The Independent-Record from Helena, Montana on May 1, 1977 · Page 12
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The Independent-Record from Helena, Montana · Page 12

Helena, Montana
Issue Date:
Sunday, May 1, 1977
Page 12
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1 5 — The Indeportdorii Retf&M, Helena, Mont., Sunday, May I, 1977 Stretching It a bit This custom-built bus sets a new world record for the longest bus body ever made. Built by the Wayne Corp, of Indiana, it's 62-feet long and seats 121 passengers with standing room far 66 more passengers. It will be used for transporting workers to and from oil fields in Egypt. (UPI photo) OPEN DAILY 9-9; SUNDAY 10-6 SUN., MON., TUES., WED. N. Dakota trying to block Tenneco from Yellowstone BISMARK, N.D. (AP> - North Dakola has asked a state court la block Tenneco Int. from inverting the Yellowstone River tor coal Industry. The suit filed Friday by All)-. Den. Allen Olson arid the counsel for the State Water Commission, says Tenneco plans to divert waler from (he river In violation of Oie 1961 Yellowstone River Compact. Diversion of water from the river basin requires unanimous consent ef North Dnko'j) . Montana and Wyoming under a section of the agreement, tho suit said. North Dakota's legislature has not given its consent (o the Tenneco plans, and a Montana Department of Natural Resources lawyer said Saturday neither of the other states had. A Tenneco subsidiary. Intake Water Co., has filed suit in a federal court in Billings, Monl., challenging the compact on constitutional grounds. Tenneco, a Houston, Ten., enerfry, food and manufacturing conglomerate, has proposed diverting Yellowstone water for lignite an coal gasification and other uses near Wihaiw, Mont., and Beach, N.D. Also named in the suit are Intake Water and another subsidiary. Ten. neco Coal Co. The suit asks the court to order a halt to Tenneco water activities until the companies get permission from the Yelluwslone Compact states, 1 "Such diversion could reduce water supplies available to the Slate of Narth Dakota." the suit said. The Yellowstone is a major tributary of the Missouri River, which flows through the western part of North Dakota. Intake Water recently won a Montana state court action upholding a 1973 claim to 80,650 acre-feel of water a year from the Yellowstone near Intake, Mont. Tenneco and Intake Water have announced plans to divert Yellowstone water to Beaver Creek in the Little Missouri River Basin, where Tenneco flcal Co. controls a hilllDn ton lignite reserve In Golden Valley County in North Dakota and Wibaux Cuunly in Montana. "The ramifications go far beyond taking the water into Beaver Creek," slate official said. Tenneco plans could also involve diverting Yellowstone or tributary water in (he Wyoming coal region, he said. In a 1976 interview with the Uisrr.ark Tribune, a. Tenneco official said the company had not tried to get each state's consent because it would be difficult to do. "We tell it would be impossible to gel the legislative intent of three states," public affairs manager Frank Reed said, "It would be hard enough if not impossible, to get Ihe legislative intent of one state." Miss Lillian is complaining PLAINS, Ga. (AP) — "Miss Lillian" Carter, back in Plains Saturday for the first time in five weeks, added her voice to Ihose complaining about changes her son's election have brought to the (own She also contributed opinions on poodles, tennis and a recent book about hrr. "I haven't been downtown since December," the President's mother said. "People swarm around mc and crush me. They don 't mean any harm , they just want my autograph and someone to bug you." "It's gotten too commercial. We welcome tourists, but naturally we hale to see the town change," said Mrs. Carter, who is 78. "Of course from a monetary point c! view, it's good for some of the people down here," she added. "I really don't get any privacy, and 1 don't get to go out much." She said her discomfort is aggravated by a recent operation on her left leg. "I'm feeling better now, hut it is sill! difficult to walk: I have to walk a lot and I have a slight limp," she said. Work comp scandal: was ihe jury proper? By GAHV LANGLEV IK State Bureau As the dust began to settle over the latest developments In the Worker's Compensation scandal last week, one major question remained unanswered That Is, was the Helena Grand jury that indicted several persons for allegedly defrauding the state and injured workers improperly selected? In