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Cedar Rapids Gazette Newspaper Archives

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Cedar Rapids Gazette (Newspaper) - May 10, 1974, Cedar Rapids, Iowa The Cedar Rapids Gazette: Tri., May IO. 1974 Deer Meat Case U.S. Assistance Is Asked Bv Alice Witosky * TOLEDO — A Marshalltown attorney for Galley Wanatee, 43, of the Mesquakie Indian settlement near Tama, told Judge Harold D. Victor in Tama county district court Wednesday the Sac and Fox tribal council on the settlement wants a United States attorney to assist in the Tama hunting rights case. Appearing with the attorney at the counsel table was Donald Wanatee, secretary of the tribal council. Gailey Wanatee was not present. Gailey Wanatee was found guilty in April by Magistrate J. E. Arends of unlawful possession of deer meat, a non-in-dictable misdemeanor. He was fined $50 and costs. Unrestricted The attorney filed an appeal to district court in Tama county April 16, appealing the judgment and sentence rendered against Wanatee. He claims the Indians are entitled to unrestricted hunting and fishing within the boundaries of their settlement. Wanatee was accused on Feb. 8 by Conservation Officer Robert Mullen, Toledo, of having the deer meat in his freezer without a valid license. The deer season was open from Dec. 1-5 inclusive., The attorney said no charge was made of a hunting violation, but the question of illegal possession is inter-related. The attorney indicated the tribal council would like the case transferred to federal court and possibly two months would be needed to prepare and transfer the case. Victor said it is agreeable with him if the U.S. attorney wants to appear as additional counsel in the case and he is willing to delay the case for a reasonable time, but, he said, he believes all cases should be Vinton Optimistic On Sewage Plant By Jane LaGrange    submitted at the last regular VINTON - The Vinton city council meeting and specifics-.    ,    jtions were checked bv the of- council received good news at fjcers 0f fjre department. its meeting Thursday    night, The council will let bids on a about the city’s proposed sew- chassis for the truck at a later age disposal plant.    date. Harold Boger!, Green Engi- June 13, was set as the bid let- neering, Cedar Rapids, told the ting date for purchase of a council the city of Vinton is now package sewage treatment 68 an a priority list to receive plant for the McDowell sub- federal funding.    division    in    southwest Vinton. There are approximately 250    Revenue    Sharing Iowa cities and towns on the jjst    The    council    approved the 1974- i 75 revenue sharing fund use First Step He said the city could proceed report as follows: $11,347 allocated for city hall with step one in the project, remodeling project which is an infiltration study, $30,249 for the new fire truck. and may expect to receive fund-, An amount up to $1,500 was ing assistance after June    of    this    aphorized by the council for year.    city beautification. The projects His most optimistic estimate J to be funded include planting of completion of the new plant trees on the Fourth street island w ould be the fall of 1977, provid- and planting a honeysuckle ing plans and funding proceed hedge along the railroad tracks without interruption.    at the west end of Eighth street. The council accepted    low    bid    Recommendations for these on a new fire truck from Toynes two projects had been received Iowa Fire Truck service, Breda, from landscape architects at for $25,854.48. The bids were, Iowa State university, Ames. processed in court without delay. Victor said he has no authority to transfer the case of a misdemeanor to federal court. He set the time for trial on the appeal for July 17 when Judge James Carter will be presiding in Tama county. Judge Victor gave permission for the Native .American Rights Fund of Boulder, Colo., to provide an attorney, besides the U.S. attorney, to appear in the case. Wanatee’s attorney said the Sac and Fox tribal council believes the Indians are entitled to federal support and assistance because the case involves the treaty right of the Sac and Fox tribe of the Mississippi to hunt on them lands without that right being interfered with by the state of Iowa. Clarify Treaty The tribal council, he said, requests the Bureau of Indian Affairs and the solicitor’s office to seek assistance of the U.S. department of justice and the U.S. attorney for the district of Iowa in the defense of Wanatee and the clarification of the treaty in question., Howard C. Davenport is chairman of the tribal council. In Magistrate J. E. Arends court, Tama County Attorney Jared O. Bauch said the Indians of the settlement own their own land and have no greater rights to hunt and fish in this state than other citizens of the state. The state game laws are the same for them as for other residents of the state, he said. Arends, in his decision, said he holds that tribal members in Iowa are subject to all crimes and misdemeanors set forth in the laws of Iowa and there is no authority for them to pick and choose the laws they will obey. “It seems they do not question the state’s jurisdiction in serious offenses aginst state law, but do