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Show 54 -- THE HERALD, Page Provo, Utah, Thursday. October 12. 1978 moratorium May Be Placed On SI. Avenue sAreaBuilding EU 5 m SALT LAKE CITY (UPI) Commission - The Salt Lake City says it may place a building moratorium on the Avenues area. I. The commission said Wednesday the moratorium would delay formal application for construction of an Avenues condominium complex which residents op- pose. The moratorium would also give the government body time to study a downzoning petition, commis- sioners said But they delayed their decision until I Commissioners Jennings Phillips Jr. and Glen back in town. Greener ' The are asks for more restrictive petition zoning in the ; area from 7th Avenue to South Temple and from E Street to State Street and East Capitol Boulevard The move is an attempt to prevent the construction I of developments such as the proposed seven-storl condominium complex. Residents of the area Monday held a protest rally .' because they said such developments will destroy the '. historical flavor of the Avenues and could damage I y the environment. The commission said they were wrong in not informing Sidney Fonnesbrt k that the City Planning and Zoning Board wanted to work with her when she presented a similar petition for downzoning last spring The commission denied that petition Hatch, Goldwater Sponsor Measure WASHINGTON (I'PIi - Sens Barry Goldwater. and Orrin Hatch. have authored an amendment providing tax credit for residential property taxes paid to support public school systems The Republican senators said Wednesday their amendment to the tax bill would bring property tax relief to the "working, middle class." "Individual condominiums, High Court Delays Utah Judge Decision LAKE (UPI) - The Utah Supreme has taken advisement a case decide CITY SALT if to under Court a law allowing an opponent for a seat on a court to automatically become judge upo:j the death of the incumbent is constitutional. The rourt heard arguments in the rase Wednesday Homer F. Wilkinson was the only candidate opposing 3rd District Court Judge Marcellus K. Snow. Snow died Aug. 13. Gov. Scott Matheson filed suit to clarify the law. Deputy Attorney General Michael Deamer, representing the governor, argued that under the State Constitution judges must be either be elected ;or appointed by the governor. ; Declaring a surviving candidate the winner 1 without any test of legal fitness goes beyond the ; limits of the Constitution, Deamer said. -- : But Assistant Attorney General David L. I Wilkinson, who is not related to the candidate, said if 'that argument stood up and a challenger died during fhe campaign, the in' mbent judge would be denied a certificate of election. Z The assistant attorney general is representing Lt. "Gov. David S. Monson who wants the law sustained. Monson must issue the certificate of election. The challenger's lawyer Kent Shearey said the Constitution has been amended to prevent the gover- nor from filling the judicial vacancy. -- SALT i 1 ''4 ' x : v: v K 5? !:: vX K ! 1 v.; "tt "!" CITY Wednesday Judge Dean the Secretary of State's office to place the name of independent congressional candidate Bruce Bangerter on the Nov. 7 general election ballot. Conder also told the state to refund the candidate filing fee paid by Socialist Workers Party congressional candidate William Hoyle. Both Second District seat men are runnirg "or held by Rep. Di'S Marriott, But the judge said he was not ruling in favor of Bangerter and Hoyle because they were too poor to pay the fee, but because there was no real thus making alternative to the state statute the law unconstitutional. Bangerter, 40, a computer programmer from Murray, joined in a suit, seeking a waiver of the $287.50 filing fee for congressional candidates. The suit, filed by Hoyle, said he borrowed money to pay the fee but sought reimbursement. The two candidates challenged the constitutionality of state law requiring a filing fee, saying there was no provision for waiving the fee or providing any alternative means of access to the ballot. The Utah Attorney General's office challenged the suit, saying both Bangerter and Hoyle could run as write-i- n candidates. "The real question then becomes whether the write-i- n ballot is a reasonable alternative," Conder said. "This court finds it is not." The judge said the filing fee violates the portion of the Utah Constitution which prohibits money or property from being a basis of candidacy. "The court recognizes that the requirement of a filing fee is constitutionally valid, if