Las Cruces Sun-News from Las Cruces, New Mexico • Page 1

Our Home Town It looks like the usual tradition of waiting until right before the filing deadline will hold true with this year's municipal elections. Weather MESILLA VALLEY--Fair tonight Wednesday. Warmer daytime temperatures. LAS CRUCES--Low to- nigh 22; high Wednesday, 62. Sunset tonight, sunrise Wednesday 8:02.

Vol. 93-No. 260 TUESDAY EVENING-JANUARY 29. CRUCKS, NEW MEXICO BUENAS TARDES Quick Look At the News The Almanac Ky United Press International Today is Tuesday, Jan. 29, the 29th day of 1974 with 336 to follow.

The moon is approaching its first quarter. The morning slar is Venus. The evening slars are Mercury, Mars, Jupiter and Saturn. Tlrese born on (his dale are under the sign of Aquarius. English-American freedom crusader Thomas Paine was born Jan.

29, 1737. State And Locally THE SENATE RULES COMMITTEE today gave a favorable recommendation to a proposed constitutional amendment merging the Public Service Commission and State Corporation Commission. The proposal, that would be subject to voter approval, would makethe new commission a five-member body. In The Nation FOUR TRUCKS WERE shot up early today, windshields on nine more were smashed and six rigs had Iheir radiator hoses cut as truck drivers conlinued a protest in Ohio over high fuel cosls and low freight rates. THE U.S.

6th Circuit Courl of Appeals ruled today that James Earl Ray, presently 99 years in jail for Ihe murder of Martin Luther King, was entitled to an evidentiary hearing which could lead to a new trial. Ever since the day after Ray pleaded guilty on March 10, 1969, lo the assassinalion of the civil rights leader, he has been seeking a new trial and permission to change his plea to innocenl. FOR THE SECOND time, the U.S. Parole Board has denied parole to former Hep. Cornelius E.

Gallagher (D-NJ) who is serving a two-year term for attempted income tax evasion. Comdhii Nixon Is Ordered To Testify By EUGENE V. H1SIIBR WASHINGTON (UPI) A California judge said today he would sign an, unprecedented order demanding President Nixon testify in the Ellsberg burglary trial. The White House said it would respond after it sees the order. "Of course we have not seen the order," presidential spokes- man Gerald L.

Warren said. "When il is received we will consider it and an appropriate response will be forthcoming." Superior Court Judge Gordon Ringer said in Los Angeles he would sign a certificate ordering Nixon to testify Feb. 25 at a pretrial hearing for three former White House aides and also to appear for the trial scheduled to begin April IS. "This will be the first lime in the history of a state court" that the President of the United States has been called to testify in a (rial, Ringer said. The action came on a motion filed by atlorneys for John D.

Fhrlichman, Nixon's former domestic affairs adviser. The motion asked that the President cither be subpoenaed or written statements be obtained from him. Before Ihe news that Ringer had taken such action, White House lawyers said (hey advised Ehrlichman that the President would not voluntarily appear in his behalf in California. Presidential spokesman Gerald L. Warren refused to say at lhat lime, however, what Nixon's reaction would be to a subpoena.

"Any discussion of that would be pure speculation and if there are any further developments they will be dealt with by the While House counsel's office as (hey arise," Warren said. Warren confirmed that James St. Clair, head of Nixon's team of Watergate attorneys, had talked recently by lelephone with Ehrlichman's California attorney. He said Ehrlichman's lawyer, identified as Douglas Dalton, requested Nixon's appearance and St. Clair told him he "would recommend againsl voluntary appearance by the President." Warren also declined to say what Nixon's altitude would be toward furnishing a sworn deposition in the case.

The Ixs Angeles Times reported earlier in the day lhat Ehrlichman's lawyers will ask a California courl to subpoena Nixon so Ihe President could testify lhal Ihe burglary of Daniel Ellsberg's psychiatrist's office was a legitimate federal police action. Nixon praised Ehrlichman as "one of Ihe finest public servants 1 know" shorlly after Ehrlichman resigned last April 30 in Ihe wake of the Watergale scandal. GOP Opposes Delay On Impeachment Vote THE DISTINGUISHED SERVICE Award, given annually by the Las Cniccs Jaycees, was presented to Phil Reed (right) Monday night during the jaycce Awards Banquet. Congratulating the president of Phil Reed Chevrolet-Olds are (from left) Mayor T.J. Graham, President Roy Boonc and banquet guest speaker State Apodaca.

