The Missoulian from Missoula, Montana • 22

MONTANA ITICA Montanans faced with glut of initiatives! UNDUI fef 600 Aht Waitermire defends his decision on Initiatives lit I I KPt i )i t.cj i 1- a a tij -r-i hi -i hts; I i Id at) nf.Uitt Ml te i. a IT a Irj.rffl (irt ID H-f 4 Unt U'jiit h'4 Mi: I lil fcil Ji-itufft ha, i in it l.t Ihiowtf tn, kfil u.nrrt f) tMt kf tl te Wl.VftiK, Ur u' th. it fufihiitj (of i rfft.jf )tif, Jrt4 hra rU'Xt A(od for cltultion: ft. H.r';f itli liitdi Mo itiUt -i ire Htif iJal.ny Mai Ua 1.1 tiuHUUJ'lil fc.juilciitcif tt'l wFn-il tV.rf-ii'.u i 'r ffiiiicii'i ij 0uttiiiie fiy jrt-. tif (aid! Uf.i 11)1- flW Ir latn i It It) 1 fur4 Wfj Vft Mir ahf44y iiiiji'M-4 UmJ anJ re juiif fhe tml mriiuf iii If it) jual jt.

ttiftttin i4ie h4 I014I (. rinmetii lis? final note oil-iuie ihe clane ur iff rt t'iffiliium, I frjuting the ue of Ihe limn I'M iomt meiiilr 10 and fioni JO eit4lc( li) JO, CI J7 Hcafinf a i)ttn at annual. uieiJc land Jutir. Tntti vly approved; I III faifi the mini' mum wage ftpin $VJ5 per t-tur 10 by Dec I'M. rrquiiutg cnitiinal penalties for coiuiituiioual Vittla-lion and due proven of for people deprived of their ilulJrcn.

t'l-39 requiting a new election for ballot tnesiufe voided by the court. Under rvlw: Mandatmn licensure of ma- jt fjlkj IJ li- I'r I 'i '''t. 1 Iii La ') frffiKi t'iu last )fif lta-H: It.stako ifi'f-! frVV f- I- i -I t'iitt-J li ttjtviit t.r Sw, pfciiif tiy(l 1.1 Jhj fOfM I fte i ife of jcar, l' jalatufe' title 4 I) ruamUiil (IcrM (Cr-juuiiig i te a. i pn ter4 4ti hi. Ilf Paiitdby UgiUtur: Uffrfefidam 1' CMiitinwini the utei 6 mill Irvy fwndifsf lie imffiiy )iicm ArtirnJinehl 17 ftiimih on mi stiintenl of put'tiv fuftJ.

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iioiu (tut Mke t4iid en 14:101 jvue. funning otit-of t.it and fHihtkal action coiwnitice tontri-butiom ta C4inp4ign. Muling attotne)) ineligible 10 hold office in ihe IcguUiite and executive branches. Kesjuinng ue of only paH-r ballon in election. limiimi office holder! lo It) p.

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nih4tir rtiusl 4rnef tiii-nn luppori to mtiiijf bil-iH S4iuii)ry inituiitc rtcrJ In al kaM J4 diitfict, I'ropowJ eun ktitutwital aifienJinenti require J7.1IV7 in al kavt 40 (J June 24 i ihe for jHn54r lo lubimi petition ign. luir 10 county rlcviion offiiiaU, who are fCMH'initile for cfifin Ihe name irgistcrcJ voier. I'ctitiun muM feah ihe Secretary of Staie'i Office by July S. Here luminary of ballot measure proposed far and Ihtif srt IhIi j(iiina4 tft 4 Jim Wltrmlr ftuf i.l CI 27 It.iaoff, lt MoliUft jH! ull MK lt luM- Jf j( initialise Ua rf, iuii r'fv(itn fif i m44 In a ff af4if bl raf. Itfwt iu Mrnwii nf MUhtiU KiJcJ lh cintiott tl wi He luvtj 10 WUrf a rc ftcvUofi lrt cs'irf luuf, luil haJ 8 ContEiiuiMina! My ll fwl mramiri lcfcf trr UiJ itsdftih y4ecJ Ifwi tn.ih ittc4Mict pUif en ife cumfy tailni in June adr ihc Sujtftfuc (Vufi iuk M4fh Jl lahclhrt hf iiti Uf iuh a fiut I flglunj, a MixouU afiiniif)-, miJ r4ilirf ihu rrV lhl he Jhc couu Uiin'l have the au- id.Kiiy ia run aruuttj puiting snyOtjng on iic Ue 4ni 10.

