Yuma Daily Sun, The (Newspaper) - January 14, 1974, Yuma, Arizona PHOTO DIV CO tAvit HILL OLE Ht OH 44691 DISMISSES SHAFFER ACTION Judge Says City of Yuma Can Hold Liquor License By ERNIE BUSH The Yuma Daily Sun Judge William W Nabours ruled this morning that the city of Yuma may hold a license and dismissed the Special Action brought against the City Council by John Shaffer In his written opinion Judge Nabours said It is the ion of the court that while it is true that there is no express authority given to the City by the State for the purchase of a liquor license or for the operation thereof by the City there is ample authority by implication Attorney Don Engler who brought the suit on behalf of Pub owner John Shaffer told The Sun he hasn't had time to study the ruling It's not a matter of no comment I just haven't had time to study he said Mayor Ersel Byrd said This liquor license is a very necessary item The city of Yuma needs it and the Con- vention Center needs it I'm sure those who have been against it won't fight against it anymore I believe everyone concerned will get behind the new city Council he said In his opinion the judge said it is apparent there is no provision which prevents the city from holding a license or engaging in the business He said The Court recognizes the principle that the City has only those powers given to it and that it does not hold all i Kiwers not expressly den He then cites laws ing to alcoholic beverages adopted by the State ture which makes a special provision for any premises under the exclusive tion of the Arizona Coliseum and Exposition Center Board The Act states It is the in- tent of the Legislature that to aid the State Fair Commission in attracting those tions and groups whose re- include the ability of alcoholic leverages a special permit covering the serving and consumption of coholic beverages on such pre- mises is hereby authorized This clearly demonstrates the State has recognized the requirements of the ability of alcoholic leverages for a convention center cording to the ruling When the Legislature then granted the cities authority to con- struct and operate convention centers it would be logical to conclude that a part of that operation would entail the sale of beverages This would in- the city is acting within its power to secure a license as a part of the implied powers directly relating the operation of such a center One of the questions raised in Shaffer's suit was whether the use of the emergency clause in the city's liquor cense ordinance was proper The judge answered It is the opinion of the Court that the Council having made that de- and there being no evidence produced that the decision is arbitrary or or the ity of the Council this Court will not substitute its ment for that of the Council Judge Nabours reached the finding After reading and considering the excellent briefs submitted on both sides City Attorney Doug Stanley represented the city in the matter Egypt Israel's Plan i- -T fc y ST V w 1 SUN Issue 70th Year SENTINEL Issue 101 st Year Yuma Arizona Mon Jan 14 1974 Higher Minimum Driving Age Proposed for State PHOENIX AP Gov Jack Williams proposed today that Arizona's minimum ing age be increased as an en- ergy conservation measure and said a temporary boost in the state gasoline tax may be ed Addressing the opening of the second half of the sion Williams said a tax in- crease may be warranted by reduced gasoline sales and urged that the legal age for driver's licenses be raised from 16 to 18 years In his longest opening sage in recent years he put the energy crisis at the top of his priority list We must economy which is ultimately represented in jobs the nor said Unless we act promptly and effectively in regard to the fuel and energy shortage a ation of vital business prises industries services and utilities will be threatened and thereby the continued ment of a large number of Williams referred briefly to the special session in which legislators failed to agree on school finance reforms and said the legislature would have to get on with this work in the regular session In a series of far-reaching recommendations related to energy problems the governor recommended consideration of an all-inclusive energy com- mission embracing the Oil and Gas Commission the Arizona Power Authority the Atomic Energy Commission and a solar energy group All of these tion authorities could be en- to work together ward a common end under such a single the ernor said Williams said that it will probably be necessary to con- sider allocations of scare en- ergy at the same time the state is seeking sources The governor urged vation and equitable tions of fuel while at the same time calling on the state to push for development of new energy sources I am most under- standing of the necessity to conserve and to practice re- straint and to set up methods of allocations so that none of our citizens will be unduly