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Cedar Rapids Gazette (Newspaper) - September 17, 1974, Cedar Rapids, Iowa Weather— Clear tonight with lows in low 50s. Mostly s ii n ii y Wednesday, highs in low 80s. VOLUME 92 NUM BE!(”251 lit lipids (!) CEDAR RAPIDS, IOWA, TUESDAY, SEPTEMBER 17, 1974 CITY FINAL 15 CENTS ASSOCIATED PRESS, UPI, NEW YORK TIMES Turner: IE Penalty Rate Illegal By Dale Kueter Iowa Atty. Gen. Richard Turner Tuesday brought suit against Iowa Electric Light and Power Co. seeking to enjoin the utility from collecting what he calls ‘‘illegal and usurious” penalty charges for late payment of Utility bills. In the suit, Turner said it has been the practice of the defendant for some years to ‘‘impose a; so-called late payment penalty”; in addition to the actual amount! owed by a customer if the bill is! not paid on a specified date. Turner said if the bill is paid i by the customer within 15 days.! only the actual amount is charged, ‘‘commonly known as the net amount.” Five Percent However, in the event the customer does not pay the bill in full on or before the 15-day period given, “a so-called late-payment penalty in the amount of five percent of the net amount is added. ‘‘The so-called late penalty is nothing more than interest founded upon a contract for the sale of services and personal property and for the forbearance of collection of a debt.” Turner said when the legislature revamped Iowa’s interest law, it exempted utilities. ‘‘We contend.” he told The Gazette, ‘‘that utilities are still subject to the usury limitations of chapter 535. Cannot Waive ‘‘The Iowa commerce com- WASHINGTON (AP) — Pres-mission contends it has the au-iident Ford's transition team has No Secret Reason for fjgjm Pj-jfj Pardon, Ford Insists c:.:.. scl Gazette Leased Wires    fears that the materials may go ■ WASHINGTON (AP) — Pres- to Nixon even while they may' 'ident Ford says Richard Nixon’s be needed by prosecutors. The Crfl A I acceptance of a pardon could be source said there was a meeting! ^ I (JL l^||||ojp construed as an admission of °n the subject between Ford I • I ■#IIIIWII guilt, but Ford’s unyielding de-,and Jaworski aides last Thurs-; tense of the clemency has failed day. but none since then.    Cedar *ap,d‘ News~ to still criticism of his decision. “Persuasive Evidence” 1 t ?ern*J!?ri,1/.arrncr3 Ford also said Monday night    I !iav(; brou#bt a $1.39 billion suit there were no secret reasons for ReviewinfJ his decision to par- in Cedar Rapids federal court the nardon and no secret deals don thc former President, Ford;charging the nation’s three larg-with Nixo"    went farthl!r tha" ever bef01* est [00d chains with conspiracy _suggesting Nixon was guilty of in establishing low livestock Photo on Picture Page impeachable offenses if not prices. -criminal misconduct. He said Named as defendants are And he disclosed he is moving fbc unanimous judiciary com- Safeway Stores, Inc., the Great to allay concern among Water- m*flee vote for impeachment gate prosecutors about safe-1was “very persuasive evidence” ! guarding Nixon tapes as potcn-and mother point declared, I tial evidence    in response to a question, ‘‘the I acceptance of a pardon, I think Destruction Clause A reporter noted thc government's agreement with Nixon ! regarding custody of his tapes land records provides for dc- (Continued: Page 3, Col. 7.) - AP Wirephoto THE TRIAL IS OVER — Russell Means, left, and Dennis Banks, American Indian Movement leaders, atter dismissal of charges against them in connection with the occupation of Wounded Knee, S. D. Istruction of the tapes in the I event of the former President’s death. The newsman asked if The tapes should not be kept in I the White House until Watergate I special prosecutor Leon Ja-jworski has no further need for I them. Ford said. ‘‘The tapes and I documents are still in our possession and we are . . . working with thc special prosecutor’s of- By prdnk Nye fice to alleviate any concerns A Republican Atlantic and Pacific Tea Co. and Kroger Co. The five livestock producers filed the court action on behalf of all Iowans who raise cattle can    be construed    by    many,    if    I and hogs for sale to packers, not    all, as    an    admission    of    Plaintiffs are William Li- guilt.”    