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   Madison Capital Times (Newspaper) - October 1, 1974, Madison, Wisconsin                                Say Students Favor City Site for MATC zfc A poll of students at the Madison Area Technical College reportedly shows them overwhelmingly in favor of locating MATCs new campus on East Washington Avenue rather than in Fitchburg The MATC board is scheduled to decide Wednesday night which of the two sites the new campus will be built on The results of the survey of fulltime and parttime students at MATC have not been totally tabulated yet Sources told The Capital Times however that the East Washington Avenue site was winning by as much as 80 per cent The poll was conducted by the MATC administration after the students indicated a desire for such a poll an MATCspokeswoman said A second survey of students was conducted by Flad and Associates architectural firm That survey did not deal with site selection but with where MATC students live how they get to school and where they work The MATC spokeswoman Mary Lou Diehl said that survey was still being tabulated also but that the results were expected to be announced at Wednesdays board meeting Contractor Asks Court to Order Sale of Hartmeyer Ice Arena ByffiVINKREISMAN Of The CoriM Thnti Staff courtordered sale of Hart meyer Ice Arena at 1834 Com mercial Ave by the city in order to satisfy a debt incurred by Campbell EnterprisesInc has been asked in a lawsuit filed in Dane County Court Campbell Enterprises a Penn sylvania corporation which owns and operates the Madison Blues hockey team operated the arena last year under a contract with the city James W Thomas Construc tion Co Inc 3329 Tallyho Lane the plaintiff in the lawsuit asks that the proceeds from the sale be applied ona debt of owed it by Campbell to renovate the arena last winter The construc tion firm was the general con tractor retained by Campbell for the project The firm also asks that the court return a personal judgment in its favor against the city for any deficiency which may remain after the sale Thomas represented by Attor ney Arvid A Sather claims the is indebted and liable by reason of an agreement between it and Campbell whereby the lat ter was to make capital improvements on the building up to in return for a five year lease The city cancelled its agreement with Campbell last March Campbell held the delegated authority of the city when it re tained the construction firm in a joint venture Thomas alleges Furthermore the improvements Nob Hill Bridge Gets Its Steel Structural steel a scarce commodity in the United States has finally arrived fer the construction of the longdelayed Nob Bill Bridge Workmen are shown preparing to lift a steel beam with a crane to set it in place for the bridge while workmen atop the high concrete abutment prepare for the arrival of the steel btaff Photos by Dave Sandell made by Campbell will benefit the city and the city stands to benefit by unjust enrichment if it is permitted to retain possession of the arena according to the plaintiff The firm constructed two locker rooms an icemaking room removed old locker rooms erected a ticket booth and skate shop installed plexiglass shields constructed bleachers remodeled the old tavern into an office and completed other improvements the complaint alleges The plaintiff says it filed a construction lien against Camp bell last March 26 and filed a claim with the city April 9 which was tabled by the City Council on Aug 23 and declared disallowed by Mayor Paul Soglin on Aug 30 The construction firm further alleges that the agreement between the city and Campbell called for Campbell to obtain lien waivers from the contractors on work which he engaged so that the city would not be held res ponsible Campbell failed to ask for the waivers in his contract with Thomas the construction firm says According to an exhibit at tached to the complaint Thomas total bill to Campbell was on which he has paid Another was applied on the bill after ticket receipts were at tached The Madison Blues still under the ownership of Campbell En terprises have moved their home games this year from the Hart meyer to the Medalist Arena on Madisons West Side The team also has changed from the U S to the Continental Hockey League The corporation is owned by Harris Campbell a Pennsyl vania supermarket chain owner and his son Greg who manages the team 75 Cancel 1st Wisconsin Accounts in Cost Protest Nowakowski Loses MILWAUKEE AP Mil waukee County Board Chairman Nowakowski was removed from office today when he was sentenced to pay a fine or spend a year in jail on his conviction on a charge of violat ing the Wisconsin Corrupt Prac tices Act Circuit Judge Robert J Panins of Green Bay who had postponed sentencing after Nowaskis Sept 19 conviction said the sentence meant immediate removal from office Parins gave Nowakowski until next Monday at noon to pay the fine and court costs in the