Columbia Missourian Newspaper 1978-06-08

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11ITT & LOBBY ST.
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70th Year - No. 224 (; oml Morn'mf:! IfV Thursday. Jiuw , 1978 2 Sections - 24 Pages - 15 Cents I
Dispute ends
can ban trial
byMJ. RIchter
Mte& ourian staff writer
A heated argument over proposed
rebuttal testimony punctuated the final
day of trial on the city's controversial
beverage container ordinance in Boone
County Circuit Court Wednesday af-ternoon.
Judge John Cave, who eventually will
rule on the case, gave the plaintiffs IS
local beverage retailers and
distributors until Sept land the city
until Oct 16 to file briefs. The suit
challenges the constitutionality of the
ordinance, which requires a 5- ce- nt
deposit on currently nonretumable
containers.
At Wednesday morning's session,
Daniel Syrek, an industrial engineer,
was called as the plaintiffs' one rebuttal
witness. When plaintiffs' attorney
Thomas Wagstaff asked Syrek to
describe a litter count he had com-pleted
in Columbia, assistant City
Counselor Scott Snyder immediately
objected.
r Snyder argued that Syrek's. litter
survey was not included in the pretrial v
questioning processand therefore the
defense could not be prepared to
question him during the trial.
" Wagstaff replied mat " the sole
purpose" of Syrek's testimony was " to
rebuttestimony presented by the city."
He added that no new evidence would
be elicited from Syrek.
NCity Counselor Rhonda Thomas
argued mat the question of litter was
originally included in testimony for the
plaintiffs and " for them to bring in the
question on rebuttal is improper under
Missouri law."
" The purpose of rebuttal is not to
have the last word," Mrs. Thomas said,
" but to rebut anything raised by the
defense. We didn't raise this issue."
Cave eventually agreed with the
defense and sustained the objection. He
did, however, allow Syrek's testimony
to be heard " subject to proof."
Such a ruling means that Judge Cave
will not consider the testimony in
making his decision, but if his ruling is
appealed, the appellate court may
consider Syrek's testimony. Last July
Cave issued a temporary injunction
preventing enforcement of the or-dinance
until the matter, could be
settled in court
After the ruling on whether he could
testify, Syrek, director of the Institute
for Applied Research in Sacramento,
Calif., said he had conducted a utter
survey -- on some of the Columbia sites
already reported in previous testimony
by city witnesses. Those sites had been
surveyed in April and May by a group
headed by David Thelen, a University
professor.
Snyder asked Syrek how many days
had elapsed between Tfaelen's two
surveys. Syrek replied Thelen had
waited at least a month between sur-veys
of the same sites.
" How many days bad passed since
Thelen's last survey and yours?"
Snyder asked. Syrek said a minimum
of six days and a maximum of 13 days
had elapsed, depending on the site in
question.
Defense attorney Darwin Hindman
then interjected by asking Syrek if he
had any way of knowing whether, the
city had cleaned thoscsites in tjj in-terval
between Thelen's survey and his.
Syrek said be did not know. .
Syrek's statements endedtestimony
- in the trial. . Transcripts, of testimony
wfflwwr be- prepar- ed for Toe- b- y the
attorneys in presenting their briefs to
Cave.
Snyder said " a case this complicated
may require six months to a year
before a final ruling is made."
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-- rt - i a . fc i r T-- i M nw i i ) w n jigg Dave Livengood, 27- BClarkso- n Road, checks lines inside his inflating n. .
His iob is bit more than hot air
By Kathleen Golden
Missourian staff writer
- A year ago Nick Saum told Adolph
Coors Co. that be bad an un-conventional
idea that would increase
the sales of its beer. Coors said it was
not interested.
A very determined Saum finally
convinced a vice- preside- nt of the
company to at least discuss the idea in
private. What the vice- preside- nt did
not know was that " private" meant
5,000 feet above the ground in a hot air
balloon. Needless . to say, a few
moments after take- of- f, the vice- preside- nt
accepted the idea. Saum
then landed the balloon.
Since then Saum, a geologist in
Golden, Colo. Coors home town
spends his spare time flying balloons.
At 7 o'clock Wednesday morning,
Saum and fellow balloonists took off in
two balloons from Reactor Field in a
race to Columbia Country Club. The
winner would get a case of beer, Saum
said. He didn't say what kind.
