Statesman Journal from Salem, Oregon • Page 17

Statesman-Journal, Salem, Tuesday, January 20, 1987, 3C ft ftfDfflD ODD pol By Dan Postrel Of the Statesman-Journal A multi-million-dollar lawsuit blaming sulfite food preservatives for a Salem girl's 1985 death is scheduled for trial in April, a lawyer said Monday. Janice Wilson of Portland, who represents the parents of Medaya McPike, said legal maneuvers have forced the cancellation of several previous court dates. Those maneuvers also have produced some tangible results, including a settlement with the owners of the now-closed Enciso's Mexican Restaurant, where Medaya ate before her death. Marion County Circuit Court documents peg the cost of that settlement, reached last year, at $5,000 plus other "consideration." Neither Wilson nor the restaurant's attorney, Mark Wagner of Portland, would discuss specifics of the agreement. Without stating their reasons publicly, the owners closed the restaurant, at 110 Commercial St.

NE, in July 1985. Court papers say at least one of the principals, Jose Enciso, now lives in Seattle. Medaya, who was 10, fell unconscious less than an hour after eating dinner at Enciso's on Feb. 15, 1985. She died five days later at Salem Hospital Memorial Unit.

State tests revealed high concentrations of a sulfite food preservative in guacamole from Medaya's meal. Her death helped prompt new state regulations on sulfites, which are used to keep fresh produce and other foods from spoiling. Sulfites cause severe allergic reactions in some people. Doctors say sulfite-sensitive people often suffer from asthma, as Medaya did. Medaya's parents filed their lawsuit in April 1985.

An amended complaint later reduced the claim to about $12.4 million. Wilson said the settlement with Enciso's doesn't fully remove the restaurant from the case. She said another defendant, Dean Distributors, which made the preservative, asserts that the settlement doesn't free Enciso's from further liability when the case is decided. If that issue is not settled soon, Wilson said, lawyers may ask that it be separated from the rest of the case and decided after the trial. Dean, a California firm, is one of two remaining defendants.

The other is the National Institute of Food Distributors, the Delaware distributor of the sulfite preservative, Wilson said. The original suit also charged that the state of Oregon had failed to carry out its responsibility to keep food safe, but that allegation has been dropped. Jim McPike said Monday that he had little direct knowledge of the lawsuit. "We're just leaving that to the attorneys," he said. 2 mmmw Goldschmidt pitches to business By Michele Matassa Of the Statesman-Journal rent was increased 20 percent in the time her income rose 3 percent.

"They're forcing me out of my apartment," she said. "What are you going to do about that?" Goldschmidt replied: "We need more income in folks' pockets. It's not complicated." But the governor stumbled when asked to interpret the mixed signal given by coinciding plant closures and Japanese investments near Salem. A Caterpillar Inc. plant in Dallas and the Mushroom King plant in Salem both announced closures last week.

"I don't think I like the question the way you posed it." Goldschmidt said. He said Oregonians can support new and existing businesses by marketing their strongest industry wood products as a finished export to Japan. Recent investments by Mitsubishi and Nippon Kokan K.K. signal good news for Oregon's high-tech industry, Goldschmidt said. But, he added, "If those investments assume we ought to trade out the existing base, I don't think so." dening corporations, Goldschmidt said.

"The maneuvering room is small," but a plan is in the making, he said. Asked how Oregon's land-use laws relate to the housing industry, Goldschmidt criticized the land-use system for lacking an economic development strategy. He said the state Land Conservation and Development Commission needs guidance from the Economic Development Department. But he blamed part of the problem on cities and counties that do not cooperate to allow for growth. "Many of the developers I've talked to don't think LCDC's the problem," Goldschmidt said.

"They think going into a local planning unit is a free-for-all. "The zoning codes are different. The attitudes are different. I will probably call a few mayors before my time is done." Goldschmidt repeated a now-familiar chorus of economic comeback with nearly every issue that arose. One woman stood to let him know that her Appealing to the people he called his new neighbors, Gov.

Neil Goldschmidt sought support Monday from the Salem-area business community. Goldschmidt spent an hour in a banquet room full of lunch guests at a Salem Area Chamber of Commerce gathering. "Over the next four years, I'll probably be asking for your support on more occasions than you like," he said. "If you can't ask a neighbor for help, who can you ask?" He promoted his plan to spend $25 million in lottery money on regional economic development projects. Then he asked support for a $54 million prison plan that would add 1,661 beds in areas outside Marion County.

