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Southern Illinoisan (Newspaper) - March 29, 1974, Carbondale, Illinois PUBLICATION OFFICE Murphysboro Htrrin 710 N Illinois 1113 Walnut 212 N 16th 82No 751 Oc a Copy to fnii Hirrin Dilly Jwirnil FRIDAY MARCH 29 W4 0 BOX 789 ILL 62625 u Court says EPA can levy Springfield CAP The Illinois Supreme Court reversed a lower court today and ruled that the state En vironmental Protection Agency has the authority to impose fines The pity of Waukegan and two local firms fined by the EPA had contended only the courts had the authority to levy fines and impose penalties An appellate court agreed and held that the Illinois Environ mental Protection Act had given unconstitutional power to the state Pollution Control Board and the EPA But the Suprerme Court said There are adequate standards provided and safeguards im posedon the power given the board to impose these penalties The granting of this authority does not constitute an uncon stitutional delegation of judicial power Under the Environmental Protection Act the EPA and the PCB can impose a penalty of up to for any violation of act or any board regulation or order The lawalso provides for additional fines of up to a day for continuing violations The city of Waukegan was fined and two refuse dis posal firms TK Disposal Inc and Tewes Co Inc were each fined on a charge of oper ating a refuse disposal site without an EPA permit The Supreme Court in an opinion written by Justic Dan iel P Ward said the major question at issue was whether the Environmental Protection Act violated the separationof powers provision of the Illinois and U S constitutions by giving judicial powers to the PCB The court said the question had been considered earlier in three other Illinois appellate courts two of which ruled the act unconstitutional and one of which said itwas valid But Ward said The Supreme Court of the United States has never considered thatthe powers in government are held in rigidly separated com The opinion said it has been recognized that sepa ration of powers does not forbid every exercise of functions by one branch of government which normally is exercised by an other branch Nor has the court expressed alarm or undue concern about conferring a power to impose monetary penalties on an ad ministrative body the opinion said Thus it said We consider that it was appropriate to give the board the authority to im pose monetary penalties N The White House announced today it will provide Watergate special prosecutor Leon Jaworski with material he had sought by subpoena Press Secretary Ronald L Ziegler passed this word to newsmen without elaboration Neither the White House spokesmen nor Jaworski have said what was sought by the Bpecial prosecutor Earlier White House lawyer James D St Clair and members of the special prosecutors staff agreed to meet this afternoon as the deadline approached on the prosecutors latest demand for presidential files St Clair and members of Ja Jaworski to he given subpoenaed material worskis staff have negotiated daily since Monday when the White House asked for a four day extension of the deadline to respond to the subpoena All that is known about the subpoena is that it does not ask for evidence on the Watergate breakin and coverup or the 1971 White House plumbers had Simon refected gift fury reportedly finds operation that resulted in the breakin at theoffice of Daniel Ellsbergs psychiatrist In dictments have been returned in those two matters It is likely the documents sought by the grand jury through Jaworski bear on the handling of campaign funds On another subject White House spokesman Gerald L Warren said Thursday it was a matter of court record that tapes do not exist of conversa tions sought by the House Ju diciary Committee which oc curred after a recorder ran out of tape Chicago AP A federal grand jury has learned that a con tribution was rejected by the manager of Paul Simons 1972 gubernatorial campaign because a string was attached the Chi cago SunTimes says The offer from a man with close ties to the road building industry was immediately re jected campaign manager Wil Colson also testified thatSi mon was informed of the offer and immediately made it public the paper said The SunTimes indicated Si mon now a candidate for con gress from the 24th District of Southern Illinois confirmed Colsons statement and said it 1 Warren was referring to a hearing last November before U S District Judge John J Sirica on a series of tapes which had been subpoenaed by the special prosecutors office The White House sought to show through a number of wit i nesses that there was so much presidential business on April 15 1973 a Sunday that a six inch reel of tape was filled by 2 pm while Nixon was talking with then Atty Gen Richard G Kleindienst The reels normally were not changed on weekends testimony showed Warren did not make any estimate of how many con versations might not have been taped as a result of the machine running out of tape but an analysis of the court documents indicated that perhaps five con versations were not taped In other Watergaterelated developments says admitted lying Republican Xeader John J Rhodes of Arizona said he expects the White House and the Judiciary Committee to reach an agreement that will give the committees impeach ment inquiry the pertinent por tions of 42 presidential con versations Ziegler said Wed nesdaythat the President would not decide how to respond to the request for the 42 conversations until the committee had evalu ated the material it already has and then made more specific and detailed references to the need for any additional mater ial Sen Howard Baker RTenn