The Daily Messenger from Canandaigua, New York • Page 1

VOL. 175 NO. 254 CANANDAIGUA, N.Y.--WEDNESDAY, DECEMBER 1971 GOc A WEEK, HOME DELIVERED 15c A COPY Judgeship Dilemma In 7th District By TOM O'CONNOR The surprise announcement yesterday that Supreme Court Justice Carrollton A. Roberts will retire Feb. 1 has thrown Republicans in the eight-county Seventh Judicial District into something of a turmoil and has raised the fear that Ontario County will lose its high court Judgeship.

The reason for this is an expected announcement from Albany that Robert M. Quigley, Phelps lawyer and county i a i chairman, will soon be named to fill a Court of Claims Judgeship. It is doubtful that Monroe County Republicans will allow two judicial posts to go to Ontario County. Traditionally, Ontario County has had a state Supreme Court Justice, but the vacancy can be filled by a candidate from any part of the Seventh Judicial District consisting of eight counties. Justice Roberts has expressed his wish that County Judge Robert P.

Kennedy be appointed to succeed him. This appointment, plus the expected appointment of Quigley to the Court of Claims, would mean two appointees from Ontario County would have state high court judgeships. Goddard Retiring If named, Quigley would succeed J. Eugene Goddard of Monroe County, who will retire CARROLLTON A. ROBERTS Feb.

1 Justice Roberts Retiring State Supreme Court Justice Carrollton A. Roberts, 68, announced last night that he will retire Feb. 1, nearly two years before his current term expires. Justice Roberts has served on the court for the eight-county Seventh Judical District since 1967. A native of Geneva, the justice now lives in Canandaigua.

He will be 69 on Jan. 30. Justice Roberts was elected in 1967 to a 14-year term on State Supreme Court. His term would expire Dec. 31, 1973, but any successor appointed by Gov.

Rockefeller in the next few months would have to run for election next November. The post pays $33,000 a year plus $3,000 in expenses. Roberts was an a i County judge for 24 years before being elected to the stale court. The retiring justice said he is looking forward to retirement. "I will miss my work--I have been with the law a long time.

I have enjoyed my years on the bench. I may practice a little law--I'm not sure about it right now." He said he intends to remain in the Finger Lakes area "and play a lot of golf." Roberts served with the Army Engineers in France and Germany in World War I. He attended Cornell Law School and North Carolina law School. He was admitted to the New York State Bar in the early 1930s. He served seven years as Ontario County district attorney before being elected a county judge in 1943.

this week. This, accompanied by the announcement of Justice Roberts' retirement, means a struggle in Monroe and Ontario counties among the Republicans. In Monroe County, Assemblyman S. William Rosenberg, Brighton Republican, has been mentioned for the next vacancy on Ihe State Supreme Court bench. Others are also interested and may seek the post vacated by Roberts.

Because Roberts' term would expire Dec. 31, 1973 any successor appointed by the governor would have to run for election next November, another major consideration by political leaders. Judge Kennedy said today, "I hate to see Justice Roberts leave the bench. He is a good man." He said he is interested in the appointment. However, he indicated the surprise announcement by Justice Roberts will cause turmoil in Monroe County GOP circles.

As far as the traditional aspect of having an Ontario County appointee, Kennedy said, "They (Monroe County GOPs) could claim we still have a representative on the high court bench, Appellate Division Justice Frederic T. Henry." Justice Henry, although officially retired, still serves on the appellate court of the State Supreme Court. If Kennedy becomes the county GOP committee choice, his-name would-be-submitted for approval to the other seven counties in the Seventh Judicial District, including Monroe County, and then would be sent on to the Governor for his appointment. The same would be true of any other candidate considered here or in Monroe County. Reasonable Wish MOUNTBELLEW, Ireland part-time firemen in this small Irish town have announced their New Year's wish: A new fire engine.

Chief John Kceley said since the old one was taken out of service two years ago they have had to run to fires on fool, carrying hoses and pumps under their arms. Bomb Escalation Against North Is Now In 4th Day ON TARGET A North Vietnamese artillery tractor, 2V4 miles across the border in Laos, was detected and destroyed by a U.S. Air Force F-4 fighter-bomber on a mission over the Ho Chi Minh Trail. (UP! from U.S. Air Force) War Is War Protests Inevitable' Sadat Are Stepped Up By United Press International The semiofficial Cairo newspaper Al Ahram said today Egyptian President Anwar Sadat told his political leaders Tuesday that the decision to go to war with Israel is final.

