Enterprise-Journal from McComb, Mississippi • 11

Ttesd. Ft. 7. 1SS4 McCOtfl WimtX. JOCtUL 11 Prisoner appeals topic of committee hearing JACKSON.

Mis. AP) The Senate Judiciary Committee has held two hearings on a measure to limit prisoner appeals and still has taken no action on the bill. After spending nearly two hours reviewing the bill Monday, committee chairman Martin Smith of Poplarville set a third hearing for 2 m. today. A University of Mississippi Law School professor who reviewed the bill for the committee advised more time and closer scrutiny.

Assistant Attorney General Robert Boyd to present the situation as lawyers and Judges have told him they see it. On other issues, the committee approved a measure to floe court reporters on death penalty cases for failing to file court records within the 60 day limit. And the committee passed a bill of revised execution procedures, "generally a housekeeping bill" according to Smith. SEN. HOB BRYAN of Amory said he wanted to make sure the bill offers a state appeals route to convicted prisoners who are innocent of a crime.

Boyd emphasized how many avenues of appeal are open and that a defendant's rights should be litigated in trial with witnesses, a judge and a jury present. Bryan and Sen. Kenneth Haroer of Vicksburg voiced con- cerns that a prisoner who sought an appeal after three years, despite any newly discovered evidence a confession or a witness coming forward could not get into court. "If he can prove his innocence and it's more than three years, the courthouse is shut," Bryan said. But Boyd said a prisoner could still file a federal appeal or ask the governor to intervene on his behalf.

He said the bill would take effect only after due process had been granted. Sen. Howard Dyer of Greenville said that by the time a prisoner has appealed his case through the various levels, it may be almost Ave years, and he'd still have three more years before the statute ran out. HARPER SAID HE HOPED backing for the bill was not just a reaction to the large number of appeals for convicted murderer Jimmy Lee Gray. Gray was executed after numerous appeals costing the state $300,000 to counter.

Bryan introduced Robert McDuff a professor of la at the University of Mississippi Law School, who reviewed the bilL McDuff said he believed the measure affected "every kind of case," even governing a person whose parole is unlawfully revoked. McDuff cautioned that the measure was weakly worded in some places and could send lawyers and judges "scrambling to federal court" with appeals. He noted that lately federal courts have leaned in the opposite direction, returning more cases to state courts. He advised the committee to take more time before taking action on the measure. THE BILL, DESIGNED to cut down the number of postconviction appeals, provoked debate over whether it goes too far in cutting back appeals for convicted prisoners.

But without hard figures on just how many cases of that tvpe hold back state courts, the lawmakers sought the input of Who pays for Grand Gulf? DUCK that led to the construction of the Administrative Judge Ernst Liebman assigned Mississippi 33 percent of the cost of the plant, or about $38 million more than it has been paying. The latest interpretation of Liebman's decision means that Mississippi joins Arkansas in being upset about higher electric costs. The only state happy with the ruling is Louisiana, which will have to pay only 28 percent of the cost of Grand Gulf, instead of the 70 percent it now is assigned. JACKSON, Miss. (AP) State officials now say a federal administrative law judge's ruling would mean that Mississippians would have to pay higher electric bills, and they say they intend to appeal the decision.

The ruling by a Federal Energy Regulatory Commission law judge last week was on how the cost of the Grand Gulf nuclear power plant would be divided. Mississippi Power Light one of the four utilities involved in building the plant, had contended that the judge allocated Mississippi about the same portion of the cost of the plant as it now has. BUT ATTORNEY GENERAL Ed Pittman said Monday that the 108-page ruling would mean that customers would be hit with "dramatic" rate increases. "It is not a good ruling for Mississippi in that it would assign to Mississippi a higher percentage (of Grand Gulf) than we have thought Mississippi should have, and a higher percentage than Middle South would have assigned to Mississippi," Pittman said. Pittman said the state "without question" will contest the judge's ruling before the full federal panel.