After his prepared speech, Goldschmidt fielded questions on housing, taxes and land-use planning. An estimated state tax surplus of $150 million, created by federal income tax reforms, will be returned to Oregonians without bur Nine Atiyeh vetoes likely to get review Nine vetoes by former governor Vic Atiyeh are likely to be reconsidered this week. The bills involved are: HB2480 Requiring that welfare documents be written in plain English and be easily understandable. HB2510 Extending the deadline for lawsuits in conjunction with use of the Dalkon Shield intrauterine device. HB2817 Prohibiting disconnecting phone service for unpaid bills when doing so would endanger a life.

HB2767 Forcing insurance companies to go back only three years on driving records rather than 10 years. SB769 Authorizing the secretary of state to audit an agency's performance as well as its financial status. SB690 Prohibiting paid petitioners. SB903 Installing the Legislative Counsel Office as the Legislature's lawyer. SB495 Allowing a jury trial in employment discrimination suits.

SB439 Removing the fact-finding step in negotiations with state workers such as firefighters, who are legally prohibited from striking. YnotiD homo? Komigj in equality By Ed Merriman For the Statesman-Journal By Debbie Howlett Of the Statesman-Journal Republican leaders in the Oregon House and Senate took different tacks Monday on overriding former Gov. Vic Atiyeh's vetoes. Veto messages from Atiyeh were read in the Senate, clearing the way for any of the 14 Senate bills vetoed after lawmakers adjourned the 1985 session to come up for a floor vote. Sen.

Tony Meeker, R-Amity, said Monday that sufficient support exists among the 13 Senate Republicans to join the 17 Democrats in overriding vetoes of at least five Senate bills. "I suspect the Republicans here will vote as they did in the past on those issues," Meeker, the Senate Republican leader, said. However, the Senate may put off voting until Wednesday, in deference to a struggle among House members, Senate leaders said. Several Republican representatives reported that the House Republican caucus will vote as a block to sustain all 15 of Atiyeh's House bill vetoes. There are 29 Republicans in the House.

It takes 40 votes in the House and 20 in the Senate to override a veto. Rep. Larry Campbell, R-Eu-gene, said a decision to vote as a block wouldn't necessarily be the product of bitterness about House rule changes. It could represent a show of support for Atiyeh, he said. "It'd be one for the gipper," Campbell said.

"It isn't a question of whether we support the governor's action or are dealing with the substantive actions of the bill. In our view, we can do both." Meeker was skeptical of such a stance on the Senate side. "As far as one for the gipper, we've pretty much delivered the message by reconsidering only four or five (vetoes). I think the gipper wins big in that one," he said. House Democrats said they have met with Senate Democrats to produce a list of nine measures from both chambers that they would like to reconsider.

Rep. to sit in the back on buses. They learned of non-violent marches led by King in Birmingham and Montgomery. And they heard of the 1963 march on Washington, D. where an estimated 200,000 supporters listened as he said: "I have a dream that one day this nation will rise up and live out the true meaning of its creed: We hold these truths to be self evident; that all men are created equal.

"I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood." More than 350 children listened quietly as a student, Anna Cherepanoc, 13, read the final verse of a poem she had written for the occasion. It was titled, "To Finish What You've Started:" "When we reach that point there will be no blacks or whites, for we will all join together to become one color, one land, one race, one color." Becky Torres, 13, said it is difficult for students at Woodburn Junior High to really understand what it was like to be a black or other minority in America in the 1960s. "If we had grown up being prejudiced, maybe we would be prejudiced against kids in our school from other races. But we're not like that. "Because of what King did, we grew up accepting each other." Gladys McCoy, chairwoman of the Multnomah County Board of Commissioners, was a keynote speaker at the school assembly.

"Things have changed as a result of King's struggle, but there are many more things to be done," she said. WOODBURN Smiling children of many races held hands, sang songs from the 1960s and learned of a time when racial equality was one man's dream. It was all part of a Monday morning assembly at Woodburn Junior High School honoring Dr. Martin Luther King Jr. Larry Menard, a social studies teacher at the school, said the Martin Luther King holiday has special meaning in Woodburn, where two-thirds of the students are Hispanic or Russian.

Students read poems, made speeches about how King's efforts have made the world a better place to live and sang such songs as "We Shall Overcome." They heard of a man who was put in jail because he protested against blacks being forced Shirley Gold, D-Portland, said the issues will come up on the House floor by Thursday at the latest. Gold, the House majority leader, said the Senate Republicans and Democrats and the House Democrats were comfortable with the list drawn up, putting the ball in the House Republicans' court. "If the Republicans are allowed to vote on the merits of the issue, I think these particular vetoes will be overridden," Rep. Ron Eachus, D-Eugene, an assistant majority leader, said. House Republicans met Monday for a half-hour but did not discuss veto overrides, caucus members said.

