Rapid City Journal from Rapid City, South Dakota • 3

Rapid City, S. Daily Journal 3 Tuesday, October 4, I960 Table As reworks nare Aroun Council Talks Trailers, Recreation "I can't pay this fee. It would really hurt me." i By BOB FELL Journal Staff Writer Members of the Rapid City Common Council hurried 'through a light agenda and didn't waste much time on extra curricular business during the regular meeting Monday night. Extensive debate did develop, however, on another amendment to a trailer park ordinance and the status of the mayor's recreation committee. The council, on motion by Alderman Dave Estes, rejected the final reading of an amendment to the trailer park ordinance which would have raised the license fee from $25 to $30.

Estes, who had sponsored the I ft 1 -ill-1 I I I f. HWHWMiMMMMaMMMMiMll. ft mfufrtni i 1 Bull HiUflfiiTitmTiiiri I'miltmiiifiilwrflli'n'iWiliinnii Mimrmirrir "-iwiimf-iir i rrtintiiiifiirm.oiifffi-tfniiiirii hid timtmttmM wMlTi original amendment, offered a new amendment which raises the basic fee to $35 but adds $1 for each trailer parking site In excess of ten. The new bill also sets the $35 license fee on all traiier courts of ten less" parking sites, but still defines a "trailer court" with a minimum of 10 spaces. The new measure passed its first reading (7-3) but not before discussion developed into a free-swinging debate.

Estes" new proposal aroused a lone trailer court operator in spectators row and another alderman to protest vehemently. Mrs. A. A. Barton, owner of the West Side Trailer Court, stated, Council Adopts Number Of Committee Actions A NEW SLATE of officers was elected Tuesday by a convention of the South Dakota Dietetic Association meeting in Rapid City.

Seated (left to right) are Sister Mary Ellen, secretary, St. Luke's Hospital in Aberdeen; Sailie Mooring, American Dietetic Association representative to the convention, and Sister Antoinette, incoming president, St, Mary's Hospital In Pierre. Standing are retiring president, Dr. Frances Ilettler, South Dakota State College in Brookings; Mrs. Marjorie Iloldridge, treasurer, Brookings, and Burness Wenberg, president-elect, Brookings.

Not available when the photo was taken was Mrs. Beryl Meyers of Sioux Falls who was named delegate to the national convention. (Journal Fhoto) Slate Dielet ic Associalio si Elects Talk to them in terms of their culture and make suggestions that are economical, she declared. Ella Deloria, Rapid City, an an-, thropologist, author and lecturer, gave a talk on culture of the Sioux and said some aspects of his behavior today stems from inability to break traditions, Dakota people, as the Sioux prefer to be called, had no material things, nothing that would last. They lived by the hunt and roamed the prairie.

She related how they prepared and ate food. Dr. Bertlyn Bosley, chief of nutri tion and dietetics with the division of Indian Health, Department of Health, Education and Welfare told the croup that white people have to give an example to the Sioux people to follow. "We have to be some kind On recommendations to the city council from committees, the city will have a four block stretch of cedar tree hedge along West Boulevard North, new advertising display cabinets will be built at the municipal airport and Harney Leaguers will have a ball park on the old city dump. It was also announced the fee for a water permit will go up and the city attorney's office may be Jf'ved.

Seeding of clouds over the Black Hills to produce snow was also endorsed by the council. Alderman Ike Chase said Senator Francis Case had asked for an expression from the council concerning the attitude of Rapid City toward an experiment to produce increased snowfall over the Black Hills. The object Is to determine the feasibility of adding to the water storage areas in the Black Hills by this method, said Chase. The alderman said the senator Thomas Norby Rites Thursday Thomas Norby, 5-year-old son of Mr. and Mrs.

Leonard E. Norby, 508 E. Madison, died Sunday in Minneapolis, Minn, The boy was born in Rapid City Aug. 16, 1955. Surviving are his parents, a sister, Mrs.

Ronald Collins and two brothers, James and Morris, all of Rapid City, and his ma ternal grandmother, Mrs. Bessie Rodechap, also of Rapid City. Funeral services have been scheduled for the Behrens Chapel at 10 a.m. Thursday with Rev. J.

