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Lethbridge Herald (Newspaper) - January 15, 1971, Lethbridge, Alberta WARMER Forecast high Saturday 30 above The LetHbridae Herald ? ? ? ? ? VOL. LXIV - No. 29 LETHBRIDGE, ALBERTA, FRIDAY, JANUARY 15, 197J. PRICE NOT OVER 10 CENTS TWO SECTIONS - 22 PAGES Ruling could mark return of hangman By GERARD McNEIL OTTAWA (CP)-Because a jury didn't recommend mercy last year when it found William Roy Rostik guilty of murdering police constable Robert Carrick, the federal cabinet will soon have to make an important decision on the death penalty. The decision could mark the return of the hangman after an eight-year absence. Parliament suspended the death penalty Dec. 29, 1967, for a trial period of five years, except where police or prison guards were murdered while on duty. Rosik will be the third man on death row to appeal to the cabinet for mercy since the trial period began. Two earlier commutations were justified by referring to the fact that the juries had recommended1 clemency. The first was that of Leonard Borg, 33, who shot a Mountie in Grande Prairie, Alta., June 23, 1967. Even Borg was surprised when his death sentence was commuted in 1969, he said. The second was Clarence Wickett Lurvey, 52, who was engaged in a grocery hold-up July 18, when he shot Constable Leonard Shakespeare in St. Boniface, Man. His commutation came Dec. 23,1970. Both commutations stirred sharp criticism. Police Chief Norman Stewart of Winnipeg said the cabinet decision in the Lurvey case made a mockery of the law protecting police. Rostik's appeal to the Supreme Court of Canada was rejected last month and a final appeal to the cabinet was received by the solicitor-general's department this week. A comprehensive brief on the case will go to the cabinet sometime this winter and the full cabinet will make a decision. Because there was no recommendation of mercy, the cabinet more than ^ver will face charges that it isn't upholding the law if it commutes Rosik's sentence. Election issue At least one cabinet minister says the death penalty could become a serious issue in next year's expected election. The trial period ends Dec. 29, 1972, and another bitter debate on the future of capital punishment is expected next year in Parliament. ' The gallows was last used Dec. 11, 1962, to hang two men in Toronto. One had killed a policeman. Between .1063 and l!W the government headed by Lester B. Pears&i comauited about 30 death sentences. One was that of Georges Marcotte, a Montreal thief who machine-gunned two policemen a week before  Christmas during a $142,000 bank hold-up. Marcotte, wearing a Santa Claus suit, killed the policemen only days after the 1962 hanging in the Toronto jail. Rostik, 23, shot and killed Constable Carrick, 22, Aug. 23, 1969, and injured two other police who had been called to a house in Sandwich Township Ont, to deal with a domestic quarrel. Rosik's lawyer, said he was full of pills and whiskey when he did the shooting. The debate on capital punishment has been sharpened by the kidnapping and murder of Pierre Laporte, Quebec labor minister, last October. Some MPs have called for amendments to make political assassination a capital crime. It isn't now, and the harshest penalty that can be imposed on the Laporte killers is life in prison. However, there is little sentiment in the federal cabinet for capital punishment. As new solicitor-general Jean-Pierre Goyer put it during the capital punishment debate of 1966: "Abolition is no innovation. It has existed in several countries for half a century. "To innovate would mean more than that. "It would, rather, mean improving methods of rehabilitation, and studying ways of compensating in part the parents and close relatives of the victim, which would surely be more effective than the brute satisfaction of executing the criminal. "This is the course of action of a progressive Parliament." Postal strike faces Britain LONDON (AP) - Post office workers have called a strike, beginning next Wednesday, that could cut off most of Britain's contacts with the rest of the world. The postal strike-the first in Britain's history-would hit mail, telephone, telegraph and telex services, all maintained in this country by the post office. Internally, the strike would cause communications chaos within hours, halting delivery of 35 million letters and 500,000 parcels a day, and disrupting the lives and jobs of millions of Britons. The Post Office Workers Union, representing 230,-000 workers, called the strike today