STATE OFFICIALS ARGUE that Mississippi ratepayers should be responsible for no more than 19 percent of the plant's capacity, a figure taken from 10-year-old hearings ARKANSAS OFFICIALS ARE meeting this week to discuss how best to oppose the ruling. Arkansas Power ft Light Co. originally joined Louisiana Power ft Light Co. and New Orleans Public Service in agreeing to pay for Grand Gulf. But by 1980, the cost of building the plant outside Port Gibson had more than doubled original projections, and the Arkansas utility pulled out of the deal.

Liebman ruled that making Louisiana Power ft Light Co. and New Orleans Public Service Inc. pay for all of Grand Gulf showed "favoritism" toward He also said in his order that the $3 billion Grand Gulf plant would be "a net detriment to the operating companies" for 10 years before ratepayers gain any benefits from the plant. Farmers wary of government milk program WASHINGTON AP) The government's new plan to cut surplus milk production has attracted only about half the support that administration officials had hoped. About 12 percent of the nation's dairy farmers enrolled in the program, the Agriculture Department said Monday.

Those who did agree to reduce milk output over a 15-month period which began on Jan. 1 plan to trim production by 23 percent of their normal flow, officials said. But their cutbacks add up to only 5 5 percent of the nation's estimated total milk output between Jan. 1, 1984, and March 31, 1985, when the program ends. "THIS IS A substantial amount, but it is also somewhat disappointing since we had hoped a larger number would participate." said Deputy Secretary Richard E.

Lyng. "It appears the dairy surplus problem is not going to be resolved as quickly as all of us had hoped Lyng said the signup figures showed dairy farmers planned to cull 336.796 cows from their herds under the program. Those would be in addition to normal herd culling. The excess cows would be sent to slaughter and used mostly for hamburger. Under the government's milk price support program which continues to operate despite adjustments in support levels the USDA buys surplus butter, cheese and non-fat dry milk to prop up the price of milk paid to farmers.

The stockpile of surplus dairy commodities is at record levels and continues to grow. In all. the milk program has been costing taxpayers more than $2 5 billion a year. Legislature asks CBS to keep series JACKSON. Miss.

(AP) The Mississippi Legislature is asking CBS to keep television series "The Mississippi" in its fall program lineup. The House gave 119-0 approval Monday to a resolution calling on the network to retain the program. The resolution had cleared the Senate unanimously last week. The network has announced that it is cancelling production of "The Mississippi," which has been filmed in Natchez. The decision was believed to be a prelude to a permanent cancellation of the program from the 1984 fall schedule.

The resolution called the series "truly one of the best productions of the Columbia Broadcasting System, bringing forth wholesome, adult entertainment of which all associated with the program can be proud." Some episodes of the program, which began last March, ranked in the top 20 of the Nielson ratings. Rep. Jim Simpson of Long Beach, who handled the resolution, asked prompt action as Sen. Robert Dearing of Natchez was going with a Natchez delegation to talk to CBS executives about continuing the show. Arkansas plans to fight ruling ,7 V.x r- 1,4 v' i hu- LITTLE ROCK, Ark.

(AP) Sen. David Pryor. says he is trying to arrange a meeting where plans can be made to fight a federal ruling that Arkansas Power and Light Co. must help pay the cost of a nuclear power plant in Mississippi. Pryor said Saturday that he was terribly disturbed by Administrative Law Judge Ernst Liebman's decision on Friday to require to pay 36 percent of the $2.5 billion cost of the Grand Gulf I power plant at Port Gibson.

Miss. electric rates would go up by 20 percent if Liebman's decision is upheld by the Federal Energy Regulatory Commission, Pryor said. "This must not happen," Pryor said. He has asked for a meeting of the Arkansas congressional delegation and Dr. Robert Johnston, chairman of the Arkansas Public Service Commission.

Pryor said the meeting may be Thursday. On Feb. 13, the Joint Committee on Energy is to meet to decide what the Legislature can do if the FERC upheld Liebman's ruling, Rep. Lloyd George, D-Danville, said Saturday. PARENT COMPANY.

Middle South Utilities. financed the Grand Gulf plant. Middle South also owns Mississippi Power and Light Louisiana Power and Light and New Orleans Public Service Inc. Liebman's ruling originated as a proposal from the Louisiana Public Service Commission, which proposed that and NOPSI customers pay 31 percent of Grand Gulf I cost. customers are to pay 33 percent of the cost with providing the remaining 36 percent.

