Indiana Gazette from Indiana, Pennsylvania • 2

wooint The Qex.tte wnte to be the fl-lend of every man, the promuJAfcar of ail tht'n rlbt. welcome funet in the linine We want to Bulla up, not tear down; to help, not to hinder; and to aaelat mry worthy person In the oommunlty without eeiieineneeoiitie. iw win h. ii. nj.nfngene aettertmot me comnafe lnMT- The Indiana Gazette Wednesday.

May 1991 Page 2 Fed up, senator becomes lobbyist Strange bedfellows By BEN WATTENBERG A. the foundation's managing director, or possibly the chairman of the board of trustees. His former staff director on the Energy and Natural Resources Committee, Frank Cusn-ing, is considered a likely candidate to run the foundation. The proposed foundation is making some in the government of the Northern Marianas nervous. They like the idea of development money coming in to the islands, but they're Washington By JACK ANDERSON DALE VAN ATT A Merry-Go-Rouna WASHINGTON When Sen.

James McClure retired from Congress this year, he did not throw away his Washington experience and bead for the trout streams of his native Idaho. The three-term Republican said he had become disillusioned with "wet-finger politics" gutless lawmakers who vote with the shifting breezes. But apparently his dismay with Washington politics did not stop him from wanting to take advantage of it as a high-priced lobbyist. Few people are more marketable than the former senior Republican on the Senate Energy and Natural Resources Committee who is also well-Connnected in the administration as a longtime friend of President Bush. With that resume, McClure recruited his two top aides from his days in the Senate and created a consulting firm McClure, Gerard and Neuenschwander Inc.

Their first clients were General Atomics and L-B. Industries, two energy-related businesses that could use some of McClure's clout in Washington. McClure is prohibited by Senate rules from directly lobbying the Senate for his first year out of the club, but General Atomics still felt his firm was worth a retainer of $10,000 a month. The firm Is not McClure's only endeavor these days. His Senate committee used to oversee the management of a needy U.S.

commonwealth in the South Pacific the Northern Marianas. McClure has now hooked up with a proposed foundation that would funnel development money to the islands. The Northern Marianas, 1,500 miles southeast of Japan, fell under Coal firms innocent of tampering Dear Editor, Since April 4, when U.S. Department of Labor Secretary Lynn Martin accused hundreds of coal companies across the nation of tampering with dust samples required by law at their operations, a flood of news articles has repeatedly condemned the industry for flagrantly ignoring the health of its employees. It's time to set the record straight.

Essentially, the coal industry was "convicted by press conference" even before the accused were notified or cited for violations. Worse, the overwhelming health and safety successes achieved by the industry during the past 20 years were smeared by the Secretary's implication of conspiracy and appalling insinuation of an "addiction to cheat" by coal operators. In its zeal to make headlines, the DOL not only failed to consider the industry's proved commitment to health and safety, but more important, the poor quality of the agency's case against coal operators. Not enough attention has been given to the fact that of 120,000 samples analyzed by Mine Safety it Health Administration in the course of their "investigation," less than 3 percent are under suspicion. How can the Secretary and the press say that a phenomena occurring in so few samples evidences "broad implications of widespread tampering?" In addition, the alleged cases of tampering resulted in displacement U.S.

supervision after World War II. Since then, the United States has supplemented the tiny nation's annual budget and tried to help manage its affairs. During the 1980s, the population tripled to 46,000 people and the Marianas became a tourist haven, a little Hawaii for Japanese jetsetters. The sewer, water and power facilities on the islands have not kept pace with the boom and the island govern- roent is In a bind. It cant afford to borrow more money and the State Department won't let the Marianas take cash from Japan or any other foreign government.

So supporters of the islands came up with the notion of a Marianas Improvement Foundation, which would work like a development bank, using the investment capital of private people (primarily Japanese), as well as the sale of bonds. The foundation board would include three Japanese, three Americans and three Marianas residents. McClure apparently is slated to be of less than 5 percent of the dust collected in each sample a minis-cule amount that will not affect compliance determinations or health conditions hi any of the mines cited by the DOL. According to the government's own figures, inherent sampling variability with their system is 15 percent, or three times the impact of alleged tampering. The DOL's enforcement citations uniformly state that no significant hazards were found.

