Idaho State Journal from Pocatello, Idaho • Page 13

POCATELLO, IDAHO, WEDNESDAY, APRIL 6, .977 IDAHO STATE JOURNAL-SECTION B-PAGE 1 Idaho Power Outlines Curtailment Plans Garcia Claims Others Involved TWIN FALLS, Idaho (AP) Juan Garcia, charged with first- degree murder in the stabbing death of a college student, says he thought he saw two people leaving the woman's apartment shortly before he found her dying in a pool of blood. Garcia testified Tuesday at his trial, saying he had gone to Catherine Garrison's apartment to see if his brother-in-law Safrino Cuellar was there. He said Cuellar had been dating Miss Garrison's roommate, Carolyn Franco. Garcia said when he drove up he thought he saw two people leaving the apartment. When he got to the door, he testified, it was slightly open and he entered after hearing someone cough.

Garcia said he found the victim lying on the living room floor and when he approached her and lifted her he saw she was bleeding. Garcia said she asked him to call an ambulance and said she was thirsty. He said as he was going to the cabinet for a glass, he saw two figures at tha kitchen window and when he got to the door he saw they were policemen. Under cross-examination, Garcia was shown photos of the kitchen, which showed a blanket over the window. He said he couldn't explain that.

He also said he did not see glasses and knives on the kitchen counter. Three policemen testified Garcia met them at the door with a glass beer pitcher containing money. "I was scared. I had never seen that much blood before. I guess I was looking for some kind of weapon," Garcia said of the pitcher.

He denied having gone to the apartment to take the money and that he killed Miss Garrison, 18. BOISE, Idaho (AP)-lf power shortages become severe this summer, residential users might have their electricity shut off at times, according to a curtailment plan filed by Idaho Power Co. with the Public Utilities Commission. The PUC earlier asked all utilities to submit plans on how they would cope with severe power shortages. A hearing is planned May 2 to discuss the plans.

Idaho Power's plan lists a nine-step sequence of events if power shortages occur and the government orders a cutback. The steps are mostly voluntary. Each is to be used in turn as power conditions worsen. They are: -Curtailment of all nonessential uses by Idaho Power itself. --Curtail service to interruptible customers, mostly large industrial users who obtain power at lower rates because their supply can be cut when necessary.

-Requesting voluntary curtailment of nonesseniial power use by governmental entities. -Requesting through news media that all classes of customers voluntarily curlail use of power to spread equitably the impact of the shortage. -Contact customers who use 75,000 kilowatt-hours or more per month and obtain voluntarily compliance to use less power. An Idaho Power spokesman said this generally would be 10 per cent of normal use. -Interrupt standby and supplemental services to customers having alterate energy sources such as gas-powered generators.

-Use unspecified operational procedures as necessary to maintain integrity of service. -Cut off power to major industrial or commercial users who have not complied with their cutback request. --Finally, interrupt service to customers or groups of customers. The ninth and most serious step, if needed, will bring into play mandatory hospitals police and fire departments, traffic controls What would happen if individuals or businesses refuse to compl 1)30 uTGen Kidwell said it may require a special session to give the Public Utilities special power to force compliance mav Garth Andrews, PUC information officer, said the utilities themselves may have the most direct way to see that customers comply with energy-use Tthe customer refuses to cooperate, Andrews said, the utility could simply state never has run into a serious energy shortage such it may face Uus summer, says Karl Shurtliff, energy advisor to Gov. John Evans and former afd he feels the state has suitable laws to deal with any power Evans already has indicated a special session might be the drought's impact on state finances.

He said he hasn't considered leglS "I 'want to watch as the thing progresses, and if it continues to deteriorate, I intend to involve legislative leadership in a series of briefings, he said. Kidwell said the governor could use his emergency powers to order agencies to hold back projects involving power. But he said that only concerns govern- saUHhe governor has no power to order businesses or the general population to cut back. Preston Manslaughter Continued a manslaughter trial of Dean Nebeker of Preston has been continued in Sixth District Court. A mistrial was granted prosecuting county attorney J.D.