David Larsen officiating. Burial will be in Black Hills National Cemetery. RITES FOR MAINES CHILD Graveside rites were conducted Monday afternoon at Black Hills National Cemetery for Chester Lee Mames day-old son of SSgt and Mrs. Chester Lee Maines. The Infant died Saturday.

The Iv. Robert Wagner officiated and burial was by the Campbell Fun eral Home. Survivors are the parents and three sisters, Margaret, Judy and Itfthern. Slates Hears Pleas a model to have people adopt our customs," she added. Dr.

Bosley said there are about 335,000 Indians on reservations in the United States. $48,900 Low Bid On Work At EAFB Apparent low bidder on the modification of a shop and aircraft maintenance building at. Ellsworth Air Force Base was Perry Construction of Rapid City with a bid of $48,900. Other bidders and their bids were Corner, Howe Lee, Henry R. Hackett Sons, Dilly M.

A. Garland, and Brezina Con struction, $54,730. Government estimate for the work was $43,100. The work includes installing new ceilings, flew windows, heating and ventilating system, overhead trolley system, and painting, lath and plaster for the interior. Announcement of contract award will not be made until all bids have been studied by Air Force officials.

In Stovic Case CALENDAR TUESDAY Rapid City Archers, clubhouse north of city, 7 p.m. Black Hills Bridge, Elks Club, 7:30. WEDNESDAY Jaycees, Sheraton-Johnson, noon luncheon. Rushmore Lions Club, Motel Gill, 6:15 p.m. Rushmore Toastmastcrs Club.

A Cafeteria, 6:30 p.m. (Briefs HOSPITALS Admitted to St. John's McNa- mara Hospital: Carla Jo Wilson, Elm Springs: Mrs. Harry Doss, tlermosa; William Simons, Mar cus; Robert VanOrman, Mo. bridge; Mrs.

Vance Hunsucker, Buffalo; Thomas Novotny, Winner; Mrs. Guy Kimball, Fair- burn; Nora Dennis, Sandra Scott, Vernon Lecy, Mrs. Jack Wipf, Althea Fennema, Earl Harriman, Louis Hohn, Mrs. James Stands, Mrs. Ronald Venhuzen, Mrs.

Net tie Voorhees, Mrs. Robert Wat-kins, all of Rapid City. Dismissed: Patrick Shannon, St. Paul, Mrs. Lester Shaffer, Box Elder; Marianne Han-nify.

Belle Fourche; Alec Gian-nonatti. Buffalo Mrs. Ruth Gat-ton. Winner; Joe Boesen, Kim. ball; Mrs.

Victor Vesely, Mrs. Marion Waldo, Brian Yeoman, Mrs. William Shank, Mrs. John Quaal, Gloria Martinez, Blaine Langerman, Harold Kade, Mrs. Raymond Horst, David Griffiths, all of Rapid City.

Admitted to Bennett Clarkson Hospital: Ivan Parkin, Wall; Mrs. Louis Blumer, Wall; Ralph Kelly. Custer; Gary Keller, Custer; Mrs. Frank Tivis, Opal; Roderick Holt, Box Elder; Albert Palmier, Pine Ridge: Charles Thompson. Keystone; Clinton Smith, Mrs.

Ell Caughron, Mrs. Flora Taylor, Mrs. Norman Morse, Maurice Oursland, Alfred Jenison, Mrs. Virgil Roskam, Mrs. Waldo War-rcn, Mrs.

Charles Christensen, Janet Stanley, Donald Yeoman, all of Rapid City. Dismissed: Mrs. Helen Norton, Harrison, Bernie Behr- imann, Morristown; Thomas Rob-lertson, Richard Mora, Mrs. Ed- Huebner, Emma Rehnke, W. C.

Williams. Mrs. Rosamond Moore, Susan Chamberlain, Donald Bode, all of Rapid City. BIRTHS At Bennett-Clarkson Hospital: Oct. 4 A girl to Mrs.

Charles Christensen, Rapid City. At Ellsworth AFB Hospital: Oct. 3 A girl to S-Sgt. and Mrs. Robert Billheimer, a boy to A-2C and Mrs.

Kenneth Faust and a boy to A-1C and Mrs. James E. Willis. Manary Draws Term In Jail Lloyd Manary, 40, Custer, drew nine months in the Pennington County jail Tuesday following a hearing held to mitigate his sen tence. Manary pleaded guilty earlier Tuesday to third degree forgery charges stemming issuance of a forged $50 check in Hill City Sept.

