The Des Moines Register from Des Moines, Iowa • Page 16

2.M THE PES MOINES REGISTER Thursday. January 24, 1991 ALMANAC lova Supreme Court lis residence rules Ertl war toys to be props on ABC show GRAYDON McDONALD Special Disease a Tha Reenter LEXINGTON, TENN. Services were held here Jan. 19 for Graydon L. "Skip" McDonald, 77, of Lexington, bar committee of ethics violations involving the estate of Earl White, who By FRANK SANTIAGO Reenter stall Writer Cities can require their public-safety workers to live within certain "reasonable" distances of where they work, the Iowa Supreme Court said Wednesday.

The ruling upheld a 1977 Clinton ordinance that says police, firefighters and other critical municipal workers must live within 10 miles of their place of employment The court's decision was a victory for several communities that have residency requirements for public-safety workers. Peter King, executive director of the League of Iowa Municipalities, said the number of cities with similar rules is not known but that most of the limits are intended to have workers available for emergencies. At the center of the Clinton case is a state law that says cities may not require critical employees to live within the corporate limits, but that they can establish how far away the employees can live. In the Clinton case, police officer Anne Meier Bormann contended the ordinance was unfair and unconstitutional. Bormann asked to be excused from the rule so she could move to the farm of her future husband, 18 miles from the Clinton Law Enforcement Center.

The city said no, citing its ordinance, which also requires city electricians and sewer plant workers to live within 10 miles. In affirming a lower court ruling, the Supreme Court said the law allows cities to establish a maximum distance for residency so long as that distance is reasonable. In other rulings, the court: Rejected the claims of four Iowa prisoners who contended the state's parole revocation proceedings were unconstitutional. Keith Larsson, Gary Mumford, Michael Van Horn and Melvin Key had been released on parole and then had their parole revoked. They said that the state's "one hearing" revocation procedure denied them due process.

Said the court, "We are satisfied that Iowa's procedure meets that constitutional standard." The court said parole revocation proceedings "need not meet the standards of a criminal proceeding to meet constitutional muster." Ordered a new trial for Shawn Patrick Shelton, convicted in Lucas County District Court of first-degree murder. Shelton was the driver of a vehicle from which a passenger fired a shotgun at the driver of another vehicle, killing that driver. The court said that prosecutors had denied Shelton a fair trial by alleging that he used cocaine hours before the shooting. Said the court, "Without a doubt a war should be waged against drugs, but Shelton was on trial for murder. Evidence of drug ingestion should have been excluded." Waterloo lawyer has license suspended The Iowa Supreme Court suspended the law license of Waterloo lawyer Carl B.

Zimmerman for six months Wednesday for asking excessive fees from a client's estate. Zimmerman had been accused by a New Supreme Associated Pmi Here is a summary of rulings handed down Wednesday by the Iowa Supreme Court: BLACK HAWK LaBeaux v. low Department of Human Services, income dispute, reversed and remanded. CLINTON Clinton Pollc Deparlmant Bargaining Unit vs. Cllv of Clinton, residency, affirmed.

DUBUQUE -Inlh matltr of R.A.R., Hl-votuntarv hospltaliiation, affirmed. Terry's Office Product! and Service Inc. vt. Elsbury, filing dispute, reversed and remanded. Furry vt.

Iowa Department of Transportation, license dispute, affirmed. JONES Bueetv vs. State, May vt. State, prison discipline, reverted and remanded with directions. hired non-union building contractors at another location.

Restaurant operators told the two to leave, but they refused and were arrested. Lacey and Novak contended in the Linn County case that they were reasonably exercising their constitutional right to speak out and had done nothing wrong. They also claimed they were pro- off, By DEBORA WILEY Of The Register's Cedar Rapids Bureau DeUiled plastic models of U.S. military equipment manufactured by the Ertl Co. Inc.

of Dyersville are expected to be among the props used for a live call-in children's program on the Persian Gulf War to air Saturday morning on ABC-TV. "And I'm sure we'll be using the models in our continued coverage of the gulf crisis," said ABC spokesman Arnot Walker. The 10 models bought by the network include jets, helicopters and other equipment being used by the armed services in the Persian Gulf. ABC turned to the Dyersville firm after Nicole Harris, executive assistant to anchor Peter Jennings, checked with toy stores in New York. "Everybody recommended she head out your direction," Walker said.

