Lowell Sun (Newspaper) - August 12, 1976, Lowell, Massachusetts METRO edition Two THE Lowell Mass August 2 1976 40 4 Sections 15 Cents see Page 30 Index bridge Crossword 37 In The Sun 8 38 Weather Wholesale prices show small upturn WASHINGTON UPI Wholesale prices rose 0.3 per cent in July as inflation continued its mer pattern of moderate expansion the ment said today The small July advance in the Wholesale Price Index which translates into an annual inflation rate of 3.6 per cent followed similar WP1 increases 0.3 pr cent in May and 0.4 per cent in June The Labor Department said the considered hy many economists to he the ment's most effective tool for gauging now stands at 184.3 on its 1967 base of 100 Food prices fell 1 per cent in July the first such decline in four months Tsongas against U.S backing drug firms on flu vaccine FROM THE SUN'S BUREAU WASHINGTON Three Massachusetts Congressmen including Rep Paul E Tsongas this week voted against legislation providing federal in- surance to drug that manufacture swine flu vaccine Voting for the vaccine is one thing but voting to give the drug companies open ended liability is another Tsongas said of the issue Tsongas and Representatives Michael J rington and Robert F Drinan voted against the which passed the House 250 to 83 shortly before Congress adjourned for a ten day recess The federal government is now responsible for anything that happens This represents open ended taxpayer said the Lowell Representative Tsongas said he is not opposed to the swine flu immunization program itself He voted for the propriation to fund the immunization program earlier this year But he said this week's insurance legislation sets a dangerous precedent It's a drug company rip off Drug companies indicated iney nui produce the vaccine to battle a possible epidemic next winter unless federal government agreed to shoulder the legal liability In the event vaccine recipients react adversely the government may be sued rather than the drug manufactures The government can counter sue only if negligence is proven We got railroaded because of thing in Tsongas said referring to the mysterious outbreak of disease among American Legion convention goers The was railroaded through at the last second We didn't even have copies of the to look at President Ford lias made the swine flu im- program a major issue Congress kept stalling on appropriating funds and implementing the insurance program until the outbreak of flu like disease in Pennsylvania Proponents of the insurance program argued that there was not sufficient time to develop an alternative program since the drug manufacturers steadfastly refused to make the vaccine of federal insurance During the heated House debate on the measure Rep Frenzel a proponent said this makes me a little nervous I fear we may be making some mistakes that are not able to seen now he added we really have no choice The drug companies won't produce vaccine without some relief of their legal liabilities I can't blame them for their unwillingness to accept unlimited Therefore we have to pass this if we want an anil swine flu program If we had more time we might be able to devise another system under which we can administer the vaccine We do not have time senators STATE HOUSE Concluding a lengthy in- a federal grand jury this noon in- two Massachusetts State Senators on extortion charges U.S Attorney James Gabriel said that State Senator Ronald MacKenzie a Republican from Burlington and Senator Joseph DiCarlo indicted in connection with the extortion of from a New York construction management firm McKee Berger and MacKenzie said just before noon he first heard of the indictments from news reports and wasn't prepared to make any statement But he said he is innocent and added I'm obviously thankful we live in a country where you're innocent until proven guilty zie said fie has served his constituents well and now was hoping they'll respond when I'm in need DiCarlo said he would refrain from forming my duties as majority leader of the pending the outcome of the charges Both MacKenzie and Di Carlo are veterans Cherry sheet figures due for release STATE commonwealth's 5351 cities and towns should receive new cherry sheet reflecting legislature's million increase in slate aid to municipalities over Gov Michael Dukakis budget request The cherry sheets show the state aid given to local communities in the current fiscal year The cherry sheet otal should now allow local communities to set their property tax rates for the year For the city of Lowell alone state should increase by from increased approved hy the legislature last week But the total aid figure is still below what the city from the stale last year Administration Secretary John R Buckley said the revised figures were being prepared by the Department of Corporations and tion and should be in the mail today to local communities The plans to send out the revised cherry sheets were delayed for several weeks until the Senate acted on an attempt by the governor to reduce the general school aid paid to communities The governor reduced million in the million state budget to million The House overrode that veto several weeks ago but the Senate did not act until Tuesday The delays in sending out revised cherry sheels have brought complaints from local of- who said they could not set their lax rates until the final figures were in The officials also complained that the legislature had divert extra funds from the new numbers game away from the local communities The proceeds from the numbers game arc now for the state treasury though there are moves underway to restore the funds next year The additional funds heing returned to the cities and towns are in addition to the lion distributed earlier this year According to preliminary figures released by state officials Lowell area communities will receive the Acton Ayer Bedford 361 Billerica Boxboro Burlington Carlisle and Chelmsford Also Concord Dunstable Groton minus Lowell Littleton Shirley Tewksbury send Tyngsboro Westford and Wilmington of state house politics and leaders in their