The Cumberland News from Cumberland, Maryland • Page 8

8--The Cumberland News Suit To Force Anderson Out Of Job Filed A ri a74 -Agnew Suspension Or rVsbarmehf Argued Before Appeals Cburf War Phase 11 Planned ANNAPOLIS (AP)--Spiro T-ifederal taxes i 1 9 6 when he Agnew's former, high 5 governor of a a and public opinion about his i Agnew, who did not appear in for appeal a on i i i come tax evasion conv should not affect a derision on Convicted County Executive's Removal Is Taken To Court TOWSON (AP)--A suit seek- ing to remove Baltimore Coun- ty Executive Dale Anderson from office was filed Tuesday In county Circuit Court. The suit, filed by stale Del. Howard J. Needle, D-Balt. County, asks that the court en- force the section of the county charter outlawing kickbacks snd providing that any official that violates it "shall forfeit his office." Anderson, who succeeded Spiro T.

Agnew as county exec- utive in 1966. was convicted by a U.S. District Court jury March 20 on 32 counts of ex- tortion, conspiracy and tax eva- sion. The charges were returned last summer by a federal grand jury probing an alleged system of kickbacks to Maryland offi cials from architects and engi neers doing government bus! ness. The suit specifically requests that the court: --Order the office of county executive vacant as of March 20.

--Order the county council to fill the vacancy. --Issue an injunction pre venting Anderson from acting as county executive. --Order the county to stop OR ACER A Md. (AP ficials said Tuesday they were still uncertain when Phase 2 ol the battle against the birds in this quiet Catoctin Mountain village will begin. Dr.

Kenneth L. Crawford chief veterinarian for the state health department, said the second phase of "Operation Sanity," as the anti-bird plan as been dubbed, will involve utting about a third of the pine i it i UMI i (i IT ai icl CourL a a Couil of Appeals was i 0 the i a recommenda- tion, was sentenced in U.S. Dis- last from the high standards of pro- fessional conduct to which law- yers have been heid," the asso- ciation brief argued. Scanlan said the court should impose the a i penalty of disbarment becuse there told Tuesday. ithree years' probation.

a a no exlojniating circum Is.tances.such as illness or per-jtionally. Li 1 f. I 4 A 1 I tax case. Pierson and E. Dale Adkins, Agnew's other attorney, insist- ed that no recent tax evasion conviction in Maryland had produced disbarment and that this penally, had been imposed only 11 times in 81 cases na- "There is no public a A red Scanlan, a bar asso-isoiial in the Agnewl "Certainly the touchstone of justice is fair and consistent trie Agnew brief said.

"No court should or will per- mit itself to be swayed in doing justice by public outcry or de- mands for excessive sanction, however intense," the brief said. for disbarment, is a news paper demand for disbarment," Leon H.A. Pierson, one i of Ag- new's lawyers, argued at a dis- barment hearing. The attorneys said the former vice president should only be suspended from his profession, not fired as was the unanimous recommendation in January of ciation lawyer, said Agnewi should be ousted from the pro- fession because he victed of a was con- crime involving Agnews Buy New House Near Annapolis "It is true there has been un- rest, but this man is entitled to the normal protection of the ANNAPOLIS, Md. (AP) a three-judge Circuit Court pan- moral turpitude and of conduct) Spiro Agnew and his wife, prejudicial to the conduct of reportedly will move Scanlan said the appeals! from their Kenwood, man- judges should also consider thej slon into a ncw home now un 'effect of the conviction on the! de construction three miles image of the legal profession Annapolis.

paying Anderson his salary a trees." county executive and order An derson to return all salary pay ments he has received sine March 20. Judge Kenneth C. Proctor gave county officials seven days to respond to the suit. A 15-day response time is normal, but the judge said Needle had "shown good cause" for a speedy handling of the case. Needle, a political maverickj not generally associated with Anderson's powerful county 'Democratic machine, has been a leader among those demand- ing that Anderson step down.

On Monday night. Needle and about 250 other dissident resi- dents attended a county council meeting and called on the panel to remove Anderson from of- fice. The council ignored the crowd and plodded through a short agenda of routine busi- ness. The council voted last week to have Joseph H. Sherbow.

for- mer chief judge of the Balti- more City Supreme Bench, to review the county charter and see if the council has power to remove the county executive Council leaders said they would rees in a 60-acre grove where tie birds took roost. At the height of the feathery nvasion two weeks ago, esti- mates placed the number of )irds in the grove from a con- ervative two million to as high as 10 million. A five-day bar- age of fireworks, exploding iropane gas bombs and high- )itched recorded noises, how- ever, has dropped that number .0 around 30,000, officials said. One of the problems stalling the start of Phase 2, Crawford noted, was who will pay for the thinning operation-a state agency or Edgar Emrich, who owns the pine grove. The grove has not been prop- erly thinned in the past, mak- ing an ideal nesting spot for the a i starlings a grackles, Crawford said.

"It has never been thinned and now it's a jungle," he said. "You can't crawl through it much less walk. The inside of the thicket is dying because of the competition from other Maryland Bar Associ- ation brought disbarment pro- ceeding? against Agnew last year after he resigned the vice aresidency and pleaded no con- test toevading about $13,500 in and the fact that Agnew evaded taxes while serving as Mary- land's highest elected official. "A lawyer a posi- They have bought a two-story brick a a house on a wooded lot in Indian Hills, a new housing development, the tion of public trust, if anythirig.jAnnapolis Evening Capital re- has a higher duty than the pri-jportecl Tuesday. vate practitioner not to departl Colin F.

