Casper Star-Tribune from Casper, Wyoming • 16

Sept. 4, 1986 Star- Tribune. Casper, Wyo. B1 star Wyoming Irked Mader wants runoff elections Says Budd would win if second vote required GILLETTE (AP) State Sen. Kelly Mader, unhappy with the narrow difference between the top two finishers in last month's Republican gubernatorial primary, wants the state to move up i its primary election and require a runoff.

Pete Simpson edged Bill Budd by just 453 votes for the nomination, winning just 28 percent of the vote cast. a ReMADER publican in a Republican state, I see we have a nominee for governor that 72 percent of the voters didn't want," said Mader, a Republican who supported Russ Donley in the race. Mader also said he believes that Budd would have defeated Simpson if a runoff election was required. Budd himself has said he believes there should be a runoff election required by law. Mader is working on legislation that would require a runoff and said he will I introduce it when the Legislature convenes in January.

The runoff election, used in some other states, would be triggered whenever the primary victor fails to receive a majority of the votes cast. The top two vote-getters in the race then would pair off in a special election, which Mader would like to see held as soon as possible after the primary. "I don't want to involve the people or candidates to finance a third campaign," he explained. To accommodate the runoffs, the primary would be moved from August to June, said Mader. The senator said he also is interested in the concept of a so-called "Rocky Mountain Primary," in which Rocky Mountain states would hold their primaries on the same day to gain more attention from presidential candidates.

If runoff elections were added without moving up the primary, Mader said it would put the winners of runoff elections at a disadvantage if their opponents in the other party weren't in a runoff election. The Republican also sees a need to change voter registration laws, which currently allow state residents to register on election day. "As it is now, you could pull up to the polls on election day in a California car loaded with furniture, vote and then decide the next morning you weren't going to live here after all," said Mader. Thomson demands more COLD-PAC info By JOAN BARRON Star-Tribune capital bureau CHEYENNE Secretary of State Thyra Thomson Wednesday demanded additional campaign reports from Citizens Opposed to Liberal Dogma (COLD-PAC). The Utah-based PAC submitted a report to the secretary of state's office Sept.

2 showing receipts of $90 and expenditures of $12. The report was signed by J. Michael Hamilton, chairman, and Joe H. Ferguson, treasurer. But a letter from John L.

Harmer of Bountiful, Utah, legal counsel for COLD-PAC, reported the organization spent $7,477 in Wyoming between Aug. 1 and Aug. 30. Harmer said the committee will file a report in Utah voluntarily although not required to do so by Utah law. He said a copy of that report will be filed in Wyoming but not until after the Nov.

4 general election. In her letter to Harmer, Thomson said the two reports must be from different political action committees. Under Wyoming campaign reporting laws, the PAC that spent the $7,477 in Wyoming must file a complete itemized report immediately, Thomson's letter said. "Failure to make the required filings will result in a violation of Wyoming's laws and such violation will be reported to the Wyoming Attorney General," the letter concluded. Before the Aug.

19 primary election, COLD-PAC placed con- Academy response to report's criticism kept secret by AG Border to Border County jail inmates sue Carbon County CHEYENNE (AP) Carbon County's sheriff and county commissioners should pay $400,000 in damages because of conditions at the Carbon County Jail, according to a lawsuit filed in U.S. District Court in Cheyenne. The class action lawsuit, filed Tuesday by current and former inmates of the jail in Rawlins, seeks $100,000 each from the sheriff and county commissioners on charges that the jail's conditions violate the constitutional rights of its inmates. The lawsuit listed 33 complaints that it charged officials had been told about a number of times. Rancher flops down, roars in U.S.

court CHEYENNE Teton County rancher Norman Richard Dunbar let out a terrific roar as five U.S. marshals struggled to drag him from a federal courtroom here Wednesday. The 73-year-old Dunbar fell to the ground and told the marshals, "drag me," after. U.S. District Court Judge Ewing T.