respective Di Carlo is the Democratic majority leader in the Senate and MacKenzie is assistant minority leader for the Republicans Rumors of the pending indictments have been circulating for about a year Reportedly the Massachusetts investigation was launched by Gabriel's staff as a result of another investigation in New York that led to indictments in that state MacKenzie has represented the Seventh Middlesex Senatorial District which includes towns of Bedford Burlington Chelmsford Carlisle Lexington Wilmington and Wards 3 4 5 G and 7 of Woburn for about 10 years Gabriel the said the money illegally was ob- in connection with a 1971 investigation by a special joint legislative commission The Commission was investigating a contract awarded to the firm by the state Bureau of Building Construction for construction of University of Massachusetts at Boston DiCarlo and MacKenzie face possible penalties of up to 20 years in jail for each of two counts of extortion and conspiracy five years in prison for conspiracy to violate the federal travel five years imprisonment for each of five counts charging violation of the travel act In addition they face face possible fines on each of eight counts of up to The commission DiCarlo chaired was pointed as a result of a legislation passed in March of 1971 Others serving on the commission were George V Robert L Cawley Ralph E Sirianni Paul C Menton J Laurence Golden J Hilary Rockett and James F Hart The report on the million contract with McKee Berger and Mansueto SEN MACKENZIE concluded there had been no DiCarlo 40 has been a state legislator lor il years and has moved upwards in the ranks since being elected to the in 1969 He became the assistant floor leader in 1971 In 1973 he was named whip a post he still holds Though he has been an active legislator DiCarlo a former teacher has not been regularly identified with major legislative proposals He did fight a major battle to win major changes in the state's urban renewal laws in 1975 The changes tailored however to suit SEN DiCARLO a million project in his hometown oB Revere A companion also was approved In 1975 providing for a massive land swap between the project sponsors and the Metropolitan District Commission MacKenzie 42 was elected to the Senate In 1967 He is considered one of the more liberal of the seven Republicans who hold Senate seats He voles with his Republican colleagues on budgetary issues but often allies himself with liberal Democrats on social issues He is a graduate of Dartmouth College and the Suffolk Law School Buckley entry clouds GOP race By WALTER R MEARS KANSAS CITY Mo Sen James L Buckley of New York is reserving the option of presidential candidacy leaving Republican National Convention strategists for President Ford and Ronald Reagan to argue over which side would suffer if he ran GOP platform draftsmen worked through a sweltering night into early morning hours day trying to fashion planks that both the Reagan and Ford camps could buy without a fight Reagan's manager said he wasn't ing for platform trouble but that he was ready for contests on the convention floor if sary The close race was reflected in a platform subcommittee vote on the Panama Canal sue By an 8 lo 8 tie vole a foreign policy panel rejected an attempt by Reagan backers to re- quire that the United States maintain sovereignty over the canal Instead by a 9 to 7 vole today it adopted language accepted by the Ford administration which said U.S negotiators should not give up any territory rights needed to protect U.S security The Reagan campaign also readied its forces for a Saturday drive to undo a rule binding delegates from 18 states to vote in accordance with the outcome of presidential primary elections And on a day Wednesday the Buckley maneuver turned up the political temperature A Ford lieutenant tried to talk Buckley into renouncing presidential candidacy Richard Rosenbaum the New York GOP chairman did so with a suggestion that Buckley might suffer political damage at home where he is running for re-election to the Senate John P Sears the Reagan manager said Foolish WASHINGTON President Ford's campaign manager said today Ronald Reagan's supporters would be foolish to push lor the proposed GOP presidential nomination of conservative Sen James Buckley Ford will win in Kansas City anyway he said There are people who are trying lo bring far right to the public said Rogers Morton And they're much more interested in doing that than they are in the pragmatic establishment of government hy winning an election that the challenger not tried to encourage or any potential rival entry into the race for nomination He disclaimed any in- volvement in the Buckley move Nonetheless it appeared to mesh with a Reagan convention strategy built around maneuvers designed to keep the Ford tion off balance Furthermore the fact that the move came from the Republican right from a senator originally elected as a Conservative patty led to speculation that Reagan forces were somehow involved Buckley said he had been urged to consider candidacy by Re- publicans aligned with both Reagan and Ford but he would not identify them I am not a stalking he told a New York news conference My only purpose would he to deadlock the convention on the first ballot and thus give all of delegates a chance to later vote the way they want to I am concerned because many feel they are locked in by the rules and must vote for one candidate even though they prefer the Buckley said That would fit neatly with Reagan effort to block the rule binding delegates from the primary states GM employe testifies he was paid to limit Butler warranty claims By NICK CARAGANIS Sun Sloff former General Motors vice development manager testified this morning that he was paid to limit the dollar Retired editor Charles Harrington dies D Harrington of 156 North Road retired editor of The Sunday Sun died unexpectedly yesterday at St Joseph's Hospital Harrington's career at The Sun spanned 51 years He began as a reporter in 1923 In the late he was appointed the first county editor in the newspaper's history