By the agency's own count, 288 mines (35 percent) had only one allegedly tampered sample, and 689 (80 percent) only five or less, out of thousands submitted. Indeed, not one mine had a sufficient number of alleged tampered samples to conceal noncompliance. With no impact on a mine's compliance or Black Lung Liability, where lies the motive for tampering? In its media blitz, the DOL conveniently forgot to tell the press that the agency has systematically ignored a government-funded 1976 study that found dust within the filters "particularly susceptible to dislodgement" by subsequent handling and impact in the mail system. Secretary Martin was loathe to reveal that many samples collected by MSHA personnel show anomalies identical to those alleged fraudulent by the coal industry. In fact, it is the shortcomings of MSHA dust sampling procedures that led to the current situation.

The coal industry has requested time and again that the DOL take steps to improve their system but to no avail. Similarly, MSHA has ignored industry pleas to investigate sampling abnormalities for more than one year. Further examples of the DOL's refusal to work with the coal industry abound. A two-year delay in enforcement and public disclosure claimed he doesn't know what his salary will be yet and said the rumored figure was "far too high." He is involved, ne sra, Because ne wants to help the Marianas get monev. McClure has been a busy guy since I hut Im mow Ml IuixIa.

tTUI ni UUV limj UlUltl His name has surfaced repeatedly on the short list of candidates to replace Energy Secretary James Watkins, whose days are numbered In the Cabinet. It might be some time before McClure has time to cast off the politics of Washington which he finds so distasteful. STAYING HOME Evidence of the seriousness of Czechoslovakia's internal problems Is the quiet can-' celiation ot scneauiea acaaemic speeches In America by President Vaclav Havel. The popular playwright-president was to have received an honorary degree from Lehigh University in Bethlehem, and speak at various other colleges. But he has instructed his aides to discreetly explain to his hosts that friction between the Czechs and Slovaks threatens his country's unity and that he cannot go on the lecture circuit now.

MINI-EDITORIAL Senators have begun the tough job of writing guidelines to tell them when they have gone too far in the name of constituent services. The issue springs from the Keating Five scan-' dal when five senators went to bat for savings and loan magnate -Charles Keating after be gave them substantial campaign contributions. It's unfortunate that the Senate won't put into words the simplest ethics rule of all: "If you're doing it for the money, don't do it." United Feature Syndicate, Inc. acknowledge the impact of the rule of law on our culture and its institutions. It is fitting that we do so, and a peril if we ever take for granted the principles and practice of our system of laws and justice.

Law Day USA is not by any means a homaee to the legal orofession. though the contributions that lawyers have made to our system are entitled to note and commendation. Rather, Law Day is a reminder to all of us that so long as we persevere as "a nation of laws, and not of men" we will do so only when each of us respects and participates in the affairs of citizenship that give meaning to a free and democratic society. These include making an active and habitual effort to be informed on government and community affairs; voting regularly; obeying and respecting laws even when we think the law unwise; supporting all who are engaged in law enforcement, police, prosecutors, judges and lawyers defending the accused; serving on juries; recognizing and supporting the need for a modern, efficient system of administrating both the criminal and civil law; and supporting and respecting the expression of democracy in the daily functioning of government at all levels, particularly the local level. Superimposed on these specific expressions of good citizenship and support for the rule of law is the necessity to foster in ourselves, and to instill in our children, proper attitudes toward, historic awareness of, and commitment to our democratic institutions in order to preserve our birthright and pass it along to succeeding generations.

Theme of this year's Law Day USA is "Freedom Has a Name: The Bill of Rights." Later this year we will mark the 200th anniversary of the ratification of the Bills of Rights and its incorporation into the Constitution. Our most fundamental civil rights and constitutional guarantees are expressed in the Bill of Rights and it is especially appropriate, therefore, that on Law Day we take a moment to reflect in particular on the debt our system of liberty owes to the wisdom of our forefathers. Law Day USA thus provides the opportunity to celebrate the freedoms we enjoy as Americans and to renew our resolve lo vigilant preservation of that liberty for ourselves and our children through the rule of law. Very truly yours, W. Joseph Engler Jr.