Kerr sentenced him to 10 days in jail on a comtempt of court charge. Kerr handed down the sentence after Dunbar refused to remove some drift fences from National Forest land located east of Moran. At Wednesday's hearing Dunbar was supposed to "show cause" to explain why the fences had not been taken down. Kerr ordered Dunbar to remove the fences as previously ordered. Dunbar told Kerr he should not have to remove the fences since he did not erect them.

During the struggle with federal marshals Dunbar butted his head up against a heavy, wooden podium and seemed to be attempting to bite the officers. Former director James White dies CHEYENNE Former Wyoming Game Fish Director James B. White, 67, died from a heart attack in his Cheyenne home Wednesday afternoon, a state official said. White was a career employee of the Game Fish and served as director from 1964-76, according to Pete Petera, an assistant director in the department. He is survived by his wife Marion and four daughters.

Funeral services will be in Cheyenne. Glenrock school enrollment drops GLENROCK Enrollment in the local schools is down by 116 students compared to last fall as Glenrock continues to feel the economic crunch caused by a decline in the energy industry. A total of 1,040 students were enrolled in the elementary, middle and high schools as of Tuesday, Glendene Stillwell, secretary, for Supt. Dennis Scheer, Wednesday. She said that compares to 1,156 on the day after Labor Day in 1985.

Campbell County coal production slips GILLETTE (AP) Predictions that Campbell County's coal operations would ship more than 116 million tons of coal by year's end have fallen by the wayside as orders have not met expectations, officials say. By mid-year many of the county's producers had lowered their expectations by an average 10 percent. Revised 1986 predictions now total less than 112 million tons. Thunder Basin mines are among those in Campbell County experiencing a slight downturn in production. The mines, a part of Atlantic Richfield will probably ship about 21 million to 23 million tons of coal.

NORMAN PALM Charges to hunt on public land Elk Mountain Safari lawsuit goes to Kerr By ERICH KIRSHNER Star-Tribune capital bureau CHEYENNE An Elk Mountain area sheepherder admitted in federal court Wednesday that he charges hunters to hunt on public land. U.S. Attorney Richard Stacy asked sheepherder Norman L. Palm if hunters "pay you money to hunt on public land?" "Sure," Palm answered. The exchange between Palm and Stacy came in a civil trial between Elk Mountain Safari Inc.

and the United States government. Elk Mountain Safari is suing so the company can continue to fence out hunters who want to hunt on Elk Mountain without paying the company's $250 access fee. Stacy argued Wednesday that Elk Mountain Safari should no longer be able to use a gate to keep hunters from using a road that leads to three sections of public land on Elk Mountain. The U.S. attorney said a 1957 easement agreement clearly states that the government, and thus the public, can use the road leading up Elk Mountain.

But Elk Mountain Safari, onethird of which is owned by Palm, argued the easement agreement was signed so the U.S. Bureau of Land Mangement could staff a fire lookout, and does not give the public the right to use the road. Palm said Elk Mountain Safari was formed in the 1960's after ranchers and sheepherders in the Elk Mountain area got tired of hunters trespassing on their private land. Currently the company is owned by Palm and two other partners. Palm said Elk Mountain Safari sells one-year permits to hunt on the mountain for $250.

Stacy said the easement states the U.S. government has "full free and unrestricted privileges" to use the road. The government lawyer said this language establishes the public's right to use the road. Palm admitted to Stacy that the language in the easement agreement he signed is "far too broad," if it was only intended to allow the government to staff a fire lookout. But on Oct.

4, 1985 U.S. District Court Judge Ewing T. Kerr, who heard the case Wednesday, issued a preliminary injunction blocking from providing free access for hunters to public lands on Elk Mountain. When issuing the injunction, Kerr said the 1957 easement allowed the government free use of the access road but said nothing about hunters. Kerr's ruling last year drew immediate protests from representatives of the Wyoming Wildlife Federation who wanted the court to require Elk Mountain Safari to remove its gate.

