Banner Graphic, Volume 20, Number 261, Greencastle, Putnam County, 11 July 1990 — Page 2

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THE BANNERGRAPHIC July 11,1990

Supreme Court Justice says he won’t seek another term on bench

INDIANAPOLIS (AP) Supreme Court Justice Alfred J. Pivamik, who triggered a controversy on the high court two years ago, will retire rather than seek another term. Pivamik, whose allegations against Chief Justice Randall T. Shepard shock the court in 1988, cited his age and a recent illness in announcing his decision Tuesday to step down after Gov. Evan Bayh appoints a new justice to the fivemember court. A MEMBER OF THE court since 1977, Pivamik, 65, would have had to stand for a retention vote in November if he wanted to seek another 10-year term. However, he said he decided to retire because he has not been able to devote full-time to the court since he was diagnosed with a rare form of cancer. “I really don’t feel it’s fair to subject the court to someone who’s not full-time,” Pivamik said in an interview. PIVARNIK SAID he has missed about 12 weeks of work so far this year while undergoing treatment for a slowly developing form of cancer. He said his doctors believe the illness may have started in his intestines but became detectable only when it appeared in his liver.

G-7 farm subsidies to

HOUSTON (AP) The world’s seven richest democracies wrapped up their annual summit today, capping three days of negotiations with a last-minute deal to resolve a nasty dispute over farm subsidies, officials said. The negotiators reached a subsidies compromise early today, and the heads of government were to review the accord at their final session later this morning on the cam-

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JUSTICE PIVARNIK Not a full-time member

He said the disease isn’t terminal, but he expects to have to undergo periodic treatment and tests in the future. Pivamik said his decision to retire “has absolutely nothing to do with” the controversy that followed his allegations in 1988 that Shepard abused drugs and alcohol and judicial nominating officials conducted an incomplete investigation of Shepard before he was appointed to the court in 1985. SHEPARD VEHEMENTLY

pus of Rice University. THE AGREEMENT called for across-the-board cuts in all categories of farm subsidies, as demanded by the United States, but also contained less specific language more acceptable to the Europeans, sources close to the negotiations said. One source, who spoke only on condition that he not be identified, said the agreement urged each nation “to make substantial, progressive reductions” in farm subsidies “measured by an agreed method.” The farm dispute had threatened to disrupt the annual gathering. BRITISH FOREIGN Secretary Douglas Hurd acknowledged the negotiations had been marked by some harsh exchanges. “But it will be a more successful summit than if everybody had come here determined to sing from the beginning a unified hymn of praise,” he said. In a self-congratulatory final communique to be read by President Bush at the close of the talks, the world leaders patted themselves on the back for a global economy that was still chugging along, although at a decidedly slow pace. The communique also agreed to a pilot-study to help save the Amazon rain forests, but in a victory for the administration, the summit countries did not press for

denied the allegations, and thenGov. Robert D. Orr said the allegations of a cover-up in the investigation “are simply not true.” Onsaid Pivamik’s charges, aired shortly before Shepard was up for a retention vote, were “clearly an act of vengeance, resulting from his bitterness over being rejected” for chief justice. The Judicial Nominating Commission chose Shepard over Pivarnik for the chief justice’s job in 1987. The Indiana State Bar Association asked judicial disciplinary officials to consider whether Pivarnik engaged in misconduct by making the allegations. Disciplinary officials announced the matter had been closed, and no action was taken against Pivamik. ON TUESDAY, Shepard said he wouldn’t comment on the 1988 episode. “I don’t have any reflection on that aspect of his retirement,” the chief justice said. Asked about Pivamik’s contributions to the court, Shepard said, “This has been a very productive time in the history of the court, and he’s made substantial contributions.” PIVARNIK SAID HE would leave it to others to determine which of his decisions are the most

be cut under last-minute deal

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PRESIDENT BUSH Wins subsidies repeal specific reduction targets for the pollutants suspected of causing a global warming of the environment The final communique basically recycled many of the environmental pledges made by the same countries at last year’s summit session in Paris. BUT A PASSAGE ON Soviet aid was sure to cause reverberations because an aide to Mikhail Gorbachev, Georgy Shakhnazarov, had said in advance

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important. A judicial conservative known for handling many criminal appeals, Pivamik was perhaps bestknown in recent years for the 1989 decision he wrote removing the statute of limitations on filing product liability claims in cases involving asbestos-related illnesses. The judge’s departure will create the first opening on the court since 1986 and will give Bayh his first opportunity to name a justice to the high court. The appointment will mark the first time a Democratic governor has named a Supreme Court justice under the judicial nomination process adopted in 1970. DAVID F. HAMILTON, the governor’s counsel, said he expected the application and appointment process to last up to four months. If Bayh appoints a new justice before the November election, that person would serve until November 1992 and then stand for a retention vote for a 10-year term. If the appointment comes after the election, the new justice would serve until November 1994 before having to stand for election. Shepard said that about 40 applicants have applied for each of the last two openings on the court, and he expects “there will be at least that many” for the new opening.