President Indiana County Bar Association Indiana, Pa. flfye 3nbiann (gazette THC I NO (ANA MMTING PUIUSMNQ COMPANY M1.S,0 IntJioi. IV 15701 BtaMltrwdmlMO IUCT. 0OMN(UY IWtfvrWHH JOfDONNiUY VtalM "KHAR J. SmtaT, ASTKO.IWm.

STACK OGOnTMDSOM not sure they want it sifted through Americans in Washington. And they were stunned by the proposed operating budget in the foundation's Washington office $600,000 a year. "We don't want this to be a retir-ment firm for (Capitol) HiU people," one Marianas official told our associate Jim Lynch. Some of the deep-pocket Japanese investors have also expressed reservations about routing their money through Washington. McClure laughed at the rumors leaking out of the Marianas that his salary would be $150,000 a year.

He by the DOL denied coal operators the chance to investigate and correct any possible deficiencies in the dust sampling process. The agency has yet to provide evidence, policy, studies, data or any rationale supporting their allegations of tampering. To date, none of MSHA's documentation or analysis has been made public. The coal industry is committed to the health and safety of its employees. We share the concern of the DOL that tampering with required measures to protect miners, if true, constitutes an unacceptable breach of trust between the industry and the public.

Operators nationwide have promised to deal severely with any proved Instances of dust sample tampering by their employees. But considering MSHA's flawed sampling system, and the illogic of coal companies "cheating" without gaining some advantage, we are certain that the vast majority of coal operators will be found innocent of tampering with dust samples and the health of their employees. Sincerely, J. Anthony Ercole President Pennsylvania Coal Association Harrisburg, Pa. Law Day celebrates freedoms Dear Editor, May is Law Day USA, an annual occasion on which Americans, and all who admire our form of government and the liberties it has nurtured, pause to reflect and RELOAD After their political pratfall on the Gulf War, Democrats said, ah, if we can just get attention back to domestic issues, then we'll be fine.

Democrats may get their wish. There will likely be a high-profile litmus vote on a domestic issue. It remains to be seen if it will be fine. It may well turn out to be just one more major Democratic political disaster. The domestic issue in question deals with a Democratic proposal to overturn recent Supreme Court decisions on hiring policy.

Democrats call it a "civil rights bill" Republicans call it a "quota bill." Somehow. Democrats have managed to mingle their fortunes with both "liberal activists" and "big businessmen." Neither group is exactly at the top of the political popularity polls. Civil rights lobbyists tried to work out arrangements with The Business Roundtable, representing the biggest of big corporations. But then other business groups, and ultimately The White House, said that The Business Roundtable negotiators weren't speaking for anyone but themselves. The role of big business in this internal poUUcking reveals part of what is wrong with the bill.

American businessmen and I generalize here are honorable, entrepreneurial, intelligent, hard-working and gutless. Our corporate tigers want to avoid confrontation, lawsuits, bad publicity or boycotts. When confronted, they tend to give away the store, or more accurately, give away someone else's store, in this case in the form of de facto preferential hiring policies. After all, it will not be corporate executives who will suffer from reverse discrimination that can come from proportional hiring; it is the workaday people in offices and on the shop floor. It is just this process that leads many opponents of the Democratic bill to say that it will lead to quotas.

Facing demands for fairing by the numbers, businessmen will fold, not fight. There is very arcane legal language in both the Democratic bill and a somewhat better but mushy Republican compromise alternative. But the issue has become politically charged, and transcendent, because it will serve as a symbolic pointer toward a great decision that Americans are going to have to make soon. The issue is proportionalism vs. merit, demography vs.

ability. When the 1964 Civil Rights Act was passed, almost 75 percent of minorities were blacks. The bill properly ruled out proportionalism, but it was later argued that due to the authentically tragic history of blacks in America, there should be some bending over backward for a while. Almost three decades have passed. Because of recent immigration flows, blacks are now somewhat less than SO percent of the minority population.