Before take- of- f, Saum explained the.
fundamental points of flying a
balloon. The two- pa- rt balloon consists
of the basket, which carries the pilot
and passengers, and the envelope, the
" balloon part" of the balloon.
To fill the balloon, the basket is
placed on its side and a high powered
fan blows three tons of air into the
envelope. ( The envelope, 70 feet from
top to bottom, is made of 1,200 yards
of nylon.) Then the basket is placed
upright and a flame powered by liquid
propane heats the air which causes
the balloon to rise. While the balloon is
being filled, Saum checks cords and
vents for " wear, making sure the
aircraft is safe for flight
After the preliminaries, Saum and
the other balloon, piloted by Dave
Lavengood Columbia, prepare for
take- off- . Saum says he prefers to fly
irtthe company of another balloon.
" It's not as much fun flying alone."
The destination at the country club,
Saum says;- - " is somewhere in the
vicinity of the clubhouse. Balloonists
try to avoid landing on the golf course
to avoid paying any damage it might
cause the course's pampered grass.
During the flight, Saum says he
must maintain at least a 1,000- fo- ot
height for safety reasons.
Once in the air, Saum says, a pilot
must concentrate on where he is
going, not on the scenery below him.
He says about 85 percent of the ac-cidents
which occur are because the
balloon strikes power lines or trees
the pilot did not see in time.
After take- of- f, a chase car keeps in
touch with the balloons via a CB radio
and walkie- talki- e which Saum carries
with him at all times. The chase car
was -- an appropriate name on this
flight since neither balloon landed at
the designated spot They landed an
( See BALLOONIST, Page 14A)
State to receive dormant funds
ByTemWoH
Missoarian staff writer
Persons in Missouri with checking
and' savings accounts left dormant
more than seven years are facing the
transfer of their money to a state
abandoned fund account
- These funds, transferred under a new
Missouri law, are expected to add
mulions of dollars to the state treasury
and also may make it less difficult for
potential heirs to claim previously
unknown funds left by deceased
relatives.
" The major premise of the buT is
whether the money in dormant ac-counts
should belong to banks or to all
the people of the state," its sponsor.
Rep. John Rollins, D- Colum-bta,
said.
' Rollins said be believes abandoned
accounts should be used to the benefit of
the state and not just the banks holding
them.
The law requires banks, savings &
Insight
loans and credit unions to notify those
depositors with accounts of more than
$ 50 who have made no deposits or
withdrawals in seven years that their
money is in danger of being transferred
to the state treasury. Financial in-- --
stitutions must mail the notices by
August x, 1978. The depositor then has
180 days to respond by claiming the
funds. If no response is received, ac-cording
to provisions in the law, the
money will then be transferred into the
state abandoned fund account set up by
the state treasurer.,
Financial institutions also must by
Oct 1, publish a list of the dormant
accounts in a local newspaper ' once a
week for two successive weeks.
After transfer of the funds, the state,
must attempt to notify the depositor by'
mail that his funds are being held. The
depositor can then fQe a claim to
retrieve his money.
The law is designed to allow the state
to use funds abandoned by persons who
have either died or left the community.
A SOO, 000 reserve will be kept in the
abandoned fund account to cover
claims. Any' funds more. than that
amount will be transferred to the
state's general revenue account
Jn 1975, state- charter- ed banks held
nearly $ 2 million in accounts unused for
more than five years. Based on total
assets, national banks in Missouri could
now have a million dollars in aban-doned
funds, according to an official in
the state's finance office.
Nationally, funds in financial in-stitutions,
including insurance and
payroll accounts, are being abandoned
at the rate of a billion dollars a year,
according to a series of articles which
appeared last September in the St.
Louis Globe- Democr- at
Forty- fou- r states presently have laws
governing the use of abandoned funds.
New York collected $ 130 million in
abandoned funds last year, with
( See STATE, Page 14A)
768 seniors graduate in local exercises
Rock Bridge ends
graduation in dark
ByGtyaNorthbgtoB
Hssanriaa staff writer
- Almost 309 Rock Bridge seniors graduated Wednesday
nightevenifsomeofthemhadtodoitinthedark.
-- An electrical storm passed through the area about 8 pjn.,
and just after Sberri Lynne Tate got her congratulatory
handshake, the lights went out in the Rock Bridge High
gymnasium. Auxiliary lights and powerful flashlights made it
possible to continue the ceremonies after only a 5- mfa-mte
delay.
