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Altoona Mirror (Newspaper) - October 5, 2001, Altoona, Pennsylvania r Giant slugger ties home run mark page Bl Michigan at Penn State, 3:30 p.m., ABC Line: Michigan by 10 Altona mirror © Copyright 2001 FRIDAY, OCTOBER 5, 2001 50C newsstand Stay to keep car shop open denied By Craig Williams Staff Writer 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 me,” 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 downturn. Therefore, the STB ruled their previous decision should stand because a stay essentially would ask for a continuation of the debate. Please see Stay /Page AB Attorneys say Jubelirer can have two roles TUNNELFEST 2001 By Robert I(K>e Staff Writer State Sen. Robert C. Jubelirer hopes legal advisers have put to rest the controversy surrounding 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 resigning to head the homeland security office for the Bush administration. Lt. Gov. Mark Schweiker will be sworn in today as governor. Jubelirer has been under assault from the Commonwealth Caucus, which bills itself as “a nonpartisan group of Pennsylvania House lawmakers 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, claiming the two positions are in conflict because the lieutenant governor casts a vote to break a tie in the Senate, thus giving him two votes. “Separation of powers is the bedrock, which permeates the structure of the United States and Pennsylvania constitutions,” according to the letter. “It was designed by our founding fathers as a protection against abusive government, and it has proven its worth for more than two centuries as a blueprint for striking the appropriate balance between the need to exercise power to promote the public good against the need to protect the people against the dangers of unchecked power.” Senate attorney Stephen C. MacNett and Jubelirer’s legal counsel, J. Andrew Crompton, disagreed and chided 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 requested,” they wrote. “Senator Jubelirer has always treated the United States Constitution and the Pennsylvania Constitution 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 important 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 Roles/Page A5 V iff V SSK Mirror photo by Gary M Baranec Train buff Phillip Faudi volunteers at the railroad car near the Gallitzin Tunnels a couple of days each week. Tunnel vision Historic district being built around Gallitzin rail tubes By Linda Hudkins For the Mirror GALLITZIN — A scanner squawks briefly, followed by a slight rumble, 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 educational,” 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 “Tunnelfest 2001,” will be Please see Tunnel/Page A12 Bankruptcy judge refuses to overturn Panda’s order By Phil Ray Staff Writer A federal bankruptcy judge will not overturn a consent order that closed Panda’s Bar in downtown Altoona 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 lith St. because of the number of fights and shootings there during a two-year period. After a daylong hearing on contentions 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 Panda’s/Page A6 Government: Energy prices should be lower this winter By H. Josef Hebery The Associated Press WASHINGTON — Most Americans 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 electricity should be lower than last winter. ■ Bush proposes grants to help laid-off workers / Page Alo That’s in sharp contrast to a year ago, when short supplies and spikes in demand saw prices soar. The Energy Information Administration’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 natural gas is expected to spend about a third less this winter for heating, a Please see Energy/Page A9 | > DELIVERY I Subscription or home delivery questions: 946-7480 or (800) 287-4480 ■MB IMMii 22910 00050 BIG FOUR 2    7    5    8 I Lottery numbers, A2 WEATHER Partly sunny, 77° m Forecast, A2 & 2002 PROWLER "The Ultimate Toy' In Stock Mow! Chrysler - Plymouth - loop 1549 Pleasant Valley Blvd. Altoona, PA    943-6167 QLOCAL Business A9 HNATKO ^ H Classifieds CCM 2 Hospitals All Movies C4 Obituaries AU Opinion A8 LII LIFE Q SPORT* I Comics D5 Community news D2 High schools B4 Puzzles 04 Scoreboard B5 Television 04 ■ Punter provides lone bright spot ■ Rudel: Recovery unlikely this year ■ Beano: Holtz magic on display again ;

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