Williams after two and one- half days of testimony in the trial March 24. The trial was first re-scheduled for April 11. Nebeker is charged in the Dec. 11, 1976, shotgun shooting death of Robert Pense of Boise. Williams also asked for a change of venue following the mistrial motion, claiming an impartial jury could not be found in Franklin County.

Public defender Hartwell Blaek asked for the continuance in order to file additional motions to Judge Rasmussen. The trial has now been rescheduled for the latter part of May. Businessmen Question Competition PRESTON--Building permits and business licenses drew some long and sometimes heated discussion at a special city council meeting last week. Representatives of the Chamber of Commerce and several businessmen headed by Reed Bosworth met with the council over the matter of approval of a business license for a furniture auction in the city. Bosworth and the group presented information that the individuals running the furniture auction are.

being investigated by the state attorney general's office, and wanted to know if the city could keep them out. "Couldn't you stall and discourage them?" Bosworth asked. "This particular individual didn't give up," city clerk Arlene Nash stated. investigated by the attorney general's office doesn't mean they can stopped," city attorney Lowell Castleton said. Bosworth said the council wasn't thinking about the "local boys" and the taxpayers when they approved the license.

"People have free agency. They can buy where they want," Councilman Legrand Burton said. Doug Eggett, businessman, said that he felt it was opening a "pandora's box" and that i a businessmen would come. "The merchants' stand is to protect the customer," Eggett said. Castleton said that the results of the attorney general's investigation would make a big difference.

Councilman Elmer Oliverson said that the council had checked with the sheriff's office on an investigation before issuing the license. A i a discussion, Castleton advised against revoking the license because of a possible lawsuit and Bosworth added, "we just wanted to impress you with our concern." The council then discussed the matter of a building inspector. Former city councilman Lynn Fackrell, a plumber-contractor, voiced the opinion that the state inspector was a "Castro" and that state inspections were "ridiculous." "They send one guy down here and everybody's wrong but Fackrell stated. The council had indicated that it would stay with the state inspector until the matter had been settled on a state basis. "The state building code is fine," Fackrell said.

"But it is a matter of who is interpreting it." Fackrell was asked by Councilman Oliverson if the building code was sound. "The code is fundamentally good but the inspectors give trouble. For recourse we have to go to Boise," he replied. Mayor Lyle Shipley said the council was trying to protect itself by staying with the state inspector. Joe Holms, state inspector for the area, met with the council later in the meeting and said that he agreed that local control was best.

"It's hard to cover six counties. If they continue with the department it is questionable whether they will even provide an inspector," Holms said. Hiring of a class local inspector was discussed and the council indicated it would do that at a later date. Indians Ask Impact Studies Of Federal-Tribal Actions BOISE, Idaho (AP(-Federal agencies i i i a statements before taking any action that might affect Indian land or resources covered by trust rights, an Indian lawyer said Tuesday in Boise. John Echohawk, attorney for the Native American Rights Legal Defense Fund of Boulder, addressed a meeting of the Idaho Intertribal Policy Board.

The board represents the Shoshone-Bannock, Shoshone- Paiute, Nez Perce, Kootenai and Coeur d'Alene tribes. Echohawk said impact statements should include such information as whether Indian consent was obtained for the planned federal action and whether adequate land or compensation was offered if the government wanted to take tribal land. Under federal law, the U.S. government is regarded as trustee for Indian rights. The impact statement proposal is one ot several in an 11-part report drafted by the American Indian Policy Review Commission.

Echohawk helped write the report, which is scheduled for presentation to Congress May 9. Echohawk called the report "the first comprehensive study of Indian affairs in 50 years." The study was commissioned by Congress, began in January 1975 and has cost between $2 and $2.5 million, the Indian attorney said. 'Small Town Meeting' Planned in Preston PRESTON--The first in a series of nine town meetings on the "A Future for a small town in Idaho" program is set here Friday. The day-long events will include a luncheon with local officials, afternoon workshop session, evening potluck dinner and town meeting to start at 7:30 p.m. Arranged by Idaho Heritage magazine with a grant from the Association for the Humanities, the program is designed to draw inout from the community in setting up town goals The event will be held at the Robinson Fair Building and all local civic, social and government leaders have been invited.