that preconditions to Western aid were unacceptable. “We aren’t taking orders,” he asserted. A foreign-language draft statement read this way: “Prospects for fundamental and long-term economic aid could improve if the Soviet Union comes to a substantial change in resources from military to civilian production, and ends the support to those states which create regional conflict.” The last passage, a thinly disguised reference to Cuba. BUSH HAD A LOT riding on the outcome of the battle on farm subsidies. He said an agreement held the key to concluding an ambitious 96-nation effort to reform the global trading system. European nations were fighting Bush’s proposal to phase out $245 billion in farm subsidies over the next decade, contending that would eliminate the jobs of 3 million European farmers. In addition to the United States, the other countries participating in the three days of talks in Bush’s sweltering hometown were Japan, West Germany, Britain, France, Italy and Canada. BEFORE BUSH READ the final communique to close the 16th annual meeting, the leaders were holding one last session to see if they could agree on language draf-

Mandela is airlifted from Ethiopia with pneumonia

JOHANNESBURG, South Africa (AP) Black nationalist leader Nelson Mandela was diagnosed today as having a slight case of pneumonia and flown from Ethiopia to Kenya for treatment, according to a published report. The Star newspaper said the 71-year-old South African was diagnosed while attending the Organization of African Unity’s summit in Addis Ababa. THE NEWSPAPER, which has a correspondent with Mandela, quoted Mandela aides as saying the pneumonia was “slight” and there was no cause for alarm. The aides said he had been ordered to rest.

ted through the night on the farm question. The other big issue which occupied the leaders time during the first post-Cold War summit was how to respond to an appeal from Gorbachev for direct aid to bailout his floundering economy. On that issue, the leaders agreed to disagree. They rejected calls by West Germany, France and Italy to put together a sls billion aid plan, opting instead to order a six-month study under the direction of the International Monetary Fund to assess what aid would be of most use to the Soviet economy. THE FINAL COMMUNIQUE allowed individual countries to offer their own aid packages. West Germany has already announced a $3.1 billion assistance package, designed to reduce Soviet resistance to the unification of East and West Germany. WHILE THE ALLIES were willing to give Bush what he wanted in redesigning NATO’s military mandate, they were more contentious on the economic issues. The administration, which had voiced strong reservations to providing economic assistance not only to the Soviet Union but also to China, ended up agreeing with the other allies to remain silent while West Germany provides Moscow with money and Japan resumes a $5.2 billion lending program to China. EVEN IN AUTHORIZING the Soviet needs study, there was brief discord as the leaders debated which agency would lead the effort. France’s Francois Mitterrand argued that the IMF’s role could humiliate the Soviets by subjecting Moscow to the same financial scrutiny imposed on developing countries.

A. I. says thousands killed by government supression

LONDON (AP) Thousands of people were imprisoned, tortured and killed last year by governments seeking to suppress conflicts arising from ethnic tensions or nationalist yearnings, Amnesty International said today. The human rights group also criticized the executions of 16 people in the United States in 1989, and U.S. court rulings that permit the death penalty for teen-agers or retarded people convicted of murder. THE NEARLY 300-page survey said ethnic and nationalist groups have been suppressed in Somalia, Ethiopia, Sudan, Sri Lanka, India,

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Mandela caught a cold in Ireland while on a recent tour of Europe and the United States and this developed into pneumonia, the report said. THERE HAS BEEN repeated concern about Mandela’s health since he was released from prison in February after 27 years in jail for fighting white minority rule. Mandela was hospitalized in June and had a benign cyst removed from his bladder. Doctors have expressed concern about his heart and he undergoes regular medical checks. He also suffered from tuberculosis in 1988.

Israeli raids complicate hostage plan DAMASCUS, Syria (AP) The Syrian foreign minister said today that Israeli air raids into Lebanon had complicated negotiations for the release of one of 16 Western hostages held in Lebanon by Shiite Moslem extremists. Farouk al-Sharaa was the first official to confirm a weekend report by the Iran’s official news agency that a hostage, most likely a European, might be freed soon. The foreign minister’s country is the main powerbroker in Lebanon. MOST OF THE six American and 10 European hostages are believed held by proIranian zealots operating under the umbrella of Hezbollah, or Party of God. Sharaa said the raids Sunday and Monday against Hezbollah bases in south Lebanon, which claimed at least 15 lives, had “undermined our efforts” to secure the release of a hostage. The Syrians were instrumental in the release of American hostages Robert Polhill on April 22 and Frank Reed April 30. Both were freed in Lebanon and immediately whisked to neighboring Syria for their freedom journey home. SYRIA MAINTAINS 40,000 troops in Lebanon under an Arab League peacekeeping mandate. They control Moslem regions as well as west Beirut. Syria, Iran and allied Palestinian and Lebanese factions contend that Western support of Israel encourages the Jewish state’s attacks against Arabs.

Burma, Indonesia, the Soviet Union, Yugoslavia, China, Chad, Mauritania, Israel, Iran, Iraq, Turkey, Bulgaria, Guatemala and Brazil. In Eastern Europe, it said, new governments have emptied their prisons of dissidents, but it said dissenters are still harshly treated in Albania, Bulgaria and Yugoslavia. On a positive note, Amnesty noted the release of political prisoners in Benin, Ethiopia, Somalia, South Africa and Namibia, and significant reductions in executions in South Africa and Nigeria.

Daily 3, Daily 4 INDIANAPOLIS (AP) Here are the winning numbers selected Tuesday in the Hoosier Lottery: Daily Three 9-0-1 Daily Four 7-7-9-2