The Battalion. (College Station, Tex.) 1893-current, November 19, 1980, Image 7

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    THE BATTALION Page 7
WEDNESDAY, NOVEMBER 19, 1980
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New rules allow phone-in court
No minors in amusement halls
United Press International
PHOENIX, Ariz. — Lawyers in
; 0 me Maricopa County civil cases
, an phone in their oral arguments to
udges under a new rule inspired by
he Salt River floods, which kept
Wed toiigMttorneys from getting to court,
frngsukjdt Superior Court Judge Thomas
testified ifiLfleinschmidt said he began hearing
mefi^Eotions by telephone when water
35 "'"inning through the normally dry
the suburbs of Tempe and Mesa from
reaching the court in downtown
Phoenix.
As a result, Superior Court civil-
division judges have adopted a new
procedural rule to allow civil-
division judges to hear oral argu
ments on any motion through a tele
phone call.
must be ratified by the Arizona Sup
reme Court.
When one lawyer is present and
another is talking over the tele
phone, the new rule requires the
lawyer present in court to speak from
a telephone away from the judge so
that lawyer doesn’t have the advan
tage of body language, Kleinschmidt
said.
The new rule also says the court is
to decide who pays for such phone
calls.
Pinball law unconstitutional
United Press International
NEW ORLEANS — A federal
appeals court says the Mesquite City
Council may have overstepped basic
principles of constitutional govern
ment with a law that barred anyone
under age 17 from playing pinball or
other electronic games at amuse
ment halls.
The 5th U.S. Circuit Court of
Appeals said Monday there was no
legitimate reason for the municipal
law and overturned a district court
ruling that upheld the 17-year-old
age requirement established by the
Dallas suburb.
But the appeals court, in its 17-
page opinion, upheld a portion of
that ruling by Judge William M.
Taylor Jr. in Dallas, who struck down
a part of Mesquite’s law dealing with
a “connection with criminal ele
ments.”
The opinion by Judge Robert S.
Vance said the age requirement was
discriminatory and violated constitu
tional guarantees of freedom of
assembly.
The stated purpose of the law is to
prevent truancy and to keep minors
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SAFEWAY and a little bit more
from corrupting influences, but
Vance said the age requirement “in
no way rationally furthers these in
terests, even making the assumption
that both of these goals are legiti
mate.”
The dispute began about five years
ago when Alladin’s Castle, Inc.,
which operates about 100 “family
amusement centers” featuring coin-
operated amusement machines,
planned to open one in the Town
East Mall in Mesquite but found the
city law prohibited such an opera
tion.
Alladin’s approached the Mes
quite City Council, which agreed to
ease zoning rules and lift its age res
triction on use of such amusement
centers. The company spent more
than $80,000 to rent and prepare a
center.
The city manager balked at issuing
a license, however, after learning
Alladin was a subsidiary of Bally
Manufacturing Co. of Chicago, a
maker of slot machines, pinball
machines and other gambling-type
devices that has large casino in
terests. Bally once was charged with
violating federal gambling and rack
eteering laws but was cleared of the
charges.
When Alladin’s obtained a court
order forcing the city to grant its
license, the City Council passed the
law.
“We suggest,” the court said,
“although we do not decide, that
there are limits on the powers of
municipalities to induce business
men to expend vast sums of money,
then, without any changed circumst
ances, to enact legislation which des
troys the value of that expenditure. ”
Police say
pot raids
will rise
United Press International
LAFITTE, La. — Because of a
good crop of high-grade marijuana
this year in Colombia, deputies say
they expect the number of marijuana
seizures along Louisiana’s bayous
and Gulf Coast waterways to in-
crea.se,
Eleven men were held Monday on
charges of possession of marijuana
after the seizure of 40 tons of the
drug, worth $32 million, from a 62-
foot shrimper. Deputies said the
boat, Will’s Folly, was “packed to the
gills.”
Jefferson Parish sheriff s deputies,
acting on a telephone tip, were wait
ing for the Will’s Folly when it pulled
in late Sunday. Several shots were
fired in the raid but no injuries were
reported.
It was the second major marijuana
seizure in south Louisiana in three
weeks.
On Oct. 29, customs officers, state
police and local authorities halted a
barge laden with 78 tons of marijuana
near New Iberia. Worth an esti
mated $112 million, the raid was the
largest seizure ever recorded in the
United States. Four men were
arrested.
Senator’s
plea is guilty
to charges
United Press International
AUSTIN — Travis County Dis
trict Attorney Ronald Earle said
Tuesday Sen. Gene Jones, D-
Houston, is prepared to plead guilty
to misdemeanor charges of official
misconduct.
Earle, emerging from a meeting ol
the Travis County grand jury, told
reporters that Jones would appeal
later in the afternoon in 167th Dis
trict Court to enter his plea to the
Class A misdemeanor.
The grand jury has been investi
gating allegations that members ol
Jones’ staff had worked in his elec
tion campaign on state time and had
used state materials. The grand jury
has had its term extended twice to
continue its investigation.
Jones was defeated in the Nov. 4
election by Republican Mike
Richards.