He con- as county editor until 1949 when the Lowell Sunday Sun was founded by the late publisher Thomas F Costello With the creation of that Sunday newspaper Harrington was named Sunday editor a capacity in which he served until his ment in December of 1974 Born in Dracut the son of he late Denn is and of the late Catherine Duran rington he was a communicant of St Mary's Church in Chelmsford He attended Lowell schools and graduated from Lowell High School with the class of 1917 He was a prominent community leader in his adopted town Chelmsford as well as a nent newspaperman His early years at the newspaper were spent covering city hall but when a bad accident or fire broke out tie was on the scene for that as well When photography became more practical than wood block prints as a means of il- lustrating news stories Harrington learned how to employ a camera and became the equal of any professional in town He was one at Lowell's earliest photojournalism As county editor Harrington not only wrote a great deal of what appeared in that edition each day but he also went out into the field and illustrated his stories as well During this period Harrington made legions of friends and news contacts The Sun's circulation area As town dents were added he eventually had a photographer assigned lo his department and increasingly concentrated his attention on editing assigning stories and pictures and in CHARLES D HARRINGTON the layout of each day's suburbs and county pages The appointment as Sunday editor gave him the technical responsibility of editing and producing that specific edition but he never lost his sense of the action going on around him on the daily paper Seldom did a police radio call come into the office or a fire alarm sound that Harrington didn't double check to be certain the call had been heard by the city desk or whatever reporter was sible for coverage of fires and other cies hat particular day Continued on page 30 amount of warranty claims at Butler Chevrolet in 1968 Raymond presently assigned to the Owner Relations Office of GM in Detroit said that while assigned to the Butler Chevrolet dealership he was told by Karl baum lo limit the audit of warranty claims to and that he would be compensated by Gordon Butler He that Bierbaum one of four men on trial here for conspiracy to defraud General Motors said that told him he would be paid before the after the audit of the claims for which the Butler dealership had been compensated for by GM Bierbaum in 1969 was the Boston Zone vice manager for GM and held that position until 1973 when he left and bought an automobile dealership in Lenox Pasternack told the jury that he was told by Bierbaum that he was being assigned to Butler Chevrolet so that he could form a service development program UNDER QUESTIONING ty Assistant District Attorney Daniel O'Connell he said that he received payment of lo in cash by Bierbaum on Aug 27 1969 the first day he reported to the dealership to begin his audit of claims O'Connell asked Pasternack if he had con- versation with Butler and the witness answered in affirmative Pasternack said that Butler told him not to mention our agreement to anybody else Asked When doing audit did you notice any thing about warranty claims you were reviewing about their Said payroll records were not consistent with the claims Asked if he had any other conversation with Bierbaum said that he did and told the court that Bierbaum told him I were given any gifts to accept them testimony this morning came after a motion at the start of the proceedings by Attorney James St Clair counsel for Butler to exclude Pasternack from taking the sland St Clair argued timeliness and said that the evidence which the government was to bring out involved a period in 1969 when Butler had turned over the management of the dealership to Theodore Kemos the former sales manager at the dealership and a defendant here In terms of personnel it's a different con- argued St Clair he added if you were to try Butler at some point in the future in conspiring lo limit the debit of you would be placing him in double jeopardy because that evidence would have been brought out here In his argument said that St Clair was usurping a jury's function and suming what evidence the government will in- The evidence will also show knowledge of said O'Connell and that objective he told Judge Henry Chmielinski was money After a half hour deliberation Chmielinski denied the motion and allowed the Com- to put Pasternack on the stand St Clair asked for a continuing objection and ex- ception 10 testimony of each and every tion posed to Pasternack The conspiracy trial trod a thin yesterday afternoon when the prosecution made an attempt to enter the name of Francis Frank Smith into the proceedings during redirect examination by Smith a GM official was slain on Jan 31 1974 and his body found in the Danvers River in Beverly Edgerly 47 of Lowell has been in- in connection with the Smith death ANY ALLUSIONS TO the murder charge or other crimes were quickly squelched by Judge Henry Chmielinski who didn't want a repeat of what occured in March in Lowell Superior Court during the larceny trial involving Jy In that trial the defense attorney ly put the date of arrest that had stemmed from an Essex County into the proceedings which opened the door for the prosecution to pursue that matter Once again Judge Chmielinski who also sat at that trial interceded Asst DA O'Connell GM regional manager Lewis McDonald as to what precipitated an investigation in February 1974 of the former Butler dealership by a team from GM of which McDonald was a member This question drew sharp objection from Ally Andrew counsel for Edgerly who indicated that the DA was ing a new area never touched on before Judge Chmielinski ordered a bench con- ference and then excluded the question DA O'Connell then asked McDonald if GM Area Service Manager Dave Sandier was at the dealership after January which im- mediately drew an objection from Zaroulis and prompted Judge Chmielinski to exclude any questions pertaining to Francis Smith and other crimes
