The Post-Crescent from Appleton, Wisconsin • 10

n. TOUR CCMTACT: Amy Pelishek, news editor 920-993-1000, ext. 286 mail: PC Newsathenet.net B-2 TUESDAY, AUGUST 25, 1998 IN THE Officials happy court says no to census sampling state fought sampling in a case that went to the Supreme Court. The 71-page opinion Monday noted that "had Congress wished to authorize sampling techniques employed in the apportionment enumeration, it could have done so quite simply." After a lengthy political struggle last year, the White House and By The Associated Press A federal court decision barring the use of statistical sampling for the 2000 census won praise from Wisconsin officials who contended sampling would penalize the state and could cost it one of its congressional seats. "This decision supports what Wisconsin has been arguing for some time," Wisconsin Atty.

Gen. James Doyle said. "Wisconsin will fare better under an actual census count." The three-judge panel in Washington, D.C., did not rule directly on the constitutionality of sampling, but said its use "to determine the population for purposes of apportioning representatives in Congress among the states violates the Census Act." The Census Bureau and many Democrats backed the use of statistical estimates as a way of compensating for the expected undercount of the poor and minorities. Many Republicans opposed sampling as favoring the Democrats. The traditional census method involves mailings and door-to-door surveys.

Studies have shown that, if sampling had been used in the 1990 census, Wisconsin would have lost one of its House seats. Instead, the liflb -r High court vacancy concerns justices Post-Crescent photo by Ben Jones AS TREES STAND STRIPPED of their foliage, Wisconsin Public Service Corp. crews work to repair power lines Monday in the area near Egg Harbor hit by a tornado Sunday evening. While officials assess damage, Egg Harbor residents pick up TOTE FROM POST-CRESCENT SERVICES MADISON Killer gets two life sentences second time After nearly a decade, Laura Townsend got to face her "demon" in court the man who killed her mother in a shooting spree at the City-County building. Townsend was 8 years old when Aaron Lindh entered the local government headquarters and opened fire.

He killed county corporation counsel secretary Eleanor Townsend and the county coroner, and he also wounded a state employee. "I think a lot of us here today would feel a lot better if you'd say you're sorry," Townsend, 19, said. But Lindh, 29, declined the opportunity to speak before being sentenced Monday by Dane County Circuit Judge Robert Pekowsky. He was sentenced to two consecutive life sentences plus 35 years and 90 days. It's the same sentence Pekowsky gave Lindh a decade ago.

Lindh had already been convicted of the killings, but he appealed and won a new trial on whether he was sane during the January 1988 shooting. After a five-day trial, a second jury ruled Saturday he was sane, sending him back to prison Instead of a mental institution. MADISON Environmentalists sue to get pesticide information An environmental group has gone to court, trying to force a state agency to release information on pesticide use at specific schools included in a recent survey. The Wisconsin Environmental Decade filed its lawsuit Monday against the Department of Agriculture, Trade and Consumer Protection and said the public has a right to know the pesticides used by individual schools. "I do not think government should be keeping secrets, especially in regard to public health," Pam Porter of Wisconsin Environmental Decade said.

The department earlier this year conducted a survey of school pesticide use and released a summary of responses Aug. 12. The summary showed 90 percent of schools use pesticides indoors and outdoors, but few have policies on their use. GREEN BAY Investigator, accused of murder, resigns A former arson investigator accused of strangling his wife and then setting her living room and body on fire has resigned from the police force. John Maloney, 41, of Green Bay submitted his resignation Monday, a day before a termination hearing had been scheduled by the Police and Fire Commission.

Maloney is charged with first-degree intentional homicide, arson and mutilating a corpse in the death last Feb. 10 of his wife, Sandra, 40. Authorities say he strangled his wife during an argument about their impending divorce. If convicted, he could be sentenced to life plus 50 years in prison. He is being held on $1 million cash bond.

In his letter to Police Chief James Lewis, Maloney said his resignation was effective Sunday. DEATHS DATTERMANN, Virginia 79, 525 N. Oneida Appleton. ERNST, Randy 40, 851 American Drive, Neenah. MUELLER, Arthur 83, Weyauwega Health Care Center, formerly of E7674 Symco Road, Town of Bear Creek.

PETERSON, Hilda; Menasha. RA1MER, Gerald; 60, 1225 Green Acres Lane, Neenah. SCHAUB, Germaine 95, St. Joseph's Residence, New London. VANDER HEYDEN, Henry; 68 205 Black Kaukauna.

