Banner Graphic, Volume 12, Number 266, Greencastle, Putnam County, 21 July 1982 — Page 4

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1 he Putnam County Banner-Graphic, July 21,1982

Cause of convention-goers' illness debated as FDA results awaited

'INDIANAPOLIS IAP) - Health officials searching for what made more than 100 con-vention-goers ill are awaiting results of tests by the Food and Ding Administration. *.Ted Alexander, administrator for the Marion Cbunty-Indianapolis Health piepartment’s division of food protection, said Tuesday results §re not expected until next Week to determine what caused

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1105 N. JACKSON, GREENCASTLE, IND.

nausea, headaches, dizziness and breathing problems for some of the people attending a Monday luncheon at the Sheraton West Hotel. Meanwhile, hotel General Manager Anton J. Peringer said he plans to hire a private laboratory to investigate because “it’s worth it to clear your good name." State and county health officials said the symptoms point

to a bacteriological or staphylococcal food poisoning. “I don't want to say it’s staph. I’m reasonably sure it’s a foodrelated problem’’ Alexander said. “The samples we took were in fact samples of the food the people consumed baked chicken, mashed potatoes, gravy, chocolate mousse. The green beans and tossed salad were not available.” Peringer said he doubted food

poisoning was involved because about 150 employees ate the same meal between 11:30 a.m. and 1:30 p.m. without illness. “The same food purchased at the same time from the same source prepared the same way was served at the same time to 150 of our employees without any ill effects whatsoever,” Peringer said. The conventioneers were sales representatives of Tri-

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Chem Liquid Embroidery Paints and their families from Ohio, Indiana and Illinois. Tri-Chem is a Harrison, N.J.-based manufacturer of paints used for decorating fabric. Those stricken were taken to five hospitals or treated at the hotel located at Indianapolis International Airport. All of the victims were released by Tuesday morning. Alexander said the

preliminary focus was on the food because symptoms resemble an illness associated with food and because paint samples weren’t available. “The fact people complained about the chicken tasting bad and having somewhat of a peculiar smell we’re focusing on that in particular,” he said. Jere Cox, governmental affairs manager of Tri-Chem, said, “I’m sure the tests will

Supreme Court tells why it didn't order lawyer off case

(AP) - A Scott County judge acted properly in appointing a lawyer fired by one group of plaintiffs in a class-action suit to represent another group, the Indiana Supreme Court says. Last October the high court declined to order Scott Circuit Judge James D. Kloepfer to rescind his appointment of Charles W. Hoodenpyl of Jeffersonville as counsel for out-of-state residents challenging Indiana’s occupational income tax. In an opinion issued Tuesday almost nine months later the justices explained the ruling. Several Kentucky residents hired John K. Gordonier of Louisville to challenge the tax on grounds it was unconstitutional. Gordonier hired Hoodenpyl as his local counsel. In June 1980, the Supreme Court ruled the tax on out-of-state residents who worked in Indiana was unconstitutional. Further proceedings were ordered to refund the illegal taxes. In February 1981, Gordonier fired Hoodenpyl as local counsel. Six months later, Judge Kloepfer appointed Hoodenpyl to represent the absent class members and to serve as lead counsel on the case. Gordonier’s clients argued the judge shouldn’t have appointed Hoodenpyl to represent absent class members since they had fired him because of differences over how the case should be handled. A three-judge majority of the Supreme Court said the judge was acting within his power when he appointed Hoodenpyl. Justice Donald H. Hunter, writing for the court, said Hoodenpyl’s appointment “has not disrupted the progress of litigation and has not deprived the nine named plaintiffs of their chosen counsel. In fact, the representation of the entire class appears to have been substantially facilitated.” Justices Roger O. Deßruler and Dixon W.

Vincennes police chief, mayor cited VINCENNES, Ind. (AP) - The mayor and police chief of Vincennes are free on SI,OOO bonds after being arrested on gambling and perjury charges, authorities said. Mayor William Rose and Chief Robert Goldman were among four people indicted Tuesday by a Knox County grand jury investigating alleged gambling activity in this southwest Indiana city. Rose was indicted on two counts of promoting professional gambling, seven counts of perjury and one count of conspiracy. Goldman was indicted on two counts of promoting professional gambling and five counts of perjury. Knox County Prosecutor Dale Webster convened the grand jury June 1 to investigate allegations of local gambling, bribery and official misconduct involving local elected officials. On May 14 police conducted a gambling raid that resulted in 48 felony arrests. Webster said the investigation began when several local policemen claimed their superiors prevented them from making gambling arrests. “The gambling that goes on here is not some harmless little pastime for the amusement of (he participants,” Webster said when the investigation began. “1 don’t think there’s any question it’s big business here,” he said, adding that more than $2 million is wagered each year in the city’s taverns and social clubs.