proceeding Nowakowski was convicted after a fourday trial of failing to report worth of postage stamps contributed to his 1972 election campaign The convic tion was the first ever under the criminal section of the Corrupt PracticesAct enacted in 1908 Nowakowski 40 served in the Wisconsin Assembly from I960to 1964 and became a county board member in 1964 He was elected chairman of the board in the spring of 1972 Newspaper investigation of his activities led to a grand jury probe which began inNovember of 1972 and lasted four months with more than 125 witnesses testifying4 Nowakowski was indicted in March 1973 on felony counts all but two of which were later dismissed In February Nowakowski was acquitted on a bribery charge Counts which were dismissed had charged Nowakowski with solicitation of perjury and violat ing the Corrupt Practices Act By MIKE MILLER rttt Capitol Times staff Some 75 persons invaded the First Wisconsin National Banks University branch at noon today to withdraw their deposits in a protest over rising checking ac count costs After a brief rally on the US Library Mall the group mostly University students marched up Park Street A handtyl of police looked on Inside the bank protest spokesman Michael Zarin called for the bank to roll back increases in checking account costs explain how money is used in the banks trust holdings take all money out of Third World countries and channel holdings back into the Madison com munity Nominate Four To be Directors of City C of C The Madison Chamber of Com merce nomination committee has selected four members for nomination to election to three year terms on the Chambers Board of directors The nominees named by chairman Robert E Schmitz are Terry K Shockley president of Horizons Communications Corp of Wisconsin John E Spohn regional manager Cscar Mayer and Co J Martin Wolman publisher Wisconsin State Journal and Harry W Wright senior vice president Wisconsin Power and lightCo Additional nominations may be submitted until 5 pm Oct 18 If nonomination petitions are receivedthe above four can didates will be declared elected by the board of directors at the November meeting City Sets Day Care Hearing A public hearing on a proposed new day care program for children will be held in the City Council chambers Wednesday at 7pm The program as proposed for next years city budget by the ad hoc committee on day care needs would fray costs of day care in The group was protesting a recent announcement by First Wisconsin that checking accounts which do not contain a minimum of would be charged a 50 cent per month maintenance charge in addition to a charge of 10 cents per check written The banks policy of charging 25 cents for more than 4 savings withdrawals a month also came under Ere Protesters crowded the lobby as they withdrew money from their savings and checking ac counts Some burned their sav ings books Others threw torn up check blanks into the air Still others burned fake money as a protest A handful of city of Madison police and University ofWiscon sin Protection and Security of fices monitored the protest We are here to say that an in stitution can dig just sodeep into my pocket and then I have to fight back Zarin said at the rally on the mall At the bank Zarin told the group that bank officials in a Morgan Manchester Condition Worsens The condition of Morgan Manchester 72 chairman of the board of Harry E Manchester Inc was reported to be serious to critical today at Madison General Hospital Manchester who underwent surgery last week is in the in tensivesare unit of the hospital discussion earlier this week refused to roll back the increase citing inflation and rising costs of their operations This is their mess their inflation they can absorb it bet ter than we can Zarin said Among other speakers at the rally on the mall was 78th District Assembly candidate Mary Kay Baura Meanwhile the University of Wisconsin Credit Union has been conducting an advertising cam paign in hopes that accounts will be opened with it The Credit Union ads offer free checking service if a minium savings account of is main tained The Credit Union has an arrangement with the Park Bank for the free service Doyle Won Halt Closing Of Two Local Citgo Stations i V ByMIKEDORGAN Of The Capital Timtj staff Federal Judge James E Doyle has refused to issue a temporary injunction against the Cities Service Oil Co which would have allowed two local Citgo stations to keep operating The station managers said today they will appeal the decision to a higher federal court Citing a similar case heard recently in the Eastern District Court of Wisconsin Doyle said Monday he would not grant the tem porary injunction because the station managers do not enjoy a sufficiently good chance for ultimate success in their pursuit of a permanent injunction The two stations Consumers Imperative Garage 1295 N Sherman Ave and Brook wood Citgo 1318 S Midvale Blvd are among seven local Citgo stations