Banner Graphic, Volume 10, Number 72, Greencastle, Putnam County, 27 November 1979 — Page 14

The Putnam County Banner Graphic, November 27,1979

Recommendation in boundary dispute comes as no surprise

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Olga, A One-Ton Atlantic walrus, is fed at the Brookfield, 111., Zoo. The most expensive animal at the zoo to maintain, Olga consumes $13,000 worth of fresh frozen

Opponents omitted from

MADISON. Ind (AP) - An attorney for opponents to the Marble Hill nuclear generating station cried foul today as a congressional subcommittee prepared to look into the plant’s construction. Madison attorney Thomas Datillo, who represents the Save the Valley group, said members were angry their names were omitted from the list of witnesses called to the

1979 Hoosier corn harvest nears an end

By The Associated Press Indiana farmers have cleared most of the remaining 1979 corn from their fields, thanks to good harvesting conditions with warm temperatures early last week. However, wet conditions at the end of the week placed the overall pace of the harvest slightly behind last year at this time, said Earl Park, agriculture statistican at Purdue University.

State, federal officials reach lOSH A compromise

INDIANAPOLIS (AP) - State officials have reached a compromise with the U.S. Department of Labor allowing the Indiana Occupational Safety and Health Administration ( lOSHA) to retain most of its inspection powers, the Indianapolis Star reported today. It said the tentative compromise represents an abrupt reversal of the Labor Department’s position favoring federal takeover of safety inspections in Indiana. The compromise, however, still faces heavy opposition from Indiana unions, which petitioned the U.S. Occupational Safety and Health Administration (USOHSA) to withdraw its approval of lOSHA, the Star said “The unions charge that lOSHA is failing to protect workers’ health and safety. ” The Star said if the plan goes through, Indiana would be the first state allowed to retain its own safety and health agency. “The dispute thus has national implications for relations between labor, which has attacked state OHSAs throughout the country, and business, for which the federal agency is-a symbol of overregulation.” The Star said Indiana is one of a handful of states which took

mackerel and herring a year. The zoo is sponsoring an “Adopt Olga" program for the Christmas holidays in an attempt to subsidize the costs. (AP Wirephoto).

Washington hearing. “We have been in this for four years,” Datillo said. “We feel we have something to offer to these hearings, and it was our investigation which brought it out in the first place. It is not fair for us to sit on the sidelines now.” The House subcommittee on energy, environment and natural resources scheduled hearings today and Wednesday to

In his weekly crop report, Park said today 92 percent of Indiana’s 1979 corn production was harvested by the end of last week. Last year, 95 percent of the crop had been harvested, but Park said the average mark for this time of the year is 85 percent. By area, the corn harvest was 80-to-90 percent complete in the north, 95 percent complete in central counties, and 92-to-100 percent complete in the south.

the opportunity to develop its own occupational safety agency, rather than allow USOSHA to inspect Indiana businesses when the federal department was founded in 1974. “Almost since its inception, the state agency has been the target of state and national labor groups, which charge it is biased toward business and incapable of performing its job. “After six months of monitironig the state inspectors, federal officials were thought to favor removing their approval of lOSHA. But Indiana officials, led by aides to Gov. Otis R. Bowen worked to reverse that position.” The Star quoted a state official it said asked not to be identified as saying, “We were able to convince the secretary of labor the reports of our failings were inaccurate or were on very shaky grounds. Those were the result of some very biased reporting by the people sent out here to monitor lOSHA.” Announcement of the compromise has been delayed more than two weeks while the Labor Department tried to line up AFL-CIO and Steelworkers support, the Star said.

check on Nuclear Regulatory Commission supervision in uncovering safety-related construction mistakes at Marble Hill, said staff counsel Robert C. Brown. He said witnesses called today were James Keppler, NRC regional director in Chicago; Cordell Williams, NRC regional chief of construction inspection, and Frank Hawkins, construction inspector specializing in

Last week’s temperatures in Indiana averaged 10 degrees above normal, but rainfall in the south equalled a month’s supply in some areas, said Lawrence Schaal, state climatologist at Purdue. Some lodging and stalk rot was reported and scattered wet spots were still unharvested. Park reported the 1979 soybean harvest virtually complete. Winter wheat is now 95 per-

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INDIANAPOLIS (AP) - A U.S. Supreme Court hearing officer’s recommendation in favor of Indiana in its boundary dispute with Kentucky came as no surprise, deputy attorneys general from both states say. Senior U.S. District Judge Robert Van Pelt recommended that the boundary between the two states be fixed at “the low water mark on the north side of the Ohio River as it existed in 1792, when Kentucky was admitted into the Union.” The recommendation came Monday m a report prepared by Van Pelt, a Lincoln, Neb., judge, for the Supreme Court. Van Pelt is also the hearing

