Denton Record-Chronicle (Denton, Tex.), Vol. 74, No. 62, Ed. 1 Wednesday, October 13, 1976 Page: 1 of 36
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The Wednesday---------—------:-----------—----------
Denton Record-Chronicle
“TH YEAR OF DAILY SERVICE — NO. 62
DENTON. TEXAS. WEDNESDAY AFTERNOON. OCTOBER 13. 1926
40 Pages in 6 Sections
15 Cents
UIL Wins
1st Round
In Lawsuit
By NITA THURMAN
Regional Editor
A University Interscholastic League
one-year residency requirement for
high school varsity athletes is "ar-
bitrary. capricious and probably
discriminatory" — but not un-
constitutional. Judge W C Boyd ruled
Tuesday.
Boyd dissolved a temporary
restraining order and denied a tem-
porary injunction against enforcement
ol LIL rules ‘asked by the Paul
Anderson Youth Home against
Lewisville High School. A full trial on
the issue will be scheduled, the judge
said
3 Deaths Bring
Statewide Halt
To Flu Shots
ALTHOUGH plaintiffs lost the initial
court skirmish, they are not conceding
the war
Future court action will come too late
lor Elwyn Gagliardi, a student at the
youth home who is seeking to be
allowed to participate in the five
remaining varsity football games at
Lewisville High School
But the UIL rule needs to be changed
to prevent similar situations in the
iuture. attorney Doug Adkins said, and
he intends to continue the battle.
Champion for the cause was Paul
Anderson, an Olympic gold medal
winner and record-setting weightlifter,
who founded the Lew isville youth home
and another in Georgia
ANDERSON TOLD the court he
founded the youth home on the basic
principle that troubled teenagers must
be able to attain a "good self-image" —
to discover and develop their talents
and abilities to their full potential
"We want to show these boys you
now have a new life and the same op-
portunity as everyone else,’ " Anderson
said.
But equal opportunity is denied a
resident like Gagliardi, he said, who
was sent under court order to the youth
home but because of the UIL rule
cannot participate to the fullest of his
abilities in varsity football.
"We just tell him hey. no. you're a
second class citizen again.’‘ Anderson
added
, The November: swine fiu im
munization program in Denton County
will be delayed at least a week as a
result of the statew ide suspension of the
immunization program
The Texas Department of Health
Resources will announce Monday
whether the state will resume the
immunization program Health
department officials Tuesday tem
* porarily suspended the program
pending investigation of the deaths of
three elderly persons who received
the vaccine in Pittsburg Pa
The delay will slow everything down
immediately. said Howard Powell
director of nursing at the city county
health department The state will
either skip the areas scheduled for
clinics this weekend or change the
schedule
ruu N 1 / \ I 10) clinics were
scheduled in the county for Nov Band 7
and for college students later the
follow mg week
The state- decision to halt the im
munizations was “based on tin fact
that at present time there is no swine
tin going on in the United States said
Dr Stephen Mallory, head of the im
munization program in Texas. We
thought in t iew of these repor ts it w ould
be perfectly safe to hold up our
program until we look into this fur
ther
Federal officials. say then is no
evidence that swine flu shots killed
three elderly Pennsylvanians whose
deaths have prompted authorities in
eight states and the Pittsburgh area
least is other states including most
• Pennsylvania
The CD said samples of the batch of
vaccine used in the Pittsburgh area
would be tested at the Bureau of
Biologies in Rockville, Md
The continued emphasis on what is
a expected phenomenon is going to
have .» deleterious effect on the
program Millar director* of the
CD s bureau of state services, said in
a telephone inters lew
Reports of several other elderly
persons dying following vaccination
surfaced after the partial shutdown
Tuesday ol the nationwide effort
Millar said most ot the *00,000 doses
- of the vaccine given out thus tar had
gone to persons over 63 And he said
evidence thus far indicated that elderly
persons who were vaccinated were less
vulnerable to death than those who
tetran-irombeing mnoeulated--—
M1 IIWI no evidence to suggest
that these deathsin the Pittsburgh
area were caused by vaccine or the
taceine programs said Dr David
sencer head of the CD Never
theless this is a highly unusual cluster
of .deaths and requires a lull in
vestigation.