which the oil company has either closed or plans to close through termination of leases The managers argue that by closing the stations Cities Service Co is violating Federal Energy Office regulations Tie regulations say they canMt make any large scale changes in the way theyre doing tasiness according to Henric Albert manager of the coop garage Albert maintains that the closings could af fect the amount of gasoline available to the Madison area since oil companies are only obligated to allocate gas on a per station basis If one Citgo station closes he said it does not necessarily follow that another area Citgo station will get a double allocation Albert accused the oil company of trying to achieve a complete vertical monopoly by replacing franchised independent stations with companyowned and operated stations That way theyll be able to collect at each step from wellhead to he added Although the appeal to Doyles ruling has already been filed Aroert indicated he is not optimistic about the outcome We dont have the money to carry it the case far he said He added that the coop is already looking for a new location Even if it is unable to offer gasoline at its new site he said the coop would continue to function as a repair shop THE CAPITAL TIMES iGiivNews MADISON WIS Tuesday October 11974 27 High Court Wont Ban CountyWide Assessors ByOWENCOYLE CM The Capital Times Staff The State Supreme Court today rejected arguments by three Kenosha County residents that a new state law authorizing countywide assessment systems was unconstitutional There is a presumption of con stitutionality the high court said meaning that a local ordinance setting up the system must be presumed to serve a legitimate public purpose and therefore be constitutional The challenge was initialed by two farmers and the president of the village of Paddock Lake after the Kenosha County Board adopted a resolution establishing the county assessor system The challenge was supported in a friend of court brief filed by the League of Suburban Municipali ties Supreme Court Renews Ban on Record Pirate The Wisconsin Supreme Court ordered Milwaukee Circuit Judge Robert W Landry Monday to reinstate a temporary injunction agaiast a Milwaukee firm which tapes popular songs of major record companies and sells them for profit The Supreme Court issued the injunction July 16 against Economic Consultants Inc known as EC Tape Service and operated by David L Heilman Milwaukee However Landry later granted a 90 day delay on execution of the injunction after attorneys for Heilman said it would put him outof business The attorneys also said they planned an appeal to the US Supreme Court The injunction orders the firm to refrain from destroying con cealing or taking from the state any inventory of tapes or records assets or documents concerning company sales and inventories But the court in an opinion written by Chief Justice Horace Wilkie turned aside the leagues contention that the law authoriz ing county action on the subject violated a constitutional ban on nonuniform systems of town government The only new question presented here the court said is whether abolishing the office of town assessor in those counties adopting a countywide assessor system amounts to creation of a different systemof town govern ment Clearly it does not In Dane County a resolution to institute a countywide assessor system was introduced in Sep tember 1973 before the County Board The measure authored by Thirteenth Dist Sup Rebecca Young Madison was referred to the County Finance and Person nel Committee and has not been reported out for action on the floor Court Rules Public Can KnowWho Got Immunity CT to Run Daily List of Candidate Appearances Beginning next Monday The Capital Times will run a 8 daily colunn listing appearances in the Dane County area by candidates in the Nov 5 election Each days listing will include events scheduled for that evening and for the next day The listing will be limited to the candidates name the event its place and time On days with many events minor happenings may be left out for space reasons Candidates are urged to send their schedules to The Capital Times early enough so they can be included in the S column The column deadline will be two days before the publication date The public has the right to know who is being given im munity from criminal prosecu tion in John Doe investigations the Wisconsin Supreme Court ruled today The only exceptions the court stated would be in cases involv ing minors or obscene matters The decision came in a case brought by Newspapers Inc and Mary Zahn a reporter for the Milwaukee Sentinel The petition asked that Circuit Judge Christ T Seraphim be prohibited from holding secret immunity hearings arising out of a John Doe investigation The affidavit alleged that on June 27 the newswoman was ad vised by Seraphim that such hearings on immunity would be conducted in secret She alleged that later the same day she