22. The last six months of the jail term are to be suspended. Witness during the mitigation hearing was Manary's mother, Mrs. Ella Manary, Custer. ings which may be constructed in any district or area that the statute or ordinance is unconstitutional as an authorized delegation of legislative power." Factor In other words, the city council is considered a legislative body and when a statute or law attempts to take away all power of determination and discretion from the governing body, and vests it in a small group of property owners, it is unconstitutional as an unauthorized and unlawful delegation of lecislative power to private individuals.

The judge also cites a New York case in which it was found, "It is an unreasonable exercise of police power to rest control of property uses in the hands of the owners of other property." Judge Lampert reasons that under the state code, the filing of a petition of protest by 40 per cent of property owners, within the prescribed distance from the affected property, can prevent an ordinance from becoming effective irrespective of whether the ordinance is adopted by favorable vote of a majority or even the unaminous vote of the members of the governing body. The members of a governing body are representative of the entire populace. "Despite the fact that I recognize the usual strong presumption that statutes are said Judee Lampert, "it is my opinion that the statute here in question is unconstitutional. Since a "referendum" was not invoked, calling for a vote of the populace, and in view of the find ings in similar cases. Judge Lam- pert ruled the zoning amendment the writ and judgment.

When Morrison offered no recommendation, Mayor Fred Dusek ad-vised the council to proceed with caution on any countcr-actinn. Ap peal of this decision might have far-reaching, and possibly undesir cnccis, said Luisck the reply was about 21. She added she paid about $2,000 in taxes to the city on her $100,000 investment, "and that should help make up for them. Gifford countered by saying It costs about $400 a year to educate each youngster in the Rapid City school system. (Actually the cost is $300.17, according to a school survey.) Facing Martin, Gifford asked If he would offer a better solution to the problem.

Martin declined, saying he hadn't "given it much thought." "Well I think Estes has given It a great deal of thought and study and his advice should be given some consideration, replied Gifford. Martin asked to see Estes' file. adding, "I'll bet I could come up with a better ordinance." The new amendment will get a final hearing at the next regular meeting. Oct. 17.

Tn thp mpantimp. F.ste nnd Al derman Neil Briggs agreed to hold another public hearing for tne trailer court operators before the final reading. Briggs announced the open hearing on Estes latest proposal will be held at p.m Oct. 12, in city hall. Recreation It was after the council had turned down a recommendation hv ihp newlv annointed recrea tion committee that Alderman Lafe Surface recommended the parks committee be relieved of the responsibility for the recreation program and the committee.

Martin, the council's repre sentative on the recreation com mittee, had asked for a clear definition of the authority and re sponsibilities of the eight-member board appointed by the mayor. Mayor Fred Dusek stated tne recreation committee had no authority and that its responsibility was purely advisory. The council then agreed tne "nhain nf command" should by pass the parks committee and narks snnerintendent and the rec reation board is directly responsi ble to the council ana tne mayor. Martin had brought a recom-mpnHation from the recreation committee in favor of raising Director Burton Wrede's salary from $4,800 to $5,000 which the council turned down (4-6). Other Business Tn roffnlar hnsiness.

the coun cil gave final approval to a sup plemental appropriations orai nvnlvin? the interdenart mpnfal transfer of some $350,000 in funds approved the first reading of ordinance. Residents Vmg both sides of rniiimVute i West Boulevard and petitioned to change the zoning of their property from multiple dwelling to two-family residential to upgrade the area." Another tetition to rezone nine lots alone the north side of Omaha, east of Elm Street, was reiected on recommendation or the planning board. The petition-pre ask rpynnine from two-familv residential to commercial. How ever, the planning recommended disapproval to keep a ''buffer" Tone between the industrial area surrounding Roosevelt Park. John Searle, representing tne planners, did say the petition mieht set more favorable recep tion if the petitioners would agree to rezone to multiple aweuing instead of commercial.

Multiple dwelling would permit construc tion oi an apartment Duiioing which is desirable in this area, said Searle. A nlat. showing street right-of- ways, was approved for a tract of land just east of Hansen HpipMs in the Robblnsdale area. The plat was submitted by Bob Knecht and was recommended for approval by the planning board. The citv eneincer was author ized to Breoare the assessment roll for street" imnrovement pro- jet No.

