The Burlington Free Press from Burlington, Vermont • Page 13

6 urltngt0tt tn firm Births 2B Deaths 2B Legislature 3B Saturday, March 26, 1977 Paquette Bars Nuclear Issue From Ballot Paquette said he expects to have his decision challenged in the courts by the anti-nuclear group. "I don't feel that it is legal to put this question on the ballot," said Paquette, "but I expect these people will bring this up to be decided before some judge, somewhere." Vermonters for Safe Power had sought to add to the special ballot a question asking voters to ban the construction of atomic power plants and the transportation or storage of nuclear wastes within city limits, a resolution similar to those adopted in more than 30 Vermont towns at March 1 town meetings. The group has presented City Clerk Frank Wagner petitions containing 1,724 signatures, well over the 1,284 (5 per cent of registered voters) required by law. David Kelley, attorney for the group, said it is well prepared legally to challenge the mayor's decision in court. "I'd like to say we're going to court," he said, "but I haven't met with the group's leaders yet." Amy Demarest, a spokesman for the group, said members will meet Tuesday to discuss their legal options, adding she believes there is solid ground for a court challenge.

Kelley and Whitey Bluestein, di-. rector of the Vermont Public Interest Research Group (VPIRG), sent a letter Friday to the mayor outlining the group's arguments for authorizing and enforcing the ban. The letter points to the authority of the city to restrict commercial nuclear reactors through planning and zoning laws. Bluestein said the Federal Haz-Turn to PAQUETTE, Page 2B I i jr- Fre Pr.ii Photoi by TIM RIVERS Dancing Days to receive $25,000 from the third annual marathon. John Nichols, above, of radio station WJOY is emcee-ing the entire event, broadcasting live every hour.

Debbie Cox, Laurie Furman and Susan Bristol of Essex, left, are among the dancers. Contribution pledges may be called in during the marathon at 655-081 1. Young Alison Kinion, above left with Nancy Kinion, was first to doze off after 88 couples started dancing at 7:30 Friday evening in the Ross Sports Center at St. Michael's College. It's a 40-hour marathon to benefit the fight against Multiple Sclerosis.

Bev Noyes, executive director of the area Multiple Sclerosis, said the society hopes By JOHN MAHER Fm Press Correspondent Mayor Gordon Paquette said Friday he has decided not to include a nuclear ban question on the city's April 26 special election ballot, in spite of petitions circulated by Vermonters for Safe Power that contained enough signatures to put the issue on the ballot. Paquette said he based his decision on the legal opinion of City Atty. Joseph McNeil. McNeil said his opinion is based on section 25 of the City Charter, Railroad By KATHERINE GREGG Free Press Capitol Bureau MONTPELIER A municipal league spokesman and several lawmakers expressed concern Friday that the Snelling administration plans to divert federal Public Works money away from town projects, a.id to the $7.2 million rehabilitation of the former St. Johnsbury and Lamoille County Railroad.

At issue is the use of the $30 million gift Vermont expects to receive under the Public Works program next year if legislation pending in the U.S. Congress is 11 jlltf J. tlSrlf ll I I r- L. J. Vermont Roundup Cambridge Man Held in Shooting CAMBRIDGE Richard A.

McClane, 24, of Cambridge was arrested by Vermont State Police on charges of aggravated assault and intoxication following a shooting incident at a Cambridge nightspot Thursday. State police were called to the Cellar Bar about 9 p.m. by a report that an unruly patron had discharged a pistol inside the bar. The shot went through a wall and a door and lodged in the furnace room. McClane reportedly threatened some of the patrons before the shot was fired, po lice said.

Nobody was injured. Accidents Blamed On Icy Roads HYDE PARK Snow and icy road conditions were blamed by state police for two motor vehicle accidents on Vermont 100 in Hyde Park and Waterbury Center Thursday. State police said a New England Telephone and Telegraph van operated by Walter J. Ten-ney, 43, of Barre flipped in Hyde Park about 5 p.m. Police credited a seat belt with saving Tenney from injury.

Two hours later, a 1974 sedan operated by Walter R. Dunn, 41, of Waterbury Center went out of control on the icy pavement in Waterbury, struck a dirt embankment, crossed the highway and went off the side of the road, police said. Missing Man Puzzles Police Burlington police were still puzzled late Friday night by the Thursday disappearance of Wendell J. Emslie, a 63-year-old employe of a jewelry store and a former loan company manager. The Lippa's Inc.

courier-salesman was last seen in Colchester about 10:30 a.m. Thursday. His personal car was found at the Ethan Allen Shopping Center on North Avenue Thursday evening. Police said the car contained business and personal papers and all the jewelry Emslie was known to have with him. He was transporting "nothing of any great value," police said.

Police said there were no outward signs of a robbery or of violence and said there has been no indication of kidnaping. Detective Kevin Bradley said several leads were checked Friday but none led anywhere "and we're right back where we were." About five other policemen are working with Bradley in the investigation. Emslie, a Shelburne resident, was manager of the Burlington Beneficial Finance office from the day it opened about 34 years ago until he left that company about three years ago. School Board Hears Report RICHMOND The Mount Mansfield Union High School Board heard a report on basic competencies this week from Mark Kennedy, principal of the Camel's Hump Middle School. Kennedy described the min-imum requirements in mathematics and language arts that students must meet to graduate from high school to school directors in a meeting at Camel's Hump Thursday night.

which states that special city elections can be convened by petition of at least 5 per cent of the city's total voting population only if the question presented is of "legal purpose beyond jurisdiction of the City Council." McNeil advised the mayor Friday morning that the nuclear question is not of "legal purpose and therefore unenforceable." McNeil also said the city would be powerless to take any action on the nuclear matter regardless of the outcome of a vote. Funding Without naming the source of his information, Vermont League of Cities and Towns Director Robert Stewart confirmed he has been alerted to keep his eyes open for a Snelling administration move to use some of this money for the railroad rehabilitation project. Protesting against any such move, Stewart said, "We were very pleased when (former) Gov. Salmon decided the state projects shouldn't participate in this program, because the communities need the money more. We don't see any evidence to prove otherwise." "I never heard of any such plan," Gov.