show it was something in the food. We’ve been running these kind of conventions for over 20 years and have anywhere from 3,000 to 6,000 people and have never experienced anything like this. The products just aren’t a problem.” Peringer said the conventioneers were predominantly middle-aged, in close quarters and under a lot of emotional stress in “an action-

state

Prentice agreed with Hunter. But Chief Justice Richard M. Givan and Justice Alfred J. Pivarnik accused the majority of oversimplifying the facts. “The pleadings were clear and the conflict obvious that the continued appearance of Hoodenpyl created problems in the prosecution and management of this case and raised doubts about the professional responsibility of both Hoodenpyl and the judge,” Pivarnik wrote. “The record clearly indicates the trial judge admitted to Gordonier that such intense conflict had developed in this case the parties could not proceed with Hoodenpyl involved,” he added. “The trial judge was therefore dutybound to remove Hoodenpyl.” In another 3-2 ruling Tuesday, the high court upheld the 1978 murder conviction of a Muncie man serving 30 years in prison for shooting a cab driver. Robert L. Robinson was charged with slaying cabbie Robert L. Swearingin Nov. 24, 1977. He pleaded guilty July 25,1978. On appeal, Robinson argued that his guilty plea should be set aside because Delaware Circuit Judge Alva Cox didn’t explain elements of the crime of murder. If the judge had, Robinson said, he would have understood that intoxication was a defense to the charge. “The record clearly shows the court thoroughly questioned the defendant and his attorney to determine that he fully understood the charges against him, his constitutional rights and provisions of the plea agreement he entered into,” Pivarnik wrote for the court. “It appears he was aware of the defense of intoxication but determined it would be unsuccessful.” “In fact, the record unequivocally reveals that the question whether the defendant understood the nature of the charge against him was never touched upon in the guilty plea hearing,” Hunter wrote.

Old Hoosier strip mines becoming wildlife refuges OAKLAND CITY, Ind. (AP) Looking out over land that once bore the scars of strip mining, Don Mann speaks with almost parental pride about the scrub brush and small pines. Since 1974, Mann has overseen the planting of 200.000 trees and the stocking of 250,000 game fish in ponds that once were deep cuts in the earth that yielded coal. Since 1974, Mann has headed the reclamation division for Old Ben Coal Co., which has one of the better reputations in the industry for reclaiming strip-mined land. For 10 years before that, he was on the other side of the regulatory fence working for the old state Department of Fish and Game. A wildlife biologist by vocation, Mann is an outdoorsman by avocation. One day, he fears the now-barren areas recently stripped will be the only remaining refuge for animals many Hoosiers now take for granted. “When Indiana is elbow to elbow in people, the spoil banks and old strip pits will hold the last populations of Indiana wildlife —coyotes, wild turkeys, deer,” Mann said. Mann’s interest in the outdoors was fostered as a child in Arkansas. He nurtured it at Arkansas Technical University and put it to work with the old state agency, which is now the Department of Natural Resources. While working for the state, Mann recalls being “underpaid and overworked.” Conditions have not changed for his successors, he emphasized. “Those people are dedicated,” he said. “What they do. they do out of love. They are not mercenary in any way. They wouldn't take the job if they were trying to get rich." Once Old Ben’s only reclamation specialist, Mann nowheads a 10-man department. While he once spent most of his time in the field, the Pike County resident now spends most of it at a desk. “The past eight years, the whole process of reclaiming strip mined land has gotten more and more complicated," he said, pointing to a 56-page application for a mining permit. "The permit we’ll get if this is approved used to be delivered in an envelope Now is almost takes a pickup truck.” These days, Mann can look over areas which he once worked on with the state. The scrub brush and pines are beginning to give way to older, more permanent vegetation. The long process does not discourage him “Mother Nature can't be hurried," he said. "Plant succession takes time.”

packed atmosphere.” When some complained Of illness, others followed suit, he said. “I saw ladies walking up and down the corridor perfectly fine until somebody would walk up to them. It was a very contagious effect psychologically.” Alexander said, “We’v6* looked over the kitchen, and we didn’t see any significant sanitation problem.”