provision is made for the serious indigent candidate. The court is also cognizant of the problem of a 'laundry-lis- t' ballot, but notes that other reasonable limitations can be imposed to determine serious candidates." Attorneys for both plaintiffs and the state stipulated that Bangerter and Hoyle were imh. ' 1 Americans owning homes or f and especially those burdened with property taxes in support of educational expenses, deserve a break " Hatch said. Goldwater said the amendment, if approved, would provide a federal income tax credit of $150 to those families. He said the measure would also cover mobile homeowners, with credits for license fees and other taxes on mobile homes. two-yea- two-yea- rs during an interview at a special booking in New York for the 85th annual conference of the International Chiefs of Police. Mrs. Armstrong is wearing a dia WHITE Carter's HOUSE private American Revolution quarters. Says Mrs. barred opera diva FEVER: The first family had a special dinner guest Carter's press secretary Marian Anderson from at the White House Mary Hoyt, of what may singing in their Constitube Travolta's most tion Hall in Washington Wednesday night. "Saturbecause she was black. day Night Fever" star prominent fan, "Amy adJohn Travolta joined mires his music very Next week, the first lady will make it up to her. President Carter, wife much." OLD WOUNDS Rosalynn, daughter Amy Rosalynn Carter will preand sons Chip and Jeff TENDED: Not too sent Miss Anderson with and their wives in a many years ago, the a special congressional of the gold medal Tuesday spaghetti feast in the Daughters honoring her "distinguished career, her untir- Utah Suicide Family Estate Probe Slated - SALT LAKE CITY (UPI) The Salt Lake County Attorney's Office will investigate why part of the David estate was given away. uounty Attorney Paul Van Dam said Wednesday the belongings of the family should have been held until probate was filed. Alvin Fulkerson, manager of Deseret Industries, said last week the county attorneys office gave clothing belonging to the David family to the agency. Deseret Industries is an arm of the Mormon Church. Van Dam said the county has a claim against the estate for burial expenses for the family as does the lone survivor, Rachel David. Mrs. David and six of her children died in a plunge from a Salt Lake City hotel balcony Aug. 3. David, the father, took his own life two days e) - Christian Born-agai- n star outwedged inside. It wasn't a Jack Clark fielder for the San Franraid just a in the police escort for cisco Giants Nell Carter and Andre de November issue of Sport Shields, stars of "Ain't magazine on how he was Misbehavin,'" and Ann able to hit .306 this season Retaking of "Dancin."' despite a banged-u- p They were on their way to knee: "The Lord knows I have a bad knee and can't do a special booking for the 85th Annual run the bases too good, so Conference of the Inter- he blessed my bat and let national Association of me hit all those home Chiefs of Police. With runs to save my knees. high-powere- d them was Mrs. Louis The Lord knows GLIMPSES: late, great jazzman, Princess Margaret is a diamond wearing The necklace cast in the scheduled to attend roll- PER- COMMAND FORMANCE: sirens wailed and the all police cars rolled the way from the Longacre Theater to the out ceremonies in Lancaster, Calif., today for the first long - range Tristar built by Lockheed for the British Airways ... shape of the Manhattan the last gift skyline Satchmo gave her before he died. CELEBRATES earlier. OKTQFHST Fifteen-year-olRachel is in serious but stable condition in LDS Hospital. She has not regained d LADIES DOWN COAT BELTS Short All leather, tooled design, Sins 18 to 42 zipper-10- FILE CABINETS! virhA. i 111 AAA ZUVO A '2 ATTACHE CASES 35 HIGH . QUALITY WOOD PENCILS Blends-Wester- NEW LOW PRICE 79CdI 36" bracket arm. for mounting to or vertical sur60-Uses faces. bulb (not incl). Black, or Yellow. White Red, Reg. 64 63 22.55 Horn Winter Wear COATS COQQ back-Gre- Sherpa lining Waist 3 vli?? U s length-Size- 4 S,M,U FOR XL Corduroy Accents $25.00 SAVE 510.00 A washable 3 for Utah County Workers 99 Values to $21 99 Values To $8.95 $500 $32.50 MENS LEATHER SHIRT JACKET Heavy brass snaps- - White over stitching- - Double top $0099 Values to $64.50 OKTOBERFEST Fill. & SAT. OCT. 13 & 14 Standard J) frTM n & pockets- - Genuine split cowhide Sizes 38 to 46 STAPLES AND REMOVER WITH SWINGLINE STAPLER building. fen Snape pockets-Wester- n Light weight- - used as over blouse or as shell- - Machine SWINGARM LAMP MW FOLDING CHAIRS ; DENIM LADIES TOPS