The Atlanta Constitution from Atlanta, Georgia • 10

1 Dec. 29, 1981 10-A Death Row Prisoners Complain Of Limit On Gifts By Brenda Mooney Constitution Staff Writer Nearly two-thirds of Georgia's Death Row. inmates have signed a petition saying new 1 rules that limit the number of holiday packages they may receive are unfair, especially since "our loved ones and family may never have an opportunity to share the joy of Christmas with us again." "We are here to die and never be released," states the petition signed by 54 inmates at the Bowers Remap Affidavits By Carole Ashkinaze Georgia Diagnostic Jackson and "This of us will live to The inmates ceive only three compared with packages in approved presents ded nuts and could receive and boxed cereals. Gets Plan Constitution Staff Writer State Attorney General Michael Bowers plans to deliver to U.S. Justice Department officials Tuesday sworn affidavits from at least 28 Georgia senators, declaring that their reapportionment plan went "regular" channels and was not intended to discriminate against minorities, as critics have through, charged.

Bowers, who collected the senators' signatures at a closeddoor meeting Monday from which the press and some senators were barred, said afterward that he expected the affidavits to satisfy federal inquiries about the plan. But the tactic infuriated state Sens. Franklin Sutton, D- Norman Park, and Bud Stumbaugh, D-Stone Mountain, two who weren't invited, and they said they didn't feel state business should I have been conducted "in Lt. Gov. Zell Miller and Senate Majority Leader Tom Allgood, D-Augusta, who had called the meeting, invited only the 38 who had supported the Allgood plan, which was finally adopted last summer; this also left out State Sens.

Perry Hudson, D-Hapeville, who chaired the Senate Reapportionment Committee, and Frank Eldridge, D-Waycross, who heads the Senate Rules Committee. Bowers took responsibility for closing the meeting. That was done to protect his "lawyer-client" relationship with those who were asked to sign affidavits, he said. That was "just a dodge," according to Stumbaugh, who had accused them last summer of trying to "get rid of" several "maverick" senators. "I don't like secret meetings," he said angrily.

Bowers, Miller and Allgood denied the allegation and later released copies of the affidavits and the names of the signers, in response to demands from reporters who had waited outside the meeting room for more than an hour Monday. Allgood said he had sought the meeting because "this was the first time in my adult life that I've been charged with being discriminatory, and I wanted to respond to that. It's not true, and that hurt me." Allgood had admitted publicly last summer that he had been assisted in the drawing of the new district lines by a conservative lobbyist from south Georgia and that several meetings bad taken place outside the state Capitol in lawmakers' homes and hotel rooms. But, he said Monday, "the bill itself went through the normal committee process. That did not satisfy Sutton, who could lose his Senate seat as a result of the plan.

"They (Senate leaders and Bowers) don't want the public to know what they're doing. Anytime the press is not invited, that is not ethical, that is not honest, and the people should not tolerate it," he said. Sutton would have to run against another incumbent Democrat, freshman Paul Trulock of Climax. Members of the Legislative Black Caucus and the National Association for the Advancement of Colored People had com- Contest By Sharon Constitution With the voting for the presidency of seems to be as undecided ago when four interest in the post. Announced candidates dent June.

Cofer, a board; D.F, Glover, trict Richard Raymer, Finance Committee, member-elect from Normally, the race would be little more keeping chore of little Delays At terns for delays of allowed to land temporarily lifted, Hartsfield als each hour during said Carr. That 8 a.m. and 9 a.m., a.m., and returned said. Hartsfield departures during some departures ing planes were time. Monday's fog, him extended to traced to Sunday's skies and dropping tional Weather dra.