ABC ordered pre-assembled models, turning down the chance to have someone painstakingly glue hundreds of tiny plastic pieces together. Gary Roop, vice president of marketing for Ertl, said the company began making scale-model die-cast metal models and plastic model kits of U.S. military hardware about 1986 or 1987. Roop said sales of the military toys accounted for a "sizable portion" of the company's income, but he said it was too soon to tell whether the war would boost sales. Walker said the ABC children's show, called "The War in the Gulf: Answering Children's Questions," will run from 9:30 to 11 a.m.

Saturday. WHITER SALE! Now In Progress A tremendous selection of men's and women's clothes including SOUTHWICK SUITS. SdrijarMa off 235 at 42nd in Des Moines 1515-274-1558 1-800-652-9602 FORTHESAE OFAIMITME, 3 Call For Our Carnival Twvo-For-One Sail. At mm Restaurant protesters lose in Supreme Court OBITUARIES CLEONS. RUTHERFORD Special DtsMtcP.

la Tha Register NAPLES, FLA. Cleon S. "Rut" Rutherford, 69, of Naples died Sunday at home of complications of dia- betes. Services will lr7K "SwJ be at 1 m. Friday IK 'I at Westover Funeral Home in Des Moines, with burial at Resthaven Cemetery in West Des Moines.

Mr. Rutherford UV 1 was born in Guthrie tU LA county. Ia. He was CLEON S. RUTHERFORD the retired president of Weld ing and Supply Co.

in Des Moines, which he founded, and was the current president of Leasing and Equipment also in Des Moines. Also formerly of Clear Lake, he moved to Florida 24 years ago but continued to live in Des Moines part time until 16 years ago. He was a veteran of World War II and the Korean War and had been a member of Za-Ga-Zig Shrine, Lions Club and First Presbyterian Church of Naples. Survivors include his wife, Sue; three daughters, Amy Sue Rutherford of Naples and LaDonna Matthes and Marilynn Cedarstrom, both of Des Moines; his mother, Stella Rutherford of Guthrie Center, three brothers, Ivan and Boyd, both of Guthrie Center, and Dwayne of Longmont, a sister, Elaine Hay of Bayard, and two grandchildren. Memorial contributions may be made to Handicapped Village in Clear Lake, or the American Diabetes Association.

GABRIELLE NADEAU Gabrielle Nadeau, 99, of Heather Manor, 600 E. Fifth died of a heart ailment Sunday at home. The body was donated to the University of Osteopathic Medicine and Health Sciences, and no services are planned. Miss Nadeau was born in Concordia, and had lived in Des Moines since the mid-1960s. She retired in Cedar Rapids as director of public health nursing, served in the American Red Cross during World War II and was a member of St.

Augustin's Catholic Church and Mercy School of Nursing Alumni Association. Nieces and nephews survive. Memorial contributions may be made to the Mercy School of Nursing. Caldwell-Brien-Robbins Funeral Home handled arrangements. FONDA BONNETT Tha Register's Iowa Newt Service RUSSELL, IA.

Fonda Bonnett, 84, of Russell died of a heart ailment Monday at Iowa Methodist Medical Center in Des Moines. Services will be at 11 a.m. Friday at Fielding Fu neral Home in Chariton, with burial in Chariton Cemetery. Mrs. Bonnett, a homemaker, was born in St.

Joseph, and lived in Lucas County for several years. She is survived by five daughters, Louise Hoskins of Colorado Springs, Frances Lang of Chula Vista, Patricia Hull of Des Moines, Phyllis Roberts of Bettendorf and Martha Lewis of Fresno, 17 grandchildren; and 20 great-grandchildren. The family will visit with friends from 7 to 8 p.m. today at the funeral home. Memorial contributions may be made to First Baptist Church.

JACK RAY LYONS Jack Ray Lyons. 70. of 2340 E. 11th St. died of a heart attack Tuesday at lowa Lutheran Hospital.

