which held that the FTC does have such power. The PTC case arose out of a ruling issued by Ihe commis- sion in 1970 making it an un- fair practice for a service sla- lion nol lo post octane mim- bci'S on gasoline pumps. The National Petroleum Refiners Association challenged t h e regulation. In its petition In the Su- preme Court, Ihe refiners' group was supported by the American Rankers Associa- tion, (he National Consumer Vinancc Association and the National Retail Merchants As- sociation. They expressed concern about indications by the com- mission lhal it planned to is- sue regulations defining unfair practices in Ihe field of con- sumer credit. The refiners contended the FTC can nol he sufficiently expert lo make such rules governing many lypes of busi- ness. They argued (hat Con- gress or specialized agencies should make the rules and Ihe FTC be limited to enforcing Idem. The commission began issu- ing such rules in The firsl ones dealt wilh such things as the size of sleeping bags and lablcclolhs, bill more recently il has issued or proposed rule.1; dealing .with larger industries, such as lite, octane regulation and Ihe pro- posed consumer credit rules. A group of consumer and environmental groups, sup- porting the government's posi- tion, argued thai Ihe commis- sion needs Ihe rnlemaking au- thority to carry oul its duties. Douglas said he would have heard the case. .Justice Lewis F. T'owell Jr. look no part in consideration of the case. course ivould put him inlo Hie Spanisli Sahara or perhaps south Morocco. Helicopters and planes based here' have searched Ihe 300-mile Moroccan-Spanish Sa- hara frontier wilhout a sign of the balloonist. Gatcli lefl Ilamslnirg. .Pa., eight days ago in a bid lo become the firsl person in his- tory lo cross the Atlantic Ocean by balloon. The Spanish army was using 10 American-made 1IUI lluey helicopters and IJirce 1.9 arlii- lery spotting planes in ils search for Caleb. More lhan 100 men were involved, but no ground forces have been used. All army and police posts in the Spanish Sahara were alerted for Galch. They broad- cast on Ihe same frequency that Catch was using bul re- ported no word of him. Army officers said 't will be decided al Ihe end of Ihe day if Ihe search is to be contin- ued Tuesday. "I think the search could be finished later an officer said. Wealhcr in Ihe Spanish Sa- hara would not be a problem if (latch were down. Teninera- liire.s arc about -10 degrees Fahrenheit al night and SO in Ihe daytime. Sirocco winds capable of burying a truck under Ihe sand in minutes are nol due to begin for about I wo weeks. Military officials speculated (latch ciiuld have fallen into Ihe sea or, perhaps, in Ihe vast unpopulated stretches of northwest Africa. WEATHER U.i DEPARTMENT Of COMMERCE National Weolncr (Weather Map; Pg. IA) ABILENE AIID VICIMI1Y [JO-mile radius] Fair and v.ofmer today through Tuesday Southerly winds ol 10 lo 10 men. Mian lodoy In tnc mid Ws. Leu tonight in Ihc lower 301. High Tuesday In me uptwr Mt. High and tor 74 hours ending 9 n.m.: JS and 11. Itloh arid lo.v some dale Iml veor: fit cincf 3f. Sunjpl fasf ninnl. sunset lonlcM: WASHINGTON (AP) ller- he'rl W. Kalmbach, a former personal attorney lo President A'l.von, pleaded guilty lod.iy (o charges stemming from his ac- tivilies as a Republican polili- cal fund raiser. Kalmbach pliwlcd lo a loc.'i- nieal charge .slemming from Ihc distribution through a dum- my political committee in Ihe District of Columbia of S'l.S mil- lion lo Republican congression- al candidates in the 1970 elec- tions. The felony charge of solic- iting political contributions and making expenditures through a commillce for which neither a Douglas Won't Budge In Gas Case WASHINGTON (AI') Turn- ing aside accusations of bias, Supreme Courl Justice William 0. Douglas today refused lo drop out of a case involving federal regulation of natural gas prices. The case involves Federal Power Commission regulation in southern Louisiana, which supplies approximalely one- third nf the nation's natural gas. One of I h e companies in- volved, Shell Oil, asked Douglas to slep aside because of a speech he made Jan. 28 in which he accused the oil com- panies of creating Ihe energy crissis. Shell Oil asked the remaining justices lo force Douglas out of lite case if he failed to step aside on his own. Neither occurred today. Douglas was widely reported as saying in a speech al Ihe