WEYENBERG, John; 95, 2915 N. Meade Appleton. XIONQ, Mai; 42, 410 E. 20th Kaukauna. DEATHS ELSEWHERE MARKOFSKJ, Mary 59, Chicago, Ill-sister of Beatrice' Meulemans, House Republicans agreed that the Census Bureau could make preparations this year for the use of sampling in 2000 but that Republicans would also challenge the method in court.

President Clinton has threatened to veto the spending bill for the departments of Commerce, Justice and State if it contains House language blocking the use of statistical sampling. Sampling advocates, led by House Minority Leader Richard Gephardt, said they planned an appeal to the U.S. Supreme Court. Sen. Herb Kohl, said the court decision bolsters Wisconsin's contention that the only just and fair census was one based on an actual count.

Through sampling, "states like Wisconsin, with admirably high response rates, would be penalized unfairly," Kohl said. Assembly Speaker David Prosser of Appleton, Dane County Circuit Judge Gerald C. Nichol and Madison attorney Donald L. Bach, a former deputy secretary of the state Revenue Department. Chief Justice Shirley Abraham-son, said the court could operate with less than its normal number of seven members.

"But there's a reason that an appellate court has an odd number of justices, and that's to avoid tie decisions," she said. "So that is a concern." With only six members, the court could tie at 3-3, which would allow the lower court decision to stand, Bablitch said. Justice Jon Wilcox, who was appointed by Thompson to the court in 1992, defended Thompson and said he wasn't named to the court until Aug. 30. "Ideally, we'd like to have all seven, but I think there's nothing wrong," Wilcox said.

"We can operate down to four, if we had to. It takes four for a quorum." Justice Janine Geske announced her resignation in February. will find son's killer announcement, said Bill Schroeder, Orde's assistant to the vice president for outdoor advertising. "It's hard to have closure when your son has been killed and there's nothing moving in the investigation," Schroeder said. "We're hoping someone will come forward and help." Vincent Printing, a Hixson, company that has worked with Orde in the past, agreed to donate the cost of reproducing1 McLean's photograph, and Orde donated the billboard space, Schroeder said.

don. MORGAN, Jamie 17, N6302 State 49, Weyauwega. Placed on probation for two years, ordered to serve 10 days in jail and directed to pay $1,084 in restitution on a charge of battery, stemming from injuries he caused to another student March 30 at Weyauwega-Fremont High School. The charge was amended from a. felony to a misdemeanor in a plea aqreement.

LOTTERIES Drawn Monday Wisconsin: Daily Pick 3: 9-5-3 Daily Pick 4: 0O9-9 Cash 4 Life: 9-1089-93 Supercash: 04O8-11-1632-35 Illinois: Pick Three (evening): 6-2-7 Pick Four (evening): 0-1-6-9 Michigan: Cash-5: Daily-4: Daily Lottery: 0-9-1 He credited the advance warning from local television and radio stations and the National Weather Service for helping to avoid serious injuries. If Gov. Tommy Thompson asks the president to declare a disaster area, Johnson said he would support the request, although he wasn't sure if the storm damage was enough to qualify for federal assistance. The twister came ashore at 6:29 p.m. about three-quarters of a mile south of Murphy Park in the Town of Egg Harbor.

It cut a path of damage about one mile wide and three miles long to Lost Lake, where the storm apparently dissipated. With a 20-minute warning of the approaching storm, Williams said the county's emergency response plans were put to work. Weather spotters were sent to observe and track the storm. "We had several people call us and say they were videotaping this thing, and we had to tell them it probably was not a good thing to do," Williams said. "We advised them to seek shelter." and barns were destroyed or heavily damaged.

Some livestock were lost, but no exact count was available. The tornado toppled power-lines, knocking out electricity for about 10,000 customers, but power was restored to all of them by Monday night, Wisconsin Public Service Corp. reported. At a news conference, Williams said a dollar estimate of damages would not be available for two or three days. He said he has not seen such heavy storm damage in more than a dozen years as a paramedic in Door County.

Steve Sell, director of the state Department of Emergency Management, accompanied Williams and other officials on a helicopter survey of the storm area. U.S. Rep. Jay Johnson, who went on an aerial tour with Door County Sheriff Charles Brann, said he was amazed at the destruction, especially the trees that were flattened. "One of the things you noticed right away was how people were rebuilding," Johnson said.

MADISON (AP) Some members of the Wisconsin Supreme Court are questioning why Gov. Tommy Thompson has not filled a vacancy on the court more than three months after receiving a list of finalists, a report said today. "We're getting very concerned because our oral arguments are coming up Sept. 9 and 10," Justice William A. Bablitch told the Milwaukee Journal Sentinel.