question authority in certain offenses,” Arends said. At the hearing in magistrate’s court, Mullen testified he and other conservation officers obtained a search warrant after they saw a deer ma PERENNIALS Field Grown Clumps — Blooming & Ready to Bloom — FRESHLY DUG Large Variety to Choose from • Iris    •    Creeping Phlox    • Red & Green •Coralbells    • Blue Bells    Hen    & Chicks • Memorial Day    • Blue Salvia    • Lily of Daisies    •    Gloriosa Daisy    the Valley • Shasta Daisies • Ferns    •    Buttercups Blue Flax Your Choice $1 29 • Coreopsis each For Those Hard to Find Items Shop Peck’s \ » ■ i VI L J — TOMATOES — Roma Paste, Yellow Pear, Oxheart, Early Girl, Better Boy, Tiny Tim and all the old Standbys. — PEPPERS — Hot-Red Chili, Hungarian Wax, Hot Banana, Pimento, Jalapino Ground-cherries, Sweet Potato plants, Cucumbers, Broccoli, Cauliflower, Bib Lettuce, Cantaloupe plants. Flower Plants - petunias, marigolds, salvia 69 a packet Rhododendren and / ^ Aia,eas Hardy — Loves Shade — In Bloom LANDSCAPE DESIGNERS AND CONTRACTORS Bird Baths and many other lawn ornaments. 5Q08 Cenler P! Rd N f hide outside Wanatee’s home after the hunting season was closed. He had received reports of deer poaching on the settlement, he said. A search of the freezer disclosed two packages of deer meat in clear plastic bags. Wanatee testified the meat was from a deer killed by his 16-year-old son Dec. I. the first day of the deer-hunting season. The son had no hunting license, Wanatee said. Wanatee said he. himself, had no license either. Kenneth Youngbear, 65, testified in magistrate’s court that the Indians own their land and it is held in trust for them by the U.S. department of the interior. He said the Indians have always hunted and fished without licenses within their boundaries whenever they wished. UNI Curriculum Proposals Okayed COUNCIL BLUFFS (UPI) -Several curriculum recommendations for the University of    j county Northern Iowa Thursday were referred for further study to the state’s inter-institutional.    .    .    . .. committee on educational coot-I    f.    „    , d,nation at the board of regents |    «    t, "L w meeting here    many    years ln vanous Publlc meeting here.    {elected    and appointive o{fices I he recommendations include    ancj sajd    county    business proposals tor a major in the ^ jjjg business and needs a busi- teaching of religion in secondary    ness man    position. schools and master’s programs , ^ Gardner, former Cedar iii foreign languages and in the Rapjds council member, also teaching of English as a foreign cj|ed bis many years of experi- Supervisor Candidates Air Views CENTER POINT - County roads and intergovernmenta cooperation were the key points expressed Thursday night at the Linn County Municipalities Assn meeting here. Guests for the evening were candidates for Linn county su pervisor. Appearing in person were Paul Huber, Loren Capron, Tom Neenan, Larry Read ing and Don Gardner. Stan Ginsberg, sent a representative Ginsberg’s letter, read by Suki Cell of Mt. Vernon, said he hoped to establish an employment referral service in the courthouse for county job openings. This service could be utilized with existing employes at no additional cost. Spending Practices Reading cited his experience in working with county engineers and road construction and maintenance employes, and also maintained that the county is going to have to look at its spending practices. Capron also stressed the need for good county roads, not only for the farmers, he said, but also because good county roads will improve the economics of the small towns within the Neenan said he believes board members should serve full time language. UNI Provost James Martin said the recommendation for the teaching of religion was added because of a new interest in that area by secondary school administrators. Jesup Girl Dies ence and advocated more intergovernmental cooperation. “I pledge you my full time, open mind and open door,” he added. Paul Huber said he will, if elected, try to make this a better county. “There is no corruption at the courthouse at the r ll • r I present time,” he said, but in-oHowing Crash djcated ^at such practices WATERLOO (UPI) — A traf- might seep down from Washing-fic accident in eastern Black ton. Hawk county Wednesday took    *    *    * its second life early today when In another portion of the pro-Kristine Hart of Jesup died at gram, Elaine Gundacker, field a hospital here.    representative for the Iowa Her mother, Mary Hart, 29.1 League of Municipalities, noted was killed after a two-car crash some 400 cities in Iowa still on Wednesday 14 miles west1 have not adopted portions of the of Jesup on U.S. 20.    home rule bill, and said of the The other driver, Russell bill “it is probably one of the Krug, 20, Littleton, escaped with most revolutionary documents minor injuries.    