However, another caucus is scheduled today and the group hopes to come to some sort of decision. "I don't know that we're going as a group," Campbell said. "If we decide to sustain the governor's vetoes, it'll be because we support the decision." BlacEis- Continued from Page 1C. Buyer has chance of a ghost immJ! ft- Legislature Today i 2set-A SHAW ISLAND, Wash. (AP) Al and Lotte Wilding are inviting the adventurous to buy their old farm house and move in with Fritz, the harmless ghost of a man who died at age 21 during a 1918 flu epidemic.

"A gentle resident spirit" is part of the package, real estate ads placed last week said. "You just get used to someone else living there. Once you do that, it's no big deal," Lotte Wilding, who has owned the home with her husband for 28 years, said. Fritz Lee's grave is in a cemetery less than a block from the Wildings' waterfront property on Blind Bay. While the Wildings have never actually seen Fritz, guests and family members have fallen victim to a few of his pranks, they say.

Wilding, a retired Seattle police officer, tells of two fellow officers and their wives who spent a weekend in the house. The four were alone, sleeping in the first-floor living room, when they heard footsteps on the second floor. The sound descended the stairs and the door into the room opened. One officer drew his gun and turned on the light. AP photo Al and Lotte Wilding say this Shaw Island farm house is inhabited by a gentle ghost named Fritz.

farm house, Wilding said. "The property could easily be divided into four good waterfront lots," he said. When the Wildings purchased the home as a summer and weekend retreat, one of the upstairs bedrooms contained all of Fritz's schoolbooks and some letters to his mother. No one was there. Doors have opened at other times without a logical explanation.

They are doors that scrape against the floor and wouldn't swing open freely. Actually, whoever buys the 40 acres, priced at $800,000, is unlikely to retain the 100-year-old p.m., Hearing Room F. Agenda: organizational meeting and overview on issues of relevance to the committee by Mary Russell, Legislative Research; Jan Margosian, Consumer Protection Stuben-voll, 0SPIRG; Frank Brawner, Oregon Bankers Association; Brad Morris, Oregon Association of Realtors; Al Thompson, Standard Insurance; Kristine Gebbie, Health Division. Education, 1:30 p.m., Hearing Room D. Agenda: invited testimony and possible work session regarding report from Advisory Subcommittees to the Joint Interim Committee on Education; possible introduction of committee bills.

Housing and Urban Development, 8:30 a.m., Hearing Room D. Agenda: informational meeting with Maynard Hammer (Housing Division agenda), Ian McKechnie, (State Housing Council White Papers), and the House Interim Task Force on Mobile Homes. Intergovernmental Affairs, 1:30 p.m., Hearing Room E. Agenda: presentations by Special Districts Association of Oregon, Umpqua Regional Council of Governments, Portland Metropolitan Area Local Government Boundary Commission, Lane County Local Government Boundary Commission, Blue Mountain Intergovernmental Council. Revenue and School Finance, 8:30 a.m., Hearing Room A.

Agenda: informational meeting with presentations on Governor's recommended budget, revenue forecast, and Governor's revenue programs. Transportation, 8:30 a.m., Hearing Room E'. Agenda: staff will present a preliminary work plan to committee members. JOINT COMMITTEES Water Policy, 5 p.m., Hearing Room A. Agenda: organizational meeting; Bill Young, Director, Water Resources Dept.

Ways and Means, 8:45 a.m., Room H174. Agenda: public hearing with report from Interim Task Force on Teaching Here are the legislative committee hearings scheduled for today: SENATE Convenes at 10:30 a.m. Business, Housing and Finance, 1 p.m., Hearing Room B. Agenda: organizational meeting, confirmation hearing for Charles Davis to the Public Utility Commission. Human Resources, 3 p.m., Hearing Room C.

Agenda: introductions, adoption of committee rules, informational session with invited testimony from Health Services Coalition of Oregon. Judiciary, 3 p.m., Hearing Room 343. Agenda: organizational and informational meeting with overview of work done by the Joint Interim Task Force on Liability Insurance. Invited testimony only from Task Force co-chairs (Sen. Mike Thorne and Rep.

