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Galveston Daily News (Newspaper) - January 13, 1978, Galveston, Texas AGBiAlMSHSIORY Oktot Established in 1842, Dtdkatad To The Growth and Protress of Galveston and All of Gatveston County VOL. 138. NO. 279 Member, United Press International GALVES-iy.N.TEXAS. FKIDAY MORNING. JANUAKYs, 1978 Sunday fittnge Elewitor Also Probed Citations Due In Grain Blast GENERAL MOTORS CORP. unveiled Thursday a new emission-control system it said will eliminate its cars as "significant contributors" to air pollution in the 1980s. The system, called a three-way catalytic converter, already is being installed in some CM cars sold in California. It is the first made by GM that controls all three federally regulated pollutants. A 1978 Buick Skyhawk equipped with GM's Phase II catalyst system is shown getting an exhaust emission test on a dyamometer at the GM Proving Grounds at Milford, Mich. (DPI Closing Of Isle Beaches To Vehicular Traffic Favored By GORDON HA1RE News Staff Writer Most people attending an open meeting on beach problems Thursday night agreed that the beaches should be closed to vehicular traffic to eliminate safety hazards and law enforcement problems. About 50 people attended the meeting, and the majority were represen- tatives of the county, the city, the Galveston Park Board of Trustees and the chamber of commerce. Rules Won't Affect Galveston Hospital ByPAULWATLER News Staff Writer A new interpretation of Medicare reimbursal guidelines may cost the Sisters of Charity some federal funds but ap- parently will have no effect on St. Mary's Hospital, operated in Galveston by the order. The Department of Health, Education and Welfare in Washington, D. C., is refusing to reimburse the Sisters of Charity, and other orders of nuns who operate hospitals, for ad- ministrative work per- formed by sisters in cor- porate headquarters. The Sisters of Charity has about 400 nuns but only five work in the corporate headquarters in Houston, according to Caroll Albaugh, assistant finan- cial coordinator of the order. About 25 sisters work at St.Mary's in Galveston. The Medicare regulation in question provides for reimbursal for services performed by nuns at hospitals. The strict in- terpretation of the rule has resulted in reimbursals being denied for sisters at corporate headquarters since they are not actually working at a hospital. "It's a very complicated Albaugh said. "It does not affect at all the sisters serving at any hospital or at St. he said. The order operates 13 hospitals throughout the Southwest. "We are not concerned about it that Albaugh said. The Sisters of Charity have appealed the stricter HEW interpretation, Albaugh said. The order has had no problem, except recently, in receiving the reim- bursals since the regulation went into effect in 1966. The reimbursais are for the amount a lay person could be expected to be paid for performing a service rather than the amount actually paid the sisters by the order. The nuns are paid only a nominal salary for their services. Passing Parade By TERRY MauLEOD Holy Potato! Just look at the calendar. It's Friday the 13th and the year is so young. But, take heart, because in February Friday the 13th comes on Monday. Take the case of Kevin Walsh who says he should stay in bed all day. It's Friday the 13th and he's 13 years old today. .Angelina Tropea is bemoaning the fact she's got a case of laryngitis because she doesn't have a chance in arguing with people... Eddie Ramirez is winding up his winter vacation with his parents, and will be heading back to University where he is majoring in design engineering. Also visiting with Jesse and Lucy Ramirez during the holidays was another son. Mike Estrada, who is back at his studies at Sam Houston State University where he is majoring in criminology. Ollle Bailey, ritual captain of West Isle Eagles Auxiliary, is letting it be known how proud she was of her team when it had the honor of doing the ritualistic work at the institution of the new Santa Fe Auxiliary 3789 in Alia Loma... Proud, indeed, are Mr. and Mrs. F. A. DeBouy, great-grandparents, and Mrs. Shirley Soto and Amrose Mouton, grand- parents, of the latest ad- dition to the families. Jodie Nicole, born to Evelyn and Benny Irby of McCrory, Ark. They were on hand for the great arrival. .It's a sandwich seminar at noon today at Center on the Strand. Monte Riggs says current exhibits at the center will be the topic for discussion... Just dig that Jack Sparks, who's dressed so sharp he iooks like he See PASSING Page 2A State Rep. Andrew Z. Baker was the only Galveston legislator present at the meeting. The problems identified at the meeting were traffic congestion, emergency access to the beach, crowd control and narcotics violations. Baker.'Sald the only an- swer to the traffic problems was to have a West Bay crossing. Charlie Smith, a citizen at the meeting, told Baker he would see a West Bay crossing around the same time he would see a bridge to Bolivar Penin- sula. Ken Pagans, head of the county parks department, told the audience that the county could have six sites for parks within the next year, and that one park should be completed by this summer. He stated that the beach problems were a state problem because the users were people from out of the city. Pagans said the county is seeking state and federal funds for the aquisition and development of land. John Lee Brown, president of Galveston Parking Co., said that free interprise should be given the opportunity to establish parking and park facilities on the west end. Smith endorsed Brown's project on west beach, stating that state and federal programs placed certain limitations on commercial enterprises on land bought and developed with government funds. "We should make them (tourists) pay to use the Smith said. The police department showed tapes