Lethbridge Herald, The (Newspaper) - September 12, 1974, Lethbridge, Alberta
The Lethbridge Herald LETHBRIDGE, ALBERTA, THURSDAY, SEPTEMBER 12, 1974 32 Pages 15 CENTS Army deposes Haile Selassie Hurlburt suing ranch family in land deal A quarter-million dollar land deal between Lethbridge MP Ken Hurlburt and an elderly ranch family at Fort Macleod will be scrutinized in Alberta Supreme Court here next week. Mr. Hurlburt is suing the Hunter family of three brothers and a sister for fail- ing to sell him their ranch near Fort Macleod for The civil trial will attempt to determine whether the MP used "misrepresentations" or "undue influence" to seal the transaction for a lease and op- tion to buy the ranch, as claimed in a counter suit by the Hunters. The case opens, next Wednesday in Lethbridge before Mr. Justice W. K. Moore and is expected to last two days. The Hunters refused to accept the auctioneer. rancher's certified cheque for last April for purchase of the ranch two miles west of Fort Macleod. Mr. Hurlburt operates a ranch northwest of the town. He lives in Fort Macleod. Court documents reveal all four members of the Hunter family signed a lease-option agreement with the MP specifying as the price. Mr. Hurlburt is suing to have the agreement honored. Refused purchase offers The family says in its counter suit it has been building the ranch since 1934 and has refused repeated offers to purchase. It did not agree to sell the ranch to Mr. Hurlburt, the family says. Lined up behind the Hunters is the MP's former hired hand. Gus Moneo of Granum. Mr. Moneo has filed an af- fidavit that Charles Hunter, 71. Howard Hunter, 67, Martha Hunter, 74, and Joseph Hunter. 79, only agreed to give Mr. Hurlburt the first chance to buy their land if they decided to sell. The deal was made after four hours of negotiation at the Hunter home, in June, 1972. Mr. Moneo says in the af- fidavit. He signed the agree- ment as a witness. Mr. Hurlburt actually received the right to buy the ranch if the Hunters cancelled his lease on the property, ac- cording to copies of the agree- ment filed at the courthouse. Mr. Hurlburt exercised the option portion of the agree- ment when the Hunters attempted to evict him. They said they were unhappy with his stewardship of the ranch, that it was being allowed to deteriorate. The Hunters continue to live on the ranch and Mr. Hurlburt. continues to work it. The family was unsuccessful in a Calgary Supreme Court action in July to stop his operations. The Hunters base their case on a claim that they trusted a verbal summary of the agree- ment preferred by the MP at the completion of negotiations, that the verbal agreement differed from the written and that the written agreement was altered after they signed it. 'Binding contract9 The MP is suing for a court declaration that the agree- ment "is a binding contract for the sale." Copies of the agreement with the option clearly spelled out over the signatures have been filed. "The defendants have neglected and refused and continue to neglect or refuse to perform their obligations pursuant to the said Mr. Hurlburt's lawyer says in a statement of claim. City lawyer Charles Virtue of Virtue and Company is presenting MP's case. In the countersuit, the Hunters' lawyer says: "In .reply to the entire statement of claim the defendants (the Hunters) state that they were misled by material statements and material mis- representations made by the plaintiff (Mr. Hurlburt) that they neither minded or intended signing a document of the class and character which they signed the defendants plead undue influence as against the plain- tiff in the circumstances sur- rounding the execution of the agreement." Donald Chernichen of Harradence and Company in Calgary is presenting the Hunters" case. They are suing for an order to rescind the agreement, in general damages and for rent they claim is in arrears. Mr. Hurlburt's statement of defence "denies each and every allegation of fact" set out in the Hunters' suit. It "denies absolutely" that any changes were made to the agreement after the signing. In its suit the family says it agreed to give Mr. Huribtrrt "a first right of refusal" if the Hunters decided to sell. BILL GROENEN photo Waiting for the sunshine Swaths lie in a field five miles west of Lethbridge as farmers await the arrival of hot weather to continue harvest operations. The weather office today had good news for the awaiting farmers. A clearing trend is expected today with temperatures rising to 70 degrees Friday. Sherry Clark, regional director for the agriculture department, said today harvesting operations could be back in full swing in four or five days if the warm, dry weather holds. To date, frost damage overall has been minimal, he said. Claresholm centre director suspended A routine audit has led to the suspension of the Claresholm Care Centre's director and a police investigation of the centre's financial records. Stu Christie, executive director of the centre, was suspended Aug. 30 by Bruce Rawson. deputy minister of health for the province. "As a result of the audit I called in the police, but prior to their complete investigation I really don't have anything I want to Mr. Rawson said today. Sgt. Robert McEachern of the RCMP's