Services will be at 1 p.m. Saturday at Hamilton's Funeral Home. Burial will be in Masonic Cemetery. Mr. Lyons lived rV is in Des Molnes 811 I vTTy 1 his life and was a Christian Church.

jack He is survived by lvons two nieces. Friends mav call after 5 Fri day at the funeral home. Memorial contributions may be made to the Ar thritis Foundation. SHIRLEY BOENDER Tha Register's lawa Newt Service OSKALCOSA. IA.

Shirlev Boen- der, 56, of Oskaloosa died of cancer Wednesday at Iowa Methodist Medi- cal Center in Des Moines. Services will be at 11 a.m. Friday at the Oska loosa Gospel Tabernacle, of which sne was a member. Burial will be in Forest Cemetery. Mrs.

Boender. a homemaker and ifeloni Oskaloosa resident, had owned Boender's Country Crafts store the past nine years. She is survived by her husband. Lyle; two sons. David and Dan.

and her father, Jennings Floden, all of Oskaloosa; three brothers. Bob Floden of Fremont, John Floden of Delta and Paul Floden of Oskaloosa: two sis ters, Betty DenHartoe of Oskaloosa and Sharon Scott of Des Moines; and four grandchildren. Friends may call from 7 to 8 n.m. today at Garland-Van Arkel-Lantr- kamp Funeral Chapel. Memorial con- triDUtions may be made to the ladies swing club at Edmundson Golf Course.

GABRIELLI NADEAU '14 the court said was Zimmerman's for mer neighbor and longtime client White, about 90, had signed an agreement setting up a conservator ship to manage his estate, estimated to be worth as much as $500,000 Zimmerman's wife was named con servator. The Committee on Professional Ethics and Conduct accused Zimmerman of "securing" the ap pointment of his wife as conservator at a time when White's judgment was impaired, and of "seeking legal fees for services that were either nonle- gal" or duplicated by his wife. Zimmerman said that the appoint ment of his wife had been proper. He said the panel accusations were un-4 fair because he merely had applied for the fees and that the billing re flected standard practices. "In the end, Zimmerman's wrong doing does not stem from the ques tionable practice of seeking the ap pointment of his wife as conservator, but from knowingly preparing and submitting to the court an application for her fees that bore no rational rela tionship to the services rendered," the court said.

Court rulings LINN Bartow vt. Brubaker, will dispute, district court affirmed. Stale vs. Lacey, tret-pass, affirmed. POLK Larsson vs.

low Board of Parol, parole procedures, affirmed. Office of Consumer Advocate vs. Iowa State Commerce Commission, rate dispute, affirmed and remanded. Stale vt. Sleent, burglary, affirmed.

SHELBY Schulte vt. Wageman, paternity, reverted and remanded. STORY Gore vt. Smith, crash damages, district court affirmed in part, case remanded. WOODBURY the interest of O.L.C., delinquency petition, affirmed.

APPEALS COURT Bearce vt. FMC iniurv dispute, appeal court affirmed. State vt. Clark, robbery, appealt court affirmed. GRIEVANCE COMMISSION Committee on Profetsional Ethlct and Conduct vt.

Zimmerman, license disoule, licente suspended. tected by a labor law that allows non picketing communications directed at customers in some circumstances. The high court said the convictions didn't involve the issue of speech but of remaining on private property after being told by the owner to leave. On the issue of free speech, the court said, "The Constitution does not protect against a private party who seeks to abridge free expression of others on private property. The Constitution says only that free speech cannot be denied by the government, the court said.

It quoted an earlier ruling in which it said, "The right of peaceful protest does not mean that everyone with opinions or beliefs to express may do so at any time and at any place. There is a proper time and place for even the most peaceful protest and a plain duty and responsibility on the part of all citizens to obey all valid laws and regulations." The court indicated that its decision might have been different had Lacey and Novak been in a public area such as a sidewalk or street. Senior Colloquium set The Register's Iowa Naws Service INDIANOLA, IA. Historian Christopher Lasch will present the Simpson College Senior Colloquium at 8 p.m. Tuesday in Lekberg Hall on the Simpson Campus.

fiS'SS'siE" BILLS IN THE LEGISLATURE Tha Assoc la tad Press INTRODUCED IN TNI MOUSI N.P. 77 Allows youngsters aod I) to to pos-stss alcohol In a prlvata noma tha prasanca ot thalr parents. By Ollle. N.P. 71 Spells out procedures lor tha aaminatlon at a oetlenl In commltmant proceedings.