j    benthal,    Herschel    Fitzer,    Ken- Ford rejected any comparison ^ rcv and Dean Ripson, all between his full pardon of Nixon a,.Purank 311 Delmar Klahn of Wilton. ‘‘The defendants have been and now are engaged in an I unlawful combination and con-I spiracy to restrain unreasonably Withdrawal Move Late; Funds Cited interstate trade and commerce in livestock and fresh frozen and processed meat products,” the suit charges. The plaintiffs said the amount livestock producers receive de- Cutting of Kissinger's Role Urged Federal Misconduct Rapped by AIM Judge thority to regulate utilities,” said Turner, ‘‘including the issue of late charges. We say it recommended that he reor- ST. PAUL (AP) — American Indian Movement leaders Dennis Banks and Russell Means have won dismissals in the major test Banks, 42, St. Paul, and Means, 35, Porcupine, S. D., ending the eight-month trial. ...    case of the 71-day Wounded gantze me National security R occupation> although the Council and strip Secretary of , .    , a*rn*nt    unreal chapter written with a new cannot waive application of the|state Kissinger of his role as the](decision    dPPCdI!n-~.^~~* «... pends upon what the defendants candidate for Pay- 'they have as to their disposition state representative who tried The action further charges and their availability.”    to withdraw from the ticket due That the defendants entered an Responding to a barrage of    to money problems learned agreement to pay suppliers pardon-related questions at his    Monday his request was made ‘uniform, arbitrary, non-com- second broadcast news confer-    too late to have his name re-lP^ive and artificial low once, Ford declared, ‘ I am ab-    moved from the Nov. 5 election prices. ’ It further alleges that Ssolutely convinced ... I made ballot.    The defendants concealed the ;the right decision in an effort,! Norris Dobbin of 3853 Clark practice. an honest, conscientious effort, road SE told a small group of The court is asked to enjoin "Torpor!t0 end ^e 'Watergate) divisions supporters Sunday at the home 'he defendants and other un-1    Cl    I    VJI    IO    I    O    and lhe lurmoii in the United    of Constance Brooks, 1813 Sixth named co-conspirators. THE HAG IIF    Netherlands    states”    avenue SE, that he is broke' Plaintiffs tentatively claimed Ford maintained that the    when it comes to campaign ^at damages amount to $485 President had been funds.    I    million    statewide, shamed and disgraced” by his; Dobbin, running in the 25th T*,cy ask    court    aH°w Police Clear Escape for resignation. ‘‘Heal the Nation” Nichol said atone point, “Thisj<UPI> ~ p°lice cleared an es-has been a bad year for justice. caPe rou*e Tuesday for three 4° r I would like to fee a new|JaPaneS€ terrorists who have held nine hostages at the President. But I’m afraid thatiPrenc^ embassy since Friday, usury law.”    president's assistant for na- ®    J    ,    ,'isn’t so.”    and    the    grim    drama    appeared,    Th    Prcsidont    a.s0    said That law limits per annum in-: tional security affairs, it was' ^^"‘Bantewerent    near    a    climax. The safety-of the M    jnsidc lnformation terest on unwritten contracts to learned Tuesday    worried    about    an    appeal as    in.,,,    hostages    remained    in    doubt.    °    r— five percent. Turner said, with a c    ^    _    ..    Banks    stood on a table in a PaDment refused to allow jui„ Pojjce ordered all motorists    ?n s hcall:h at Ithe    of t,1c teacher, to ask “that my name IIVI pci ICUI. IU! 111! amu, un a, sources said Fords reaction . . .    .    huianrin* a deliberations to continue after ff    J1 J- * cu u1 pardon, and a though he was ^ takcn 0rf November bal nine percent annual limit on    known    and no det,ljo„s push hotel room balanung a,    off    the    road leading to Sduphol Jware of pub,ish|d reports *J 'akcn « lbe Novcmber bal wntten contracts and no collec-• havcbeenma(fc    cake    in each hand Monday;^ Jcllffp;oH a „,hp.h airport where an Air France Niwul Jin„    Lr. district, which includes precincts i re,!li"g a", amc'ndml daim la,er' in Linn and Johnson counties.] and * !    ! anloun! tripled told the group he had instructed as a Pcna“Y-”e his campaign manager, Bill A ~Z ~ I po Freeburg, a Cedar Rapids ^fOCK MdfkCt tion on open accounts until six months after the date of the last item charged on the bill. The attorney general claims in the suit that IE’s late payment penalty of five percent is translated into an annual rate of 60 percent if the payment is one Thc objective would be to revitalize the council’s original role as a broad-based presidential advisory body in the foreign policy and national security areas. For more than five years thc night. rier, suffered a stroke which left Boeing 707 awaited with a vol unteer Dutch crew to fly the Nixon was ailing, ‘‘I was more anxious to heal the nation.” Rises Sharply A number of congressional $150 in Hole    NEW    YORK    (AP)    —    Hopes ‘‘He (Freeburg) called Des-[hat interest rates may be eas- , . her partially paralyzed. One of the cakes bore the let-! tors “FBI” before Banks;    For Acquittal    hostages    out    of    thc    country    with    ^^'said'    th^Tere    'ti*    Moines    Ind'wls’tow'Tby 7hU"« «** helped send stocks slammed it on thc checkered! Tuesday, juror James I’ut- another Japanese terrorist re- t| (i d b Ford s’defense of secretary of state's office) it.soaring for the second straight nam. 22. of Rochester, said Mrs. Icased earher by h ranee as part .    ,    •    .    _    .    . /    r-------1-----:    i    J.. i    of    thp    *    C    .    ,    * ‘‘Tonight, I thought carpet. The scene was a stark con-;Cherrier favored acquittal. Vl “,c uta“    I “Tonight I thought there trust to thc dusty, flat, grazing Assistant U. S. Attorney R. D.; The a,rPorl vvas nnScd uwlth, might be some light,” said Rep. land of the Pine Ridge Indian Hurd, chief government prose- a[mored cars and army sharP- waldie (D-Calif.) a member of reservation in South Dakota cutor, had said he would not ac- shooters and special precautions ^ h judiciary committee —    were taken ut Paris Orly air- (Continued: Page 7, Col. 4.) where AIM members and sym- copt a verdict from ll jury k in case the terrorists, , . members of the extremist Japa-!^ac .l71611 that recommended Nixon’s im- ‘‘but there was Chairman Rodino (D-N.J.) of month late; 120 percent if 151 council has been dominated by days late; and 1,825 percent if Kissinger, who in his role as the bill is paid one day after the; presidential assistant ii. JU pha|hij,crs resisled u s mar-members because he felt Mrs. P°rt deadline.    opera :ing    :shals in thc spring of 1973.    Cherrier    would    have    voted to men—-—. - - .    - pone Only Remedy    |manship of the President. I    ^    convict.    *nese Army, should try to ‘‘Such five percent,” Turner Konger headed the council    Misconduct    “Mrs.    Cherrier    was    pushing    land ^ere-    jthe judiciary committee said it charged, ‘‘is usurious and Hie-‘Dcfore becoming secretary <> About 200 persons, half ot f0r acquittal on all five counts,”;    Released    I un    would    have been better had gal,” and the only remedy |s^e an(* ^as ma,ntailjcd that them white, celebrated with the putnam said. “She argued that A force of 20 police sharp- pord “pursued the judicial available to the customer is “to ir(de s‘nce movin8 to lhe state tw0 aim leaders, including four from beginning.”    jshooters was on hand there. The    s^w . ajj are refuse to pay the interest or j department.    'jurors who had earlier said they    other    Charlies    ; Japanese released two women treated equany undcr the law.” wait to be sued on his account”) Fords transition advisers felt s would have voted to acquit the j    hostages Monday in exchange; ^ v;en> Aiken (R*Vt.) said ‘‘pursued process to show uapaiitsc i V.IV.UOV.VI i u n umv" i Ford s transition advisers felt | would have voted to acquit thc    othcr Charges    hostages    Monday in exchange Turner said the customer then lit would be well to reshape the pair if they’d had thc chance. Federal court procedure re-jfor cigarets, food and medicine    explanalion    was    ‘    pretty    i. risks having his utility service council because so many agen-j But in a sighing attack oniquircs the approval of both|but were still holding nine Per-;straightforward and will make1 cutoff.    