114. the alley behind Fair mont Foods and James Motors. And the city auditor was author-i ized to tmblish notice of a call for bids to install a heating system in the city auditorium, no aate was set pending the signing of an agreement with the designer. The city auditor also was authorized to deliver the I960 special assessment bonds to Allison-Williams, the city's fiscal agent, in Min neapolis. Bills adding up to $233,504.81 received council approval, including a $96,448.26 payroll and an $88,928.49 payment on tne new water treatment plant.

i Methodists From Here To Attend Event For Bishop Representatives of two of the three Methodist churches in Rapid City will attend the official welcoming of their new spiritual and administrative leader. Bishop Edwin R. Garrison, in Aberdeen Wednesday. Attending the events from First Methodist Church will be the Rev. and Mrs.

Robert Wagner, the Rev. and Mrs. Robert Bates, the Rev. and Mrs. Harvey Sander and Mr.

and Mrs. Elmer Klarup. Representing South Maple Methodist Church will be the Rev. E. O.

lies-sel. Bishop and Mrs. Garrison will be honored at a public banquet and installation service in the Civic Arena and Methodist Church. Elected to the episcopacy this past summer during the North Central Jurisdictional Conference, Bishop Garrison was appointed to the Da-kotas area of the Methodist Church. He succeeds Bishop Edwin E.

Voigt, who was transferred to a newly formed area in southern Illinois. She said the $50 license was okay with her although she admitted it "might not be fair to the little man, but that's their business." Mrs. Barton told the council she has 67 parking spaces but only 50 are filled. She said she charges $22.50 per month rent per site. "It's rough when we're not full.

There's so many parks in the city now there aren't enough trailers to go into them," she added. As the debate waxed heavy, in vective sparked the atmosphere and some tempers appeared to be straining to the breaking point. Alderman Russel Martin again championed the cause of the "little man," accusing the council of using a "tax measure" to control the courts and put the little man out of business. Turning to his colleague, Alder man Lowell Gifford, Martin added, "And I think your proposal to eliminate trailer courts stinks." Mrs. Barton chimed in to berate Gifford for his statement, too, commenting, "How stupid can you get?" Gifford calmly replied to Martin, Don't elaborate, I know how you feci." Taxation In an effort to justify his stand, Gifford called attention to the few trailer home families who contribute to the tax rolls of the city, yet are receiving the same benefis as other taxpayers.

He asked Mrs. Barton how many children were residents of her trailer park and Arlo D. Kasuske Succumbs Monday A resident of Rapid City since 1955. Arlo Duane Kasuske. died in the Veterans Hospital in Fort Meade Monday.

Funeral services have been scheduled for Bethlehem Luther an Church Thursday at 2 p.m. with Rev. Arthur Crosmer officiating. Burial will be in Black Hills National Cemetery. Kasuske was born in Milbank on June 3, 1929.

Pie married Shir ley Norton in Shell, in 1955 and the couple came to Rapid Citv. He had been employed by Garland Construction as a car penter. He was also a veteran of four years service with the U. Air Force. Surviving are his wife and four children, Ann, Joan, Arlo and Carol, all of Rarjid Citv.

and seven sisters. Mrs. Viola Jacob- son, Mrs. Evelyn Jacobson and Mrs. Marcile Jergens.

all of SDrinefield. Mrs. Dallas Bonn, Redwood Falls, and Mrs. Doris Killewald of De troit, Mich. Rites For Baby Final rites were conducted Tues day morning for Stanley Wood Eagle Tail, son of Mr.

and Mrs. Francis Eagle Tail. The baby was born in Rapid City Feb. 1 and died Sunday. Rev.

Raymond Burger said the mass at St. Isaac Jogucs Chapel and burial was in Mount Calvary Cemetery under direction of the Campbell Funeral Home. Pallbearers were Robert Pure, Jerome Runs After, Hilard Aughenbaugh and William Eagle Tail. The child is survived by his parents. Juvenile Walks Off A 15-year-old boy walked out uninvited from county juvenile detention quarters in the Beebe Retirement Home Monday night.

He was being held in connection with a break-in of a railroad boxcar and theft of five cases of beer Sept. 27. Also implicated in the break-in were two 16-year-old youths, who are being held in jail, according to county juvenile authorities. The beer belonged to Walenta Distributing Co. SUIT SEEKS $2,481 Findlay Contracting Stur- gis, asks collection of $2,481 from Mellgren Plumbing Shop, in a circuit court action entered Mon day.