after rejecting a management offer to raise pay by eight per cent. The union wants 15 per cent. Some hope remained that a settlement could still be reached before the strike begins. Tom Jackson, the union leader, said he would ask later today if Employment Minister Robert Carr would try to mediate the dispute. The union had earlier rejected compulsory arbitration. Prime Minister Edward Heath's Conservative government, which runs the post office, has been taking a hard line against inflationary wage settlements and opposes the 15 per cent raise. Last month, Heath faced a strike by electricity workers rather than give in to their demands for a 20-30 per cent wage boost. Public opinion rallied behind the government and the strike was called off, pending examination of the wage dispute by an impartial tribunal. Heath defends Britain's right SINGAPORE (CP) - British Prime Minister Heath defended today his country's right to make its own decisions and said the Commonwealth is not a court of appeal with powers to iit in final judgment on policies and actions of its members. Heath, speaking before the second session of the Commonwealth prime ministers conference, urged leaders of 30 other Trudeau suggests compromise plan PRESIDENT NYERERE . . . Raises fuss SINGAPORE (CP) - Britain should assert its right to sell arms to South Africa but delay for some time implementation of the policy, Primo Minister Trudeau said tonight. At the same time, Britain should accept a proposed declaration of Commonwealth princi- ples on multiracialism, he said. Trudeau suggested that in this way a compromise could be worked out on the arms issue at the Commonwealth prime ministers' conference here. He made the comments in an interview with the CBC radio news service. Trudeau said it would be a hard blow for the African members of the Commonwealth if Britain were to announce confirmation of an arms sale immediately after the conference. A delay in such a policy might give the Africans time to bring pressure to bear on such countries as France and Italy which already sell arms to South Africa. If Britain delayed a sale "something might happen in the intervening time," Trudeau said. Hotel Complex goes ahead after city protest rejected By HERB JOHNSON Herald Staff Writer Residents of the Glendale area last night lost their appeal against a high-rise hotel complex in Shoppers' World. Developer Art Batty says construction of the $2Vz million, 12-storey hotel STARCH IN THE LONG JOHNS? - The co mplaint about too much starch in the wash won't stand up this time, says Jane Johnsto n of Edmonton, even though her wash will. The "solid evidence" is merely because her wash froze when the hung it out to dry in the 25-degree-below-zero weather. Lemieux swears should get under way in March. OPPOSITION VOICED Opposition to the project has been voiced by some persons living in the vicinity at a series of public meetings on various aspects of the development. Last night's hearing by the Development Appeal Board was concerned specifically with a Dec. 2 decision by the Municipal Planning Commission approving the hotel. The decision was appealed in mid-December by Glendale residents and upheld last night by the appeal board in a unanimous vote. The five-m ember board heard representations from four Glendale residents. Shoppers' World was represented by Art Batty, company pesident, and lawyer Bill Davidson. In a three-hour meeting in which feelings occasionally ran high, the board heard the pros and cons of all aspects of the proposed development, although, as board member William Russell pointed out, the appeal itself was lodged on the basis of density standards having been waived by the MPC when it approved the project. Density standards are a requirement contained in the city's zoning bylaw and refer to the ratio between the size of the site and the floor area of a building. LABELLED BLACK EYE Although 100 persons attended a public hearing on the closing of a portion of 4th Ave. S. (also a part of the process of getting approval for the project) only about 20 braved the cold to attend last night's hearing. They heard Max Gibb, who lives across the street from Shoppers' World, tell the board the hotel was "unreasonable in the privileges it accorded the developer" and was a "black eye" for the city. In a prepared presentation, Mr. Gibb said he objected to the traffic congestion, inconvenience and unsightliness associated with the project, all of which would adversely affect the value of his property. He also said there was a "dangerous lack of continuity in the democratic process" in the way the development had been approved by the city. SENTIMENTS ECHOED His sentiments were echoed by Dr. Bob Kasting, who told the board it was difficult for a private citizen to make.known, his objections to the hotel, lie said he had the impression the hotel had been unofficially approved long ago and there was nothing an ordinary citizen could do about it. v Lawyer Bill Davidson replied to the objections. On the question of density standards, he pointed to the large open space adjacent to the site provided by the city's water reservoir. This, he said, was taken into consideration by the MPC in its decision. He said the real need for the hotel in the city alone was sufficient justification for waiving the standards. The hotel must still go through a public hearing on the closing of a lane and the re-zoning of two residential lots that are to be part of the parking lot. countries to weigh carefully their decisions before allowing the Commonwealth to be fragmented by misunderstanding. He said it is assumed there is nothing involved in Cornmon-wealth membership that would impair the right of a member state to reach its own decisions within its own jurisdiction. "These are the assumptions which lie behind British membership of the Commonwealth," Heath said. In defending Britain's right to decide her policies, Heath was making an indirect reference to his South African arms policy, under fire from most of the Commonwealth. However, he did not mention South Africa by name. The British proposal to provide South Africa with naval arms, including warships, under an old military pact brought another strong denunciation from President Julius Nyerere of Tanzania, who circulated a long statement among the Commonwealth leaders as they resumed their talks. ISSUES WARNING Nyerere, while pleading for continued British friendship, warned that the United Kingdom would be responsible for any damage to the Commonwealth if it proceeds with the policy of arms for the South Africans. A conference source said Heath's one-hour speech, dealing with a broad spectrum of international issues, including the Soviet naval buildup in the Indian Ocean, appeared1 to have been well received. But President Milton Obote of Uganda told a reporter: "To Mr. Heath, Africa does not exist. For Mr. Heath, there are no problems in Africa." Earlier today in the second conference session. Tun Abdul Razak, prime minister of Malaysia, expressed grave concern at the "encouragement, blatani or implied, given to racist regimes" in South Africa, Rhodesia and Portugal's African territories. In his statement, President Nyerere said the proposed sale of British arms to South AfricL would be a sellout of black Afri-can nations. "If anyone fails to understand the depths of Africa's feelings on this matter, then they do not understand the reaction of people who have suffered from racial discrimination." Nyerere placed Tanzania's total opposition to racism and apartheid above unity of the Commonwealth. "We make no apology for the fact that we want to see the present' regime in South Africa overthrown," he said. The sale of British arms to South Africa, whatever the restriction imposed, "is a declaration of support-an implied alliance of a kind." Natal firm gets air charter OTTAWA (CP) - Elk Valley Air Service has been granted a charter commercial air service licence and a recreational flying licence by the Canadian Transport Commission. The company, based at Natal, B.C., will operate with one Cessna 172 aircraft. The application was opposed by K o o I e n a y Airways Ltd., Adastra Aviation Ltd., Fowler Aviation 1970 Ltd. and Leth-bridge A i r Service Ltd. They said the area is already well served by existing operators. Shot in leg BELFAST (Reuter) - A British soldier was shot in the leg early today after a night of bomb-throwing by rioters at Belfast's mainly Roman Catholic Ballymurphy housing development. to fight MONTREAL (CP) - Bail was refused today to lawyer Robert Lemieux and two other persons detained since Oct. 16 under the War Measures Act, but Lemieux swore to fight the decision "in all the courts with all my might." One young man was thrown out of Court of Queen's Bench after shouting, "You call that justice?" to Mr. Justice Roger Ouimel. Tlie other bail applicants are teacher Charles Gagnon and writer Pierre Vallieres. All three are charged with seditious conspiracy and with being members of the outlawed Front de Liberation du Quebec. "I have nothing but pity