said President Nb shouldnt resign but Congress should pro ceed with impeachmentpro ceedings Baker said resignation would move the nation closer to a parliamentary system in t a presidents unpopularity qoroener bring down the govern A fifth generation of gar I dont think the founding deners is on the way up for fathers intended for us to have the Ihlefamily of Murphys government by Gallup he told boro Herman Ihle shows his Timo thy How tovJrahsplant which would ment University of Florida audience Thursday night tomato plants Hermans grandfather the late John Ihle started the family busi ness in the 1860s after he left Germany TJKT senior Ihle had been a gardener for Ger man Kaiser Wilhelm fa mily operates Ihle Florist 2142 Logan St theres on spring gardeningm a spe cial edition today pages 1724 Photo by Jack New York AP G Bradford Cook former SrJTthP chairman of the Securities and would be difficult to pinpoint the Exchange commission says offer as a bribe attempt because it was worded so subtly Daniel Walker defeated Simon Exchange Commission says Maurice H Stans admitted to him that he lied to a grand jury liam P Colson told the jury the Daniel Walker defeated Simon j favestigating a secret paper said in its Friday edij in the Democratic primary contribution to president Nix 55 clprHnn and went on to defeat i tions Jns election and went on to defeat The paper said Colson told the incumbent Republican Richard grand jury that the wouldbe I B Ogilvie The grand jury was donor wanted to be able to name empaneled two months ago to the state transportation director who is in a position to play a key awarding road con told him Theres no sense In getting everybody embarrass role in tracts study alleged political corrupj tion in connection with the awarding of highway con tracts ons 1972 reelection paign Moreover Cook Ihim ed The tall bald Cook was scheduled to return to the wit ness stand today to undergo crossexamination by Stans camchief defense attorney Walter i Bonner The testimony of the Fruit growers seeking help By Wanda Barras Of The Southern Kinoisan Efforts to get a disaster area designation for Southern Illinois fruit growing areas in creased today as an official JlUluiei juc ucoLmivnj former SEC chieftain was the of the Illinois Fruit Growers Vogtpleads innocent Springfield AP MUo H Vogt of Petersburg has pleaded innocent to charges of conspiracy mail fraud and obstruction of justice in connec tion with submitting rigged bids for workon the State Capi tol Vogt 46 secretary of the Petersburg Plumbing and Heating Co was arraigned Thursday in U S District Court He pleaded innocent to each of the 21 counts contained in two grand jury indictments The indictments alleged that Vogt conspired with Ralph jury to cover up the contribution from financier Robert L Vesco But in a third appearance Cook said he decided to tell it like it was A jury trying exCommerce Secretary Stans and former At ty Gen John N Mitchell on criminal conspiracy charges heard Cook testify Thursday that his decision to lie came during a White House meeting alone with Stans twice yet against Stans in Vancil a Cairo contractor to The witness said the defendant the sixweekold trial and Bon ner will be striving to demolish or dilute it Mitchell and Stans are accus ed of impeding a massive SEC fraud investigation of Vescos financial empire in return for the campaign contribu tions They are charged with conspiracy obstructing justice and perjury It was to the perjury counts against Stans that the govern ment directed its questioning of go much higher Exchange estimated more than million in Illinois fruit crop damagein the last three years The estimate was made by Barney Fozzard general man ager of the Illinois Fruit Gro wers Exchange near Cobden as damage surveys by the Farmers Home Administra tion FHA began throughout the state Fozzard said the figure is very conservative and may Disaster area designation would make loans available bribe former Secretary of State Paul Powell and submit rigged bids that would result in huge profits for their firms Vancil arraigned Wednesday also pleaded innocent Cook Thursday Boyle jury selected Media Pa AP A jury of nine men and three women was completed today to try former United Mine Workers president W A Tony Boyle for the Yablonski murders The jury and two alternates will be sequestered during the trial of the 72yearold Boyle Testimony begins Monday and is expected to take almost three weeks Selection of the 14 jurors took five days in the Delaware County courtroom of Common Pleas Court Judge Francis J i Catania Defense and prosecu tion attorneys interrogated 158 persons in picking the jury which will consider the 1969 murders of Joseph A Yablonski his wife and daughter Chance of showers and thun storms tonight turning cooler Saturday partly sunny and cooler high in lower to mid dle 60s INDEX Classified M3 Religion S Comics TV Bridge Crossword 27 Editorials 4 Family living t Records 13 Sports 15lt Weather details map 13 The surveys are the first stop in an effort to get fruit growing areas in Illinois de clared disaster areas State Rep Clyde Choate DAnria called on Gov Dan iel Walker today to speed up the survey process for the fruit growers Mark Clark Walkers press aide said Robert Williams director of the department of agriculture has urged fruit growers who have losses to inform the FHA offices in their counties to speed up the survey process Once FHA county supervi sors have surveyed da mages in their counties and submitted figures to the FHA director the governor can ask thepresident to designate the hard hit fruit loss areas as disaster areas making them eligiblefor a 5 per cent interest loans Clark