As the ground and formed fog, winds to disperse formed, east winds brought more ened the fog. and Classification Center mailed to corrections officials Christmas season may be the last see." complained that they may 10-pound packages this an unlimited number of 1980. They also noted that the for 1981 are fresh fruit, candy bars. Last year, they factory- packed cakes or pies, Atty. Gen.

plained that the plan state legislature did not dilute minority voting The senators invited ference room at the state that, to each one's knowledge, the regular committee ered by the General Each also was asked knowledge, "the districts discriminate against any voting strength" and that denying or abridging the race or Only one state senator, to sign, for what Greene believed to have refused Sen. Lee Robinson, D-Macon, uency in the plan and is election. However, Greene The affidavits were tors, Atlanta Democrats Republican Paul Coverdell tions," Allgood said. Tate members of a minority phrase to the effect that lines that he had had a hand Bowers, who planned For J. Salyer Staff Writer only six days away, the race the Atlanta School Board now as it was two months candidates first announced their are board Vice Presi12-year veteran of the school board member -elect from Disc chairman of the board's and Bob Waymer, board District 6.

for school board president than a governmental housepublic interest. Airport about 30 minutes and were during periods when the fog Ms. Cook said. normally sees about 60 arrivperiods of heavy traffic, number was cut to 40 between 45 between 9 a.m. and 10 to 60 from 10 a.m.

on, he placed no restrictions on the dense fog, he said, but were delayed because arrivunable to make connections on which Carr said pilots told about 4,000 feet, can be rains followed by clearing temperatures, said NaService forecaster Bruce Can- began to cool, vapor rose Candra said. There were no the fog, but once the vapor from the Atlantic Ocean moisture to the area and thick- near The formal complaint Mon- rules was addressed to some fender Rehabilitation and Rehabilitation Commissioner re- There are now 87 year, under death sentence in 20-pounding their sentences, and only pected until next year at the shredalso While the prisoners chips policies are "open, blatant all of us on Death Row," Mike Bowers, Lt. Gov. Zell submitted by the predominantly go through normal channels and would strength in some districts. to the meeting in a second-floor Justice Building were asked to swear the Allgood plan "went through process just like any other bill considAssembly." to swear that, to the best of were not (drawn) with any intent minority group or to dilute minority the plan "does not have the effect rights of any person on account Richard Greene, D-Macon, refused called "personal" reasons.

Greene out of loyalty to his close friend, who lost 40 percent of his constitexpected to have difficulty winning refused to confirm that. signed by Georgia's two black Horace Tate and Julian Bond, and of Atlanta with only "slight variaand Bond affirmed that they race. Coverdell insisted on adding he was attesting to only those district in drawing. to travel to Washington Tuesday Presidency But because of the severe the school system faces, the race will be an early test of how well with its four new members gether. The nine school-board th January.

will immediately shortfall for the. 1982-83 school cials say property taxes may have mills, up to 10 schools may have some administrative positions ped. A bitter fight over the board split the incoming board into before the panel begins to grapple financial problems. DIES AT AGE 86 James Curran Davis, seeking a change in the state Board of OfDepartment of Offender David Evans. men and four women Georgia, All are appealno executions are exearliest.

complained that the new discrimination against DOR spokeswoman Sara Englade said the rules apply to all prisoners. Mrs. Englade said she had spoken to Jackson prison Warden Walter Zant, who told her that "last year. there were no statewide regulations. An Oct.

8 operations bulletin from Deputy Commissioner Ronald Powell limits all inmates to up to 30 pounds." Zant informed the condemned prisoners of the changes in November, Mrs. Englade added. But the petitioners said the new rules are especially unfair to them and their families be- Staff Photo -Lanna Swindler Miller and Sen. Tom Allgood Depart From Meeting white morning for meetings with Justice Department officials, said he would take the 28 affidavits with him and expected to be able to submit 10 more before the federal investigation is completed. Bowers had sent a detailed defense of the plan to Washcon- ington by private courier last week, together with a box of supporting documents.

Bowers said he would ask them to complete their work before the General Assembly convenes Jan. 11. A disapproval or delay could throw the 1982 legislative session into turmoil, his according to House and Senate leaders who, because of federal to budget cuts, have predicted the toughest budget battle in years, of The Justice Department had asked for information about of the reapportionment of Senate districts in Bibb, DeKalb, Chatham, Richmond, Muscogee Counties and portions of southwest and east central Georgia. Plans for Georgia's 5th Congressional District and several House districts are also under review. was state According to a list released by Bowers, affidavits were signed by Allgood, Coverdell, Bond, Tate and state Sens.