Collection is sought on labor and materials furnished for the New ell High School building project under an oral agreement of Aug ust, rJo8. $1,096 JUDGMENT Household Finance Corp. won a 1,096 award from Vernon Kroeger, Aberdeen, in a collection judgment filed in circuit court Monday. MARRIAGE LICENSE Robert Earl Sears, Indianapolis, and Marva Lea Hipke, Rapid City. CORPORATION DISSOLVED Judgment dissolving the Floyd D.

Stapp Construction Co. was filed in circuit court Monday fol lowing a hearing which no op position to the dissolution was ex pressed. The judgment orders assets distributed to shareholders Floyd D. Stapp, Abbie Stapp and M. F.

Anderson. DIVORCE GRANTED Myrna M. Pedersen from Clifford A. Pedersen. Mrs.

Pedersen awarded custody of the three children. The couple was married Aug. 23, 1956. GRAVESIDE RITES Chaplain Gerald Akins officiated at graveside rites at Black Hills National Cemetery for Lisa Jean Mrs. James W.

Byrnes of Rapid City. The nine-day-old infant died Sunday. She is survived by her parents and three sisters. Nora Lee, Lori Ann and Donna Jo. Campbell Funeral Home was in charge of arrangements.

also is seeking expressions of at-tude from other communities in the Hills and surrounding area. The council approved a resolu tion that City Attorney Leonard Morrison's office be moved to a more secluded location and that the general public be required to make appointments for audiences with the counselor. Morrison advised against the proposal. Alderman Paul Haedt made the recom mendation because of the heavy traffic of people through Morrison's office. Many of the phone calls and personal interviews demanded by the public are unnecessary and a waste of the counselor's time, said Haedt.

Morrison said he thought the matter could be handled by instructions to his secretary and others in the city hall office. Haedt also got approval for his recommendation that the water permit fee be raised from $2 to $8, but that the tapping fee schedule remain the same. The water committee chairman also recommended that an additional fee be charged for turning on water meters on Saturdays and Sunday. Alderman Lafe Surface got an okay for his parks committee to meet with representatives of the Harney Little League and the park superintendent to determine a lo cation for a baseball diamond on city dump land which is to be converted into a park for south Rapid. Alderman John Larson reported he had received complaints of what is believed to be the unlawful operation of a commercial business in a residential area on Seventh Street near Franklin.

The matter was referred to the city attorney. Council approval was given for the construction of cabinets for dis play advertising at the municipal airport, when Alderman Dave Estes reported his airport committee had received three quotations with the low bid of $500 for the work. The cedar hedge along the new West Boulevard access highway will be installed and maintained by the state highway department, said Alderman Charles Donnelly, chairman of the street committee. The state suggested planting the hedge to screen highway traffic from residential property to the east. ST i.

station was his clue to finding help and advice. Once in the USO. after cleaning up, and with a meal under his belt, Smith found that the USO had arranged transportation: to the base with two friendly airmen who delivered him to the transient barracks and briefed him on checking in. The procedure was routine with USO personnel who have faced far more complex problems than those confronting Smith. I.1 1 1 1 -1 1.

I uuus luui'i ii'u unuuii uie cur rent united und drive are the 'primary support for the USO here. The organizations operations in I serving military personnel every day of the week during the entire iyear is dependent on the support the United Fund drive through appreciative Rapid i I I- iAAj.Kr tV Rezoning Ordinance Held Valid In Judge's Opinion Sister M. Antoinette of St. Mary's Hospital in Pierre took over Tuesday as president of the South Da kota Dietetic Association, moving up from the office of president elect which she had held all year. Other officers are Burness Wen berg, Brookings, president-elect; Sister Mary Ellen, Aberdeen, secretary; Mrs.

Marjorie Iloldridge, Brookings, treasurer, and Mrs. Beryl Meyers, Sioux Falls, dele gate. The new officers were selected by ballot and announced at a meeting of the association Tuesday. Members of the nominating committee were Sister Dorothy, Rapid City, Mrs. Lois Hartigan, Water-town, and Dr.

