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   Altoona Mirror (Newspaper) - October 5, 2001, Altoona, Pennsylvania                                slugger ties home run mark Page S Michigan at Penn p.m., ABC Une: Michigan by 10 I Punter provides lone bright spot I Rudel: Recovery unlikely this year I Seanq: Holtz magic on display again JUtoona iJKrror Copyright 2001 FRIDAY, OCTOBER 5, 2001 newsstand Stay to keep car shop open denied By CRAIG WILLIAMS StaffWriter Norfolk Southern Corp. can close the Hollidaysburg Car' Shop because the Surface Transportation Board Thursday denied a stay request to keep the facility open until an appeal can be made. "It doesn't surprise Tom Lutton, president of the Transport Workers Union, the largest union in the car shop, said of the board's decision. Last week, Lutton said that if the Stay didn't go through, an appeal would be moot, as his workers will relocate to other Norfolk Southern facilities in other states by the time a federal court would hear the motion. So far, no court date has been set for the appeal, Late last week, the commonwealth of Pennsylvania and labor unions filed an appeal in federal court, asking for a review of last month's STB decision that gave the railroad the green light to close the shop. The STB was asked to keep the shop open until the federal court heard the case, but that request was turned down Thursday. While the board recognized that Norfolk Southern made commitments regarding the local shops during the merger process, none of the commitments indicated how long the railroad would keep the shop open in the event of an economic down- turn. Therefore, the STB ruled their previous decision should stand because a stay essentially would ask for a continuation of the debate. Please see A6 Attorneys say Jubelirer can have two roles BY ROBERT IGOE StaffWriter State Sen. Robert C. Jubelirer hopes legal advisers have put to rest the controversy surroundirig his dual role that begins today as lieutenant governor and Senate president pro tempore. Jubelirer, R-Blair, is assuming the -lieutenant governor post because Gov. Tom Ridge is resign- ing to head the homeland security office for the Bush administration. Lt. Gpy. Mark S.chweiker will be sworn in today as governor. Jubelirer has been under assault from the Commonwealth Caucus, which bills itself as "a noripartisan group of Pennsylvania House law- makers dedicated to upholding the' principles inherent in the state and federal constitutions." In a letter to Jubelirer, the group .urged him to resign his Senate seat, claimiiig the two positions are irv conflict because the lieu- tenant governor casts a vote to break a tie in the Senate, thus giv- ing him two votas. "Separation of powers is the :bedrock, which permeates the struc- ;ture of the United States and Penn- sylvania according to the letter. "It was designed by our founding fathers as a protection against abu- sive government, and it has proven its' worth for more than two cen- turies as a blueprint for striking the appropriate balance between the need to exercise power to pro- mote the public good against the need to protect the people against the dangei-s of unchecked power." Senate attorney Stephen C. MacNett and Juhelirer's legal coun- sel, J. Andrew Crompton, disagreed and eluded the caucus for taking the issue before the media without understanding the situation. "We would have gladly released the relevant research to you if It would have been a serious error if I was to take [the Caucus'] advice and leave the Senate. Senate President Pro Tempore Robert C. Jubelirer, R-Blair 55 they wrote. "Senator Jubelirer has always treated the United States Constit- ution and the Pennsylvania Con- stitution with the utmost respect. We believe that he would have no intention of acting in any matter that would conflict with the spirit or letter of these profoundly impor- tant documents." The lawyers said Article II, Section 6 of the state Constitution, which covers disqualifications of House or Senate members to hold other elected offices, deals with those who are appointed to other offices not those who take an office because of a succession of vacancies. Please see A5 TUNNELFEST2001 photo by Gary M. Baranec Train buff Phillip Faudi volunteers at the railroad car near the GaUitzin Tunnels a couple of days each week. Tunnel Historic district being built around Gallitzin rail tubes vson BY LINDA HUDIUNS For the Mirror scanner squawks briefly, followed by a slight rum- ble, which draws Phillip Faudi to the circular window of the 1942 Pennsylvania Railroad caboose. Looking down from an observation area, he watches the face of the Allegheny Tunnel, waiting for train cars to emerge just as they have for 147 years. "I find trains inspiring, thoroughly he says. Just ask a question about any aspect of railroading PRR, Penn Central, Conrail or Norfolk Southern. Trains, tracks, tunnels or engineering and he's likely to be quick with the answer. Faudi is among the volunteers who serve as docents at Gallitzin Tunnels Park, where "Turihelfest will be Please see A12 Bankruptcy judge refuses to overturn Panda's order BY PHIL RAY StaffWriter A federal bankruptcy judge will not overturn a con- sent order that closed Panda's Bar in downtown Altopna in May. In a ruling issued Tuesday, Judge Bernard Markovitz stated that while bankruptcy proceedings normally stay actions against a business, government regulatory agencies have a right to exercise police powers. The Blair County District Attorney's Office and the state police Bureau of Liquor Control Enforcement asked Blair Judge Jolene G. Kopriva to close Panda's at 1211 llth St. because of the number of fights and shootings there during a two-year period. After a daylong hearing on con- tentions the bar was a nuisance, attorneys for both sides agreed to place the bar's liquor license in escrow and ban the sale of the license for use within a mile radius. Please see A6 Government: Energy prices should be lower this winter BY H. JOSEF HEBERY The Associa ted Press WASHINGTON Most Amer- icans hard hit by the economy's downturn have one less thing to worry about: energy prices. With plenty of supplies and weak demand, the government predicted Thursday that the cost of gasoline, heating fuel and elec- tricity should be lower than last winter. Bush proposes grants to help laid-off workers PAOE A10 That's in sharp contrast to a year ago, when short supplies and spikes in demand saw prices soar. The Energy Information Ad- ministration's winter fuels report said prices have been declining and should continue to do so because of solid inventories and sagging energy demand triggered by the poor economy. The most striking turnaround is seen in natural gas prices, expected to average about a third of what they were last-winter on the wholesale market. Gas is used to heat more than 56 million homes, especially in the Midwest. A typical household using natur- al gas is expected to spend about a third less th is winter for heating, a Please see A9 Subscription or home delivery questions: 946-7480 or (800) 287-4480 Lottery numbers, A2 Partly sunny, Forecast, A2 (V; 2002 PROWLER "The Ultimate Toy" In Stock Now! Chrysler Plymouth Pleasant Valley Bhrd. AKooM, PA Business Hospitals A9 Obituaries Opinion A11 A8 High schools Scoreboard B4 B5 i Community news D2 Puzzles O4 j Television D4 4   

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