University of Mississippi (hat oil companies were creating the energy crisis for their own profit. "The oil industry keeps the supply of oil and gas low enough lo boost prices and make sure all other energy sources are on the he was reported to have said. statements attributed lo Mr. .Justice Douglas, if in fad made by him, relied such a hostility toward coiporalions engaged in the oil and gas Inisi- ness, and imputes such wrongdoing 'to (hem thai, we submit, il would be highly im- proper for Mr. Justice Douglas lo participate in this Shi'K argued. chairman nor treasurer had been named carries a max- imum "penally of two years in prison and a fine. Kalmbach also pleaded guilty to a misdemeanor charge stemming from his promise of an ambassadorship to a politi- cal contributor. That charge carries a max- imum penally of one year in jail and a fine. U.S. District Judge John .1. Sirica deferred sentencing until a prohalion-deparlmenl report is submitted. The charge filed by Ihe spe- cial Watergate prosecutor's of- fice alleged that on Sept. 1C, Kalmbach met wilh J. Fife Symington of I.ulherville. Md.. then U.S. ambassador to Trinidad and Tobago, and that .Symington promised lo conlrib- nie if assured he would he appointed ambassador lo a Kuropean country. The prosecutors thai Kiilmbacli called Hie White House and gol the assurances and thai Symington contributed In Republican candi- dates in and lo President Nixon's 1972 cam- paign, Kvniinglon never yol the lob he sought and Kalmbach later offered lo return his money, Ihe court papers said, Symington refused In lake il back. Kalmbach appeared in .court al tile start of a week during which, special prosecutor Leon Jaworski has said, grand juries will'- be ready to returns in-., dictments in a number of Wa- lergatc cases. In a letter lo Kalmbach's al- lorney dated Feu. 13, 1974, Ja- worsfci said lhal Uie charges to which Ihe 52-year-old Newport Beach, Calif., attorney pleaded dispose of pending or po- tential charges based on mal- lei's presently known lo this of- fice." The leltcr also disclosed that Kalmbach has promised lo co- operate with the prosecutors, thai he may testify al future Watergate trials and that .he may be named later as an unindicled co-couspiralor. Kalmbach (old the Senate Watergate Commiltce last sum- mer that he raised which then was passed lo Ihe defendants in the original Wa- tergate break-in case. lie said he raised the money- to pay the legal expenses and lo support the families of Ihe defendants "lo discharge what I presumed to be a moral obligation." saiil he undertook the assignment al the request of then-While House counsel John W. Dean III, who called him on June 28, 11 days after the break-in al Democratic Na- tional Commillce headquarters al Ihe Watergate oflice-aparl- menl complex. Gold Price Opens Above Friday ZUIUCir, Switzerland (AP) price of gold today con- tinued lo soar lo record hoighls in the Zurich bullion market, the world's largest. Cold opened al S168 an (inner, 56 above Friday's rec- ord close. The U.S. d o 11 a r. which usually weakens when gold rises, 'firmed slightly lo :l.0fi.i.i Swiss francs. II closed at :i.057o Friday. Dealers said speculative buying continued lo influence Hie gold market. They report- ed above average volume. The latest gold rush started lasl Monday when the price passed 5150 an ounce foi1 the firsl lime on the .strength of speculation lhal some of tho Common Market f'ovcrnments would soon raise the official price of Ihcir gold holdings considerably above the pres- ent l-'rancois-Xavicr Orloli. pres- ident of the Common Market Commission, confirmed I n Tokyo Saturday lhal Ihe Kuro- pean Economic Community was preparing to raise the of- ficial price. Some sources in Xurich said some governments might raise the price of Ihcir official vtfll above Ihe pres- ent free market price. This in i'ffecl would increase Ihe amount or the reserves hack- ing their currencies and pro- vide a means of meeting the big jump in Ihe cost ol oil imports. Dealers in Xurich and I.on- ilnn said they could see no end to Ihe steady rise of ihc free market price. Cold opened in London al an ounce, and Ihe British pound held steady al The dollar steadied on other Kuropean exchanges as well as Ihe Swiss. II improved in Paris from -1.8250 francs to -I.S4 and edged up in Frankfurt from 1> li.iflfl marks lo 2.66.
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