Attending meetings will be Floyd Decker, executive director of the Association of Idaho Cities; Arthur A. Hart, director of the Idaho State Historical Society; David Hegg, executive director of the Idaho Housing Agency and Dr. William Shields, head of the Idaho State University sociology department. KBGL television, Idaho state University will video-tape the meeting as well as programs scheduled for Shoshonc and St. Maries Other meetings will be at Ashton, Salmon, Emmelt, McCall, Grangeville, and Bonners Ferry.

"The study came about in the aftermath of the Wounded Knee occupation, when the nation started looking around and saying, 'Hey, we don't know anything about the Echohawk said. However, since work on the report began, congressional attitudes toward Indians have deteriorated, he said. "The atmosphere is certainly not favorable at this time," Echohawk said. "The tribes' aggressive stance in the past few people concerned in "Some congressmen who represent areas where the tribes have been claiming their rights have come under constituent pressure," Echohawk said. "They would rather win elections than deal fairly with the Indian." He singled out Rep.

Lloyd Meeds, former chairman of the House Interior subcommittee on Indian affairs, which now has been combined with a public lands subcommittee. "Meeds used to be real helpful to us," Echohawk said. "But since the courts decided the Indians have fishing rights in the Columbia River, he has backed off. He barely won reelection last time and refused to chair the subcommittee this session." Echohawk cited Indian claims to land in Maine, fishing rights in the Columbia and water in the Southwest. He said those are areas where tribes are seeking rights guaranteed to them under the federal government's trust responsibility.

"We're saying in the report that the United States should be held to the highest standards of conduct and care hi acting as a trustee for the Indian tribes," Echohawk said. The report also proposes doing away with the Bureau of Indian Affairs in the Interior Department and establishing a separate Department of Indian Affairs with an office of trust rights protection, he said. "And we are saying that if treaty rights must be changed, Congress should do it specifically on a case-by-case basis, not let some bureaucrat do it in a backhanded way" by interpretation of general statutes, Echohawk said. Asked if Indians could do anything to stop Congress from abrogating treaty rights, Echohawk said: "Not short of declaring war- although we might do that. "The conduct of the United States toward the Indians should follow the international principles that govern a sovereign nation in dealing with another sovereign nation," he said.

said domestic law, the government is not forced to do that. After his address, Echohawk was asked if he knew of any current situation that might warrant a declaration of. war by a tribe. He said he knew of none presently. Folksy Sheet Gains Wilderness Hold PUBLISHER, OWNER and sole staff member Ray Kiley inspects the Elk City Bugle, a country weekly that is carving a lace for itself in the wilderness north of the Salmon River.

a place for itself in the (AP Wirephoto) ELK CITY, Idaho (AP) The Elk City Bugle, product of a folksy journalist from South Boston, has gained a foothold on the edge of the Idaho wrtderness. Ray Kiley, 55, designs the pages of his twice-monthly paper on the bed of his "and they look like it," he admitted. Words are often misspelled, but "this is not necessarily done out of negligence Kiley said. "We all need to be reminded we're not perfect. Rural flavor is the trademark of the Bugle, which carries the front-page slogan "Gateway to the American Wilderness." Featured on the front page of the latest edition were headlines reading Local Fella Weds" and "Hot Springs Burns." Also on the front page was an article about the latest cavortmgs of Bigfoot the legendary apelike creature said to stalk Northwestern woods "This reporter understands there are 12 expectant mothers in blk City at this time," Kiley wrote in his "Something for Everyone" column "Good thing the TV cable repairman came to town this week.

It will give the young marrieds something else to do evenings." "1 don't want to imitate a big city paper," said Kiley. nmm(m iB "I left Boston because of the rat race," explained the former commercial artist. "Big city pressures and all that. "I never thought about publishing a newspaper when I got here, but I got fascinated by the area's history the miners, the Chinese, the "I knew when the old-timers were gone, all that would die unless somebody ke The Bugle has. built a circulation of about 100 persons in this isolated town nestled on the edge of uninhabited forest.