Sencer said the deaths are going to
make our job muc h more difficult ' in
» anvinc ring Americans to participate in
the program
in New York Michigan and I tab
where the program continued health
ombicials suspended use of vaceine
hipped in the same lot as that given to
the three per sons who died in Penn
ANDERSON AND the other plaintiffs
are not asking complete cancellation of
See ANDERSON. Page 24
CONTINUE ING THE FIGHT - Backers ol a battle to
amend a University Interscholastic League one-year
residency rule leave the county courthouse after an
initial skirmish Monday, but pledge the battle will
continue From left arc attorney Ken Stoner, Paul
Anderson, Olympie champion and founder of the Paul
Staff Photo Sv JIM MAHONEY
Anderson Youth Homes which brought court action
seeking the UIL change, attorney Doug Adkins and
Jerry Campbell, executive director of the Anderson
home in Flower Mound An unidentified man in back
follows the group
suspend the hum illation program
But if reports continue to link vac
cinations with deaths of other elderly
persons, the program —started two
weeks ago "will come to a screeching
hall Di J Donald Millar, an official
at the_Center for Disease Control in
Atlanta said today
States where the program was
suspended were Texas, Wisconsin
Louisiana, Vermont, Maine New
Mexico, Alaska and Illinois except
for Chicago,
till SHOTS till were being given in
ta lvania
Those three victims two women
and a nian .di in their 70s — died within
everal hours ot getting v accinations at
a public health center in Pittsburgh
according to the county coroner The
Allegheny County coroner said the
three had histories of heart or lung
trouble- . *
The type of Vaceine received by the
three victims was produced by Parke
Dirt is & < o of Detroit and was part of
lot 1913339A Sencer said about J
million to 1 million doses were in the
Tot. which was distributed mostly Hi the
East
W hat they say
about United Way
Ben Ivey, Jr.
May or Pro-Tem. City of Denton
"Denton County United Way —
What does this mean'’
Denton County (all of us>__
United (together)
Way (a method of doing something )
All of us together doing something
in what better manner can 1 be a
better citizen — Christian — friend
than to help people help themselves
through our United Way’’ In addition
. to our Fair Share monetary gift,
let 's each pledge our Fair Share gift
of our time to the early completion of
our Bicentennial United Way Goal.”
good
afternoon
Index
Amusements
Classified
Comics
Puzzles
Editorials
Horoscope
Lifestyle
Sports
TV Listings
1-3B
tIC
38
3B
IA
3A
1-bB
I-3E
2B
Inside Today
TEXAS WOMAN’S University is holding up
its request for a state medical school pending
negotiations with North Texas State
University on a cooperative effort Page 2A.
Clear
DENTON AND VICINITY.
Clear to partly cloudy tonight
and Thursday. Continued
warm afternoons. Low
tonight 50 to 58 High Thur
sday 75 to 84.
THE CITY of Denton would be happy to
accept any additional grant money from the
state and federal governments for park
development and is making sure money is on
hand to match those grants. Page 5A .
WEATHER REPORT
Low This Morning st
High Tuesday 79
Low Tuesday 57
High Last Year 89
Low Last Year 71
The sun sets today at 7:03;
it rises Thursday at 7:35.
THE CINCINNATI Reds clinched the
National League baseball title Tuesday with a
dramatic ninth-inning rally against
Philadelphia. Sports. Page IE.
RAINFALL
Last 24 Hours
Total For Month
Total For Year
Normal For Month
Last Year To Date
.00
80
29.67
190
30 06
Nash Conflict Of Interest Advice
Not Complete, Mitchell Contends
By KERRY GUNNELS
City Editor
At least one city councilman still has
some questions about possible conflicts
of interest by Councilman Bill Nash a
consulting engineer.
Councilman Joe Mitchell says a legal
opinion by City Atty Paul Isham, which
said that Nash should abstain from all
decision-making on Aubrey Reservoir
until legal differences between Denton-
and Frisco are resolved, did not ad
dress other aspects ol the Nash conflict
of interest question
and the possible influence Nash might
exert over city building officials and
planning officers if he were to conduct
such work while on the council.
I want to make myself quite clear.