de- and the scarcity equally shared we must encourage as as possible the ment of new energy he said Williams said the state's reasonable and prudent law may pose a problem in ment of federal 55 mile per hour speed limit He suggested that it bly will be necessary to change this section of state law The governor who has re- expressed concern over Arizona's traffic deaths said he continues to regard the state's traffic record as simply appalling The number of people killed on our highways rose to astro- heights last he said Other issues before the new legislature as outlined by the governor are land planning waste disposal overtime in mines and confidence in The governor said he had teen informed that an existing law which prohibits overtime in underground mines needs revision By Associated Press Writer The Egyptian foreign ter said today Secretary of State Henry A Kissinger's troop pullback plan is factory and Egypt is giving him to take back to Israel We are giving him our own map and Foreign Minister Ismail Fahmy told newsmen He spoke shortly after singer said Egypt and Israel agree with his efforts to work out a troop disengagement plan for the and that negotiations had sed to the detailed drafting stage Fahmy comments indicated the disagreement revolved wround some final details and he complimented Kissinger for playing a constructive role Your secretary of stale when he sticks his fingers in something he generally brings it to a successful he said And I think he will this time Sitting on a sunlit veranda IMPRINT OF EASTERN WINTER Footsteps in the snow of Jersey City NJ are in foreground as skyline of New York looms in background The area is in the grip of winter Temperatures continued below AP at Aswan in upper Egypt singer told the newsmen that his shuttling mediation talks with Egyptians and Israelis are the toughest I have teen in He and President Anwar Sadat set up joint teams of draftsmen to work on the de- tailed language of an accord to separate Israeli and Egyptian forces along the uneven and explosive Suez Ganal cease-fire lines left from the October Middle East war I think both parties agree with the Kissinger said Kissinger who delayed his return to Israel hours said he probably will see Sadat again before carrying the proposal back to Jerusalem later today for consideration by the Israeli cabinet II is a very tough he added It is hard to cile The American secretary said he may then re- turn to Aswan in what would to the third time in his current tour to get Sadat's reaction to any changes the Israelis might propose Little Bed-Wetter Dies of Punishment Little Jonathan man has lost an gle for life that began after he reportedly was beaten for ting his pants Officials at St Mary's pital said the boy died Sunday night He was in a coma after being injured and had relied on a life support chine Jonathan was brought to the hospital Thursday afternoon by his mother Delia man of rural Fort Gay in neighboring Wayne County and by Jackie McAboy 23 McAboy who had been sitting with Jonathan and brother Dallas told police the child had fallen in the bathroom after he had teen whipped for wetting his pants But Fort Gay authorities had already notified police here and McAboy formerly of tington was taken into tody on a felonious assault charge Sunday night Wayne County magistrate Virgil Mills said the charge would be changed to murder Dallas was the only said Wayne County Sheriff Keith Ray He told us McAboy was breaking an of welting his pants and that he hit and kicked his little brother and threw him into the commode head first The sandy-haired child's in- juries included a badly cut mouth a broken jaw A Parker COLD UNDERWEAR Winter stayed put in New York City over the weekend as the frozen condition of underwear carried by Sully Collins of Richmond Hill Queens demonstrates It is presumed the wearer thawed them out before putting them on AP Wirephoto Green Carders Legality To Be Ruled on by Court WASHINGTON Supreme Court today agreed to decide whether thousands of Mexican laborers can legally commute to the United States farm work The issue could have a major impact on Arizona California and Texas farmers who rely extensively on alien workers After the bracero program expired the alien as resident immigrants allowed to return to the United States after temporary departures The Immigration Service issues them an Alien tion Receipt Card commonly known as a green card That action allowed the farmworkers to take U.S jobs without the certification of the secretary of labor The Supreme Court will re- view a U.S Circuit Court deci- sion which outlawed seasonal commuting but permitted alien workers to enter the United States on a daily basis The ruling by the Appeals Court for the District of lumbia conflicted with a deci- sion by the U.S Circuit Court in San Francisco which ed both seasonal and daily commuting to U.S Supreme for review a companion case