Elk City has a population of about 300 Kiley began publishing the newspaper about three months ago, paying the first printing bill with a loan from a local bartender. He sells advertising and does most of the writing, photography and layout. The Bugle's biggest problem is meeting the next printing bill, he said. have to be adjusted accordingly." Kil janitor before publishing the Bugle, wants to go weekly Kiley keeps publishing. The latest edition includes a western- flavored recipe for gourmet soup served with sourdough.

"It's going real well," he said. LEGISLATIVE ISSUES Stiff er Lows Characterize 77 Session BOISE, Idaho (AP)-If, as the saying goes, crime did not pay in Idaho in the past, lawbreakers will have even more to lose in the future as a result of action by the 1977 legislature. Idaho legislators at their recently concluded session passed bills stiffening state laws on murder, prostitution, rape, juvenile offenses, underage drinking, drug abuse and commission of felonies using firearms. Perhaps the most notable of the new laws reinstates Idaho's death penalty. When the U.S.

Supreme Court ruled earlier this decade that the death penalty was unconstitutional because it was being applied in discriminatory ways, state legislatures scrambled to enact new laws which they thought would take care of the problem. Many legislatures, Idaho's among them, passed statutes calling for the death penalty in all cases of first-degree murder. But those legislatures misinterpreted the Supreme Court decision, the court ruled last summer. The justices said they hadn't meant to fuel an explosion of mandatory death penalty laws, and ruled trial judges must have some discretion in sending convicted killers to die. Idaho's 1977 death penalty law.

gives that discretion. It calls for a presentence investigation to determine if there were circumstances in the murder which might increase or lighten the defendant's load of guilt. The judge can then sentence the convicted person to death if aggravating circumstances outweigh any mitigating factors. The new death bill was awaiting Gov. John Evans' signature March 22 as 1st District Court Judge James Towles sentenced Dixon Douglas Curley to die for the murder of an Osburn policeman last summer.

"We were calling the governor's office every hour to see if he had signed the bill," said Deputy Atty. Gen. Lynn Thomas, who aided in the Curley prosecution. Thomas said prosecution arguments to Towles would have been different had the bill become law before sentence was passed. The judge sentenced Curley under the old law, but followed the new presentence investigation guidelines anyway, Thomas said.

The new law will have little effect on Phillip Lindquist and Thomas Creech, both under death sentence at the Idaho State Penitentiary, Thomas said. But he said the new law will show any federal court to which the men might appeal that the Idaho Legislature meant all along to provide a constitutional death penalty. Idaho's new prostitution law makes the prostitute guilty of a felony after a third conviction, and makes a customer guilty of a misdemeanor. That juxtaposition of penalties aroused the ire of Rep. Patricia McDermott, D-Pocatello, who suggested it discriminated against the woman.

But, the bill passed and became law. In addition to sex for hire, the legislature took up the problem of what might be called sex under fire--rape. The Senate's original bill would have provided restitution to rape victims and would have allowed conviction on unsupported testimony of the victim. However, the measure that eventually became law didn't go that far. It bars from court most evidence of the victim's past sexual history and allows a man to be prosecuted for raping his wife, if they are separated.

When it came to children, the House seemed to fear sparing the rod might spoil Idaho's leaders of the future. On the other hand, Senate-initiated action was designed to penalize parents who apply the rod too freely. House-introduced bills which became law allow juveniles 15 years old and older to be tried as adults--the previous age was 16; permit private persons to make citizens arrests of child a a i a i demeanor for anyone buying alcohol to refuse to present proof of age to a policeman. The Senate passed a bill to define when a child has been can be called now. The measure passed the House on a 37-33 vote, but was held in the Senate Judiciary and Rules Committee after former governor Robert Smylie told the committee of his concern the injured by his parent or guard- legislation might be abused, ian, and to allow prosecuting In other action affecting court and crime legislation, Kidwell attorneys to take certain action on behalf of a child who has been abused or neglected.

The measure was signed into law. Other major bills which became law as a result of the 1977 Idaho Legislature provide a prison term of 3-15 years, in addition to the original term, for anyone convicted of using a gun in commission of a felony; allow prosecution under the Uniform Controlled Substances Act for drug offenses and add a fourth 3rd District judge in Canyon County. The legislature also passed bills to allow judges to impose fixed instead of indeterminate sentences, and to add a fifth judge in the 5th District, in Gooding or Jerome county. Probably the most significant law-and-order bill to fail in the legislature was the state grand jury bill proposed by Atty. Gen.