commerical fraud section in Calgary is heading the investigation. He has visited the centre and the Lethbridge RCMP have been informed of the investigation but not requested to par- ticipate. During the suspension, Mr. Christie will receive his salary but not report for work. He was not immediately available for comment. Joan McDonald, director of nursing in the centre for the care of persons with physical and mental impairments, has been named acting director. Mr. Christie has been ex- ecutive director in charge of the 350-patient extended care centre since February. Prior to that appointment, he had served as business manager of the centre since about 1968. His suspension came the same day Mr. Rawson receiv- ed the audit, carried out on a regular basis. The participa- tion by the RCMP was re- quested by Mr. Rawson through the attorney general's department. "There will be no further action on our part until the RCMP Mr. Rawson said in a telephone interview from Edmonton. "Suspen- sions are not all that uncom- mon. They occur for many reasons." "The results of a preliminary audit by the department were sufficient in my view to warrant his the deputy minister said earlier. As executive director, Mr. Christie is in charge of the operation of both the Claresholm centre and Ray- mond Home. ADDIS ABABA (Reuter) The Ethiopian armed forces today deposed Emperor Haile Selassie and declared a provi- Egg dump toll to hit 28 million OTTAWA (CP) Roughly 28 million rotten eggs will have been destroyed by the Canadian Egg Marketing Agency (CEMA) before the end of the year, advisers to the agency said today. James D. Fisher and Bob Harrison, recently-appointed advisers to the troubled marketing agency, told a news conference that the figure represents the total number of that will be dumped this year. The figure was arrived at following a detailed inventory of eggs held in storage. Previously about 15 million eggs were thought to be rotting or destroyed as a result of improper storage facilities. Cost to thje country's farmers for the waste would be about amount the eggs would have been worth had they been sold fresh. Conservative James McGrath (St. John's that party's consumer affairs critic, reacted to the revela- tion by saying the destruction of the eggs is "tantamount to criminal negligence." Chenault convicted ATLANTA, Ga. (AP) A Superior Court jury today con- victed Marcus Wayne Chenault of the murders last June of Mrs. Martin Luther King Sr., and a church deacon. Chenault, 23, a black college student from Dayton, Ohio, clapped his hands and threw kisses to the jury as each member was polled in- dividually. His lawyer, Randy Bacote, immediately began a plea for mercy to the jury, which is to begin deliberating on the state request for the death penalty. Mrs. King was slain in a burst of gunfire during services at the Ebenezer Baptist Church last June 29. Civil servants resist call to keep working EDMONTON (CP) Pockets of resistance developed Wednesday to a Civil Service Association of Alberta call to provincial government clerical workers to keep working. The call was issued by the association after the govern- ment agreed Tuesday to im- mediately look into grievances aired by clerical staff at a mass meeting in the city Monday. Jim Dixon. director of employee relations, said he had no details on how many employees stayed away or in which departments. He blam- ed the absenteeism on lack of communication. There have been no reports of excessive absenteeism among Lethbridge civil ser- vants. 1 9 I Inside I 'Gef me the Egg Marketing Classified........26-31 Comics............24 District... ........-19 Family..........20.21 Local News......17.18 Markets...........25 Sports...........14.15 Theatres............7 TV.................6 Weather............3 Youth..............8 LOW TONIGHT HIGH FRI. 70; MOSTLY SUNNY. sional military administration for the country. A statement broadcast by the armed forces committee, which has gradually stripped the emperor of his powers since it began a bloodless revolution last March, said the country's constitution has been suspended and both houses of parliament closed. Crown Prince Asfa Wossen, 57, now in Switzerland, will be recalled to be king and act as the figurehead of a con- stitutional monarchy. He is the deposed emperor's son. The statement said the mili- tary administration will re- main in force until democratic "elections are held under a new constitution. The 82-year-old emperor and all members of the im- perial family were reported under detention in the national palace. Ministers of the civilian government have been asked to continue in their jobs. hours later, Ethio- pian radio announced the emperor had been "taken to a place specially prepared for him." There were reports he had been taken in a car, followed by a second vehicle carrying armed soldiers, to the head- quarters of the 4th army divi- sion. Tanks rumbled up to the na- tional palace, the emperor's residence, at a.m. and took'up positions in front of the entrances. Tanks also were stationed around the national the defence main city squares. The overthrow of the Lion of Judah was the climax of a months-long campaign by leaders of the Ethiopian arm- ed forces. In the end, the man who once