Foreign Minister Mahmoud Riad added today that the of peace are dwindling. Arab political' observers in Beirut said if hostilities do resume it probably will not be immediately since Egypt already has announced its support for new peace efforts by United Nations peace negotiator Gunnar V. Jarring. The Swedish diplomat is expected to hold talks with Egyptian and Israeli representatives separately starting in mid-January. Al Ahram published a partial text of Sadat's speech to a joint session of the Central Committee of the Arab Socialist Union (ASU) and the People's Council (parliament) which met to take what Cairo Radio called "the final decision." "The decision (to fight) has already been taken," Sadat said.

"It remains the same." For New Voters By CAROL ROSS WASHINGTON (UPI) -Responding to a fourth day of large-scale American bombing attacks against North Vietnam, demonstrators 'sloshed blood in front of the White House Tuesday in the largest outbreak of antiwar activity in the United States since spring. As about 150 demonstrators marched single file past the White House, five young men stepped out offline and threw small plastic bags of blood to the sidewalk along Pennsylvania Avenue, stomping on them until 'the bags broke and the blood spurted. One of the demonstrators, identified as Tom Urgo, 22, of New Jersey, was arrested for littering. The demonstrators, led by members of Vietnam Veterans Against the War (VVAW) had marched from the Capitol to the White House before the blood incident. They then walked to Lincoln Memorial and sat on the stone floor around the huge statue of Abraham Lincoln.

Police moved in and arrested 87 of them on charges of disorderly conduct and obstructing a national historical monument. Earlier Tuesday, 15 VVAW members ended their occupation of the Statue of Liberty in New York, complying with a court order. They started the sit-in Sunday to demonstrate their opposition to the The increased air raids also prompted verbal blasts at the Nixon administration. The front-runner for the Democratic presidential nomination, Sen. Edmund S.

Muskie, joined another Democratic presidential hopeful in calling for an end of the raids. Sen. George S. McGovern, said the bombing was a new escalation that could lead only to "bloody reprisals" against the remaining U.S. forces in Vietnam.

Thirty-one House of Representatives members sent Nixon a statement saying the bombing would only serve to continue death and destruction in Southeast Asia. The Pentagon said again the raids were being carried out in response to North Vietnamese violations of understandings which led to the suspension of full-scale bombing of the north Nov. 1, 1968. It said the air attacks would be of limited duration. Today's Quote CHICAGO (UPI) Mrs.

Otto Svoboda, explaining how she roally had won $130,000 in the Irish Sweepstakes: "I couldn't believe it. But now when they tell me how mucli the government will lake I'm beginning to believe." By ARTHUR HIGBEE SAIGON (UPI) American jets bombed Norlh Vietnam again today in the fourth consecutive day of the most sustained raids on the north ever ordered by President Nixon. The Norlh Vietnamese fired missiles and antiaircraft artillery and sent up Soviet- built MIG jets against the U.S. planes. Military sources said the Communist opposition to the raids was light.

Radio Hanoi said seven American fight er- bombers had been shot down since the prolonged raids began Sunday. Hanoi Radio again denounced what it termed "the piratical air attacks by the American imperialist aggressors." It said U.S. planes bombed hospitals, schools and state farms. The U.S. command declined to comment but military sources said what Hanoi claimed was almost impossible.

The chief objective of the raids appeared to be to suppress just such antiaircraft reaction as the North Vietnamese came up with today. An increasing number of MIG jets had scrambled to challenge the U.S. planes. On South Vietnamese battlefronts, a U.S. Army OH6 observation helicopter was shot down along the Cambodian border Tuesday.

Its two U.S. crewmen were wounded. Military sources said the 'copter was flying in support of South Vietnamese 23rd Infantry Division troops. The broadcast identified the pilots as Capt. Paul Rosen, service number 316464799FR, date of birth Nov.

24, 1945; 2nd Lt. (first name unintelligible) Castille, born Dec. 13, 1946, service number 2754G8109FV. Officially, the U.S. command has maintained silence on the raids, citing the need for security because the raids were "an ongoing operation." Analysis UPI correspondent Arthur Higbee, writing from Saigon, said the sustained raids by supersonic Air Force and Navy jets are for the most part to make it once again safe for the much slower but bigger American B52s to keep bombing the I Jo Chi Minh Trail through Laos.