(Diven) White House Requests Energy Powers Killed AN ENVIRONMENTAL PROTECTION Agency official said today some municipalities will be hit this year by a shortage of chlorine to purify drinking water, but that the supply should improve in 1975. Deputy Administrator John T. Rhett urged approval of legislation giving the government standby authority to impose a mandatory allocation system on the industry "to cope with serious shortage situations if such should develop during 1974." MELVIN R. LAIRD predicted today thai President Nixon will not resign or be impeached. Laird, who leaveshis post as While House counselor Friday, made the assessment before (he Sarah McClendon Press Briefing Group in the White House.

ALEXANDER SCHMIDT, commissioner of the Food and Drug Administration, said today the FDA has spent $6.5 million in the last four months to inspect 75 million cans of mushrooms because of a bolulism scare. The project has so drained the FDA's money and manpower, he added, that 10,000 other priority fond inspections, involving such things as fish, shellfish, dairy and grain products, will not be carried out this year. Around The World EXTREMISTS SPRAYED machine-gun fire at a British Royal Air Force bus on a rural Northern Ireland road today, touching off a gun battle thai killed a woman in a nearby house and wounded two airmen. The death raised the fatality loll in four years of violence among majority Protestants, minority Roman Catholics and security forces to 944. DISCOVERER of the comet recently observed by Skylab III, left Chile afler a month of studies al an observalory and relumed lo his home in Germany Monday.

WASHINGTON I -President Nixon today asked the Senate lo kill legislation that would give him sweeping emergency powers to deal with Ihe energy crisis and lo draft a new bill without a section lhat would curb windfall profits to the oil induslry. In a letler to Scnale Republican Leader Hugh Scott, Nixon said it would be "most unfortunate" for Congress lo pass Ihe compromise version worked out by House-Senate negotiators. Lubes Kohouttk PRESIDENT HUGO BANZER imposed a slale of siegein Bolivia Monday night to combat what he called an allempl by foreign guerrillas lo sel up bases in his country for attacks againsl other nations of South America. Banzer, in a radio and television speech to the nation, said his right-wing government inlendedto ousl leftist guerrillas and maintain peace and order in Bolivia. Absentee Votes Okayed By City For Ihe firsl time in Las Cruces, provisions have been made for absentee voting in the March 5 City Commission and municipal judge elections.

Absentee balloting in municipal eleclions came aboul as a result of recent changes in state law, explained Deputy City Clerk Nancy Babnik. To be eligible lo vote, either absenlee or regularly, in Ihe March 5 election, persons must be registered to vote in the city. Deadline to resiter is 5 p.m. Monday, Feb. 4 in Ihe Counly Gerk's Office, Dona Ana Counly Courthouse.

The only qualification to register is a minimum age of 18 years. Municipal positions to be voted on include cily commissioner, Dislrict One; city commissioner, District Three; and municipal judge. The commissioners' terms of office are four years and the municipal judge's term, previously two years, will now be four years. Volers may apply for an absenlee ballol between 8 a.m. and 5 p.m.

in the City Clerk's Office, Municipal Building, 200 N. Church St. There are two categories of persons eligible for absentee voting. In the first are those people who will not be in Las Cruces on election day who are members of the U.S. armed forces or merchant marines or their dependents or spouses; and those who are citizens of the United Slates temporarily residing outside of the lerrilorial limils of the United States and the Dislricl of Columbia and Iheir spouses or dependents residing with them.

These people may apply in person or by writing the City Clerk's Office, and their applications should be returned by Friday, Feb. 8, in order lo vole by mail. In Ihe second category are all other people whose duties, occupation, business or vacation requires them to be out of town when Ihe polls are open on election day; those whose illness, injury or disability prevents them from being al the polls; and those who cannot vole regularly because of the tenels of Iheir religion. Those voters who fall in this category may apply in person or by writing the City Clerk's Office, and their applications should be returned by Wednesday. Feb.

20, in order lovoleby mail. Two melhods exist for casting an absentee ballot.After applying for an absentee ballot and being certified as eligible, a person may vote in person up to 5 p.m. March 1 at the booth in Ihc Cily Clerk's Office; or he may request a ballol be mailed lo him, which musl be returned to the City Clerk's Officeby 7 p.m. Tuesday, March 5. The Senate was to vote at 4 p.

m. EDT on a motion to return the bill to conference. If lhat fails, the Senate would vote on the compromise bill. "The lime and opporlunity now exist for refining this legislation which was so hastily put together during the closing days of the last session," Nixon said. "We have been able to make do without emergency legislation thus a and I urge you and your colleagues to take the additional lime required for developing a truly responsible product." Nixon said 13 sections of Ilic bill present difficulties, and added some do not belong in the bill and olhers should be modified.