des besides thc state depart- “government misconduct,” U.S. sides before a jury may con- sons including the French aim im ion on a lot of He said because of thc non- ment are involved in fashioning District judge Fred Nichol dis-|tinue deliberations with one or;bassador to the NetherlandsU .    didn<t g    w|th thp competitive nature of the de- J (Continued-Page 3 Col. 6.) 'missed the charges against more jurors missing.    I    Count Jacques; Se nard. All had ^ „ The defendants had hoped for been under a death threat since    A source ^ tQ Jaworski an acquittal to pave the way for friday.    d vagueness of Ford’s wiping out charges against all Queen Juliana, making “ other Wounded Knee defendants, now numbering about 90 The two AIM leaders were tagged by federal prosecutors as the key figures in a seven- By AsKoriated Pri*s?t    on Hie streets in lorce to protect    m;m jeadorship that allegedlv law    int    Sth()0,s in Kanawha county<    black children being bused in to    steered the    armed takeover of i(i.4„ltp . rjsrd \vircs tho five    w- Va - reopened Tuesday as    integrate white schools.    the historic    South Dakota ham a protest against alleged anti-i    a handful of onlookers stood    jct jast ycar “This practice is and ehould rd'8‘ous textbooks entered its on street corners as four bus- fondant’s business, a refusal to supply a customer with energy under such circumstances ‘‘coerces and forces said customers to pay this illegal and usurious interest. “This defendant is openly, publicly, repeatedly, continuously, persistently and intentionally violating the charging its customers' percent penalty. Schools Shut in Book Hassle Are Reopened be declared abated and enjoined as a wrongful and continuing public nuisance Injunction Asked He asks the court to penna- j gathered at the state capitol neatly enjoin Iowa Electric from and marched three blocks to the Mrs. Cherrier was pushingdand there. Released Two    I”™:    ~    T^T    M    W ll WASHINGTON (AP) - A group originally organized to fight impeachment proceedings, against resigned President Nixon changed its name Monday and said it would now promote a wide range of conserva-I tive causes. Bruce Herschensohn, a former Nixon aide and frequent critic of the national news media, will be executive director of the organization while Rabbi Baruch Korff remains as its president. | The group is now called the I United States Citizens’ (Congress. It had been titled the National Citizens’ Committee tional health, welfare, safety|where several key leaders en-j^or Farness to the Presidency. President Ford’s limited am- and interest.” Hospital positions dorsed it.    w nesty plan has created a storm were cited as a common exam- President Ford on Monday set j    Physician    Slain 'Nichol stopped short of acquit-J0f controversy but apparently pie and all work was expected to in motion the government ma-; BUENOS AIRES (AP) — A (Continued: Page 3, Col. 6. vagueness (response to questions about the topes and documents raised day Tuesday, analysts said. The Dow Jones average gained 16.27 to 656.05 at 2 p.m. in moderate trading. Gainers led losers 6 to I. Name Change by Pro-Nixon Group Norris Dobbin Evaders Cool to Amnesty SM |U <( \\u> hiVrH    «b    aU    ^.i^F'Lr    Ga*    <nn!h    ta1,    ,ns,ead‘ Ms dismissal allows has drawn few inquiries from be similar to that performed in chinery to grant conditional am-1 provincial police physician, pre- ...    .    .......    -    La    .    a.    F    s.    y*^    1    [the    government    to    appeal    vsitlnn;draf(_ evaders or deserters and'the past by conscientious objec-nesty to Vietnam-era draftjsumed linked to a right-wing tion a||*^^and coa* m*nes re" Bostona. «i on of! ^ ^ays-    no    early    confirmed    reports    of    tors.    [evaders    and    deserters    if    they    (group, was shot to death as he (named closed.    I    However,    there was no sign ot Nichol blistered the FBI, the    ^ An estimated 800 protesters the' crowds of demonstrators J justice department and pro.secu- an' that disrupted the neighborhood J jors jn a one-hour denunciation. throughout the day Monday, the takers.    