Nare- than Dean, D-Rockmart; Lewis H. (Bud) McKenzie, D- Montezuma; Joe L. Simpson, D-Smyrna; Sam P. McGill, D-Washingtos; Loyce W. Turner, D- Valdosta; Steve Reynolds, D- Jimmy Lester, D- Augusta; Paul Broun, D-Athens; Tom Scott, D- by Decatur: Al Holloway, D- M.

Parks Brown, Fincher D- E.G. Summers, are J.H. Timmons, D-Blakely, Terrell Start, D-Forest Park; Bev a Engram, D-Fairburn; Bill English, D-Swainsboro, Roy Barnes, D-Mableton; Kyle Cobb, D-Griffin; Ronnie Walker, D-McRae, Floyd Hudgins, Jim Tysinger, R-Atlanta; Charles Wessels, D- Savannah; and Glenn Bryant, D-Hinesville. Will Be A Test Of financial problems for the presidency the school board is able to work to- members taking office face a $15 million year. School offito be raised by to be closed, and may have to be drop- presidency could political camps even with the system's cause they can receive packages only at Christmas.

"This present (prison) administration has openly punished those of us here on Death Row in many petty ways over the year," the petition states. "But by not allowing loved ones, families, relatives, children and parents to demonstrate their love by sending us Christmas packages as was allowed last year (the administration) has sunk to a new all-time low. This is cruel and uncalled for. We respectfully request our right to receive packages as permitted last year." Combined Defoliant Suits Likely 26 Georgians Claiming Orange' Harm BRUNSWICK (AP) A lawsuit filed by 26 Vietnam veterans from southeast Georgia alleging that they were harmed by exposure to "Agent Orange" is likely to be consolidated with similar suits against the federal government, an attorney said Monday. In a U.S.

District Court suit filed here last week, the veterans allege that their contact with Agent. Orange and other defoliants sprayed by U.S. military aircraft in Vietnam caused disorders in their internal organs. Joining them in the suit were 44 of their dependents, including wives and children. The suit asks $350 million in damages $5 million for each of the 70 plaintiffs, who say they were harmed directly or indirectly by the spraying.

The suit contends the government is responsible, for its failure to warn, monitor and treat soldiers exposed to the herbicides. Attorney John T. McKnight of Brunswick said similar suits were filed nationwide against the federal government last week and are being coordinated by a Washington law firm, Ashcraft and Gerel. The lawsuits mark the first time that veterans and their families have sued the federal government rather than chemical manufacturers. McKnight said the suits are likely to be consolidated "for the sake of judicial economy" and transferred to a single federal -court district.

Earlier actions against the chemical companies were transferred to the Eastern District of New York for rulings by U.S. District Judge George C. Pratt. Many southeast Georgia servicemen who were exposed to Agent Orange have reported that they suffer from the eruption of large pustules on several parts of the body, McKnight said. Many of their children have, been born with brain or other physical disorders or were stillborn, the attorney said.

He said many of the veterans' wives have endured "an inordinate number of miscarriages." The attorney said he also represents about 25 other Vietnam veterans in southeast Georgia and about 40 of their dependents who say they have suffered from the effects of Agent Orange. But before a serviceman may sue the federal government, he must notify the government through official channels and allow six months for the government to respond to the notice, McKnight said. "It is almost standard procedure now for the government to let the six months go by and to peremptorily deny the claims," he said. Earlier attempts by the chemical companies to name the U.S. government as a third defendant were rebuffed by the courts.

School Board The race opened up when Benjamin E. Mays, who had held the post of school board president for the 12 years he had been a board member, announced he would not seek re-election. The presidency will be decided by the board members on Jan. 4, just after they are sworn in. But board observers said Monday that two or three ballots may be needed to determine the winner.