Bob Shiprack), Task Force administrator Catherine Webber, Jim Markee of the Oregon Trial Lawyers Association, a representative from CIELS (Citizens Initiative for Equity in the Legal System), and others to be announced. Labor, 3 p.m., Hearing Room B. Agenda: organizational and informational meeting with overview from Bureau of Labor and Industries. Revenue and School Finance, 1 p.m., Hearing Room A. Agenda: orientation and staff briefing on safety net proposals.

HOUSE Convenes at 11 a.m. Agriculture, Forestry, and Natural Resources, 8:30 a.m., Hearing Room F. Agenda: public hearing and possible work session regarding HB 2039 (amends existing statute relating to surface mining and modifies fees for permits), and HB 2041 (creates new provisions and amends existing statutes relating to mined land reclamation. Eliminates authority of State Dept. of Geology and Mineral Industries to waive requirement to reclaim mined Consumer and Business Affairs, 1:30 "He didn't feel that it represented the endorsement of one or two main individuals" then, Cawthorne said.

Some members are concerned that Goldschmidt will return to a paternalistic, disrespectful attitude they say he displayed toward blacks as mayor of Portland, Cawthorne said. But he said black leaders were willing to start fresh. "They were willing to set that aside," he said. "Like everybody else in Oregon, they want to hope, and they want to believe." Rep. Margaret Carter, D-Port-land, said she, too, had heard complaints from constituents.

But she said she would remain an observer unless asked to intervene. "If he did say he would consult on appointments, then it would be appropriate for the two groups to meet," she said. Some Salem officials reserved judgment, saying it was too early in the Goldschmidt administration to issue a civil rights score card. "I'm not ready to condemn the administration yet," Sen. Jim Hill, D-Salem, said.

"I'm still waiting to see what they're going to do with some of these middle-level positions." He praised Goldschmidt's appointment of Freddye J. Webb-Petett, former head of the Urban League of Portland, as director of the state's Adult and Family Services Division. The division heads the state's welfare system. But he said minorities traditionally are missing from the lower middle-management jobs. "In the past it's been nothing but what I consider tokenism," he said.

Ruth McEwen, chairwoman of the Salem Human Rights Commission, said Herndon should not worry yet about lack of access to the governor. "He hasn't had time to meet with anybody else," she said. "He hasn't met with the handicapped commission, either." McEwen, Hill and about 200 others filled the House chamber and gallery Monday afternoon for a birthday tribute to slain civil rights activist Martin Luther King, Jr. King's birthday was Thursday, but the state officially observed the holiday ljjonday. Pringle Continued from Page 1C.

Room tax gets look LINCOLN CITY Owners of vacation homes in this coastal city who rent out their homes to short-term users are in for scrutiny by a city committee, according to Mayor Dell Isham. Isham, who took over as mayor last week, said he has directed the transient room tax committee to come up with ways of ensuring that the tax is collected fairly. The 6-percent tax provides about $600,000 to the city's budget annually, he said, and pays for the city's tourism promotion as well as contributing to the street fund. The city ordinance requires that the tax be paid on any rental of less than a month, Isham said, One of the committee's tasks will be to figure out exactly what that means, Isham said. The committee has orders to report to the first city council meeting in March, he added.

music stand, Moravec explained to the students that they must take passes made of tile when they leave the classroom for the media center or restrooms. Fire drills will be run this week, he said. Moravec also told students that some work remains. "The staff is really counting on you to be patient," he said. "Our clocks are not perfect yet.

Our gym isn't quite ready." Schneider said the gymnasium should be ready today. Pringle Elementary was the last of three new schools to open this school year. Chapman Hill opened in September and Keizer Elementary opened after Christmas vacation. Construction of the three was financed by part of a $25.1 million bond that voters approved in September 1984. Keep mail ballot, Roberts says Chandra Laird, a fifth-grader, said she liked the big bulletin board.

Ryan Rouse, a fourth-grader, said he particularily liked the white board in his class because words and drawings could be made with a felt pen. But the students also had their dislikes. "I don't like the new smell," Earl Swiger, a fifth-grader, said. Fellow fifth-grader Melissa Nicholson assured Earl the smell of the new school would go away. Fifth-grader Steve Day said he wished the rooms had more windows.

With the new school came new instructions. Sitting on a tall chair facing a The Associated Press Secretary of State Barbara Roberts urged legislators Monday to extend the state's mail voting experiment for another two years. "It is a big step for me to be here before you asking for a two-year extension," she told the House State Federal Affaire Committee. Roberta has opposed vote-by-mail on grounds that it could lead to fraud. "My only reservation has been with the secrecy of the ballot," she said.

"I continue to have that reservation." She said mail voting clearly increases voter participation, which she said is good for the democratic system. i.