'McGowan, builder ofjthe house. home, would not disclose the exact location or price of the former vice president's new home, but workmen at a Colo- nial-style home said it had been purchased by the Agnews. Houses in the Indian Hills de- velopment range from $70,000 to $175,000, McGowan said. The Agnews sold their Ken- wood home near Washington 1C days ago for more than $300,000. They have 90 days from the sale date to vacate engineers and architects who were awarded state contracts.

In that statement, Agnew said: "in most instances, stats contracts were awarded with- out any arrangement with tha payment of money by the con- tractor." Scanlan said he thought tha court could "draw the reason- able inference" regarding the circumstances of contract aw," Adkins said. "To say he awards in cases not encom- subject to public opinion is alpassed by "In most dangerous precedent. "What we are asking for is in- stances" phrase. Both sides in the Agnew equality of treatment," Adkinsjagreed the former vice presi- continued. "We have not usedjdent had not been convicted of his former high position to crime but tax evasion, not- for special treatment.

We think! withstanding federal documents that because of his former high filed October accusing him position he is entitled to be treated like everyone else." Scanlan told the judges they also should consider the state- ment Agnew made in federal court last Oct. 10 in which he admitted receiving money from of demanding and receiving il. legal kickbacks from consult- ants. The Court of Appeals, Mary, land's highest, gave no in. dication when its opinion would be rendered.

Crawford said the birds could return to the grove in large numbers unless the thinning op- eration begins soon. Rep. Staggers Pushing New Energy Bill WASHINGTON (UPI) Rep. iarley Staggers, said Tuesday that it would be "fool- sh" for Congress to wait until gasoline lines resume at service stations before acting on emer- gency legislation. Staggers, chairman of the House Commerce Commission, spoke on behalf of his own bill providing standy energy author- ity before the panel.

"It would be foolish to wait until the gas lines get long again or the embargo is reirn- posed to decide What course of action to take," said Staggers. make no decision on the" matter! We need to act now and we i after they receive Sher-! p( r. he President will cooper- bow's opinion. Anderson, 56, has repeatedly announced his intention to re- main in office until his legal appeals are exhausted. ate," he added.

President Nixon vetoed emer- gency energy legislation ap- proved by Congress because of a controversial price rollback feature. The new legislation offered by Staggers eliminates this provi- sion, but the West Virginia Con- gressman said he would offer a separate bill aimed at rolling jback prices. Five Indicted For Smuggling Arms To Arabs ree Seedlings To Be Given On Arbor Day BALTIMORE CAP)--A feder- al grand jury here indicted five a citizen of the Republic of Ireland and one from Northern Ireland, on smuggling charges Tuesday. The five are charged with il- Today is Arbor Day, the 102nd annual observance of this day when tree planting and tree care is uppermost in the minds of those who cherish their legally obtaining large quan- tities of semi-automatic rifles. Ui machine guns and thousands environmental heritage.

rounds of amunition, accordingj The observance of the day in to Assitant U.S. Atty. Jeffrey County will be h'igh- u-if-; lighted by the distribution of wmte said the weapons and seedlings ammunition were obtainedj Through the AUegany County from the Westcap Gunshop in Forestry Board and the Kensington. After obtaining the Maryland Forestry Service, free firearms and ammunition, seedlings will be "distributed at charged, the defendants. LaVale Plaza Shopping Center, transport the weapons to.

White Oaks Shopping Center, various states and ultimately Tri-Towns Plaza and Frostburg the weapons would be transfer- Plaza. ed to members and associates These have been placed of the Irish Republican Army. by Boy Scouts-. One each! Two of the defendants are, will be given to persons at also charged with transporting four places starting at 10 a. explosives from Maryland to; Luke Mill of Westvaco Ncw York.

'is recognizing Arbor Day with! Those charged in the in- distribution of Norway Spruce dictment were identified as seedlings to all employes tomor- Henry Hillock of Washington, row. B.C., a citizen of Northern Ire-; For the eighth consecutive land; James Conlon of New: year, Westvaco foresters will be York City, a citizen of the Re-' making the distribution as part public of Ireland; Francis the Luke Mill Arbor Day kin of Riverdale, Kiernan observance. McMahon of Silver Spring, and; Tri-Towns Girl Scouts helped William Westerlund of the seedlings and Luke ton, co-owner of the gunshop. iMill foresters were responsible Hot Air Balloon Ride Ends In Tragic for securing the seedlings their distribution School systems throughout the CAMBRIDGE. Ohio fUPD lng rees to their, A rids in a hot air balloon end- Su dlngs and ed in tragedy Sundav when three environmental educa- persons fell some 100 feet 1011 for the the craft.

One passenger was 1 killed and the other two suffer- Raul C. Haberlein ed serious injury. i Police said Clyde In NIH Cambridge, owner and pilot of! the balloon, died from injuries Pai1 Haberlein, clerk suffered in the fall. Dr. Richard 'AHegany County Circuit Court, 'Whiteleather.

Cambridge, a i a been admitted to the Na- Tom Leblue. El Paso. werei 1 0 31 Institutes of Health, Re- listed in serious condition at: thesda Guernsey Memorial Hospital, i JIr Police said the accident oc- tient Haberlein had been a pa- Memorial since last curred uhen the gondola ini which the men were riding was! sheared from the balloon fay elec-! The Garden State Park thor- trical wires. The men fell to racing meet at Cher- ground near U.S. Route 40, while ry Hill, N.J., continues through Ihe balloon continued to float, Memorial Day, May 27.

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