1    Predictable    'reaffirm    their    allegiance to the'stood in the door of his home The justice department said Initial reaction to the proposal I United States by Jan. 31, 1975, (Tuesday. IO persons identifying them-was predictable. War resistersjand work up to 24 months in “Over the Brink”    selves    as evaders or deserters said it didn’t go far enough and low-paying public service jobs. greater "thai. (ive cents on tbe|^rs were on hand as ob-leral court order. '    !    “In    my opinion tho depart-1 called asking information dor -veterans groups sa.d it went too; He.also indicated Ihat^rsons hundred by the year on unwrit- j servcrs and no incidents were Although schoolchildren j ment of justice should have mg Hie hrs! I. hours ofter am-tar    >    SP    ‘    . avoided injury Monday, five'sought justice in this case by nesty was announced.    Draft    evaders    and    deserters 1    Comics imposing a rate of interest county board offices. State third day of busing under a fed- Today’s Index ten contracts; nine cents on ll'*-1, reported. hundred by the year on contracts in writing, and to    ported    at    schools,    compared    to .Spokeswoman Gloria Brown living in exile called the propos- be released pending open accounts until (Continued: Page 3, Col 3.) Thnr*. uric liftu* nirkniimi re persons on a city bus with a permitting it to go to the jury, -r—    -    ,    -    .    ,    _    .,    .    ..... , 1 k Wack driver were injured when rather than deny that justice said some of the calls came a1 unacceptable because it im- on their cases; by an amnesty the bus was stoned on a regular!because they refused to accept from persons in C anada who plied guilt on the part of those 1 valency ar transit run.    the unanimous verdict of an 11 said they had no money for (who had spurned involvement in    Little    Interest i And 20 persons were arrested, most on disorderly conduct member jury,” Nichol said. transportation to a ti. S. attor- what they viewed as an immor-The judge referred to his deci-jney’s office    a1 war. last week. Officials said no problems were encountered with the re* lchnrge.s, in Sou!h Boston. where|sion on an earlier defense dis-j She added five department! Veterans groups and some and ingo fugitive draft evaders Kanawha County School Supt..police encountered roving bandsmissal motion in which he said employes will handle amnesty relatives of Vietnam casualties ,    ’    1 lf the good Lord had intended Kenneth Underwood announced^ whjte youths.    J    the    FBI    had    driven    him    to    the    inquiries    were    just    as    vehement in their for us to live in a permissive ‘ Todays Chuckie In Canada, the most popular haven for the 12,500 deserters society, wouldn’t the Ten Commandments have been the Ion Suggestions? Copyright ipparently was little in his decision to reopen schools Qassei were conducted with-1 brink of dismissing the charges Administration officials said opposition, calling it a betrayal    acceptlng    lhc    ofk>r    ofi    Sports after talks with community and Lut incident although two black I The latest defense motion for the Selective Service system of those who had fought and]    .    State law enforcement officials eon-juveniles were arrested after dismissal was filed Saturday. would direct thc program and died in Southeast Asia vin cod him it would be safe. rocks hit a bus carrying white One major American war In Boston, police were again students home “It’s only fair to say I am now that the government would help| The plan probably received its,cxile group 111 T01’011'0* knovvn Want Ads over the brink,” Nichol said. |lind jobs benefitting the “na-iwarmcst reception In congress! (Continued: Page 3, Col. 5.)    |   21 decisions! Crossword ................. 21 Daily Record ............... 3 Deaths ..................... 3 Editorial Features.......... 6 Farm ...............   12 Financial ...........   22 Marion ...................,13 Movies .................... 20 Society ................. 10,11 .............. 15-17 ..................4,5 Television ............... 18 23-27 ;