Sullivan picks Sharratt to manage campaign From staff reports CHEYENNE Wheatland lawyer Bryan Sharratt will be campaign manager for Democratic gubernatorial candidate Mike Sullivan's general election campaign. Sharratt, 38, former treasurer and finance chairman for the Wyoming Democratic party, will devote full time to the campaign through the general election, Sullivan said Wednesday in a prepared statement. Sharratt launched a short-lived campaign for U.S. Senate in 1981, hoping to be the Democratic Party's nominee to face incumbent Sen. Malcolm Wallop.

He dropped his campaign in February 1982 and Rodger McDaniel ran against Wallop. Sharratt was in the news again when then-Natrona County Attorney Burt Guetz appointed him special prosecutor in an investigation of newly elected Natrona County Sheriff John Barrett. Sharratt worked out a controversial plea bargain arrangement, questioned by state investigators who said the facts supported felony charges. Barrett entered a no-contest plea to misdemeanor charges that as Evansville police chief he took bonus pay for a college degree he did not have. He gave $1,380 back By LIZ BRIMMER Star-Tribune staff writer CHEYENNE The public will not be interested in how the director of the Wyoming Law Enforcement Academy responded to a sharply critical review of academy operations by the state auditor's office, according to Deputy Attorney General Peter Mulvaney.

The official responses by WLEA Director Ernest Johnson to the auditor's review of the academy, a state agency, are being denied to the public by the attorney general's office. Mulvaney said that, as a member of the public, he "would not be interested" in Johnson's report. "From the news articles I've read," Mulvaney said, "there doesn't seem to be anything wrong." The auditor's review, prompted by a former employee's allegations of "criminal activity" at the academy, found numerous procedures and practices "in conflict with State law," among them a private bank account and failure to account for inventory, and deposit revenue to the state treasurer. The review, however, reported nothing criminal in those practices, citing them as managerial problems. The report, submitted by State Auditor Jim Griffith to Attorney General A.

G. McClintock, was quietly made public April 1,1986 The auditor's team recommended that the academy close its illegal bank account and revise its inventory system to account for state property at the new law enforcement facility. Mulvaney said he did not know if Johnson's report will be released in the future. BROWN SHARRATT troversial ads attacking Republican gubernatorial candidate Pete Simpson's voting record in Wyoming newspapers. An Associated Press report quoted Ferguson Wednesday, saying that media attention on the Wyoming ad is an indication that Simpson has friends in both the media and the secretary of state's office.

"We ran a small ad and it raised hell in Wyoming politics," said Ferguson from his Highland, Utah home. "All the simple ad did was tell the truth 1 about Simpson. No one has criticized the ad of being Betty Flood, press secretary for Simpson, said the ad was inaccurate and was a "last-minute tactic in an attempt to somehow attack the front runner in the primary race." "We didn't know who ran the ad or where it came from, it was a nameless and faceless she said. "In Wyoming, we expect to know who is throwing the shots." Ferguson, a former Frontier Airlines pilot, unsuccessfully ran against Democrat Gunn McKay for Utah's First Congressional District four times during the 1970s. Ferguson said he is involved in the John Birch Society and the National Center for Constitutional Studies (formerly the Freeman Institute), but that neither organization is involved in COLD-PAC.

Ferguson said he isn't sure what COLD-PAC'S plans are for the November elections, "and even if I did 1 know, I wouldn't tell you because we don't want the opposition to know our next Riverton PAC gave $12,500 to Donley CHEYENNE A Rivertonbased political action committee contributed $12,500 to the campaign of unsuccessful Republican gubernatorial candidate Russ Donley. The report filed with the secretary of state's office by PAC West listed $23,112 in receipts and $17,872 in expenditures. In addition to Donley, the PAC donated $1,000 to Lloyd P. Selleneit, Republican candidate for the Utah Legislature, and $75 to Betty Goudzwaard, Republican candidate for the Gillette hospital Mundschenk bound over in drag race murders spent nearly an hour on the witness stand outlining the details of his investigation, said Mundshenk said during an interview with detectives, "he was scared and shot the man (Junker)." But, the detective added, "'he didn't say why." After firing two fatal shots at Junker, Mundschenk allegedly "pointed his pistol and emptied it" on Ball and Tyler, who drove shortly after Junker was killed, Rountree said. The incident occurred in what investigators say was a drag race arranged at a Rock Springs bar where all of the men were drinking.

