The Indianapolis Star from Indianapolis, Indiana • Page 1

NMANAPOLIS STAR TODAY'S CHUCKLE Show me a man who is a good loser and I'll show you a man who's playing golf with his boss. "Where the Spirit of the Lord is, there is Liberty" II Cor. 3:17 VOLUME 76, No. 215 Copyright (c) 1979 The Indianapolis Star SATURDAY, JANUARY 6, 1979 -tr tr CARRIER OfUVTHEO Uc PfP. WK.

MOTOR DELIVERED 90c PER WK. Slntfa Coov 20c COURT STRIKES DOWN CONTROVERSIAL LAW WEATHER TODAY Cloudy, Cold High, 23; Low, 20 Yesterday High, 18; Low, 10 The Pari-mutuel Horse Betting Ruled Illegal In Indiana By NOEL RUBINTON And ROB SCHNEIDER The Indiana pari-mutuel betting law on horse racing was declared unconstitutional Friday. The Indiana Supreme Court in a 3-to-2 decision ruled pari-mutuel gambling constitutes a lottery and, therefore, is in violation of Article XV, Section 8, of the state Constitution adopted in 1851. The decision struck down the law passed on March 24, 1977, over the veto of Gov. Otis R.

Bowen. The legislature had passed similar laws legalizing pari-mutuel wagering at horse tracks to be regulated by an Indiana Racing Commission twice before, but Gov. Bowen's vetoes were sustained on those occasions. A CONSTITUTIONAL amendment, the court's majority opinion said, is the only legal way to allow gambling on horse racing. Even if racing backers pursue a constitutional amendment, pari-mutuel horse racing in the state has been set back at least three years.

An amendment must be approved by two sessions of the assembly with an intervening election, and then the measure must go on the next general election ballot. The earliest the amendment could go on the ballot would be November 1982. Court observers said there do not seem to be any possible grounds for an appeal to the U.S. Supreme Court. The principal defender of the law in the court case, Hoosier Horse Industries could petition the state court for re-hearing within 20 days, but the court-watchers said the strength of the majority opinion made it unlikely that the case would be reconsidered.

The majority opinion was written by Justice Dixon W. Prentice, who has reportedly held the decisive vote for several months. Chief Justice Richard M. Givan and Justice Alfred J. Pivarnik concurred with his opinion.

JUSTICES ROGER 0. DeBruler and Donald H. Hunter wrote separate dissenting opinions, arguing that the law should be approved. The high court decision upheld last fall's ruling by Johnson Circuit Robert W. Young that the law was unconstitutional.

Young had also held that pari-mutuel betting represents a lottery. Backers of pari-mutuel were quick to express disappointment with the high court opinion, but none disclosed future plans. Ralph L. Wilfong, a Carmel land developer and president of the Hoosier Horse Industries called the decision "unreal" and said that the "great" horse racing industry has been set back "years and years." Citing more than a dozen judicial rulings in other states that pari-mutuel betting does not constitute a lottery, Rep. Craig B.

Campbell (D-Anderson) said, "It makes the decision look absurd." Campbell, a sponsor of the 1977 law in DEMANDS V.N. ACT ON INVASION OF CAMBODIA omes China 'HI I 2 I 1 New A3 ml A 4 the Indiana House and vocal supporter of it ever since, said he would not sponsor any more pari-mutuel legislation or a constitutional amendment, though he would vote in favor of such action. State Sen. John P. Bushemi (D-Merrillville) said Friday night that he has already filed a proposed constitutional amendment to establish a state lottery, for consideration in the current legislative session.

If a lottery were approved as a new part of the constitution, it would eliminate the court majority's objection to pari-mutuel betting. Bushemi said he has introduced a similar measure twice before. Once it passed the Senate but died in the House Cambodia is unjustifiable, despite Cambodia's human rights record. Teng said in Peking that he blamed the Soviet Union for the trouble in Cambodia for supporting Vietnam. "The flagrant large-scale aggression by the Vietnamese is not an isolated event but part of the global strategy of big power hegemonism," Teng said.