Kaneaster Hodges an board member from Newport and a former U.S. senator from Arkansas, said Saturday, "It is totally unthinkable for one state to ask another to be burdened with furnishing them power." Pryor said it was unfair for Arkansans to have to share in the cost of the Mississippi plant. "When power plants were built in Arkansas, Arkansas people paid for them," he said. "Now we have been told that Arkansas citizens must pay for a plant in Mississippi. This is simply not fair; and customers in our stale would pay an even greater share than Mississippi customers.

This is absurd and outrageous." Quacker traffic LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE One of the many clucks that live at Pare Chenier in the New Orleans suburb of Chalmette approaches a sign put up to warn motorists that feathered pedestrians often cross the median to look for food. This one made it across the road safely. tamed which Land Deed ol Trust was filed tor record August 21 1980 and recorded in Land Deed of Trust Book 296 at Page 363 of the records of the Chancery Clerk of Pike County. Mississippi and. WHEREAS default having been made Public Notice The Governors Office of Job Development and Training announces the meeting of: The State Job Training Coordinating Council February 14.

1984 commencing at 1.00 pm Coliseum Ramada Inn. Jackson Mississippi The public is invited to attend Feb 7 8 9 1984 OTHER RELIEF DEMANDED IN THE COMPLAINT You must also file the original of your Answer with the Clerk of this court within a reasonable time afterward Witness my signature and official seal this 25th day of Jan 1984 By Karen Hodges Deputy Clerk JOEL BARR Clerk of Court (Seal! Jan 31 Feb 7. 14 1984 Local students near national norm boundary of the Osyka Public Road run thence Northeasterly along ttie West boundary ot the Osyka Public Road 370 feet to the pomt of beginning and being three (3i acres more or less, located in the Northwest Quarter of the Northwest Quarter (NW -h of NW Section 17. Township 2 North. Range 9 East.

Pike County Mississippi, together with all improvements thereon and appurtenances thereunto belonging The Trustee will convey only such tie as is vested in him as such Trustee WITNESS MY SIGNATURE on this, the 30th day of January A 0 1984 S-J0hN WHITE JR TRUSTEE I do hereby certify that I have this day had posted or caused to be posted a true and correct copy of the above and foregoing Foreclosure Notice on the bulletin board at the Courthouse in Magnolia. Mississippi WITNESS MY SIGNATURE on this, the 30th day of January A 1984 S- JOHN WHITE. JR TRUSTEE Jan 31. Feb 7. 14 21.

1984 in the terms and conditions of said Land Deed of Trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said Land Deed ol Trust and the legal holder of said in debtedness First National Bank Jackson Mississippi having requested the undersigned Trustee to enecute the trust and sell said land and property in accordance with the terms of said Land Deed of Trust for the purpose of raising the sums due thereunder together with attorney fees, trustee fees and en. pense of sate NOW THEREFORE the undersigned Trustee will between the hours of 1 1 00 am and 4 00 on the 22nd day of February A 1984 at the mam front door of the Pike County Courthouse JACKSON North Pike Consolidated School District students averaged 460 on the California Achievement Test battery last year, according to the recently published Mississippi Educational Assessment Program report for 1983. The district's sixth graders averaged 513. while the eighth graders averaged 560. For South Pike Consolidated School District, the averages were fourth graders, 432; sixth graders, 472, and eighthgraders, 535.

McComb's fourth graders had an average score of 447, with sixth graders averaging 514 and eighth graders averaging 550. THE MEAP report annually analyzes the academic prowess of the state's children in the fourth, sixth and eighth grades, comparing their scores to national mean scores on the California Achievement tests. Academic subjects the students are tested on are reading vocabulary, reading comprehension, spelling, language Pursuant to an order of the South Pike County Consolidated School District Board of Trustees notice is hereby given that said Board of Trustees will receive bids up to 3 30 on the 5th day of March. 1984 on the following described equipment All prices are to include delivery uncrating and setting in place ready for final plumbing and electrical connection 1 Reach In Freezer 2 Cubed Ice Maker 3 Dishwasher Specifications are on file in the Office of Superintendent. 250 West Bay Street.