Solicitation methods upheld by court

WASHINGTON (AP) Krishnas, or any other religous group, may roam the Indiana State Fairgrounds soliciting contributions during the annual exposition. The U.S. Supreme Court said so in effect Monday. By refusing to block “wandering solicitation” by International Society of Krishna Consciousness members at the fair, the high court left intact lower court rulings which said Indiana’s attempt to limit the society’s activities to a fair booth is an impermissible infringement on religious freedom. Indiana officials contend the restriction is imposed on all exhibitors and serves an important, legitimate function. U.S. District Judge William E. Steckler in Indianapolis and the U.S. 7th Circuit Court of Ap-

witness list

concrete work. Brown said witnesses Wednesday, all from Public Service Indiana, which is building the plant along the Ohio River near Madison, will be Hugh A. Barker, utility president; Frank Hodges, superintendent of procurement in the quality assurance department, and Tom McLarty, construction inspector. Flaws in concrete work at

cent emerged, the same as 1978. The wheat stand condition was rated good. Plowing of land intended for crops to be planted next spring is running ahead of the average, but behind last year’s pace. Park said. He reported plowing 45 percent complete, compared with an average of 40 percent and last year’s mark of 50 percent. Tobacco stripping is 40 percent complete, compared with

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officer in a similar U.S. Supreme Court case involving a boundary dispute between Ohio and Kentucky and already had recommended in that case that the 1792 low-water mark be picked as the boundary. Because of that recommendation, Donald P. Bogard of the Indiana attorney general’s office and Kentucky Deputy Attorney General Robert Chenoweth said they expected the judge’s proposal in the IndianaKentucky case. Kentucky has argued in both cases that the boundary should be fixed at the low-water mark as it exists today, a move which

peals in Chicago ruled state authorities could not offer enough justification for interfering with what the Krishna society sees as its religious mission. The society practices “Sankirtan,” a ritual requiring devotees to go into public places to disseminate and sell religious literature and to solicit contributions.

Marble Hill were alleged in affidavits from former construction workers given Datillo. Construction in critical safety areas at Marble Hill has been halted while new management and safety insepction procedures are implemented. Datillo said he was promised by Rep. H. Joel Deckard, Rind., a member of the subcommittee, the lawyer would be called to testify but Datillo heard nothing.

35 percent for last year at this time. As of Friday, topsoil and subsoil moisture were rated as mostly adequate to surplus. Four days last week were suitable for fieldwork. Rainfall totals in southern Indiana averaged inches, Schaal said. And little field work is expected this week with rain and cooler temperatures forecast.

would give it jurisdiction over more of the river. The Supreme Court has the option of accepting or rejecting Van Pelt’s recommendations, and could order further hearings in the case. The eventual outcome of the case could affect two projects in Indiana, the Marble Hill nuclear power plant, being built along the Ohio River near Madison, about 30 miles upstream from Louisville, and the Clark Maritime Centre. The Indiana Port Commission has proposed to build the maritime centre along the Ohio River across from Louisville. Fixing the boundary at the

state

The controversy arose in the summer of 1977, when fair officials denied a Krishna society request to conduct roving solicitations on the fairgrounds during the fair. The society sued, and Steckler ruled in its favor. The appeals court agreed, discounting state officials’ arguments that wandering solicitation presents a safety haz-

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1792 low water mark would give Indiana jurisdiction over more of the river, and would make it unlikely that either project would be forced to seek clean water permits from Kentucky environmental officials. If the low water mark as it is today were selected as the boundary, waste water from both projects would be discharged into Kentucky water. Bogard, chief counsel for the Indiana Attorney General’s Office, said the U.S. Supreme Court, in several decisions in the past century, picked the 1792 low water mark as the boundary between the two states.

ard, interferes with other concessionaires and generates litter. In seeking Supreme Court review, Indiana Attorney General Theodore L. Sendak argued society members “have been afforded the same rights and privileges provided every other exhibitor on the fairgrounds.” “We are not unmindful, as anyone cannot be who has trav-

Bogard said Judge Van Pelt relied heavily on those cases in developing his recommendation to the high court. Chenoweth said in Frankfort, Ky., that he was also not surprised by the recommendation because of the previous recommendation in the Ohio case. “It would have been very much of a surprise to all of us involved if the report was different than the other one. It was not a shocking revelation. The critical point will be the arguments before the U.S. Supreme Court on the Ohio case one week from today,” he said Monday.

eled through a major airport facility in recent years, that the practitioners of Sankirtan have been regarded as annoying and often downright irritating by those they approach,” Judge Wilbur Pell Jr. wrote for the appeals court May 16. “It is not, however, the cases in which the auditor is in agreement with that which is being expressed which reach the courts under the rubric of the First Amendment. “Distaste for what is being expressed, and often absolute revulsion, appear to be the hallmarks of the exercise of First Amendment rights and probably are the necessary contexts in which the preservation of those rights can be firmly assured,” Pell said. In the fall of 1978, Steckler barred Indiana officials from interfering in any way. (