By Dodarar. N.P. 7 Allows boards ot supervisors to appoint soil and watar consarvatlon district commissioners. By Pavlch. N.P.

at Allows avldanca about othar compensation to bo presented la lurors damage suits. Br Hal-vorson of Clayton. P. II Sets standards el contamination far leek-Ina underaround storage lenks. By Harbor and others.

M.F. 13 Provides mat the closlne dete lor apptvlna fx dear licenses be no earlier than Sept 30. P. I) Requires that county sheriffs nave at Most two veers el law enforcement experience before taxing Office By OeGroot. M.P.

a) Sets up an Instructional equipment or ant erogrem for local schools. By C-rubbs M.P. Prohibits a worker from being tired for Klterecv end sets ua a reeding program. By Otile. N.P.

as Calls for Ihe health department to conduct an education program about radon gas. By Osterberg. N.P. II Provides met child cere referral agencies are covered by laws requiring disclosure ot reported abuse charges against workers By Hibberd end Jesse. N.P.

at Limits attorney fees worker compensation cases. By Miller and Rente en N.P. at Bans "dwarf tossing" In teemed Houor establishments. By Connors and Carpenter N.P. Requires the stete board of regents to allow the use of erenes for public athletic events.

Wdud-Ine professional baling. By Connors and Gruoee. M.P. tl Enemors decorative fountains from regulation as swimming poo. By Neuheueer.

M.P. A Hows local eovernmenis to sat Pie terms at airport commissioners. By Chapmen N.P. Extends for another veer financial Incentives lor schools that share programs. By Daggett and Ivorson.

N.P. as Requires stete environmental omelets to prepare regulations tor cleaning leaking underground storage tanks. By Deepen and others. WTROOUCBO IN TNI tlNATt IP. S7 Retaies Investment restrictions an ceme tery permanent cere trust funds.

By Nyslrom. I P. Requires that a document creeling a mortgage ar deed of trust on reel estee be ecknowl-edged ay tha kxm tenants at the real estete. By Vende it IP. increases tha penalty tor Itterma ta up to It WO and ana veer In lea, from up to IM and JO days In iafl now.

By LMd. IP. Establishes penalties and enforcement procedures lor drunken boaters. Bv Rosenberg IF. at Requires ma Department el Education to creete atwettc conferences.

By Laid and Korsien. I.P. 01 Cans for an Independent committee ta study Issues routine la school atmetic conferences and regulation at puOnc and private ethkttlc camps. By Laid and Kersfen. IP.

Relses the threshold lor mandatory re porting of traffic accidents to II.0M aroportv demaoa. from SS00 Bv Vam IP. 04 A (tows suspension ot stete-Hsued profes sional acentee lor time leuina Nt mee required chad support poymente. Bv Gronstei. S.P.

4i Requires prepeid funeral agreement Hmds to be hetd In trust. Bv Vende Hoof. RonsMh, Drake, Diemen, Jensen. Husek, Kibble, Funrmen and Taylor. who died of a lung ailment Jan.

17 at Regional Hospital in Jackson. Burial was in Poplar Grove Cemetery, Paris. Mr. McDonald retired as a claims examiner for Statesman Group in Des Moines and moved to Tennessee in 1972. In Des Moines he had been a member of the Ralph Zarnow Orchestra.

Survivors include his wife, Mon-telle; a daughter, Charmaine Spencer of Chicago; a son, Gaylord of Winston-Salem, N.C.; a brother, J. Arliss of Des Moines; and a grandchild. Reed's Chapel handled arrangements. FREDA RIECKEN VINCENT I Soeciel DttMtrJi la Tha Register PUNTA GORDA, FLA. Freda Riecken Vincent, 86, of Punta Gorda died of cancer here Saturday.