Proportionalism today has to deal not only with blacks, but Hj spam cs, Asians, Moslems, Caribbean and African blacks, and perhaps, soon, a new wave of East Europeans and Soviet Jews. Also, of course, women. That can't work. It doesn't work. A growing body of opinion maintains that proportionalism has been hurting blacks and other minorities.

It induces self-doubt; It reinforces the bigot's idea that minorities can't compete. Public opinion surveys and recent elections (in California and North Carolina) have shown that proportionalism is massively unpopular with voters. It is an issue that has inflamed college campuses. It is setting race against race. Some Democrats sensing political calamity, or getting wiser, or both are backing off their earlier support for the bill.

The best policy now is neither the Democratic proposal nor the weak-kneed Republican compromise. It is time to look afresh at the court's decision. Just imagine! Those nasty justices said that businesses can't discriminate, but should be able to hire people on the basis of merit. A proposal now being circulated by moderate Sen. Siade Gorton, adds a few bells and whistles, but on the big stuff says stick with the court's decision.

That would be wise. That would also be the result if Congress did nothing, which is often a good idea. Newspaper Enterprise Assn. We are all contented cows By CHARLEY REESE Idealists, political reformers both of the left and the right and In between, pundits and other assorted malcontents should recognize that what they are really upset about is the American people. It's common to make excuses, to find scapegoats in order to avoid facing the truth.

Some people say it's the Eastern Establishment which manipulates the American people. Some people blame investment bankers. Some people blame the media. Some people blame the politicians. Some blame special interests.

The excuse, regardless of the choice of scapegoat, goes like this: gee, if only the American people actually knew the truth, then (hey would agree with me (substitute your own panacea). This assumption, that things are the way they are because the American people don't know any better, is incorrect. Tlie American people are not stupid. When they are interested in a subject, they can find out a lot about it. There is, in fact, very little truly hidden information in this country and it is mostly technological and military-related.

A person who really wishes to do so can find out an awful lot about almost anything. What some people think is secret is lying around in public libraries or public data bases. The notion that secret forces are raining on our parade is so strong that a fellow once sent me a clipping from the New York Times, which was a long story about the Trilateral Commission, with a complaint that the "establishment press" is keeping the existence of the commission a secret. Dearly beloved, if the New York Times ain't the establishment press, then I'm the Duke of Kent. The Trilateral Commission, which was started by David Rockefeller, is not a secret organization.

Its address is 345 East 46th New York, NY 10017, and if you write them, they will be glad to sell you copies of all their publications. It's a group of bigwigs from North America, Europe and Japan who study issues relevant to the industrial nations. It's influential, but it's not secret and it never has been. What a lot of people don't want to face is that many, perhaps most, Americans are reasonably content with the government they have. Certainly we must cite elections as evidence of that.

Most incumbents are routinely re-elected. They are re-elected because a majority who vote think either they are doing a good job or the people running against them would be even worse. In 30 or so years of observation, I have yet to find any vast number of Americans hungering for laissez faire government. I think you could put the Libertarian Party presidential candidate on the ballots of 50 states and give htm 17 hours of national television campaign time and he'd still lose by a huge margin. People don't ignore Libertarians out of ignorance of their positions; they ignore them because they don't agree with them.

How many Americans want to abolish Social Security, Medicare and Medicaid? Not many. Face it. If vast numbers of Americans were really discontented, they'd change things. Much of the existing discontent is not discontent with the faults of government but discontent with the ratio of cost and benefits. In the real world, people do not bum the midnight oil reading political philosophy and wake up early in the morning to meditate on the question of what would be the most ideal form of government or what would be the best policies for the U.S.

government to follow. The Age of Revolution in America is dead from the clogged arteries of prosperity and successful government. Many Americans today couldn't tell you what the Bill of Rights is because they're not interested; many more, if you put the Bill of Rights to them in the form of questions, would vote against them. Wannabe revolutionaries of the left and the right will have to wait for ft conditions to get far more unpleasant before they will find an audience larger man two volley oaii teams. The majority is content, and you can't sell radical chance to contented iJtuMmta (gazette people.

KWH QCAIY Dirt King Features Syndicate, lac. AMK I. MOOD.