of the beach, depicting the traffic problems. Chief Ernest Galvan said the city will have to spend more than in overtime pay for officers to control traffic during the summer. During the peak tourist season, traffic is backed up from Broadway to Seawall Boulevard on 61st Street and from 61st Street to 10 Mile Road on FM 3005, Galvan said. Gene Lucas, a park board member, -said the city should use state right-of- way on FM 3005 for parking and use city buses to transport people to the beach. Dale Ware, park board member and moderator of the meeting, said the city, the county and the state would have to cooperate to find solutions for the problems. ByPAULWATLEH News Staff Writer Farmers Export Co. will be cited for several safety violations when results of the Occupational Safety and Health A d- ministrution's investigation into the grain elevator explosion are released in about two weeks, the acting director of the Houston OSHA office said Thursday. In addition to the Far- mers investigation, another OSHA Investigative team is probing conditions at Bungc Corporation's elevator and will probably issue safety citations against that facility as well, the OSHA official said. When asked if the Far- mers Investigation would result in citations against the company, lloger Mc- Cann, the acting director of the Houston OSHA office, said, "Yes, 1 think that is indicated." The explosion that ripped through Farmers elevator Dec. 27 left 18 persons dead and Injured 22 others. McCann would not name specific violations that Farmers will be charged with but indicated that overuse of the facility and faulty dust collecting systems may have been contributing factors in the explosion. suspicion to believe that some of It (the dust collection system) was not McCann said. Asked if the heavy use of the elevator may have been another factor, Mc- Cann said, "I think it might have been." McCann also said the OSHA office is considering the possibility that pollution control requirements may have resulted in some safety problems. "1 was informed of that problem and we are checking into it he said. "1 really don't know what the answer will be on that but we are looking into it." Galveston Fire Marshal A. Carroll said Thursday that his office's is con- tinuing its probe to determine how (lie blast was started. Nothing In the fire marshal's probe so far has Indicated that Farmers should be charged with any criminal violations, Carrol said. Conditions at Bungc are not unlike those at other See CITATIONS Page 2A 6-Times Convicted Felon Denied Bail liy J OKI, Kl UK PATRICK News Staff Writer District Judge Kd J. Harris Thursday denied bail for si.x-llnies convicted felon James Sanders, 42. In a personal statement following action on the Sunders case, Harris said he wanted to point out that Sanders has never been released from jnil since he was indicted on the habitual criminal statute. Harris said he believes Galveston County has ample resources for providing for new trials fur citizens and that money shouldn't be a bar to the administration of justice in the county. The court, he said, has simply granted a new trial for a defendant. Criminal District At- torney James Hury op- posed the granting of bond to Sanders, which was sought by Sanders' defense lawyer, M.Bruce Fort called Magglu Winston, and Elnora Joyncr, sisters to Sanders, seeking to prove through their testimony that San- ders could a liond of up to but no more. Harris said "the ap- plication for a writ of habeas corpus Is denied. The defendant will remain in jail." He asked the state If It would "join in" in a motion by Fort to have Investigator Brook Todd be appointed at the cost of the taxpayers to Investigate the case against Sanders In preparation for his new trial. Hury said he would not "join In" such a motion, hut is not opposing it, since the court has granted the new trial. Fort asked for at "least 00 days continuance" to prepare a new defense of Sunders. Harris granted the continuance. be a habitual criminal. That means the Jury found him guilty of the felony offense of aggravated robbery, found he was the same man who twice before hud been convicted of felonies In Texas, that the two previous felony convictions were final convictions. The jury also knew, because Harris allowed Fort to argue It, Unit an affirmative finding on the two previous convictions meant an automatic life term for Sanders as an habitual criminal. Harris has steadfastly declined to publicly state his reasons for granting a new trial for Sunders other than to suy he believes the conviction by the jury did not give Sanders "sub- stantial justice." The exact date of the ..Sanders was con-. Ivied sotting tor a new trial Is not a jury In loth District yet known, but will be before Harris, and found to reported when It Is known. Gas Hike Delayed ByJEFFSAMFIELD News Staff Writer A decision on Southern Union Gas Co.'s request lor a general rate increase was, delayed Thursday for 30 more days, pending the completion of a rate study. According to City At- torney Bob Shattucit, the gas company last August asked the Galveston City Husband And Wife On Same Jury The odds against a man and his wife both being named to serve on a jury in the same trial are in the thousands-lo-one range. But Billie Jones Jr., secretary treasurer of Oil, Chemical and Atomic Workers Local 4-449, and his wife Bobbie, were both chosen to serve on a jury in 212th District Court which has been hearing evidence in which Valry Lewis, 49, is accused of murder. District Judge Don Morgan said he does not remember ever seeing a man and wife serving on the same jury in this county. Council for a 5 percent hike in residential use, 6 percent in commercial and public service and 7 percent in industrial. An average residential bill would increase by per year. The company also proposes in its request to reduce the penalty for