Richard Snelling retorted in a separate interview. Snelling said that "early, early on" when he supported the major railroad rehabilitation project, he indicated the state "would explore the possibility of participating in the programs of the federal government." The governor would not rule out a tapon the Public Works funds, making that move a "possibility," but he said that at this point he is Piece Together in Berlin Murder r-t irmT 1 1 Ifift I jr r. Officials Evidence By VINCE ILLUZZI Free Press Correspondent BERLIN Officials investigating the murder Thursday of 31 -year-old Norman Mercier, the manager of the Twin City News adult bookstore, met late into the evening Friday piecing together evidence that they hope will lead to a suspect. Washington County State's Atty. Gregory McNaughton and State Police Sgt.

Laurence Wade of the Bureau of Criminal Investigation (BCI) met with Medical Examiner Lawrence Harris to determine any possible motive behind the shooting death of the Barre resident, who had been employed at the store for several weeks. A state police source reported that only $16 was missing from the store's receipts for the day totaling almost $1,000. He also said the store was ran State police crime laboratory technicians spent several hours at the scene late Thursday collecting fingerprints and other evidence. Richard McMahan, manager of the Lafayette Radio store a few doors away from the bookstore, said he entered the store after making the ambulance call and found Mercier lying behind the front door in a pool of blood. Another Lafayette employe said the victim seemed conscious and was attempting to talk.

Police would neither confirm nor deny a report that they had obtained a statement from the victim before he died. Berlin Town Clerk Mabel Brown said the murder is the first in the municipality since 1954, when Max L. Crossman of Jones Brook Road was killed. gone to the larger communities. They ought not to complain if some proportion of these funds went to strengthen areas with chronic and prolonged economic problems," he said sacked, with a table overturned and printed matter strewn on the floor.

Harris performed an autopsy Friday morning and concluded the death resulted from a gunshot wound to the head. Blood was found at both the rear and the front of the store, where the victim was found by a close friend about 5:40 p.m. The manager of a neighboring store In the Twin City Shopping Plaza said he heard "commotion" in the adult bookstore about 4:45, the source reported, but heard no gunshots and did not investigate. The Montpelier ambulance was summoned at 5:45 p.m., arrived about 10 minutes later and took the fatally wounded father of three to the Central Vermont Hospital in Berlin. He was later transferee) to the Medical Center Hospital in Burlington, where doctors pronounced him dead shortly after 10 p.m.

"rank speculation," Snelling added, "A fair and proper use of these federal dollars would be to allocate them to strengthen rural areas and areas of high unemployment. "So far most of this money has 'Plan' Criticized, Denied convinced the state has the capacity to bond for the railroad improvements instead. Then, labeling the "rumors" of the plan that have spread through the Statehouse corridors this week Leahy: Family Farm Must Survive Leahy said, "Any reduction in energy going to that area would have little influence on the total U.S. energy picture, but would have a serious disruptive effect on agricultural output." Leahy said greater emphasis should be placed on "noninterruptible, nonfinite" energy sources, such as wind, methane and solar energy. "A lot of money will have to be spent to make them economical, but these will be the infinite sources," he said.

Food, Leahy said, is now the only area of basic human necessity where the United States can be self-sufficient. "Shelter has been priced out of reach for many," he said, and "for heat, we're at the mercy of the oil embargo and a technology that doesn't work." "Do we really want a small handful of corporations controlling the food supply? I think not," Leahy said. He concluded, "We better take a close look at our policies and see how much longer we can provide that basic necessity to our own people and people around the world." By MARIANNE CRAVEN Free Press Correspondent MIDDLEBURY U.S. Sen. Patrick Leahy, D-Vt urged Vermonters Friday to "work together to ensure that family farms survive" because "If we don't, our independence in agriculture will disappear." At an evening forum on The Survival of the Family Farm in Vermont," Leahy told more than 100 Addison County residents that "land grab" proposals, set up by corporate giants, could result in "a nation of sharecroppers." "It is time for family farm legislation with stringent antitrust regulations which prohibit business with major holdings in nonfarm assets from also engaging in agricultural production," said Leahy.

Leahy said the bias against small producers in U.S. agriculture programs must be eliminated, and said there should be more research to develop "low-cost mechafflsms for our small farmers." Quoting statistics which show the "relatively modest" use of energy by agricultural production, SOUTH BURLINGTON LEGAL NOTICE PUBLIC BUDGET HEARING Notice it hereby given that a Public Hearing will be held on the City of; South Burlington 1977-78 Fiical City Budget including Federal Revenue Sharing Fundi and the South Burlington School District Budget for the 1 977-78 fiscal year. The Hearing will be held on Thursday, April 7, 1 977, at 7s30 P.M. at the South Burlington High School Auditorium on Dorset trMt in South Bwiington. South Burlington City Council.