Mundschenk participated in the race until his car became disabled, according to a court affidavit. Sheriff detective, Mary Barneski, testified at the hearing that the two shots allegedly fired by Mundschenk into the back of Junker's neck came after Mundschenk asked Junker to stop his to the town. Sullivan said Sharratt's appointment was prompted by the re-assignment of Charles Brown to the position of media coordinator. Brown will oversee the production and placement of Sullivan's television and radio commercials for the general election campaign. The Sullivan campaign terminated its contract with Fenenbock and Associates, a Washington.

D. C. media consulting firm, on Aug. 21. Sullivan said the commerials produced by the firm for the primary election "just didn't fit the needs of our campaign." "We are now talking with several Wyoming companies and individuals about doing our television commercials for the general election campaign," he said.

board. John Leroux of Cody is chairman of the committee and Bruce McMillan of Riverton is treasurer. The largest contribution to the committee was $10,000 from Leroux. Other committee donations included $2,500 from Russ Gwynn, $2000 from Sylvia Speaks, $1,500 from Gene and Joanne Schrader, $1000 from Marinell Boydston, all of Cody, and $1,000 each from Gwendolyn Hamilton of Casper and Marion Geer and Perry Geer of Gillette. By PAUL KRZA Southwestern Wyoming bureau ROCK SPRINGS A 17- year-old man accused of killing two men and wounding another after an carly morning drag race on Aug.

24 was bound over on two first degree and one attempted first degree murder charges after a preliminary hearing Wednesday. Sweetwater County Judge Samuel Soule forwarded the case to the Third District Court after hearing testimony from three prosecution witnesses during the two-hour hearing. William C. Mundschenk is charged with killing Norwood Walter Junker, 25, and David C. Ball, 32, on a highway about 10 miles north of Rock Springs.

A third man, Kenneth R. Tyler, 25, was allegedly wounded by Mundschenk in the shooting spree. Sweetwater County Sheriff's Detective James Rountree, who car. Junker had stopped to give both Mundschenk, and Marcelle Lamb, 17, one of Mundschenk's companions, a ride after Mundschenk's car stopped running, she said. Lamb told her that Mundschenk told Junker "'he needed to go the bathroom," Barneski said.

But when Junker pulled over, Mundschenk allegedly shot Junker with a .22 caliber gun, she said. Barneski said Lamb could not recall any animosity between any of the race participants either in the bar or after the race ended with Mundschenk's car troubles. The men involved even "shared beers" and "congratulations" after the race, she said, relating Lamb's statement. There was "some kidding on both sides, but no hard feelings," Barneski added. Rountree said the gun allegedly used by Mundschenk was a small, three or four-inch long revolver, manufactured in the Star Valley by Freedom Arms.

The mini-pistol is a five-shot, single-action revolver, meaning that it must be cocked manually each time i it is fired, he said. Mundschenk's lawyer, Patrick Werner of Rock Springs, called no witnesses at the hearing, but questioned the detectives about their investigation. In a closing statement, Werner called the prosecution's testimony "hazy" and "fuzzy," and said it did not support a first degree murder charge against his client. The detectives did not tie the gun found with Mundschenk to the bullets extracted from the shooting victims, Werner said. Prosecutors also failed to show "a scheme," or a motive in the case, he said.

But Sweetwater County Deputy Attorney Harold Moneyhun said the mere use of a deadly weapon demonstrated malice, and premeditation was up to a jury to decide. SAMUEL SOULE Sends case to district court.