"Its impact is not limited to Vietnam and Kampuchea (Cambodia), nor even to the Asian and Pacific region." Teng said Indochina hegemonism, China's code word for Soviet expansionism, threatens "international peace, security and stability." CAMBODIA HAS appealed to the U.N. Security Council to condemn Vietnam and Teng said, "We support this and hope the U.N. will intervene in this situation." Consultations were taking place among Security Council members in New York Friday. (UPIi Japan's Kyodo News Service said diplomats in Peking are discussing rumors that Prince Norodom Sihanouk, former Cambodian head of state, is already in the Chinese capital or about to arrive. Other Indochina observers believe Sihanouk, a virtual prisoner in Phnom Penh, has already outlived his usefulness for both sides.

China's Vice Premier Teng Hsiao-ping told a Peking news conference Friday State Sen. John M. Mutz (R-Indianapolis), chairman of the Senate Metropolitan Affairs Committee, said the park "should not be an Indianapolis project, but statewide in nature." The Indiana Department of Natural Resources currently is developing an urban park in Lake County along the Little Calumet River. The park originally was envisioned in a plan drafted last April by the architectural firm of Browning Day Pollak Associates at the request of Lilly Endowment Inc. By UPI And AP Chinese Vice Premier Teng Hsiao-ping said Friday Vietnam's invasion of Cambodia threatens world peace and demanded the United Nations act immediately to halt the Vietnamese drive.

Meanwhile, Cambodian Prime Minister Pol Pot said Friday in a radio speech monitored in Bangkok that Cambodian forces are in a "life or death" battle with the invading Vietnamese and hinted his regime may flee the capital to carry on a guerrilla war. The Vietnamese troops were reported within 50 miles of the Cambodian capital of Phnom Penh. The Vietnamese tank-led forces now have engulfed 10 of Cambodia's 19 provincial capitals and are battling for control of Phnom Penh's main route to the outside world, intelligence sources said. (UPI) SOME OBSERVERS have called the Vietnam-Cambodia struggle a "war by proxy" between China, which backs Phnom Penh, and the Soviets, who support Vietnam. The current war erupted over longstanding boundary disputes abetted by centuries of hatred between the Vietnamese and Cambodian peoples.

The Carter administration said on Wednesday that Vietnam's, invasion of -f Park Along White River To Take Shape This Year, Hudnut Says and the other time it did not come out of committee in either chamber. VOTER REFERENDUMS were held on pari-mutual betting last fall in Hamilton and Madison counties. The local option referendum to allow the horse betting was overwhelmingly defeated in Hamilton County, while a similar measure was passed in Madison County. A proposed site for a horse track had been selected just north of Carmel, but no site was ever chosen in Madison County. Joe H.

Nixon, the Wabash newspaper publisher who brought the suit against the law, said he was very pleased by the court verdict and called it "a victory for See BETTING Page 5 i on (AP Photo) PHNOM PENH CLOSE TO FALL Arrows Show Proximity Of Viets that China has been giving Cambodia "all kinds of material assistance" but denied that Chinese military advisers were operating with the Cambodians. (AP) One arm of the three-pronged Vietnamese invasion was reported closing in on Highway 4 the American-built See CHINA Page The architects' plan calls for development of a sports complex along the river together with a recreation area for Indiana University, Purdue University, Indianapolis, whose campus is adjacent to the river. The mayor said the development is part of the city's effort to revitalize the downtown area. HE SAID HIS administration concentrated on downtown development last year, and that this year its goal will be to See PARK Page 6 "Slippery Going," An Editorial, Page 14 Marion County Sheriff's Department, 55. "We had so many accidents that we can't keep up with them," State Police See SNOW Page 6 Police Offer Tips For Winter Driving Indiana State Police offer these tips on how to avoid accidents on icy interstate ramps and bridges: Drive at reduced speed.

Be sure all windows are clear. Use turn signals when changing lanes or exiting. In a skid, don't overaccelerate or overbrake. Keep a safe distance between your car ana the one ahead. Constantly anticipate the possibility of going into a skid.