Services will be graveside at 11 a.m. Friday at Iowa State University Cemetery in Ames, Ia. Mrs. Vincent, a retired registered nurse, was born in Davidson, Saskatchewan, and lived in Ames 47 years until moving to Florida last year. She is survived by her husband1, Wilbur, a son, Craig Riecken of Ames; a daughter, Fern Willson of Minneapolis; a brother, Lawrence Heeney of Winnipeg, Manitoba; three sisters, Marge Martin of Calgary, Alberta, Winniford Kenyon of Toronto and Edna Pumple of Sarnia, Ontario; and five grandchildren.

L' Memorial contributions may be made to the American Cancer Society. Arrangements are being handled by Stevens Memorial Chapel in Ames. MILDRED HOSKINSON WOOD Tha Register's lawa Newt Sarvka WINTERSET, IA. Mildred Hos-kinson Wood, 77, of Winterset died of a heart ailment Tuesday at Madison County Memorial Hospital. Services will be at 7 p.m.

today at First United Methodist Church here and at 2:30 p.m. Friday at Creston United Methodist Church. Burial will be in Hill of Zion Cemetery at Creston. Mrs. Wood was born in Adams County and moved to Winterset from Creston in 1983.

She was a homemaker and member of United Methodist Women. Surviving are her husband, Howard; a daughter, Robina Reeves of Eureka Springs, two sons, Robert of Winterset and Andrew of Indianapolis; five grandchildren; and two great-grandchildren. Friends may call after 4 p.m. today at the church here. Larkin and John- son Funeral Home in Creston is handling arrangements.

A GLENN A. FULLER -ll Graveside services will be at 11 a.m. Friday at Memorial Lawn Cemetery in Ottumwa for Glenn A. Fuller of Crystal Manor Care Center, 2501 24th St. The Rev.

Mr. Fuller, 86, died Tuesday at home of complications of an infection. Born in Centerville, he moved to Des Moines three years ago after living in Ottumwa, where he retired, from Deere Co. A Baptist minister; he was a member of Emmanuel Baptist Church in Des Moines. Surviving are two daughters, Sally Snedigar of Ankeny and Anne Cubley of Grandview, a son, Sam of Tucson, 13 grandchildren; and 19 great-grandchildren.

Friends may call from 7 to 9 p.m'. today at Ankeny Funeral Home. Trial date set in parents' slaying The trial of Alexander J. Morgan, charged in the 1986 slaying of his par? ents, will begin April 8. I Morgan, known at the time of the deaths as Charles Little, was arraigned Wednesday in Polk County District Court on two counts of first-degree murder.

He originally was charged shortly after Arlene and Charles Little Sr. were found shot to death on Des Moines' south side, but a judge ruled that evidence in the case could not be used because police had not advised him of his rights or obtained legal consent to conduct tests. He was 16 at, the time. Recently Morgan was charged' again after prosecutors said three witnesses came forward with information about the case. Polk County District Judge Joel Novak ruled Tuesday that search warrant documents relating to gan's arrest be unsealed, although Morgan's lawyer had said that Mor-, gan could not receive a fair trial if the documents were opened.

Novak said the search warrant will be unsealed at 4 p.m. today, pending appeal of bis decision. Adrian Piper exhibit opening at of lowa '1 Tha ReaMer! Nrwa News Service IOWA CITY, IA. The University of Iowa Museum of Art Is presenting "Adrian Piper: Close to Home," an exhibition of video and graphics that, will be on display Feb. 2 through March 17.

The exhibit is in conjunct tion with African-American History Month at the of I. graydon Mcdonald By FRANK SANTIAGO Register Staff Writer Two men who distributed handbills at a Cedar Rapids restaurant urging customers to stay away were not protected by the Constitution's free-speech guarantee, the Iowa Supreme Court ruled Wednesday. The court, in a unanimous decision, upheld the criminal trespass convictions of Edward Lacey and Robert Novak, who asked a boycott of Ryan's Family Steakhouse because it had Tliomasville Gallery' up to 50 mm This won't be the only leather moving this weekend. 3Mi mm if yS p-J -'gyp swj 4 -'y -V SOFA $1747.50 CHAIR $900.00 LOVESEAT $1672.50 OTTOMAN $375.00 Includes In-stock and custom orders. Now's your chance to save 40 to 50 on famous Thomasville leather upholstered furniture.

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