challenging the legality of daily commuting The issue was brought into court by the United Farm Workers and a group of fornia and Texas workers who complained of unfair lion against U.S workers and accused the Immigration and Naturalization Service of lating the law by permitting Mexican citizens to commute to U.S jobs Government lawyers mated that there are sonal commuters but a group of farm organizations ed that there are in California alone The ment said there are about daily commuters The practice grew out program Mexican workers to meet farm labor shortage during World War II Congress the program in 1964 and the next year passed legislation to protect U.S workers from the competition of aliens The law prohibited aliens from holding U.S jobs unless the secretary of labor certified that a labor shortage existed Frozen Body of Kidnap Victim Tied to Tree doctor who examined him at the hospital emergency room said he had sustained massive brain damage Hospital officials said the child was injured about noon Thursday At that same time his father Ray Workman 27 was in a local courtroom being sentenced to a year in prison for armed robbery Fort Gay authorities said McAboy had been living at the Workman home They said lice had investigated prior complaints of mistreatment of the children Dallas said Jonathan never said a word during the beating just cried a little the she riff said Nurses at the hospital also said the child never uttered a word during the three days he lay on his hospital bed Leukemia Boy Knew Dolphins Would Win FORT MYERS Fla AP Critically ill Jimmy Sievert says he knew his and President Nixon's predictions of a Miami Dolphins Super Howl victory would come true The President and I were said Jimmy who doctors say is dying of I didn't worry about il I knew I hey were going to win He wore a Dolphin shirt ing No 42 of his favorite player Paul as he watched portions of the game on television Sunday from his at Lee Memorial Hospital in Port Myers A hospital spokesman said the hoy was excited when he saw the Dolphins score twice early in he game Nixon telephoned Jimmy Saturday and fold him he was picking Miami Dolphins JAMESTOWN AP The partly frozen bruised body of a kidnap victim has teen found tied to a tree in a heavily wooded area near his home authorities said Investigators said the covered body had been missing since Tuesday night was found slumped against the tree day by an agent of the Federal Bureau of Investigation and a deputy sheriff Investigators said a glove had been stuffed in the youth's and held in place with surgical tape They said a ski mask had been pulled over his face covering his eyes Authorities said the cause of death had not teen determined and that an had been scheduled for today The body was found after an anonymous telephone call Daniel's parents Dr and Mrs Glen M Ebersole of the Jamestown suburb of wood had paid ransom for the boy Thursday And authorities arrested three area Saturday charging them with kidnaping Kenneth L Williams IS and Martin C Whitmore 19 of West Ellicott and Jeffrey L Swan 18 of Lakewood were arraigned in Buffalo Saturday and ordered jailed in lieu of tend each Most of the ransom money has been recovered said cial Agent Richard H Ash of the Buffalo FBI office IN MARYLAND Ebersole a prominent physician said iel was seen last when he left for the Lakewood Teen Center a short walk from his home The doctor said he notified lice when the boy did not re- turn home that night The physician said a tele- phone caller told him late Tuesday night that Daniel had been kidnaped The caller threatened Daniel's life unless a ransom was paid the doctor said He said the caller telephoned again Wednesday night re- the threat and gave in- for leaving the som Disbarment of Agnew Is Recommended by Panel ANNAPOLIS Md A special panel today that former Vice President Spiro T Agnew lie disbarred from the practice of law in Maryland The three Circuit Court judges said that Agnew's sion of income tax ledged in a plea was and dishonest and strikes at the heart of the basic object of the legal sion We shall therefore mend his disbarment We sec no extenuating circumstances allowing a lesser a recommendation said Mr Agnew will not he ing a at this lar said Ann a receptionist nl Agnew's office in Washington The recommendation goes to SPIRO AGNEW the Maryland Court of peals which makes the final decision on whether to bar Agnew from the practice of law Disciplinary actions were filed by the state bar tion last November after Agnew pleaded no contest to a federal lax charge and resigned from the vice presidency The bar association had asked the three judges to dis- bar Agnew The former vice president however had asked the panel to merely suspend him from practicing law ing that his misconduct was not connected with his duties as n lawyer Agnew told the judges that he had at no time enriched himself nl expense of his public trust