delinquent payments and wants to be granted a "cost of service" adjustment clause in Its present franchise agreement, similar to the one Houston Lighting Power Co. has. Shortly after the request was filed with the city, the council postponed a decision for 120 days until the city rate consultants, Touche Ross, had a chance to examine the request. Using a provision in the Texas Public Utilities Regulatory Act, the council Thursday unanimously extended the deadline for a vote. In other business, the council approved a request to extend city sewer lines on 89lh Street, despite some objections from the staff. The property owner who requested the line extension was granted a building permit and paid a sewer tap fee, according to officials. The owner claimed he was unaware that the city did not have sewer lines near his property. Some staff members, including City Manager Tom Muehlenbeck, said they felt council's approval of the request might set a precedent that the city would have a hard time justifying to others who do not have sewer lines but would like to have them. The city manager said Thursday that property owners in the future will be notified whether there are See GAS Page 2A Chick WINTER storm turns y.S. roads Into deathtraps. Page 5B. ALLIES gay U.S. lacks resolve to control Us energy problems, says President Carter. Page6A. Othir Ftaturts Amusements ....12A Bridge.............8A Comics..........13A Contact..........14A Crossword.......MB Deaths...........2A Horoscope........8A Marine Log, Markets..........5A People, Family. HOA Police Beat.......2A Sports..........1-3B TV Listings......13A Viewpoints.......4A Want Ads...... 6-13B Weather.........11A LC OK's Annexation Law News Mainland Bureau LEAGUE CITY-First reading of an ordinance annexing an area just south of the present city limits was approved Thursday night by the League City Council. Councilman Ed Sicily voted against the ordinance and Mayor Leonard Cruse warned that it could set an unwanted precendent. Stelly opposed it because the city will not realize any taxes from the area until 1979 but may have to im- mediately provide services. The area is along FM 3002 and is mostly undeveloped land. Second reading of the ordinance cannot take place for at least 30 days. The annexation straightens out League City's southern city limits. In other action, the Wtathir GALVESTON area cloudy today through Saturday. Continued cold. High today and Saturday in the mid-. 50s, low tonight in the low 40s. BOATING and recreation to nor- thwest winds 10 to 15 mph today. Bay waters choppy to slightly choppy. FISHING-Poor. BEACH water tem- degrees. council authorized City Administrator Henry Cunningham to negotiate an agreement with the county tax office for assessment of League City taxes and a property revaluation In 1979. Present city valuations are about three-fourths of county values and the county assessment this year will bring city values Into line. The revaluation will follow next year. The council also adopted a resolution urging an easing of restrictions that prevent property owners from bulkheading their land or reclaiming it after being submerged by sub- sidence. Defendant Claims Fatal Shooting Accidental Classified Ads Get FAST Re.uhti! Just ask a satisfied reader: "We sold these the first had many says MRS. R.R. NEBOUT of 1726 2nd Ave. North in Texas City, after-selling a 1971 Honda 430 and a 1972 Honda 500 motorcycle, both advertised for You can enjoy these same fast results through the classified ads. Call an Ad- Visor today at 744-3611 to start your ad. 11 works. ByJOELKIRKPATRICK News Staff Writer Valry Lewis, 49, testified Thursday he accidentally shot and killed Edward Smith, "during a tussle after he had threatened to cut my neck." He said he and Smith had struggled, with a cotton sampling knife in Smith's hand, and a .38 caliber revolver filling his own hand before the revolver went off, fatally wounding Smith. The shooting of Smith took place in the vicinity of Pier 36 on Sept. 23, 1976. Both Smith and Lewis operated forklifts in the area. They had earlier argued about contraptions of metal used as a bridge from the warehouse to rail cars, and over which towmotors and forklifls are driven, Lewis said. Lewis was called the stand at p.m. Thur- sday, after Asst. District Attorney David Walker had rested for the stale. His lawyer, Andrew Z.' Baker, asked questions designed to develop self- defense in the case. The state's witnesses earlier had placed the man who was fatally shot on the seal of the forklift after he was shot. Lewis testified he was not on the seat of the machine when the gun went off. When asked by Baker why he didn't simply walk away, from Smith, Lewis said was too clow to walk away from, he would of cut me wttfrthai cotton knife." He testified he Wri the gun on toonw cf previous 7 Both sides hud cmtteted their CMS by Thur- sday afternoon. Final arguments before the jury-aiKi 212lh District Judge Don Morgan are scheduled to get under way this morning. Dr. William A. Korn- dorffer, chief medical examiner for Galveston County, testified the bullet wounds on Smith's body were: A shallow wound in the left chest slanting up- ward with the track of the bullet emerging just below the collarbone and hitting the man In the .chin and continuing into his skull, "tearing up the brain." "Death was close to in- Dr. Korn- dorffersaid. Officer George Rivaux 111 testified about arriving on the scene and finding the body of Smith lying on the concrete of the pier with a crowd of people standing around him. He testified Ixiwis came forward and said "We had a struggle and 1 shot him." He said there was blood on the seat and sides of a forklift at the scene, and he found a broken cotton knife and a revolver and holster. "There was no indication of a fight at the he testified.
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