The Greenwood Commonwealth from Greenwood, Mississippi • Page 1

COLLEGE FOOTBALL SCORES Hire 7 lexiis 37, Texas Tech 14 N. Carolina 59, William Mary 36 S. Carolina 55, E. Tenn. St.

7 Indiana 31, Michigan St. 0 Delaware St. 37, Jackson St. 34 Pittsburgh 24, Maryland 20 Duke 17, Vanderbilt 13 Miami 40, Oklahoma St. 3 N.

Carolina St. 28, Georgia Tech 21 Miss 35, Kentucky 14 Miss. Valley 7, Southern U. Southern Miss. 10, Auburn Alcorn State 46, Howard 27 0 9 TC3E GREENWOOD mm OS) vrau ou 9bth Year Greenwood.

Miss Sunday. October 6. 1991 75c Florewood Festival Ige rales Schissel ueiemds city for mow Panel to hear complaints of council soon By MIKE McNLlLL Managing Editor Both sides in two lawsuits over Greenwood Mayor Louis Fancher's powers of appointment received nme of what they wanted Friday from a federal court ruling Mayor Loui. Fancher got some temporary relief when U.S. District Court Judge Glen Davidson ruled that Fancher's appointment of Luke Schissel as city attorney will stand at least for now.

The Greenwood City Council's black majority got part of what it wanted a decision by Davidson that their complaints about Schissel's appointment be heard by a three-judge panel as a possible violation of 2 and 5 of the federal Voting Rights Act. Davidson, in an opinion and order issued based on testimony he heard Monday in Oxford wiiic that "arguably, tt c.r is- 'nerely a power d.sp iff 'he legislative and enuint branches in Greenwood, a dispute best settled by the interpretation of Mississippi statutes in state court." Fancher sought such a ruling from Davidson, but he didn't get Davidson also kfergarvt Own STUDENTS FROM THE Indianola Crossroads Gifted Class attended the annual fall festival at Flo-ewood River Plantation State Park Saturday. During a tour of the plantation Lola Brown showed the students which ingredients are used to make soap. The festival lasted from 9 a.m.-5 p.m. Saturday.

Mason-Dixon poll shows Briggs putting pressure on Brad Dye SB No. wrote that "the court cannot say that the Voting Rights claim of the four black council members is 'a wholly insubstantial' or 'entirely frivolous' one. Where an arguable Section 5 claim exists, it is not for this court alone to determine Section 5 coverage." Section 5 of the Voting Rights Act requires that changes in voting and election procedures adopted by governments in Southern states must first he approved by the U.S. Department of Justice. This procedure is known as "pre-clearance." Fancher, through attorney Webb Franklin of Greenwood, contends that the question of his appointment powers shouldn't be at issue in the federal courts and asked that his lawsuit against the council be remanded to Leflore County Chancery Court.

After appointing Schissel, Fancher sued the council. He wanted Judge Jon Barnwell to issue an order preventing interference with his appointments. "The (federal) court will request the -convening of a three-judge court for the determination of Section 5 coverage. Thus, the motion to remand filed by Mayor Fancher must await the determination of the three-judge court," Davidson wrote. "At the same time, the court denies the motion for preliminary injunctive relief filed by (Greenwood councilman David) LUKE SCHISSEL, RIGHT To Jo Claire Swayze (see related article).

Davidson ruled that Fancher's choice for city attorney, Luke Schissel, may remain in that post until a three-judge federal panel can the Sept. 17 and Oct. 8 party primary and that Ms. Montgomery violated state codes on several occasions. The most serious of the accusations involve absentee ballot fraud.

Ms. Montgomery, the fron-trunner in the Sept. 17 primary, faces Trey Evans in Tuesday's runoff election. In a letter dated Oct. 3 to Assistant District Attorney Noel Crook, committee members asked Crook "to take whatever steps necessary" to remove Ms.

Montgomery from her position as county registrar. The following are the accusations and Ms. Montgomery's Council meeting grinds to halt Jordan and his fellow council members. The court is not at all certain that a three-judge court will decide in favor of Section 5 coverage, nor does the court see a 'substantial likelihood' of success of the council members on their other claims," he said. Davidson found it necessary to do something about the deadlock in the appointment of a city attorney.

Fancher's decision to appoint Schissel through an executive order without council confirmation was followed by the council's lawsuit. The way Davidson sees it, "The dispute now centers on the appointment of a city attorney and whether the mayor's temporary appointment of Luke J. Schissel as an interim city attorney is valid given the council members' refusal to confirm the appointment and their desire to have an African American attorney by the name of Willie Perkins appointed to the position instead. "Concerned that the city's ability to defend itself in new aid is in jeopardy the impasse, the court willtiorder that Schissel continue to serve as city attorney until three-judge court can convene to determine Section 5 coverage and until the question of the mayor's authority is fully and finally resolved," Davidson wrote. Davidson also ordered Schissel to be, "appropriately compensated by the city." PASSES DOCUMENTS and Arthur Floyd decide if a state or federal court should decide if Schissel should continue.