FREE! Saturday morning. lounge of ; The fire, which broke out in a first-floo- r Carlson Hall, caused about $30,000 damage, he said. IThe 90 residents of the dorm were forced out of the plaids- - must for filllll IPI btLKCIAKT dWIVcL MMAnkVaw ( western Color Choice of degrees. Reg. 1.4b nz. ww W-G- C LINED wear and comfort- - True yoke front OC55 2 Values to 59.50 cotton- - Great 0 front- - Double WITH ESX SWIVEL W-2- 3 Great Colors FLANNEL SHIRTS 95 $56 95 m. $9Q99 C FOR Mens sizes from 15 to . Save $30.00 3 17-10- 4 Drawer V County- - 99 HANDY 2 Drawer Nylon washable The Best Value In Utah S8.00 OFF ORGANIZER r sleeves-Doubl- e 0 Shell- - machine Value Values to 7.9S r styling-Fu- collar- - Ribbed True Western stapler Bo ol 5000 staples Staple remover Reg 1505 UTAH U OFFICE SUPPLY STORE HOURS: Monday Thru Soturdoy 9 00 a m to 6 00 p m WAREHOUSE HOURS: 00 a m io 6 00 p m I 1 M Z3 69 EotCtnttr, 4B South Staff, Provo 377-- Ortm 5 170 225-952- 9 191 South Main, Springvillo 595 South Univtrtity, Provo 489-746373-243- 0 VISA FOR JHf BFST BUY, SHOP UTAH OfflCt SUPPl his Armstrong, wife of the baseball." SAVE LIKE NEVER BEFORE SALT Nine students and two police officers suffered smoke inhalation in the blaze. Marshall said samples of the f'uid are being at Weber State College. (analyzed " The fire was one of three to strike the college in i'less than a week. The first was in a recreation area of r Carlson Hall Oct. 3. It caused about $2,000 damage i The third was in the school's gymnasium at 9:55 :1p.m., about 17 hours after the Saturday morning blaze. That caused only minor damage but three -- more people suffered smoke inhalation. Some of the dorm residents were being housed ; temporarily in the gymnasium when the fire broke -- out in the basement. I Marshall said his office has suspects in the three fires but he would not eloborate. arts QUOTE OF THE DAY: with stars THE FESTIVITIES AND CITY The Lake City found proof Department says : "was the cause of a fire in a dormitory at Westminster College last weekend which injured 11 people. Battalion Chief Eldon Marshall said a flammable fluid was used to start and spread the fire early last ; ing promotion of the and her contributions to the cause of peace." New York Hilton, the Broadway el OFFICE CHAIR ,1 skyline, the last gift "Satchino" gave her before he died. (UPI Telephoto) HELP US BY JOIIIIilG III pecunious. But Conder added, "After examining the statements, I cannot see that either petitioner is impecunious. It appears to be a matter of priority, and each petitioner puts payment of a filing fee as the lowest item on priority." Arson Seen Cause Of Campus Blaze LAKE Salt (UPI) Fire it has that arson mond necklace cast in the shape of the Manhattan Spotlighting Personalities in the News Head Engineers low-gra- I 0$ - Armstrong, wife of the great jazzman, W Dean Selected SALT LAKE CITY (UPIi The American Institute of Mining, Metallurgical and Petroleum Engineers has named a University of Utah metallurgist to a select U.S. delegation scheduled to visit the People's Republic of China next month. Dr. Milton E. Wadsworth, associate dean of the university's College of Mines and Mineral Industries, was picked for the China trip by AIMMPE's Metallurgical Society. Wadsworth is one of 12 scientists named to the delegation. The society said the invitation came from the Chinese Society of Metals. Wadsworth, one of the nation's foremost metallurgists, was selected for his current studies in hydrometallurgical research, electrochemistry, and hydrometallurgical processing of ores, concentrates and solution mining. If Misbebavin," flank Mri. Louie - SALT LAKE CITY (l l'Ii Federal Judge H. Vearle Payne Wednesday sentenced a Salt Lake City optician to concurrent three and two years prison terms on his guilty plea to Medicaid and Medicare fraud. r But the judge reduced the sentence to six months in jail and six month parole. He also reduced sentence to on probation, the three-yea- r once Lorin R. Gardner is released from parole. Gardner had pleaded guilty to two counts in a federal grand jury indictment. The optician was charged with filing false claims between September of 1976 and February of 1978 for providing glasses and contact lenses to elderly patients. Payne '.zc denied Garder's request for a stay of the sentencing, ordering him to surrender immediately to the U.S. Marshal's office. ,: ACTRESS ANN R SINKING, left, "Dan-cin,- " and Nell Carter, right, "Ain't Utahn Given Prison In Medicare Fraud To Bangerter Gets Name on Bcrof LAKE (UPI) - Third District ordered Conder Court : . imp toicri |