whenever anit la WalicrmifC nuinuincJ ThJay, luccf. thai llcnwn clearly InJkaif thai ihc tcreury of uic luJ a cooMiiutHHiitl July la pul Ihc mfiisure on ihe balUH. AnJ, he wij, ihe lue coulJ Ix rcMihcJ qukkly if in-Icrol group uh a izl in Ihc rnr-muo tiulJ "pul (lie inicrcMf of Ihc liipayert anJ voter aheaJ of iheir cn Kllih inieroi." Lawyers find flaws in proposed ballot measures By BOB ANEZ Aw (i'i Pm Tritz enters District 31 race raperworkcri' union executive Ken Triu hav dcciJed lo enicr iiaie politics, running as a Democratic candiJ.iic for Ihc Montana Senate in Distncl 31. The scat is now held by Republican incumbent Uill I arrcll. Jobs, equitable tax reform, adequate funding for schools and the university system are among the priorities Triu mentioned.

"I can't promise the people of District 31 CI. that I have all the answers," he said in a press release. "I can promise them that working for tongtcss are dutaied by the U.S. Constitution and it make no mention of previous term in office, she noted. "A state constitution cannot alter Ihe qualifications contained in the federal Constitution that pertain to a member of Congress.

"1 suggest that you drop any reference to federal offices in your initiative to avoid a constitutional challenge," Lane said. The amendment to allow people to choose their own legal counsel and to represent themselves in court may not be unconstitutional, but "is likely to throw the state court system into total chaos," wrote Eddye McCIure, another staff lawyer. The Supreme Court's Commission on Practice has adopted rules of procedure to maintain orderly and fair operation of courts, but the proposal makes no provision for training people in such critical matters as basic courtroom procedures, legal fundamentals or courtroom strategy, she said. "If approved by the electorate, it is likely that your proposed initiative would result in inade establishment of religion." Several U.S. Supreme Court cases have held that the clause "generally precludes public funding of support for any education-al program involving any rclii gious doctrine or values." Coglcf wrote.

He said Marbut'l proposal would violate court rulings thai public funding for sectarian, schools is not allowed if it ad vanccs a religion or results in excessive entanglement of govcrnr nieni in a religion. Also, Cogley said, the voucher system would conflict with a cotv stitutional mandate lor the Montana Legislature to appropriate money only to entities under control of the state. By specifically exempting sectarian schools froir) state authority "there can be no assurance that public funds are being properly spent," he said. The amendment, already. to long and complex for the Constf; tution, would have to include changes in at least three more scd-tions of the document to be legal, Cogley said.

quate and ineffective legal representation, trivialize the legal profession and render an already overburdened state court syvicm virtually nonfunctional," McCIure concluded. She also said the measure's at-lempi to restore full access to ihc courts for people suffering work-related injuries appears to violate the constitutional ban on proposing more than one amendment in a single ballot measure. McCIure predicted that latter part of the proposal would lead to abolishment of the state Workers' Compensation Court. The school funding initiative was sponsored by Gary S. Mar-but, a political activist from Missoula.

It would create a tuition voucher system of education in which all public funds available for schools would be distributed to parents of school-age children, who (hen would decide where their children will be educated. Attorney David Cogley told Marbut the plan appears to violate identical provisions of the U.S. and Montana constitutions that ban any laws "respecting an HCILNA Attorneys for the egislative Council have found serious flaws in three proposed constitutional amendments that would limit terms of public office, allow non-lawyers lo represent people in court, and provide public funding for private schools. It is the second lime in two weeks that the mandated reviews of proposed ballot measures have shown serious constitutional problems. Three earlier proposals by a group called "We the People" were laced with similar faults, analyses showed.