See COUNCIL, page 9 responses: "Removal of poll books: By law, I am the custodian of the poll books. The fact that I elected to review some of those books at my home on the day after the first primary election had nothing to do with the ballot which were cast and nothing to do with the outcome of the election. According to the attorney general's office, I have done nothing illegal or improper in reviewing some of the books at home, "Had I been given the proper notice that the Democratic Executive Committee desired to canvass the election returns and the poll books after hours on Sept. 18, I would have By MIKE McNULL Managing Editor Lt. Gov.

Brad Dye appears to have another fight on his hands as he seeks re-election. Dye, who was almost upset by state Sen. Ken Harper in the Democratic Party primary almost three weeks ago, heads into the November general election with his Republican challenger gaining ground in the latest Mason-Dixon Opinion Research poll. A poll of 849 persons likely to vote in the Tuesday, Nov. 5 election gives Dye 48 percent of the vote against 29 percent for Republican Eddie Briggs.

Independent Henry Kirksey holds 9 percent while 14 percent are undecided. While Dye hovers around the 48 percent mark, Briggs has gained 8 points in the past month. An analysis of the poll makes it appear that Briggs can beat Dye in Eastern Mississippi, Southern Mississippi and in Jackson Southwest Mississippi. Dye holds only a slight 3 to 5-point lead in those areas with about 20 percent of the electorate undecided. Dye has big margins elsewhere, including 64 to 17 in Northern Mississippi and 59 to 16 in the Delta, where Kirksey polls 19 percent of the vote.

By MIKE McNEILL Managing Editor The continuing legal battle between Greenwood City Council members and Mayor Louis Fancher Jr. boiled Friday during a special council meeting. In fact, it was so distracting that the council voted to meet again Monday to act on one of the issues black council members say is behind the controversy the quality of the city's past legal representation. Friday's special meeting had been called for the purpose of deciding who will represent the city in the Earl Roy "Fatty" Cooper case. The council decided to meet Monday to consider hiring Claire Dickerson of Jackson in the case.

About 30 minutes before the council meeting, city officials received copies of a memorandum decision from U.S. District Court Judge Glen Davidson wide open contest. With 26 percent of the likely runoff voters still undecided, Steven Patterson holds a 40-34 edge over Ryan Hood. These numbers generally reflect the results of the September primary, although Hood has moved a little closer." In the remaining statewide race, Insurance Commissioner George Dale, a Democrat, holds a 55-18 lead over Republican David Anderson. Twenty-seven person are undecided.

Dale polls more than 54 percent of the vote statewide except in Southern Mississippi, where he has a 48-28 percent lead with 24 percent undecided. The Mason-Dixon poll was conducted by telephone between Monday and Wednesday last week. It has a margin for error of 3.4 percentage points. This means that there is a 95 percent probability that if the entire population were sampled, the result would fall within the 3.4-percentage point swing. THe margin for error is higher for subgroups, such as regional or racial groupings.

Mason-Dixon Opinion Research, of Columbia, conducted the poll for a consortium of Mississippi newspapers and television sta-tions, including the Commonwealth. missioners. The eligibility of voters to be listed in this book is determined by the applications which the voters have filed. These applications are public record and have always been available for inspection by the election commissioners and the general public. No member of the election commission has ever made a complaint to me about their inability to inspect the book or the affidavits.

"Refusal to provide absentee ballot applications to qualified absentee voters: Neither I nor any member of my staff has ever refused to provide an absentee ballot See MONTGOMERY, page 9 Briggs Brings and Dye split the white vote with about 40 percent each. Dye controls 65 percent of the black vote, while Kirksey who is black polls 22 percent. Briggs is supported by only 4 percent of blacks. Nine percent of black voters and 17 percent of white voters are undecided. Mason-Dixon's poll analysis says Dye is hurt by the 32 percent of the voters who attach unfavorable opinions to his name.

He is rated favorably by 36 percent. "If Briggs can just increase his name recognition, he stands an excellent chance of picking up a lion's share of the 'undecided' voters. If Kirksey managed to continue to drain black voters from Dye, a Briggs upset is a distinct possibility," the analysis said. The poll reports that the upcoming Democratic Party runoff for auditor "remains a dates to appear on the ballot is the duty of the executive committee, not the circuit clerk. "Failure to keep an accurate public listing of absentee voters: This allegation is purely and simply a lie.

As required by law, this public record has been maintained in my office since I have held the office of circuit clerk. This record is always located on the front (public) counter of the circuit clerk's office and is always available for public inspection. "Failure to submit list of absentee ballot recipients to the election commissioners: The book just described contains this list. It is always available to the election com Dye Clerk responds to request for removal as registrar attended personally and all of the books would have been available for their inspection. "Failure to maintain proper office hours: The only time that my office has not been open for the conduct of business relating to absentee ballots was Saturday, Sept.

28, 1991. There was no reason to open on this day because the State Executive Committee had not then certified all of the candidates whose names would appear on the ballot for the second primary. Until my office has been supplied with the names to appear on a ballot, no ballots can be provided to absentee voters. The certification of the names of the candi Leflore County Circuit Clerk Ian Montgomery responded Saturday to accusations made against her by members of the Democratic and Republican election committees. In a five-page, typed statement, Ms.

Montgomery took issue with charges leveled against her and her office by four election committee members who asked that she be removed as county registrar of voters The members included both the Democratic and the Republican party chairmen. They claim the circuit clerk's office has been involved in illegal voting activities surrounding.