Magnolia Ms The Board reserves the right to reject any or all bids and to waive formalities Feb 7 14 21 1984 NOTICE TO CREDITORS STATE OF MISSISSIPPI Pike County EXECUTRIX NOTICE TO CREDITORS THEODORE HARRIS No 30772 Letters Testamentary having been ranted on the 27th oav of January 984 by the Chancery Court of Pike ounty Mississippi to the undersized upon the estate ol THEODORE HASH IS. deceased notice is hereby given to all persons having claims against said estate to present the same to the Clerk of said Court for Probate and registra tion according to law within 90 davs from this date or they will be forever barred This 27th day of January A 1984 MYRTLE LEE JOHNSON Eiecutrn Ben Regan Sol. Jan 31 Feb 7 14 1984 nnx trp Ton raoim wtth Um ttuou yom Mil la the Magnolia Mississippi oner tor sale and will sell at public outcry in accordance with the Constitution and Laws of the State of Mississippi to the highest and best bidder for cash, the following described real property to wit: Beginning at the Northeast comer of the Northwest Quarter of the Northwest Quarter iNA of NW 'i. Section 17 Township 2 North Range 9 East and run thence South 500 7 feet to a point run thence South 20 degrees 10 mmutes West 132 feet to the real point of beginning run thence West 450 feet to a pomt: run thence South 374 3 feet more or less to the North property line of Victor Barnes property, run thence East 310 feet more or less to the West Public Notice The Mississippi Service Delivery Area Announces the convening of a meeting of The Private Industry Council Satur day February 18 1984 9 30 am Cleveland Bolivar Chamber of Com merce Cleve'and. MS Feb 6 7 1984 mechanics, language expression, math computation and math concepts and application.

The mean national scores on the battery of tests last year were fourth graders. 438; sixth graders, 495. and eighth graders, 554. Mean Mississippi scores were fourth graders. 442; sixth graders, 500.

and eighth graders. 552. THE MEAP report notes that both fourth and sixth grade state achievement exceeded the national norms, while eighth grade level was one month below national norms. Mississippi pupils in grades four, six and eighth achieved substantially higher than their counterparts nationwide in grammar, spelling and math computation, with achievement in these areas about one-half year ahead of national norms. However, reading vocabulary and comprehension scores in the state were from one to four months behind national averages.

Man dies when he forgets to use heater MERIDIAN. Miss. (AP Lauderdale County authorities say sub-freezing temperatures caused the death of an 80-year-old Meridian man this weekend. County Coroner Marl Cobler said Charlie Horton apparently forgot to turn on a heater before going to bed Sunday night, when temperatures fell almost 40 degrees due to cold front moving through Meridian. Horton was brought to Riley Hospital at 6 a.m.

Monday-after his sister discovered him. When he arrived at the emergency room, hospital officials could register no body temperature on an electronic thermometer and detected only a faint heartbeat, Cobler said. Hospital personnel were unable to raise his body temperature and Horton was declared dead of hypothermia at 7 a.m., the coroner said. According to reports, Horton had complained of being too hot Sunday afternoon and turned off the heat in his house. Horton evidently forgot to turn the heat back on when he went to bed that night.

Cobler said. Horton is the fourth Lauderdale Countian to die of hypothermia this winter. Three people were killed by the cold snap that struck during the Christmas weekend. Sci-fi meeting set for Biloxi BILOXI. Miss.

AP) A science fiction, fantasy and gaming convention, will be held here March 9-11. The 1984 CoastCon will include displays of metal figures used for gaming and an art show for figure paintings. Competition will be divided into subcategories for individual pieces, units and dioramas. STATE OF MISSISSIPPI COUNTY OF PIKE FORECLOSURE NOTICE WHEREAS on August 17 1980 Jam ime Barnes and Annie Barnes eiecuted a Land Deed of Trust under the terms ol which the hereinafter described land was conveyed to John White Trustee for First National Bank Jackson. Mississippi to secure the pay ment ot an indebtedness therein con NEED DIESEL REPAIR? Diesel repair on all makes and models.