Specifically, Nixon called for eliminating Ihe sections which create a federal Energy Emergency Administration; a section which would curb windfall profits; and a section dealing with unemployment which might be generated by Ihe energy crisis. By HOWARD FIELDS WASHINGTON I -Republicans, fearing that they have the most lo lose by a long impeachmenl proceeding against President Nixon, plan to Iry for a vote in the House Judiciary Committee by April 30. GOP committee members decided Monday lo try to include that cut-off date in a resolution seeking a formal House mandate for continuing the impeachment inquiry and subpoena powers for the commiltee. The committee vole is expected Thursday. Special counsel John M.

Doar and chief GOP counsel Albert E. Jenner were to brief the enlire committee today on the progress of the inquiry. Committee Republicans instructed Jenner al the caucus lo research (he theory lhat a Presidenl is responsible for the acls of his subordinates. Jenner satisfied Ihem that he did not advocate lhat viewpoint in a television interview in Chicago earlier this month. Target Dale I.ate April Chairman Peter W.

Rodino has said he was shoo I ing for a large! date of "late April or thereabouts," but he could then add, "I won't be locked into it." Aware that a White House refusal lo cooperate and failure lo get evidence Special Prosecutor Leon Jaworski has collected could delay impeachment proceedings, Republicans were united in a plan to then ask for an extension of the deadline. "If the Jaworski obstacle occurs, then we will ask for an extension," said Rep. Robert McClory, second-ranking Republican on the committee. Hep. Tom Railsback, said of the April 30 dale, "Many of us support that, but if (here is any obslruction by Ihe White House, Ihen we would vote lo extend it." Although they said Ihey cxpecled some Democratic support for Iheir amendment, it was not likely the a i Democrats would allow il to pass.

Democrats outnumber Republicans, 21-10 at present, wilh one GOP vacancy. House May Vole Anyway It Ihe Judiciary Committee should fail lo recommend any articles of impeachment, it would nol mean there would be no House vote on impeachment, Speaker Carl Albert said Monday. "I've been led lo believe by some prelty strong talk in the House that there will be a vote on (he 1 he said in a news conference. "One of the resolutions will be called up." An impeachment resolution is a privileged one and debate can be slopped if any sponsor chooses to call up his measure. Rep.

Paul N. "Pele" McCloskey, one of the 14 congressmen who have inlro- ducedimpeachmenl resolulions, told UPI. "Yes, I would" call for a House vole on impeachment if the Judiciary Committee fails to recommend il. He said he wouldn't expecl it to pass withoul a favorable recommendation by the committee, but he thought (here should be a House vote. City Man Files White ALBUQUERQUE (UPI--A Lai Crticw'mari employed at the White Sands Missile Range Monday filed a class action suit in Albuquerque federal court, alleging Mexican Americans are discriminated against, at that military installation and at Holloman Air Force Base.

The suit, filed by the Mexican American Legal Defense and Educational Fund in behalf of Samuel Barba, also asks lhat Ihe government inflate a four year plan to eliminale discrimination at the two facilities. Barba, a freight rate specialist at White Sands, alleges he was denied a promotion in 1971 and the job eventually was awarded to an Anglo. The suit alleges all Mexican American employes at WSMR and Holloman AFB are frequently not hired in proportion to their population in Ihe state and if hired, are placed in lower paying positions. Thesuil, which names as defendants Col. O.D.

Cunningham Holloman base commander and Air Force Secretary John L. McLucas, alleges violation of the Civil Rights Act. The suit seeks to have Barba promoted to the posl he applied for in 1371 and asks for an injunction against the defendants to prevent the continuation of the alleged discrimination. Local Pet Survey Scheduled To Learn Inoculation Rate Today's Index 10 3 Area Resldenls Around Las Cruces Bridge Comics 6 Crossword 6 DearAbby 5 Editorial 4 Entertainment 6 Horoscope 6 Local News 3 Movies Oblluarles 2 A I Sun-News Stall Wriler Plans to conducl a massive pet survey and a call for volunteers was announced Tuesday at a meeting held in the Health Districl Office and attended by a i of a i agencies. The purpose of Ihe drive will be lo learn what per cent of Ihc pet population is innoculaled for rabies or distemperand to warn owners of Ihe critical nature of the currenl rabies problem.