Two of the three latest amendments also came from that Ronan-bascd organization. The measure to limit terms of office to two years mistakenly tries to restrict terms for congressmen and U.S. senators from Montana, Valencia Lane, an attorney for the Legislative Council, said in a letter. Qualifications for a member of sound, common sense solutions to these crucial problems will receive my complete attention." He said he plans to visit every household KanTrru in District 31, which includes Target Range, Lolo, Orchard Homes, lorcnce, Stcvcnsville and Big Hat. Tritz, 51, has worked at I renchtown's paper mill, now owned by Stone Container since 1969, and currently is serving his 10th consecutive one-year term as president of United Paperwork-ers Union Local 885.

He held a high profile recently during tense labor negotiations between the union and Stone Container. Tritz and his wife, Sandy, live in the Target Range area at 2020 Woodlawn Ave. They have four children and six grandchildren. List of legislative candidates grows HELENA Four more legislative candidates and a district judge paid their filing fees Friday, with the March 24 deadline for primary election filings is less than three weeks away. Reps.

Ted Schye, D-Glasgow, and Angela Russell, D-Lodge Grass, filed for re-election. Schye's only opponent so far is Republican Robert Hansen of Glasgow; Russell does not yet have a challenger. Ervin Davis, a Democrat from Charlo, filed in House District 53 to oppose incumbent Al Meyers, R-Arlee. Davis was defeated by Meyers in 1986 by 60 votes. Warren O'Keefe, a Great Falls Republican, filed in House District 41 where incumbent Democrat William Strizich is running.

Meanwhile, District Judge Joel Roth of Great Falls filed for a new six-year term in the 8th District. Since the period for filings opened Jan. 25, the secretary of state's office has logged 158 legislative and 23 district judge candidates. In the legislative races, Democratic contenders outnumber Republicans, 86-72. Eighty-four incumbents have filed 17 in the Senate and 67 in the House.

Attorney: it's hard to stop obscenity in Montana depict sexual conduct, which taken as a whole, appeals to the prurient interest in sex or portrays sexual contact in a patently offensive way which, taken as a whole, does not have serious literary, artistic, political or scientific value." Dunbar said the U.S. Supreme Court has held that obscene materials are outside the scope of the First Amendment and are not constitutionally protected. Child pornography is in a class by itself. It is illegal to receive or possess any sexually explicit materials featuring children. Dunbar said four Montanans have been arrested on federal child-pornography charges so far.

Three were convicted and received long sentences. The fourth suspect committed suicide in a jail cell, Dunbar said. One of the Montana arrests resulted from an international sting operation run by the U.S. Customs Service last year. Federal officers made nearly 150 arrests in that operation and another operated by the postal transfer, or offer to do so." President Reagan's proposed Child Protection and Obscenity Enforcement Act of 1987 would make it illegal to receive and possess obscene materials, he said.

Dunbar said it is usually up to local law enforcement to handle obscenity cases, and in Montana that can be difficult. "Montana has not set a community standard and, in fact, has no law directed to obscenity except to those under the age of 18," he said. Dunbar said he doesn't make any recommendations one way or another on obscenity laws. If Montanans are interested, he said, they should talk to legislators about enacting new laws. Dunbar also said state law allows local governments to enact ordinances that may be more restrictive than what the state has.

A few, including Lincoln County, already have ordinances under consideration. Dunbar said the federal definition of obscene materials includes "violent and offensive forms of pornography that describe or BILLINGS (AP) U.S. Attorney Byron "Pete" Dunbar says the fight against the spread of "obscene" material is ham- pered on numerous fronts, including the fact that Montana has not developed a community standard on the issue and current law only targets people under 18. He noted that some groups in the state, particularly in the northwest corner, have developed a keen interest in outlawing such materials. Dunbar said he has received several letters on the subject lately apparently in response to some proposed federal legislation that would make distribution of obscene materials more difficult.