believed such a secret hearing was conducted in Seraphims chambers In an opinion written by Justice Roland Day the high court said it Phone Tips Offered About Hypothermia Outdoor people including hunters fishermen hikers and horseback riders can subject themselves to serious health problems if they are not dressed properly Getting chilled either from wet or wind can reduce body func tions rapidly and in some cases result in death The situation is called hypothermia A free 24hour health message about hypothermia is being of fered this week by the University of Wisconsin Extensions Health Sciences Unit the Madison Center for Health Sciences and the Wisconsin Regional Medical Program Call 26354M any hour of the day for the Think Hypothermia message concluded that an order by a judge to compel a witness in a John Doe proceeding to testify or produce books papers or documents after refusal to tes tify or produce such evidence on the ground of selfincrimination must be done in open court Cancer Society Honors UWs Heidelberger Prof Charles Heidelberger a University of Wisconsin cancer researcher has been named by the American Cancer Society Board of Directors as a recipient of its 1974 Annual National Award the societys highest honor The award cited Heidelberger for a lifetime career of brilliant research related to cancer and particularly for his work resulting in the use of the compound 5 Fluorouracil as a clinically ef fective agent in several types of human cancer The award will be presented at the ACS annual dinner Oct 17 in New York City Prof Michael Heidelberger Heidelbergers father will receive the award on behalf of his son who will be in Florence Italy attending the In ternational Cancer Congress on that date Dr Heidelberger is American Cancer Society Professor of On cology for Health Sciences Warning Siren Test SeLfor Wednesday Dane Countys Office of Emer gency Planning will conduct its montly outdoor warning siren test Wednesday at pm The first signal will be a steady sound signal for one minute Then there will be one minute of silence followed by a wavering signal for another minute If residents find the outdoor warning siren is their area is not working during the noon test period they are asked to report it to the Office of Emergency Plan ning phone 2664330 or 2554500 District Gets Million for Nine Springs By MIKE MILLER Of The CortM Tlmw staff The federal Environmental Protection Agency has awarded the Madison Metropolitan Sewerage District a for construction of an ad dition to the Nine Springs Treat ment Plant Announcement of the long awaited grant was made in Washington Monday by US Sen Gaylord Nelson DWis and Rep Robert Kastenmeier DSun The grant which was sought some 2 years ago will be used established centers for children for partial funding of the addition of eligible Madison residents which is estimated to cost slightly more than million Jack Landwehr chief engineer of the district said he has received no official confirmation of the grant yet but on the basis of telephone calls from Nelson and Kastenmeter we have advertised forbids Landwehr said the federal money will pay for 75 per cent of the cost of the addition if the es timates are close Nobody knows now the bids will come though the way contractors are bidding these days We can just hope for the best Bids on similar projects in Wisconsin in the past year have run far ovdr estimates Landwehr said because contractors must hedge their bids against infla tionary spirals which continually increase the costs of their con struction supplies We hope our estimate is a good one he added We have the EPA a new estimate last spring and we used what we thought would be applicable this fall Landwehr said it was unknown at this time whether the EPA would ante up additional money if the bid was far over the estimate Nobody knows if theyll get morehcv bids are high he said explaining that appropria tions for projects in Wisconsin are lumped together into one sum It may be that if we get more other Wisconsin cities will get less but nobody knows for sure he added The new addition will nearly double the capacity of the plant increasing the daily treatment capacity from 30 million to 57 million gallons We will get better results because we will be holding the sewage in tanks longer he said Right now we are running over capacity which means we cant hold the sewage long enough in the tanks With the addition we should have enough capacity until 1990 Landwehr said Bids for the actual construction will be opened on Nov 21 while bids for the relocation of Raywood Road will be opened OctlS If those bids follow the example set by contractors in other cities however they will probably be considerably over the million estimate In Racine for example a project estimated at million was bid for at million Landwehr said and an estimated million project in Neenah Menasha was bid for at million   

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