Watch for icy spots on the road. ships of the fuel-starved Iranian people. U.S. officials have expressed concern about the security of secret U.S. military and espionage technology deployed in Iran, particularly if a new government adopts pro-Soviet policies or political chaos follows an end of the shah's absolute power.

The Washington sources said Huyser flew to Tehran from his headquarters in West Germany Thursday in a visit closely coordinated with the White House. Official spokesmen confirmed the trip See IRAN Page i jrjJjS Vjg; S-iTtta. PRESIDENT CARTER GESTURES TOWARD WIVES OF LEADERS AT SUMMIT MEETING Calls Mrs. Schmidt, Mrs. Giscard d'Estaing, Mrs.

Callaghan True Leaders Of Countries 'INFORMAL SUMMIT' Allied Leaders Back Recognition Of China Viet -s" in any way be detrimental to detente with the Soviet Union, which should not bring it into question," French spokesman Pierre Hunt told a news briefing. Hunt gave newsmen a description of the first session of talks among Mr. Carter, French President Valery Giscard d'Estaing, West Germany Chancellor Helmut Schmidt and British Prime Minister James Callaghan Friday. American officials said European leaders expressed concern about the Soviet Union's SS-20 missile and those concerns were dealt with by Mr. Carter.

Mr. Carter assured them again their security would not be compromised by the SALT talks. The afternoon session of the talks, according to Hunt, was to deal with "political and strategic" matters. Asked what the leaders would discuss, Hunt said, "Everything." AMERICAN OFFICIALS said Mr. Carter was "up" about the talks and "exhilarated" by the way they were going.

The spokesman restricted himself to a list of topics discussed and declined to See ALLIED Page 6 Inside Today's Star News Summary On Page 2 Amusement Page 16-17 Area Newt 29 Bridge 13 11-13 Comics 18 Crossword 13 Editorials 14 Finance 26-28 Obituaries 29 Sports 22-26 TV-Radio 19 Want 30-41 Weather 41 Women's Pages Court News and Statistics 2 Star Telephone Numbers Circulation 633-9211 Main Office 633-1240 Want Ads 633-1212 Scores After 4 30 p. 633-1200 Today's Prayer Slow us down, Lord, so we may receive the inspiration to grow with the everlasting values You teach. Thank You for the time You give enabling us to experience a narmomous aay. Amen. ,1, '7 Snow Touches Off Rash Of Accidents By ROBERT N.

BELL "A magnificent urban park along the downtown White River corridor will begin to take shape" this year, Mayor William H. Hudnut said Friday. In the second of two "State Of The City" addresses, the mayor said the park, planned to stretch along the river from 21st Street to south of Washington Street, will be a project of the city, state and private sector. Addressing members of the Downtown Kiwanis Club at the Indianapolis Athletic Club, Hudnut said the park "would be a green space of land we hope to assemble that would complement the expansion requirements of the (Indiana Exposition) Convention Center and provide facilities for various types of recreation." HE SPECIFICALLY mentioned provisions for Olympic-style amateur athletic competition and added, "maybe even professional football." It has has been learned the Greater Indianapolis Progress Committee's Urban Growth and Revitalization Task Force will name a subcommittee soon to receive ideas from the public on what kind of facilities should be in the park. Democracy's Decline: Big Opportunity? Democracy is in decline and "something better, called consumers' freedom," is going to replace big government, according to Norman Macrae, a writer for The Economist.

Read this Briton's controversial views on what's wrong with the present bureaucratic system and what's right with its possible replacement in a series starting Sunday in The Indianapolis Star Panel Ceases Probe Of Bayh Ties To Scandal THE STAR'S WASHINGTON BUREAU Washington The criminal investigation of Sen. Birch E. Bayh (D-Ind.) in relation to the "Koreagate" scandal has been discontinued, Deputy Attorney General Benjamin Civiletti said Friday. "It was not a very difficult decision to make," Civiletti told a briefing in his office. The Senate Ethics Committee had referred the investigation to the Justice Department for a decision on whether Bayh violated federal law when he received a $1,000 campaign contribution in his office in the Capitol in 1974.