The aims were explained by O.A. (Chuch) Fournier. dislrict health administrator, and Gaylord Bird, a Society president Al the same lime, it was announced thai the third case of uj .5 iCJorts'' 1 rabies was confirmed for Dona Slate News 8 Ana Counly in Sunland Park. Sock Report Survey volunteers are being World News 10 asked lo meel on the west side of the old hospilal building from: 8 a.m. lo 4 p.m.

Friday and Saturday and 1 lo 4 p.m. Sunday. Bird said aboul 250 people have volunteered but lhal 400 arc needed. Tills weekend's survey will be limited to Las Cruces and surrounding communities. In addition to Ihe Ihree county rabies cases, the total for the area includes 11 in Cd.

Juarez and six in El Paso. To stress the seriousness of Ihe problem, Fournier and Hay Apodaca. assislanl manager, said lhal only one per cenl of the stray animals lhat have been picked up have been innoculated. Oneresidence near Iji Mesa had 35 dogs, none of them innoculaled. One problem is what lo do aboul the wild dog packs in the desert.

Fournier said Texas aulhorilies informed him thai il takes four vehicles in constant radio contact lo round up a dog pack. Maj. Mike Frielze and Araul- fo Gutierrez CW2 represented Ihe National Guard. Frielze informed the group that the guard can only be ordered out by the U.S. Adjutant General.

This could be accomplished cither by having (he health office of joint cily-county commissions contact the governor. Although no plans were made today, il was mentioned that il might be necessary to eliminate Ihe dog packs. This was one reason why the group was anxious for Ihe public lo understand the crisis. If eradication operations are initialed, any loose animal will be considered a stray. Also attending were: Russ Lowe, Red Cross; Carol Salas, Civil Defense, and Tom Rap- koch.

Dona Ana Counly Radio Club. --JMJ A Controversial School Funding Formula On Senate Agenda By JOHN A. WEBSTER SANTA FE, N.M., (UPI)--The new formula lo compute state aid to public schools, one of the more important and possibly controversial measures before the 1974 l.egislalure, was contained in a bill introduced Monday in the Slale House The bill (HB85) gives emphasis lo such faclors as population sparsily, teachers qualifications and special education programs in figuring out state schools. It carries no actual public school appropriations, another controversial item which will be included in the General Appropriations Act The measure, sponsored by Rep. William Warren, D-Bcrnalillo, and other members of Ihe Lcgislalive School Sludy Committee, was referred to Ihe House Educalion and Appropriations and Finance commit lees.

It is scheduled to be heard Wednesday in the Educalion Committee. In other House action Monday, bills were inlroduced lo create and fund a hosl commiltee for the 1974 a i i a Legislative Conference (HB76), scheduled for Albuquerque next August, and lo boost the minimum pay scale for stale employes from S347 lo $390 per monlh (HB78). Additionally, a move to recall from the Senate the bill to lower a i slale speed limils failed on a lie vole. Bills lo crcale an additional judge in the Sixth Judicial Dislrict were introduced in both Ihc Senate and House Monday (SB64 and IIB7H. The district, which consists of Grant, Hidalgo and Sierra counties, is presently served by one district judge.

The legislation authorizes an appropriation of for the proposed judgeship. The proposed school funding formula, which mny produce a dispute between lurge and small school dislricls, in corporales a system of "weights" to be used in determining Ihc amount of state funds a district would receive. Students in classes requiring more dollars would be weighed more than students in regular classes. For instance, a student in a special education program would receive added weight under the formula. Afler the weighing nf all sludcnls is delermincd, the figures are multiplied by a factor taking inlo account a school's average leacher experience.

That calculation provides additional dollars for schools wilh more highly a i i teachers. An additional factor is then computed to compensate schools for Ihc higher cost of educating students in rural areas. That "sparsity factor" is expected lo become a bone of contention between small and large school districts. If the bill is approved by Ihe legislature, the formula would replace an existing formula which Public School Finance Chief Harry Wugaltcr has warned may be challenged in courl. Rep.

II.B. Barnard, D-Curry, moved lhat the speed limit bill (HB8), which wculd drop maximum slale speed limits from 70 to 55 miles per hour, be recalled from Ihe Senate. The House had passed Ihe measure on a 56-6 vote last week. Barnard said the measure could result in higher aulo insurance rales. "If this bill is nol handled somewhat differently, it will cause a possible increase in premiums on each conviction for a speeding violation between 55 and 70 miles per hour or anywhere between $50 lo $60 per year," he said.

Barnard's motion was defeated on a 3333 roll call vote..