Wayne Kidwell. The bill would have allowed the governor, attorney general or three prosecuting attorneys to petition the chief justice of the Idaho Supreme Court to call a grand jury. Only county grand juries COUNCIL LACKS QUORUM Non-Meeting Consumes Hour BLACKFOOT-H took less than an hour Tuesday night for city councilmen Ted Lott and Adam Yancey to adjourn a meeting that was was never officially opened. With Jim Blessinger and Murray Sorensen out of town, there was no voting quorum and no official action could be taken by Blackfoot city council. Unofficially, most subjects on the agenda were discussed anyway.

Two residents of the annexed area on Rich Lane, Carl Carpenter and George Parker, said they thought the city should reimburse them for the cost of installing water lines which now became the property of the city. Since their well ran dry, Carpenter said the three residents of Iheir area paid $4i0 each for water meters, $225 for hookups, and the cost of installing 147 feet of water pipe. If the city would not help out by going back to their former $100 rale for hookups, he said at least the city should reimburse them for the pipe. "It's now your pipe," Carpenter said. Parker, who claimed to be one of Blackfoot's oldest residents, asked to be reimbursed $6,000 for waterlines along his road.

Mayor and councilmen told the men the city has never reimbursed those who install their own pipe and didn't want to set a precedent. Both Yancey and city attorney Tom Moss said they had borne the expense of installing pipelines to their homes. The mayor said Bannock Paving bid for chips, the only one submitted, was $4.40 compared to $3.75 lasl year for a total of $22,000. Dan Henman, son of parks superintendent Don Henman, said he would like to get a summer job in the parks department again this year, but understood the city has a rule against department heads hiring relatives. "There has been no resolution, but we discourage that," said Mayor Delwin Daniels.

"In my opinion this policy will not affect those who have been hired in the past," Yancey said. "I'm in favor of you getting this part-time work in the parks department since you have had this experience there." A garbage problem was presented by Dale Myers, newsman for radio station KBLI. "No garbage has been picked up at our place at 69 Johnson St. for three weeks," he said. "I've been saving it up, trying to keep my dog out of it." "When your dog is in the a a 1 hope he's on a leash," quipped the mayor.

A special council meeting is to be called, possibly today at noon, if a voting quorum can be present, to approve monthly claims, take official actions on a variance to the burning or- met during the session with Sen. Edith Miller Klein, RBoise, to discuss a review of the Idaho criminal code. She is chairman of the Judiciary and Rules Committee. Kidwell has assigned a deputy attorney general to review the code and make recommendations for possible changes during the 1978 legislative session. Logan Seeks Amtrak Stop LOGAN, Utah (AP) Logan Mayor Desmond Anderson says city officials will meet with an Arntrak official May 19 to discuss the feasibility of a train stop near here.

Amtrak's experimental run between Salt Lake City and Seattle, is scheduled to begin June 7. The mayor said Arthur Lloyd, Amtrak public information officer in San Francisco, will discuss designating Cache Junction as a stop on the train's schedule. The train is scheduled to stop at three points in Utah: Salt Lake City, Brigham City and Ogden. Expert Predicts Salt Lake Drop SALT LAKE CITY (AP)-A Weber State College professor says--based on existing charts--the level of the Great Salt Lake should decline between now and 1988. Dr.

Dale Hawkins told the Great Salt Lake Board the level other business. At this meeting councilmen will discuss civic projects to be sponsored by Kiwanis Club on natural landscaping of the area between Highway 191 and the Shilling St. bridge, using Russian olives and rocks. The area immediately north of the bridge needs landscaping too, the mayor said. A decision on the Bannock Paving bid will also be made.

eight feet by 1988. Although the lake currently threatens lakeside industry, that trend could reverse itself this year, he said. He said if the lake level drops between now and 1980, then rises again, it may signal the start of an upward trend. But if the lake level "breaks through" a certain elevation in 1980, the level will continue to drop for several years, Hawkins said. That is what the lake has done in the past, he said..