The B52s are pounding the supply trail, as they have been for years, to make it safe to continue the American troop withdrawal from Vietnam as the Vietnamese take over the American role in Vietnam. The latest air strikes are prolonged partly because the weather is bad over North Vietnam, making difficult both the bombing and assessing Ihe damage from Ihe strikes. Before the new air strikes were ordered, U.S. flights over the Ho Chi Minh Trail were getting very hazardous. In the past three months, Soviet-built MIG jets have made about 30 passes at the relatively vulnerable B52s.

On one occasion, the MIGs flew right through a three-plane formation of B52s with guns blazing, although to no effect. Statistics showed that at least six American fighter-bombers have been shot down or forced down this month--as many as three by MIGs. More Shooting Erupts In Ulster By COLIN BAKER BELFAST, Northern Ireland (UPI)--Gunmen and British soldiers exchanged shots along the Irish Republic border today and a hidden sniper opened fire on an army truck in Belfast, an army spokesman said. There were no casualties. The spokesman said four shots were fired at soldiers guarding a work crew depends on the of ing" secondary cooperate "in providing authoritative spokes- some civil rights leaders and Roman Catholic priests.

The circular appeared as the BBC announced it would postpone a televised "tribunal" on strife in Northern Ireland unless the Belfast government withdraws objections to the program. "Clearly such a program Buried Utilities Ordered ALBANY, N.Y. (UPD--Tele- phone and electric lines will have to be put underground in mostnew housing developments, the Public Service Commission ruled today. The commission said it was concerned about the visual im- pactofoverheadlines and ordered the new rules put into effect six months from now. Under the directive, lines must be put underground in developments of four or more units, including fownhouses and garden apartments.

The utilities must also provide up to 500 feet of underground cables to dwellings with existing systems, without cost to the developer. border. The soldiers could not see the gunmen but aimed shots at gunfire flashes in a field. Ten minutes later two more shots were fired at the soldiers. This time they saw a gunman and returned fire, the spokesman said.

The army has been destroying minor roads leading into the Irish Republic to stop the Irish Republican Army (IRA) from smuggling weapons and men into Northern Ireland. In the Andersontown area of Belfast a hidden gunman opened fire on an army truck, the spokesman said. Fire was not returned. In London an unsigned circular was distributed to news media claiming the British Broadcasting Corp. (BBC) censored certain news reports from Northern Ireland.

The circular called for a total ban on BBC newsmen in Northern Ireland "now openly act as censors" and have withdrawn permission for reporters and producers to talk to Hopes For Special TWO Issues Registration Fade Go Before Special Session Supervisors Legislative Leaders Iry Any remaining hopes of conducting a special voter registration drive in the county in the near future apparently have faded. Ward Robbins, chairman of the Supervisors Elections Committee, said yesterday -the subject of the drive will not be brought up at tomorrow's meeting of the Board of Supervisors. Robbins' committee had been asked to consider the matter by Ihe Finger Lakes Action Group (FLAG), which had proposed the drive to the County Elections Commissioners. The commissioners rejected the proposal. lOOHs in Goal FLAG had hoped to register several thousand persons, including the newly franchised 18- to-21 age group, new residents, those whose registration has lapsed, the handicapped, and others the organization feels have "special needs." The primary target for the drive, however, were high school students who will be old enough to vote in next year's elections.

A "voter education program," lo be presented in the county's high schools, was included in the proposal. Following a special committee meeting attended by the elections commissioners and Ihe county chairmen of both parties earlier this month, Robbins told FLAG coordinator John Lindner the committee would discuss the drive further. He also indicated the proposal would be brought before the supervisors at tomorrow's session. Spring Date OK Robbins said his committee has been assured by the elections commissioners they would be willing to approve a drive, but not until April 1. "Right now they (the commissioners) are working on voter lists that have to be done by late March," Robbins commented.

"So there's really nothing to bring up at the supervisors meeting." Further action by the elections committee is doubtful. Robbins and Henry Klemann of Richmond, another committee member, were both defeated for re-election in November. William McGowan of Geneva is the third member of the committee. Robbins said he has asked the elections commissioners to present (heir own plan for conducting the drive and to estimate the amount of money it would require. That plan is to be given to the committee this week.

Recommendations for the new elections committee will then be drawn up, according to Robbins. The Ontario County Board of Supervisors, at its final session on the year at 10:30 a.m. tomorrow in the Court House, is expected to consider two proposals--one concerns a new weighted voting plan, the other a central purchasing system. The proposals will be among other business on an agenda to be considered by a board which will have 12 of the 21 members sitting for the last time because they will not be reluming to office in 1972. Supervisor Harold Shafer of West Bloomfield has initiated action toward changing the board's present weighted voting structure.