Lida Burrill, Brookings. Main business of the convention is over Tuesday. The new and old boards of directors will meet however, on Wednesday morning. One of the major items of business Monday afternoon was a panel on the Sioux Indian, looking ct A mitigation-of-sentence hear ing was scheduled Tuesday aft ernoon for one of three defendants who entered guilty pleas in cir cuit court Tuesday morning. The hearing was slated for Lloyd Manary, 40, Custer, "who admitted forging a $50 check in Hill City Sept.

22. Judge George D. Lampert granted the hearing requested by Manary attorney, Curtis Ireland. Other. guilty pleas were entered by Russell M.

Stroskey, 33, Rapid City, and Gerald Jackie Miller, 22. Torrance, Calif. Stroskey will be sentenced Oct. 12 on his plea of guilty to charges of assaulting a 15-year-old boy with intent to commit the felony of a crime against nature. The incident occurred near here July 12.

A count charging the defendant with a crime against nature was dismissed on a motion by States Atty. James H. Wilson, who said there was insufficient evidence to maintain a conviction. Stroskey had pleaded not guilty to that count. He faces a prison term up to five years.

Miller pleaded guilty to robbery after charges were reduced from first to second degree. He will be sentenced Oct. 13 for forcible theft of cash from a service station attendant last June 21. He admitted taking $106.02 from Thomas Fisher, attendant at the Earl Louder Standard Serv ice Station at Eighth and Quincy. Charges were reduced on a motion by Wilson.

Where first degree robbery calls for a maximum 20- year sentence, tne maximum is seven years for second degree, in each case, a minimum of one year' is mandatory. Both first and second degree robbery rely on elements of use of force and fear against the robbery victim. There is little difference in the statutory definitions of the two degrees. A not guilty plea was entered by Harriet Driving Hawk, who is charged with assault with a sharp weapon. She will be tried by jury during the October term of court, which begins Monday.

She denied assaulting Rebecca Phelps with a broken drinking glass on Aug. 23 as charged. Lamport Monday afternoon appointed Frank Henderson her attorney. Arraignment for Amedee Pelle-tier. 58.

Rapid City, was contin ued to Wednesday to give him opportunity to hire a lawyer. He is charged with indecent molestation. Arraignment for Larry J. Lee, 19, Second Missile was continued to Wednesday after the court appointed David Sieler as defense counsel. An oral motion to dismiss bad check charges against Walter H.

Connaughton, 29, Mandan, N. was made by Walter Bradsky, defense attorney appointed Monday. Lampert asked the motion be made in writing and submitted later Tuesday. Connaughton is accused 6f obtaining property hy the false pretenses of passinf a bad $142.86 check at the Service Station in Quinn last July 11. A faulty information charging Connaugh ton with the same crime was dis missert in late AiiE-nst when Brad.

sky demurred to the paper charg- ing the crime. Lampert upheld the Circuit Court ieamig. his culture, medical problems and diet. Dr. Carleton White, chief medi cal officer at Sioux Sanatorium, said he sees surprisingly few Sioux Indians with obvious nutritional defects.

None is really emaciated although there are a few borderline cases, he reported. Dr. White said many of the Indian people coming to Sioux Sanatorium are advanced tuberculo sis cases. Most of these persons either did not recognize the symp' toms or thought the ailment was something that they could "shake off." Dr. White said.

Other than tuberculosis, one of the frequent diseases on the reservations is diabetes, he added. Dr. White said good nutrition is necessary in treatment of tubercu losis. Mrs. Bernice Roth, nutritionist at Pine Ridge, said the best approach to assisting Indian people from the nutritional standpoint is to be meaningful.

demurrer when it was shown the wrong date was listed for the offense. Bradsky's motion Tuesday con tends a second prosecution is barred by the sustaining of a de murrer to an original information. Charges against Bernard Houston, 19, Rapid City, were con tinued to Wednesday after Jerry Brennan was appointed defense attorney. Houston is accused of third de gree burglary in connection with a break-in at the Skyline Drive Inn south of town on Aug. 12.

Identical charges stemming from the same break-in were dismissed Monday afternoon for David Hoefer, Frankfort. Lam pert dismissed the count against Hoefer when Wilson said the state wished him to testify in the trial against another participant in the crime. Hoefer had been granted immunity from prosecution, Wil son declared. Also dismissed Monday after noon were bad check charges against tleanor Avilez, 30, Rapid City. The defendant had been charged with passing a bad check to Stevens Buick on May 7, 1960.