"And if that appointment isn't made, starting off a session with six people could cause huge problems." John Matthews, the governor's chief of staff, said Monday that Thompson has been too busy to interview the three finalists. Thompson is in Wausau this week as part of his annual effort to bring state government to other areas of the state. "We have been busy with this project, the National Governors' Association (convention) in Milwaukee, and just because of scheduling, we haven't gotten interviews done yet," Matthews said. "But we're hoping to do that soon." The three finalists are former Mom hopes billboard GREEN BAY (AP) Using donated billboard space, the mother of a slain teen-ager is advertising for new information that could help police find her son's killer. Chad McLean, 19, of Green Bay, last seen alive Feb.

22 near a restaurant on U.S. 41-141 in Abrams, was found dead a month later in the Pensaukee River. Oconto County authorities said the death was a homicide. McLean's mother, Carol Niel-son of Green Bay, approached Orde Advertising of rural DePere about posting a public service Street, Neenah. A resident reported to police that an intruder entered her apartment early Sunday and took $800 worth of jewelry, personal items and cash.

Police said they have a suspect. STOLEN VEHICLE, Two Green Bay brothers, ages 15 and 16, were held in secure detention in the Outagamie County Jail after being stopped Friday morning driving a car they had stolen from Green Bay. Police said the two boys ran away from shelter care and took the car from the home of an acquaintance. COURT REPORTS WAUPACA COUNTY ADKINS, Marvin 37, Tigerton. Placed on probation for one year and ordered to serve 30 days in jail for possession of THC.

A companion charge of possession of drug paraphernalia was dismissed and read into the record. Adkins was arrested after a Dec. 23 traffic stop in New Lon EGG HARBOR (AP) Dramatic videotape captured some of the action when a waterspout over Green Bay suddenly turned into a tornado that cut a swath of destruction in this tourist mecca in northeastern Wisconsin. Marvin Robertoy didn't need video images to remind him of the storm's devastation in this part of the Door Peninsula. "I tried to sleep, but every time I woke up I could see it in my head," he said Monday, as residents and emergency workers checked the extent of the damage.

Robertoy and his family own State 42 in the Town of Egg Harbor or, at least, what is left of it. The shop was one of several buildings destroyed by the tornado Sunday evening. No one was killed and only minor injuries were reported. Everyone in the storm area was accounted for during a massive search-and-rescue operation Sunday night, said Dan Williams, Door County emergency government director. About 25 homes, businesses SCHILL, Margaret 60, Pewaukee, mother of Laurie Jensen, Combined Locks.

THEISEN, Kate infant daughter of Christopher and Tara Theisen, Fond du Lac, granddaughter of Clyde and Diane Pagel, Neenah. THOMA, Beatrice 65, McKinney, Texas, formerly of Bear Creek. BIRTHS APPLETON MEDICAL CENTER Tara and Michael HACKBARTH, Appleton; a son. Teri and Phillip MANN, Greenville; a daughter. Kim and Mark MISSALL, Little Chute; a daughter.

Karen and Klaus UTTER, Apple-ton; a daughter. Lisa and Scott MEINDL, New London; a daughter. Cynthia and Sean COUGHLIN, Appleton; a son. VITALS MERCY MEDICAL CENTER Terri TOBIAS and John ERCK, Omro; a son. THEDA CLARK MEDICAL CENTER Tammy VANLANEN and Kurt HARMSEN, Ripon; a son.

Amy and Adam LEIFERMANN, Menasha; a son, Christine and Jeff LEPAK, Neenah; a son. Leah and Omar ATASI, Neenah; a son. Teresa and David MULZER, Neenah; a son, Trma and Steve PROCKNOW, Oshkosh; a son. Kathy and Dave GRUETT; a daughter. BIRTHS ELSEWHERE Christina and Paul BROCKISH, Whitefish Bay; a son.

Grandparents are Phillip and Marilyn Brackish, Appleton, and Stanley and Cecylia Kadzielawa, Oshkosh. Marcia and Robert OSBORNE, Sturgeon Bay; a daughter. Grandparents are Joanne and Donald Geneske, Amherst Junction, formerly of Appleton. Karla and Terry TIERNEY, Wright-stown; a son (born in Green Bay). Grandparents are Jerry Tierney, Green Bay, and Larry and Margaret Kiel, Darboy.

ALLERGY ALERT ALLERGY COUNTS are number of pollens and mold spores per cubic meter of air. Counts in the 24-hour period ending at 8 a.m. yesterday were: MOLDS, 6,389 (very high) POLLENS, 219 (very high) Source: Kagen Allergy Clinic St. Elizabeth Hospital POLICE REPORTS BURGLARY, 800 block Congress i.