ruled supreme over 26 million people and was one of the most respected monarchs in the world had been reduced to a figurehead, a virtual prisoner in his own palace. First the armed forces, then the politicians and finally the mass of the population joined in the Campaign for his removal and he stood accused of bringing the country to the brink of ruin, provoking inter- nal dissension and personally enriching himself at the ex- pense of the people. Communications with Addis Ababa and other African capi- tals were spotty today as the final act of the monarchy's downfall was engineered. soldiers Wednesday night took away the emperor's only surviving daughter, Prin- cess Tegnage Worq, to an un- known destination. and htard About town American visitor Laddie Prnett wondering if the tales of Canada were true as he en- countered a snowstorm im- mediately after crossing the border at Coutts father and son Tony and Bob Courts, attired in wigs and dresses, helping fill out the draw of the women's golf afternoon at Henderson Lake. SELASSIE Indian hunting rights upheld EDMONTON (CP) Alberta Provincial Court Judge Alex Shamchuk has rul- ed that Indian hunting rights guaranteed by treaty take precedence over the Natural Resource Transfer Act of 1930 which gave provinces the right to administer wildlife resources within their bound- aries. The decision was made when Judge Shamchuk dis- missed charges against Alex Frank, of Paynton, Sask.. one of eight Saskatchewan Indians charged with illegal posses- sion of game meat shot in Alberta. The charges were laid when the group tried to transport moose meat killed in Alberta to their homes across the provincial boun- dary. Capital quietens LOURENCO MARQUES, Mozambique (AP) More looting has been reported in the slums of Lourenco Mar- ques, but reinforced Por- tuguese troops appeared today to be getting control of Mozambique's seaside capital. Hundreds of soldiers were flown from central and northern Mozambique Wednesday. The troops sealed off parts of the city shortly before mid- night as sporadic looting broke out again in the African quarters. But military authorities said the situation was calmer than on Tuesday night Former vice president leads unobtrusive life By PHILIP SHANDLER New York Service man who might have been president of the United Slates resides these days in a quiet Maryland subdivision, drives to work at a walk-up office in a sub- urban shopping centre and lunches most days at a local inn. Spiro T. Agnew's life is not as humdrum as that might sound, but the excitement and trappings of power, which he knew in his five years a heartbeat away from the presidency, are definitely lacking now. There are no black limousines at his beck and call, no police escorts, no Secret Service body guards, no smiling politicians eager to be seen with him. And though he still flies off to foreign capitals, it is as the representative of a private corporation seeking favors, not the vice president of a great country bestow- ing them. Whether "might-have-been" gnaws at him is Agnew's secret and he seems uninclined to share it. He routinely turns down requests for interviews from members of the press he used and abused so flamboyantly in his years of prominence. So instead of running the country or mak- ing license plates be keeps busy with his duties at Palhliie Inc., his "consulting" firm in Crofton, MD., settling into a new home in the Indian Hills development about 15 miles away in Arnold, MD., playing tennis once or twice a week at the White Marsh Tennis and Recreation Centre (family membership, a In short, while things could have been better for Agnew had he resisted the temp- tations of high office, things could be a whole tot worse for a man who pleaded no contest to tax evasion last October. He was given three years unsapervised probation and a fine. Disbarred last May, Agnew apparently has gone into business as an international middle man of some kind. There is speculation that he arranges the exchange of goods and may be soliciting as many entrepreneurs have been doing lately the investment of Arab oil profits into western undertakings Back in November, shortly after resigning, Agnew had been hired as a "consultant" for an international trading firm co-owned by a friend, former aviation executive Frank Jameson, husband of actress Eva Gabor. Several times in May. Agnew showed up in Athens, and was reported to have had talks with Greek shipowner John S. Latsis. Agnew has refused to discuss his business connection with reporters. He leased an of- fice in a small complex of a two-storey brick office-and-shop buildings in the 10-year-old colonial-style residential development of Crofton. The area Agnew chose to work and live in is near the quickly appreciating waterfront around Annapolis and is roughly equidistant about 30 miles from Washington and Convenience aside, it appears that Agnew's site choices were dictated by a desire to save as much of his money and privacy as possible. His office rental has been reported at more than a month, but it's not among the highest office rentals in the Annapolis area. Similarly, real estate people say Agnew's new home is worth about 3150.000. about half of what he was paid when he sold his former house in Kenwood.