for you," Lerrieux said to the jus- Blue Cross group rales boosted EDMONTON (CP) - Blue Cross hospital insurance rotes will rise 32 per cent Feb. 1 for customers enrolled in group insurance plans, a spokesman said today. For single persons the rates will rise to $1.65 from $1.25 a month. Family rates will be raised to $3.30 from $2.50 per month. No reason for the increase vas given. court tice after the judgment was read. "This judgment violates the rights ... the most elementary principles of justice." While there was "an injustice against me," he said, there was "an even more serious injustice" against Vallieres and Gagnon who have been in jail on various charges in the last four years. There was loud applause from some of the dozen or so person in court after Lemieux spoke. Seen and heard About town CEPARATE school trus-� tee Paul Matisz saying he didn't want the board to suggest any good ideas to Edmonton "until there's a change of government there," and fellow - trustee and declared Social Credit candidate Dick Grucnwald quipping back, "But you'll be retired from the board at age 65, so you'll never see that happen." War ace dies of leukemia; brother here LONDON (CP) - Canadian war ace Robert (Buck) McNair died of leukemia today after a month's illness. He was 49. A brilliant pilot who chalked up more than a dozen kills in the Second World War, Col. McNair was senior liaison officer for the Canadian air force. McNair received his early education in his native Nova Scotia and then moved to Alberta and Saskatchewan where he received further schooling. A brother, Frank S, lives at 1311 5th Ave. S. in Lethbridge. His father lives in Vancouver. Kimberley worker dies from burns KIMBERLEY, B.C. (CP) -One man has died from burns suffered in a furnace-room explosion Thursday at Cominco Ltd.'s iron plant here. Leo V. Franco, 33, died before he could be flown to Vancouver on a Canadian Forces flight. Victor T. Petrychko, 31, was reported in poor condition in hospital after being flown to Vancouver. Another worker, M. A. Pen-dry, 22, was in good condition in hospital here. The plant has been shut down for an investigation of, the explosion and a check of a second furnace. The 75 employees will work at other jobs until the plant resumes production. Israel raids secret harbor base SARAFAND, Lebanon (AP) - Israeli troops, flying in over the sea by helicopter, today raided a secret harbor base used by Palestinian Arab guerrillas to smuggle men and weapons to Arabs in the occupied Gaza Strip. An estimated 120 Israeli commandos swept tlirough this little fishing village in south Lebanon to blow up two shoreside guerrilla strongpoints. But the guerrillas and the Lebanese army caid they fought off the raiders before they reached the main base. Government and guerrilla communiques said two guerrillas were killed and seven wounded in the three-hour fight, The guerrillas said they killed or wounded at least 15 Israelis. The Lebanese cabinet met in emergency session with President Suleiman Franjieh to decide whether to request a meeting of the UN Security Council. Two army tanks arrived after the Israelis pulled out and took station on the beach flanking Sarafand's little harbor. Tlie area was thick with armed guerrillas. Reporters were barred from the guerrilla base, and it was impossible to verify the guerrilla claim that it was undamaged. The Israelis came in at midnight Thursday night, with two helicopters putting down on the beach and two farther inland. Sarafand is within sight of an American oil terminal and a nearby refinery where oil from Saudi Arabia is piped for loading aboard tankers for Europe. In Tel Aviv, an Israeli spokesman said the raid was in retaliation for a number of Arab guerrilla raids on Israeli settlements along the Lebanese border. The last previous retaliatory raid into Lebanon occurred Dec. 27, when several Arabs and one Israeli were reported killed in an attack on a village six miles across tlie border. PROTEST TO UN Deputy Premier Ghassan Tueni announced later that Le- banon has lodged a protest with the UN Security Council but had not requested a meeting. Foreign Minister Khalil Abu Hamad called in the ambassadors of the United States, Britain, France and the Soviet Union to ask them to support tlie Lebanese protest. The Lebanese army has been put on a state of alert. Meanwhile, United Nations efforts to move the Middle East peace talks off dead centre are in deep trouble and Egypt and Jordan are considering turning the whole problem back to the Security Council. ;