in our state.” Citizens' Aide Blasts Iowa Prison Official By Harrison Weber DES MOINES (IDRA) - The warden of the Fort Madison penitentiary, Lou V. Brewer, is the object of sharp criticism in a report issued Friday by State Citizens’ Aide Thomas Mayer. The case involves a lifer at the prison, with no chance of parole, having the only visitor on his approved list of visitors removed without a satisfactory explanation. That happened last December. Some five months later the visitor was reinstated, but Mayer feels this happened only because Brewer became convinced the citizens’ aide office would persist in the matter until satisfactory explanation was received or the visitor was reinstated. What makes the case unusual is that the visitor was removed because she was the mother of another inmate and was on his visiting list. But when Mayer began investigating, he discovered the visitor’s son had been released from prison. Made Recommendation Since it appeared the stated reasons for the remvoal were not valid, the citizens’ aide made an informal recommendation that the visitor be reinstated. Warden Brewer, however, advised Mayer at that time he would not reinstate her because to do so would endanger the security of the institution. This prompted Mayer to request specific information as to how this would so endanger the institutional security. Brewer replied such information could not be given in order to protect informants. When asked finally, after a series of meetings, for substantive evidence on the refusal to reinstate the visitor, the warden produced what he referred to as the “unclosed incident and investigation file”, which contained “snitch kites (messages) and informant information.” There were several matters contained in the file which were revelant to the matter at hand, Mayer reported. The citizens’ aide reviewed the file and concluded that, although r e I e-vant, the material did not sufficiently justify removal of the visitor from the inamate’s approved visiting list. Warden Agreed The citizens’ aide recommended the visitor be restored to the approved list. The warden, at this time, agreed, contingent upon a meeting being arranged with the visitor to discuss the matter contained in the “incident” file. A meeting was arranged, the citizen drove from Keokuk, some 20 miles from Fort Madison, but the warden’s secretary said the warden was not available, and neither was the deputy warden nor the director of treatment. When asked who could be contacted for information, the warden’s secretary replied, “I don’t know.” She advised that the penitentiary administration were in a meeting downtown and could not be reached by telephone. “It appeared the warden’s secretary was in charge of the penitentiary,” Mayer states in his report. Subsequently the visitor met with the prison staff and her visting rights were officially reinstated. In conclusion, Mayer noted this “apparent attitude of a lack of willingness to cooperate, as is dictated by a statute, is not prevalent at the penitentiary except among higher level administration officials.” Warden Brewer was given seven days to respond to Mayer’s report; he did not do so in that time period. Found Innocent TOLEDO - A Tama county district court jury resumed a verdict of innocent in the case of David James Wamell, 19, Marshalltown, charged with receiving or aiding in concealing property valued at more thanj 520 belonging to Lyle Sienknecht, Clutier. Feb. 14, knowing it was stolen. Hearing May 17 on Iowa Data Action IOWA CITY -Judge James Carter has set May 17 at 3 p.m. as the hearing date iii the action brought by the Johnson county board of supervisors against Iowa Data Processing, Inc., Cedar Rapids, and Johnson Auditor Delores Rogers. At issue Is the question of whether Mrs. Rogers, as commissioner of elections, can legally enter into a contract with Iowa Data for election lists and registration. The board has contended she may not do so without its approval. Lobbyist Spending Figures Reported DES MOINES (AP) - Financial disclosure records filed with the secretary of tile senate tind the chief clerk of the house show special interest lobbyists spent $54,269 during the first three months of the 1974 Iowa legislative session. Most of the money was spent for wining and dining state representatives and senators. The total spent on the IOO representatives from Jan. 14 through March 31 was listed as $44,132. For the 50 senators the figure was $10,137. The largest outlay by any single group during March was (he $2,560 reported spent for lobbying in both houses by the Iowa State Bar Assn., the ! state’s major organization of lawyers and judges. Youth Apprehended ELKADER—Clayton    county Deputy Sheriff Lee Brady apprehended a 17-year-old McGregor youth Wednesday after reports someone was firing from a car on the Great River road between Clayton and McGregor. AUTHENTIC LOOK OF FASHION Toke a pair of Levi s blue denims — cow-hand style or slip into a pair of bell bottoms. Add a matching Levi’s jacket for a great fashion look at small money. Right on! Jackets and pants made from 100% cotton. Jacket in sizes 36 to 50, pants in waist sizes 29 to 42. Jacket $14 Pant 11.50 JESSES ARMSTRONG BOYS’ STORE THIRD FLOOR quality is economy prrr Time-Out” (lasualwear by Farah ... the new unstructured blazer! *30 just • navy brown It’s new. It’s good looking. It’s inexpensive! Farah styles the “ Time-Out” blazer for the man who wants to look at ease. Smart contrast stitching gives this coat a fashion touch. Made from 100% Encron polyester in regular sizes 3846, long sizes 40-46. Pick yours out tomorrow. 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