dismissing a SJ-count indictment against Missoula lawyer Joseph Goldman, District Judge Arnold Ol sen ruled that the Jury was Improperly selected The jury was drawn early in 1S75 from persons listed on Ihe county tax rolls. However, a law became effective on July 1, IsjS, requiring that grand jurors be picked from lists of registered voters. Olsen ruled that the grand jury fell under the new law because the law had changed between the time the jury was called and the first day It actually worked. But despite Olsen's ruling, districl judges in Montana are not unanimous on whether the grand jury was improperly selected. District Judge Nat Allen ruled with Olsen In another case. But two other judges, Peter Meloy and LcKoy MeKinnoit, have ruled that the jury was properly selected. Indeed, the issue may never be resolved. So what's to happen to (he indictments brought by the grand jury? Robert Keller, special prosecutor for AUy. Gen. Mike Greeley, said the triple Indictment against Helena lawyer LaVerene V. Harris and Butte attorneys Francis. C. Burgess and John T. Prolhero probably will be dismissed, and refiled direct. Prolhero will no longer be a part of it because the charges against him have been IR news analysis ] dismissed. The indictment against Anaconda lawyer Jack Seanlon probably will he dropped altogether, he added. The charges against Scanlon have been, dismissed, hut former Atty. Gen. Robert L. Woodahl has appealed to the Supreme Court. Yet the Supreme Court still may be forced la consider the meriLs of Ihe jury, albeit in a roundabout way. Keller already has asked the high court to intervene in Ihe Goldman case. The defense is expected to move for dismissal on the grounds that Goldman did not receive a speedy trial. One of the reasons he did not get a speedy trial, the defense probably will contend, is that the prosecution made an error and spent too long selecting the grand jury. Meanwhile, you be the judge: The jury was ordered empaneled on Jan. 7, 1975, by the Supreme Court. More than four months later, on May 22, the IB-member panel was sworn and seated. Now, on July 1, 1075. the new law became effective, but it was not until a monEh later, on Aug. 6, that the jury returned its first indictment— 55 counts against Harris, Burgess and Prolhero. On Nov. 13, 1975, it Indicted Anaconda lawyer Wade DahoDd, against whom charges were dismissed last week. The Goldman Indictment came Dec. 18, 1975, and Scanlon was not indicted until April a, 1976. If this grand Jury failed, it has not been the first. The reason is that grand juries are not used as often in Montana as they arc in other parts ol the country. "We don't have that mnch case law experience," Keller said. "This was kind of a field day for the defense. There were no guidelines so everything they brought up was an appealable ruling " 2 FIBERGLASS BELTS + 2 POLYESTER CORD PLIES Whitewalls Our Reg. 33.8B A78x13 .'>.,; -r H^CHiREBDKTH ST ) ' \ MOUNTING INCLUDED — NO TRADE-IN REQUIRE!) IMAINTENANCE-FREEBATTER1 I PlaA now la have your brakes in good ^ K i ^■Sealed baltery. Never needs walar. Delivers Mechanics. * ^J^e? i mm more power I ban yo_r car should ever need ^SNNMSMHKfl i - :jjH Sizes tor moslU.S cars. With Exchange iK;«!!rVlMrcl SENVICESMCIUOE: |p^^M0»L/mUIBE v^^'liH TUN&UP ' M MiY I SEHVICESIKCLUGE: I OBf "M^StfJ*m^f>^k££^BmW A" conditioned and 8 $ rM iyltt \ . 1-'UirnnjKChDlioit Js • ' mtMmf^FW^-'£ JfeSZ^^^i^» cyl. cars. $2 mnm. -lev! flHt^SI ""mS 1 IHy^'t*g*^V^, cars. S2 less. For most ft I Hp f Kfli. !,»>"• 4 Days Only IMEEP^^^f ° * " IPi"{?»r Labor inched. AddiHona. ViESfc^^^ll ^ceTTxla A 7 ■ fe:;;.?>: : " 4-i'*k« llu,s (" pari* and services exlra. \^^MS^ ISMM^Uf ^nd Services Exltu^»y ■ ? , ' ^ s^ln&jUr,y..« With Kmart' Air Plller.7.44 X^^^^^j^Bll^^r/ I Y^rffF^&tti HANDY TOOL KIT" ] ■pte i&f 1 (|y r^J®™\ \ WITH z,p pouch J j. Esffl &P|p m^mih \]l \ E frWT Tii;i 11 ipMfe'ffi&.v j — ~ ■ ' ; Excellent carry-along kit for car, truck or boal ' |:: jl-! >!\-'dJ\ll^ ^ v-'i'V, ^Crescont wrench, pliors. open-ond wronchesl ^^^^^^^^^^^^^^^^^^ i29.e»' yy 0a,'Av-Sale 4 ££96 s»/o 0088 88 Ournefl. ■ J woods 1-3-5,3 ironsSihru 9 w.1h pilch ina wedqe. Llqhtrteight steel shafts. Pi. Live in" dry shoes wilh kit' Our 5.9S Oolf BtM 1! f«r 4.97 tie. Color choice. Snvo i'oavv-dutv Ires- ar.ri . ^'1 M <• cast salt waier reel. iu* ™« . and a-pc. minicast rocf. .=UJ:l--ildii Combo "'" M Em. 5.3-oz. light reel Hanvdeluvn urari> chromo brass rool soat

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