KOREAN RICE tycoon Tongsun Park, central figure in the distribution of Korean largesse to congressmen, told the committee he was present when attorney Edward Merrigan handed Bayh the $1,000 in the Capitol. Bayh and onetime assistant Jason Berman had denied the incident ever took place, but Merrigan's testimony was the same as Parks'. Civiletti said the decision against prosecuting Bayh was made late in December, two months after receipt of the ethics committee report on Korean influence cases. At the time the committee turned over its report to the Justice Department, Bayh issued a statement in which he differed with the committee on the campaign contribution issue. He asked that it be noted particularly that the incident See Page 6 50 Days Write The Star's Reward Desk using a code number as shown if you have information about the killers and want to remain anonymous and be eligible for the Burger Chef Systems' $25,000 reward.

Since Burger Chef Murders Saint Francois, Guadeloupe (L'PI) America's Atlantic allies Friday expressed complete support for U.S. normalization of relations with China and agreed that U.S. recognition should not affect the policy of detente with the Soviet Union. An "exhilarated" President Carter received the vote of support from the leaders of France, West Germany and Britain at an informal summit conference held in a thatched roof villa bathed by the balmy sea breezes of this tropical French Caribbean island. "THE NORMALIZATION of relations with China was seen as a positive factor and development of relations should not Pacers Wallop 76ers, 123-96 The Indiana Pacers, who have had trouble beating any team in the NBA this season, won their second straight game Friday night by beating what was the best team in the league, the Philadelphia 76ers, 123-.

Alex English celebrated his 25th birthday by leading the Pacers' convincing triumph with 30 points. For more details see page 22. The Weather Joe Crow Says: Workers are returning to the oil fields in Iran. Maybe they got tired of walking and leaving the car at home with an empty gas tank. Indianapolis Cloudy and cold today, with a chance of snow this afternoon; high, 23.

Snow tonight, possibly heavy at times and possibly mixed with freezing rain; low, 20. Snow likely again Sunday; high, 30. Indiana Cloudy and cold today, with a chance of snow this afternoon or evening; highs, 18-26. Snow likely tonight and Sunday, possibly mixed with freezing rain in central and southern Indiana; lows, 15-23. Highs Sunday, 25-33.

CnniE ALERT If You See A Crime Committed Or Spot Suspicion Activity Coil This Number 911 A light dusting of snow caused an outbreak of more than 200 automobile accidents, most of them minor, on streets and expressways in Marion County Friday and slowed evening rush-hour traffic to a crawl. Only one inch of snow accumulated Friday, the National Weather Service said, but the worst is yet to come. A winter storm watch was issued for tonight for central and southern Indiana with the weather service warning that the snow may be heavy at times and could be mixed with freezing rain. The new snow may start falling by this afternoon and more snow is likely Sunday. Today's high temperature will be in the low 20s, but Sunday's temperatures will rise to around 30.

The low tonight will be around 20. Friday's light snow created numerous slirk spots on many streets and roads and virtually all interstate highways in the area. BY EVENING, Indiana State Police had handled 92 accidents in the Indianapolis area, Indianapolis police, 70 and the would remain a stabilizing influence, is being rocked by resignations. MEANWHILE, SHAH Mohammed Re-za Pahlavi, returned to Tehran Friday night after a two-day skiing holiday at the resort of Jajroud. There was no word on speculation that the shah would take a prolonged vacation away from Iran once the new civilian government takes over.

Striking anti-shah oil workers also began returning to their jobs in the Iranian oil fields Friday despite the call for another national strike and day of mourning Sunday to ease the hard General Sent To Iran To Check If U.S. Spy Equipment Is Safe By UNITED PRESS INTERNATIONAL The United States has sent a four-star general to Iran to help assess whether top secret U.S. military and spy equipment will remain safe and whether Iran's military will retain influence if a leftist government takes power, sources said Friday. The defense sources in Washington said Air Force Gen. Robert Huyser, second-ranking U.S.

commander in Europe, is holding consultations in Tehran at a time when the Iranian military, which U.S. officials had hoped.