Shafer, who will be returning to (he board, has introduced a resolution asking that the board set aside $2,000 to pay for computerization of a new weighted voting plan based on the 1970 census. The other resolution on the agenda, previously introduced by Supervisor Cylde Beebe Gorham, asks for approval of a plan which would provide that the office of Clerk of the Board of Supervisors would be the coordinating agency for all county purchasing. Beebe is one of the supervisors who will not be back in 1972. The meeting is open to the public. To Cut Down Tax 'Bite' By CLAY F.

RICHARDS ALBANY, N. Y. (UPD-Lcg- islative leaders, agreeing that some new taxes will have to be approved to solve the state's fiscal crisis, struggled today to cut down the $427 million tax package proposed by Governor Rockefeller. a i remained i on his tax proposal, including the controversial five per cent income tax surcharge that was under attack from both Republican and Democratic ranks. Assembly Speaker Perry B.

Duryea, seeking Democratic help to get taxes passed in his house, said he did not see "how some kind of revenue producing measure can be avoided." Duryea will take tax proposals to a closed door conference of Republicans in an effort to round up votes today. Sources said that if the speaker provides between 45 and 50 votes from his majority. Democrats will make up the remainder needed for a 76 vole majority. Whether a compromise agree- ment can be hammered out before New Year's Day, however, was uncertain. Assembly Minority Leader Stanley Steingut indicated that there were Democrats ready to vole for taxes, but only if Rockefeller drops the surcharge.

"We are not intransigent, we are ready to be responsible," Steingut said. "But we find the surcharge, with its impact on middle and lower income workers, particularly obnoxious." Steingut, Duryea and the two Scnateleaders, Republican Earl W. Brydges and Democrat Joseph Zaretzki, huddled with Rockefeller for more than two hours Tuesday and little progress was reported. Steingut said the governor refused to give in on the surcharge and that Ihe Democrats would not back down on their demand to eliminate it. Meanwhile both Democratic and Republican fiscal experts proposed long range fiscal plans to avoid future, stale budget deficits.

The most dramatic financial plan came from Assembly Ways andMeansCommitteeChairman Willis H. Stephens, R-Brewster, who proposed spreading the current $1.5 billion state deficit out over the next five years instead of the present 15 months. Stephens said his plan was not aimed at eliminating new taxes, which would still be Instead, he said, it would avoid another fiscal crisis men," the network said in a statement after the government of Premier Brian Faulkner criticized the plan and refused to participate. The hour program was to have brought representatives of the principals in Northern Ireland's two-year bloodshed before a "tribunal" chaired by Lord Devlin, former lord of appeal. The television program was to have been screened Jan.

5. But the BBC statement said that, because of continued objection by Faulkner's government "fresh thought will have to be given to its preparation for a later showing." Amid all the discussion the violence sputtered on, though still at a relatively subdued level since the beginning of the Christmas-New Year holiday week. Gangs of youths in Belfast's Roman Catholic'Andersons town district exchanged gunfire with British while their younger brothers played "IRA against the army" war games down the street. UPI reporter Frank Johnson toured Andersonstown and said the "bad guys" in such games wore mock British uniforms and carried replicas of the self- loading repeater rifle used by British troops. They also wielded toy models of Thompson machine guns.

In Shortstrand, another Catholic area, a 17-year-old youth was tarred and feathered, then tied to a swing in a children's playground, the army said. Tarring and feathering is a traditional IRA punishment for violations of its code. The Weather Mostly cloudy with chance of 3ht snow developing tonight, next fall and eliminate the need in 20s. Wet snow likely on for additional taxes in the re- Thursday, possibly becoming mainder of the five year period, mixed with rain during the afternoon. High near 35.

Gusty Stephensand Duryea said they southwest to west winds 15 to 25 were skeptical of Rockefeller's miles per hour becoming forecast of $400 million in ad- southeast 10 to 20 miles per hour ditional federal aid and felt that tonight, that much "iffy" money should not be included in the budget plan. In the Senate, fiscal experts were working on a plan that would provide for tax increases in mid-year only if Congress does not approve more revenue sharing. The taxes would be "triggered" into effect if Congress failed to act. (See weather map on page 2) The Canandaigua. Weather Station reports a 24-hour high of 39 degrees; low, 29.

The temperature at 8 a.m. was 31. This date last year the temperature was, high. 24; low, 14. At 8 a.m.

it was 15. LAKE LEVEL Dec. 27,1970 687.89 Dec. 27,1071 686.69.