said In addition Choate urged Il linois fruit growers to join hands and petition theFed eral Crop Insurance Corp for crop Based on Fozzards esti mates Jackson and Union counties suffered about a million loss past three years Fozzards estimate is based on a production of 2 million bushels of apples and 500000 bushels of peaches a year in Illinois and a price of a bushel He said the produc tion and price figures are con servative figures Fozzard said Illinois suffer ed total peach crop losses in 1973 and this year and 50 per cent of the crop in 1972 He said the fruitgrowers lost 50 per cent of the apple crop in 1973 and at least 50 per cent this year Some fruit growers in Union and Jackson counties think the damage to the apple crop may reach 75 to 80 per cent this year 1 The Illinois Dept of Agri culture has released figures on production aiSd prices that indicate the fruit crop loss could go much higher than Fozzards figure The department says fruit growers produced 110 million pounds of apples and about 26 million pounds of peaches in 1969 That year was consi dered a more normal fruit production year than recent ones Apples sold for 101 cents per pound last year and peaches for 127 cents Agriculture officials say the price wont drop below the 1973 prices and probably will be higher Based on the departments figures the fruit loss during the past three years could reach nearly million and Union and Jackson Counties losses during those three years nearly million Henry Hahn supervisor of the Union and Johnson Coun ty FHA office said the survey in Jackson County will be delayed until Monday when a new supervisor takes office In his letter to the gover nor Choate said the fruit crop in Jackson and Union makes up 12 per cent of the agricul tural1 production of the two counties Oil officials deny shortage was planned New bill would cut gasoline cost Washington AP Congress has begun work on a new energy bill that sponsors say should result in lower prices for gasoline The bill introduced Thurs day by Sen Henry M Jackson and Rep Harley 0 Staggers j the energyemergency measure vetoed by President Nixon on March 6 Jacksons Senate Interior Committee will begin final work on the bill next week bypassing the usual public hearings Jackson of Washington State and Staggers the West Virgi nian who heads the House Com merce Committee said the new bill was offered because itwas impossible to compromise dif ferences with the Nixon admin istration over the vetoed meas ure The key element in the new bill would limit the ability of the large multinational oil com panies to pass on to consumers the higher costs of imported oil Washington AP Oil company spokesmen have told a Senate committee that the current oil shortage was not planned Executives of Exxon Corp and Standard Oij Co of Cali fornia said their companies spent billions during the 1960s exploring for more oil despite the developed capacity throughout the noncommunist world to produce more oil than was needed The testimony was given to the Senate Foreign Relations subcommittee on multinational corporations Thursday at the end of two days of hearing on partnership arrangements be tween major American oil com panies in Saudi Arabia and Iran George T Piercy Exxon vice president said his company spent billion in the United States and billion on over seas oil exploration during 1964 73 G L Parkhurst retired Mid dle East coordinator for Socal said that in addition to expan ding production in the Middle East Socal spent more than a billion dollars in the United States and conducted explora tion programs in 20 other coun tries during the 1960s Parkhurst defended the joint ownership of Arabian American Oil Company in Saudi Arabia by Exxon Socal Texaco and Mobil as the most dramatic overseas American enterprise has ever existed He said that to break up the fourcompany ownership to permit Aramco to sell oil to anybody as suggested by sub committee chairman Frank Church of Idaho would destroy a great American enter prise Hesaid the four companies independently compete with each other in selling Aramco oil in world markets and independ ently estimate their market needs as a basis for Aramco production expansion Socal he said has resold up to 22 per cent of its Aramco oil to as many as 45 independent companies During the hearing Sen Clif ford Case RN J was critical of the oil companies for not having disclosed previously the profits of Aramco He said it led to confusion The subcommittee pieced to gether previously undisclosed financial date from Aramco showing that its profits increas ed in proportion to the increase in royalty and tax payments to the Saudi Arabia government 350 per cent each since 1969 Howard Page retired Middle East coordinator for Exxon testified that major American oil companies joined in forming a consortium to develop oil resourcesin Iran in 1954 at the request of the U S govern ment He said Herbert Hoover Jr then undersecretary of state acted as emissary of President Eisenhower in asking the com panies a sagging economy iii Iran in the interest of national security The companies were told that the United States government thought that if Iran was not saved Russia was going to take over Page said In New Haven Conn former Undersecretary of State Eugene V Rostow supported the tes timony by the executives about American oil production in Iran Rostow said the State De partment tried to help prevent a breakdown in the negotiations which couldve been politically as well as economically dan gerous executives fully understood American foreign policy interests and cooperated to thebest of their abilities Rostow said
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