These observers indicated that there is a quiet behind-the-scenes scramble going on for the five votes needed to obtain the post. Those reportedly interested in running for vice president are the Rev. Preston W. Williams, District 2 board member, Carolyn Crowder, board memberelect from District and Waymer, if he is not elected board president. Waymer said last week that if it looked as though the school board was becoming split up over the vote for board president, he might consider supporting someone else for the post.

It is even conceivable that the board could switch to a candidate who has not announced his interest in the post if none of the four announced candidates can come up with the five necessary votes on the first or second ballot. One board member, who asked not to be identified, said Monday it is possible that Glover and Waymer, seeing that neither at this time has five votes, may drop out of the race. In that case, the vote would still be split 4-4 between Mrs. Cofer and Raymer, with Williams likely being the deciding vote. GAVE UP POST Benjamin E.

Mays Fog Causes By Linda Parham Constitution Staff Writer Holiday visitors flying home to Atlanta found their arrivals delayed Monday morning when a dense, fog forced Hartsfield Airport to close two of its three runways. During the 8 a.m.-9:30 a.m. rush hour at Hartsfield, only, wide-bodied commercial jets carrying sophisticated equipment were permitted to land without delays, said Gerri Cook, spokeswoman for the Federal Aviation Administration. Those planes carry not only the normal instrumen landing equipment, but also backup equipment linked to computers on board the planes, said Dan Carr, assistant chief of the PAA's air traffic division. About half the normal number of airplanes which arrive at Hartsfield were permitted to land on the single operating runway, which is equipped to handle the wide-bodied planes with, extremely sophisticated instrument-landing equipment.

Other aircraft were kept in holding Former Rep. James C. Davis Dies Constitution Staff Writer gained control. James Curran Davis, former 5th District congressman, He represented DeKalb County in the Georgia House of newspaper publisher and staunch segregationist, died Monday Representatives from 1924 to 1928, Court, and from Mountain 1934 to Circuit. 1936 he at the age of 86.

served as judge of the Superior Stone Services for Mr. Davis, who was elected to the first Mr. Davis served 16 years in Congress until his defeat in eight consecutive congressional terms in 1946, will be at 10 1962 at the hands of Charles Weltner, who was recently apa.m. Wednesday in the chapel of A. S.

Turner. and Sons Funeral pointed to the Georgia Supreme Court. Home in Decatur, with burial in Oak Hill Cemetery in Newnan. "In Congress, I have voted my convictions. Sometimes I Mr.

Davis was a conservative Democrat who opposed inte- have stood alone, but that has not deterred me," he said followgration. He referred to the 1954 U.S. Supreme Court decision ing his defeat for re-election to Congress. outlawing school segregation as that "outrageous decision." He was a member of the Post Office and Civil Service In 1954 he told some Washington, D.C., high school stu- Committee and the District of Columbia Committee. dents to play hookey rather than go to schools that had just A native of Franklin, Mr.

Davis was educated at then been integrated. Reinhardt College in Waleska, and Emory College at OxMr. Davis published the Atlanta Times, an afternoon and ford, where he was a member of Sigma Alpha Epsilon fraterSunday newspaper devoted to conservative principles, and nity. printed from June 1964 to September 1965. He served in the U.S.

Marine Corps from 1917 to 1919 and The Times, which competed with the Atlanta Journal, in 1919 was admitted to the state bar of Georgia. claimed a circulation of 78,000. Mr. Davis was a member of the board. of directors of During his terms in Congress, he worked to cut govern- Salem Campground and of the DeKalb Federal Savings and ment spending, build up the nation's military strength and curb Loan Association.

any inroads into government by "subversives." Survivors include his daughter, Mrs. Edward G. Bowen of In 1962, Mr. Davis admitted that he belonged to the Ku Atlanta, and two sisters, Mrs. Frank Burns of Palm Beach, Klux Klan in the 1920s "when most respected Atlantans were and Mrs.

Mary Davis McKinnon of Atlanta. By G.G. Rigsby members" but said he got out when a "disreputable element".