Mitchell said "I am sure that Mr Nash
would never do such a thing But I do
think it s a question that should be
resolved : -
developers who must, obtain building
permits or subdivision approvals from
the City ot Denton the Board of
Ethical Review of National Society of
Professional Engineers has drawn
some rather line lines on the issue
said NSPE general counsel ton F---
Lunch in a letter to Isham
It the city council thid not pass upon------
the issuance of the building permit and
Debate
Format
Upheld 5
WASHINGTON UPD The
supreme ( ourt says the final debate
hetWeen Jimmy Carter and
President Ford win include only
them and no independent van
dates:
WINIT CONCERNS Mitchell, the
councilman said, is whether a coun-
cilman should be allowed to do any
business with the city, even in areas
over which the council has no direct
control •
In this case, Mitchell was referring to
engineering work Nash has performed
in the past tor various contractors and
developers on subdivisions of the city.
NASH. HOWEVER, replies that II
has been years since he has done
consulting work lor city subdivisions
lieused the opportunity to criticize city
development policy
Until (City Manager) Jim White.
changes the policies, there won’t be any
subdivisions," Nash said
While Isham did not directly refer to
the possible conflict question regarding
subdivision work, backup materials in
his lengthy memorandum on the issue
did
As regards the engineer doing
engineering work for contractors and
was granted or not by other city of
ticials, and sueh action was not in
fluenced by the engineer serving on flu
council, there would apparently be no
basis for ethical objection Lunch
added .
TIE (JIA council is not directly
responsible either for subdivision
approval or the issuance of building
permits Plats for subdiv visions are
approved by the planning and zoning
commission and building permits are
handled by city staff personnel
But Milchell said there are “subtle
Ser NIITO HELI Page21
The court Tuesday rejected up
peals brought by several groups,
who contended revised Federal
Communications Commission rules
deny independent presidential
candidates their 1st Amendment
rights and violate the equal time
requirements of federal law
The rules issued earlier this year
permit live broadcasting of news
conferences and debates if a net-
work determines they are bona fide
news events and no particular
candidate, is intentionally assisted
Jury Finds Weldon
night Guilty
Former Lawyer Receives 10- Year Probated Sentence
Robert Weldon Knight was convicted
of forgery and given the maximum
sentence, although prison time is
probated, as hours of testimony and
jury deliberations ended late Tuesday
night
The lime-woman, three-man jury
panel returned a verdict ol guilty at
about 3:40 p.m. Tuesday and went into
closed session again at 6 p m, to con-
sider punishment !
They returned to 138th Dist. Court at
about 8:45 p m to sentence Knight to 10
years in prison, probated, plus a $5,000
fine. ’
The sentence range lot conviction of
forgery, a third-degree felony, is from
two to 10 years in prison and a line of up
10 $5,000
Prosecutor Fred Marsh asked the
jury to return a 10-year sentence
■ against the defendant and argued
against probation
"Probation" is a second chance.
Marsh said Weldon Knight was an
attorney . r. evidence shows he used his
. position of trust to effect this forgery
He knew the consequences of his act
and committed them anyway. - How
many more chances does he get?"
Defense counsel Frank Jackson
called three character witnesses who
testified that Knight s reputation as a
" i law -abiding citizen is good
Dr. Harry McClendon, attorney Jack
Gray and Constable"Henry Gregory all
took the stand for Knight f —
Marsh put only two character wit-
nesses on the stand. Jerry Yeric, who
was foreman of a grand jury that
initially issued a number of indictments
against Knight that were later quashed
because the jury was improperly im-
paneled, and Johnny Guest,-in-
vestigator for the county-district at —
torney s office
Jackson urged the jury to consider
probation for Knight, describing him as
the • perfect example" bl the type ol
defendant that can fulfill terms of ’
probation 1
The probation law is established for
people like Weldon Knight Jackson
said 1
Early Tuesday, Marsh called to the
stand a handwriting expert that
testified that three signatures on two
hen releases in the same handwriting of
other examples ot signatures of the
same three persons
The lien releases were turned over to
Harold Brown of Decatur and officials
of the Federal Land Bank in an over
$35,000 transaction to transfer a tract of
land in Cooke County
Brown testified earlier that a year
later he found that the land he pur-
chased has been posted for foreclosure
and he had to borrow another $10,000 to
prevent the sale
Jackson initially urged the jury to
acquit Knight charging that
prosecutors had failed to connect him in
any way with the actual signing of the
lien releases
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Denton Record-Chronicle (Denton, Tex.), Vol. 74, No. 62, Ed. 1 Wednesday, October 13, 1976, newspaper, October 13, 1976; Denton, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1703362/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Denton Public Library.