Let us lend a hand Day Service: 684-7410 DAY MOTORS INC. 212 25th St. AAcComb, MS. 39648 HOMES FOR SALE FORECLOSED PROPERTY 1200 Wheelock Street. 3 Bedroom, I -Bath, home with 1.459 square feet of heated area.

Rambler design on a spacious corner lot. Excellent neighborhood. Sacrifice price. Contact Danny Cooper at 684-5371 for details. Car washes cleaning out state revenues JACKSON, Miss.

(AP) A 30 percent drop in Mississippi's car wash business has cost the state about $45,833 in lost sales tax revenues during the last five years, a recent U.S. Census study shows. The study shows that Missisippi suffered the biggest drop in car wash revenue from 1977 to 1982. While the average car wash in the United States pumps $156,535 into the economy annually, the average Mississippi car wash produces $95,259 each year. Mississippi leads only West Virginia.

South Dakota, Vermont and Montana in car wash receipts. Mississippi car wash owners say the statistics don't mean that cars in Mississippi are dirtier than they are in the rest of the nation. Rather, they say, it means that more Mississippians wash their cars at home. "These farmers are very meticulous about their Cadillacs, and they do them by hand." said Karry Lewis of Jackson's Lewis Car Wash Systems Inc. Poor weather, higher taxes, the recession, and road contraction contributed to the drop in the car wash business, says Mack Hales, owner of Mack's car wash in Jackson.

Hales, who has 15 years of experience in the business, said "People are going to put food on the table, pay the gas bill, light bill and water bill and send their kids to school. When they do that, everything else is gone." The car wash supply business decreased 100 percent from 1979 to 1981 when the interest rate often shot above 20 percent, said J.W. Butler of LAA Products of Mississippi, a car wash equipment wholesaler. lrtt2iJMCtTGAGCS For remodeling, house moving or debt consolidation Call United Companies AAortgeges. Pttone U4-1MI 11 Delaware Avenue IN THE CHANCERY COURT PIKE COUNTY MAGNOLIA MISSISSIPPI 39652 Rebecca Sue McDonald Plamtiffist Thomas McDonald Defendants! Case No 30728 SUMMONS (Service by Publication: Residence Known) To Thomas 8 McDonald whose resident is co Evon Allemand 129 West 75th Street Cut Off.

la 70345 You have been made Defendant in the lawsuit filed in this Court by Rebecca S. McDonald. Plamtiff. whose address is Pike County Miss The Complaint Wed against you has initiated a civil action alleging habitual cruel and inhuman treatment and seek mg divorce, etc You are required to mad or hand deliver a copy of a written Answer either admihng or denying each allegation in the Comoiamt to Ben Regan Flam tiffs Attorney whose address is 225 East Bav Street. Magnolia Miss YOUR ANSWER MUST BE MAILED OR DELIVERED NOT LATER THAN THIRTY DAYS AFTER THE 14th DAY Of FEBRUARY 1984 WHICH IS THE DATE Of THE LAST PUBLICATION OF THIS SUMMONS IF YOUR ANSWIR IS NOT SO MAILED OR DELIVERED A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE MONEY OR COMMERCIAL REAL ESTATE FOR SALE BELL SOUTH SERVICES Invites bids for the purchase of commercial property located ot 41 1 Michiaan Avenue in th.

INCOMt TAX PKMUTION For XI state and federal forms Soeciadw off shore and construction workers 25 re etoenence and onlj one trip does it No emjiess naiting and gong back to set if its readv Frw ad nce (wiH go na if audited! Also iei vow insurance jrogrrn policies and set up IRA s. Located first house north of Gibson Shoeing Center. 51 Hrgtj, 1923 Congress) BrocAhnen. Ms Please ca lor four aooonrrment 4 tor the person ho is Mig to fo the etfrj inle to sm kw ta doilarv of McComb. Mississippi.

This Drooertv rnnri.l. 1 3.500 SF 1 story building situated on approximately 50.000 SF of land. For details of bid procedure) contoct Jim Conerly at (601) 961-0677 in Jackson Mississippi..