In Montana, however, there hasn't been as much action. "There is a statute regarding interstate transportation of obscene material," he said. "However, the large-scale purveyors of filth do not operate and distribute from Montana, and we are primarily recipients. "It is not illegal, federally, to receive or possess obscene material with intent to sell, Winslow raps 'irresponsible' voters BOZEMAN Republican gubernatorial candidate Cal Winslow has criticized Montanans "who vote i i -rr I' ,) 0 irresponsibly" and then complain about the Legislature. "There's a problem in the Legislature," he acknowledged before a Bozeman audience, "but there's also a problem right here in this Winslow, a four-term state representative from Billings, cited as an example of misguided voters the residents of Carbon County.

Eighty percent of the voters there favored an unsuccessful 1986 initiative that would have banned property taxes, he said. And iust months later, residents "enrtie up to Helena by the busload to demand that Cal Winslow legislators keep their schools open," he said. Schools are funded primarily by property taxes. Dry soils aggravate state's low snowpack conditions Levy would support hoalth agency Associated Press Mlstouilan state's spring and summer stream flows. Phil Fames of Bozeman, the SCS snow survey supervisor, said snowpack for lower elevations is closer to normal, but most of that will be gone by the end of May.

Snow at higher elevations generally lasts into July and serves water users, such as irrigators, well into the summer. "We're not going to have the late-season runoff if this condition persists," Fames said. "The runoff will be concentrated in the early part of the season. We would prefer to have it reversed." He said higher elevations did not start getting snow until mid-November about six weeks later than normal and storms have not dropped large amounts Marias and Teton River drainages. The Missouri River Drainage, including the Madison, Gallatin Judith-Musselshell and Milk Rivers are at about the 70 percent level.

The Yellowstone draingage is at 68 percent and the Bighorn and Powder River drainages are at 77 percent of normal. The Little Bi Horn and Tongue River drainages are slightly above 80 percent of normal. Fames said snowfall in early February was near or above average, but dropped off during trie latter part of the month. Warrh weather at the end of the month started some melt at lower elevations and stream levels remain at near-record lows. of snow at higher elevations.

Fames also said the ground is so dry that much of the early runoff will help moisten the soil, never reaching streams. Last year, snowpack was only slightly lower for this time of year. Farmers and ranchers were saved by consistent, but unseason- al rains through July. "The current snowpack conditions mean that the stream flow from melting snow will be low, and once again the timing and amount of rain will be critical for spring and summer stream flows," said Glen Loomis, SCS state conservationist. Northern Montana has the lowest snowpack this year, ranging between 60 and 65 percent in the Kootenai, Flathead, Sun, This year's $418,000 health budget is supported by fees plus a levy of 1.473 mills, according to Earl Bennett, administrative assistant to the county commissioners.

The department is projected to fall $160,000 short next year, he said, and will need a mill levy of about 3.74 to make ends meet. The levy before 1987 had been around 3.4 mills, he said. "The problem is anyone who had been conservative in their budgets prior to 1-105 really got hurt," he said. "Anyone who had a high levy was in pretty good shape." Commissioners voted Monday to put the Health Department levy on the June 7 primary ballot. The question about snowpack in Montana centers on how little there is rather than how much.

The U.S. Soil Conservation Service's latest snow survey figures show the mountain snowpack is at just 70 percent of normal and only slightly better than last year at this time. This year's low snowpack condition is aggravated by dry soils throughout the state, and the snowpack at higher elevations is lower yet, meaning summer runoff will be lower, the figures suggest. By March 1, 85 percent of the season's snowpack usually is on the ground. Melting snow provides as much as 70 percent of the KALISPELL Flathead County voters will be asked in June to raise property taxes slightly in order to support the county Health Department.

The tax levy for the department was cut last year, and the department spent reserve funds to make up for the cut. But that meant the county mill levy for health was relatively low last year, the benchmark year in which the Initiative 105 property tax freeze was implemented. Now, under the state law implementing 1-105, county voters must go to the polls to bring 'the levy back up to historical levels. Any tax increase over the 1987 level requires voter approval..