"-
- Before, the power failure, sneaker Walter C. Daniel,
.',' U'' anlliovwersyiotyurvcicreeacthivaencsedllHoro, usurgrgeed othnewagrrda. duYaotuinmg ussetnhioarvsetao
moving cariosity to see what is and contemplate what would
rnakeitbetterand worthy ofacuttaredrace."
- Daniel applauded the recent interest in basks skills in the.
public schools, but advocated teaching that emphasfeeg
" aspects of human relation" and allows seniors to increase
their ' Isotberbood, fellowship and love forvtnanUnir
ftroughoottheirlives. ,'- - -- n'.' V
. Daniels concluded by temng the seniors to " strive for your
golorelaeyoawffldie, andlwotddhatetoseetheyoangdie
" osMoseyrmaresobeaotifaL'' . "
. ;:,
' This senior class of 296 was. the largest in thefour- yea- r .
bkaoycftteschoolRockBridgesfirrtgra
W4, nmabendlOk - -- ,'""...- vfa":?' r,
- The. sjsemnied seniors' emotions ranged from sadness to
indulgence to eahfliration. However, fltey, aD: seemed to-.- -
1 ree mat tt was ttaKto'pot high schctf behind t
mtoaietfaingetae, ; ;,;-;- - -- .. y "... Tm ssd," Tlwrfhfr Fice, It, MS Hope Place, said. TH
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RockBridge grsdoate- to- b- e in shadows
miss all nry friends, teachers and " the school atmosphere.
However, I guess I amready for coQege! I want to start
somethingnew. tV "- 7- -
Cliff Tompsony- 18- , 209rParkway Drive,; agreed that it,
woulbe sadtolh friends; bot,'' asawhote, my attttude
;--
om offadrtfereiK : Ab3 ereryone who goo into high sbool
' mnnlislsMnt?!'-'---'-- - fi'-.- f . f- - :. r- y'- -' '
Rain moves
Hickman
ceremony
By& fflceAsber
MQsMorian staff writer
Friends and relatives packed
Hickman High's gymnasium for the
golden anniversary graduation for the
high school Wednesday night
Commencement would have been
held outside in the stadium but an
advancing storm forced it into the
gymnasium, where the crowd over-flowed
into the hallways. Daring the
ceremony it began to rain so hard that
water poured in the gymnasium win-dows,
dowsing spectators sitting in the
sects near thewindows. t
Students and spectators used
programs as' fans to keep cool in the
hot, humid air of the gymnasium.' But
even in discomfort, friends and
relatives cheered the 470 seniors as
.. they marched with sober faces to
receive their diplomas.
. . Because ft was a special graduation,
"' the seniors had a special speaker,
William Hungate, former Congressman
-,- afrroemwHManynii, b, alli. esOidudr ; hopes and hea'rts
Janet IighSoutfaerlaiidpnHidly displays berdMoom .
'
HoQy Hagan, 18, said she felt " fan-tastic"
after graduation. THmissmy'
friends but I've got a lot to look forward
to," she said. Next year Ms. Hagan
plansf- t- o attend ifae Universay of
Kansas to c major in elementary "
docation. - . ..;;,.. -- .- - vj V-- -
, " After 12 yean we're fms'- fsttfac'.'"-:-
.
, oot". 5'. Wood --. plans -- tovtitogMY ?
. psychology .. wl51ie-- attaA;-" tBea;-.;-- v.
When u'' was- oirBrv: tne? griirti- M,
. c6ngregateo3ontldei!: ti; w- - w" 2KlBB'flaDLflHIKflflKlfeivM
" Inside today
No business like show business
Vaudeville is alive in Columbia. Whether it is well is for the audience to
judge later this month when two shows will be produced with local talent at a
local bar. The details are in People, Page IB.
Wilt the Stilt and volleyball
Wilt Chamberlain played 47,859 minutes of professional basketball and
scored 31,419 points. Today, however, he is spiking volleyballs at 5- foo- t- 5
women. ReadaboutitinSports, PageBA.
In town today.
9 a. m. Boone County Court meets, fifth Door, County- Cit- y Building.
7: 30 p. m. " You're a Good Man, Charlie Brown," Maplewood Barn Theater,
Nifong Park, Route AC off Business 63 South. Adults $ 1.50, children 75 cents.
7: 30 p. m. " Tenesmus," original play by Columbia writer Richard Branton,
performed by Group Two acting company, Gentry Hall basement University.
Admission 25 cents.
Movie listings on Page 15A