The motion for dismissal stated a preliminary hearing had dis closed the title to the subject vehicle never passed to the defendant and evidence, therefore, was insufficient. Three other defendants arraigned Monday entered not guilty pleas and will be tried dur ing the current term. Robert Curtis Hunter, 29, Rush-more AFS, denied manslaughter charges in the death of Darlene Archambeau, 23, in September. Harry Flying Horse, 39, Ft. Yates, N.

pleaded innocent to third degree forgery charges stemming from an alleged $3,200 check forged here Oct. 15, 1959. He is accused of passing the check to Rapid Chevrolet. The same charges were denied by Everard D. Jumping Elk, 25, Rapid City.

He is accused of forging a $35 check here Feb. 2, 1960. Charges against Jerry Bush. 22, Belle Fourche, were continued to Oct. 17.

Application By Six Counties For Feed Okayed MADISON Sen. Karl MundJ Tuesday announced that the Department of Agriculture has approved the application of six West River counties for feed supplies under the provisions of Public Law 86-299. This law resulting from legislation sponsored by Sen. Mundt makes grains owned by the Commodity Credit Corporation available to farmers and ranchers in designated drought disaster areas at the price support level. The county ASC committees in the affected counties will be authorized to make the feed available under the terms and regulations of the program up to March 31, 1961.

The counties requesting the aid and designated as drought disas- areas are Fall River. Custer, Butte, Lawrence. Meade and Zie bach. COUNTING ON THE UNITED FUND US0 Is Servicemen's Downtown 'Home' In view of a memorandum decision handed down by Circuit Judge George Lampert, it is likely the city will be mandamused into granting a builting permit to Mrs. Emma L.

Stevie, 803 Joy Ave. City Attorney Leonard Morrison reported to the common council Monday night that in the opinion of Judge Lampert, one section of the South Dakota Code is "unconstitutional as being an unauthorized delegation of legislative power." Based on this premise, a rezon ing ordinance passed by the council is valid and the building inspector is 'ohliged to accent Mrs. Stevie's application for a building permit. Morrison did not make any re commendation to the council whether or not to appeal. The litigation grew out of what councilmen called a "neighborhood sauabble" last winter.

Mrs. Stevie's neighbors objected to her building an addition to her home, charging she was in violation of the two-family residential zoning. Building inspector Bill Roberts denied her building permit on these grounds. Therefore, Stevie petitioned the council to re-! zone her property to multiple dwel-1 ling, which was granted and passed! in due form. However, within the 20 days after publication of the change, as pro- vided by state law, at least 57 perj cent of the owners of property within 150 feet of the rezoned property filed a protest.

According to state law, a protest filed by 40 per cent of the property owners within the specified area, within 20 days after publication invali-i dates council action and the pro- perty reverts back to its original TWO AMONG A DOZEN AIRMEN relaxing at the ISO during off-duty hours one afternoon last week were A-2C Jimmie Sanowil (left) and A-2C Norman Aston. Sanowitz is with the 54th Fighter Interceptor Group and Aston is a member of the 740th both at Ellsworth Air Force Base. The ISO de-pends upon the United Fund campaign to carry on its program of service, A downtown "home" for servicemen is provided by one of the 23 agencies operating under the United Community Council. The USO conducts a full-time program for service personnel, including clubs for wives and special group meetings for foreign-born wives of servicemen. As a result, hiivlreds of servicemen in the Riipid City area depend upon the USO for entertainment, counsel and help In time of need.

Military personnel transferred from other bases, like A-3C Bob tliith who came from Texas only three weeks ago, find the USO a real friend. Tired, hungry and broke after a lint. 36-hour bus ride, Smith in Rapid City at night. He had missed his noon and evening meals. The USO sign in the bus classification.

ciassiiyin? airs. Mevie property Nonetheless, Mrs. Stevie reap-! as multiple dwelling is now in cf-plied for a building permit and. feet. It also is his opinion that again was refused on grounds the peremptory writ of mandamus rezoning amendment was invalid must be granted and he directed and the property was still zoned Mrs.

Stevie's attorney to draw up two-familv residential. Judge Lampert points out, nis search for findings in similar cases. "It has generally been held that a provision in the statute or ordi- nance which vests in property owners an absolute determination as to the type or nature of Duiia-jaoic.