Beckley Post-Herald The Raleigh Register from Beckley, West Virginia • Page 8

EIGHT Capital Comment REGISTER AND POST-HERALD, BECKLEY, W. SATURDAY MORNING, APRIL 24, 1971 Industry, Interior Department Hit By Browning Brief 4BHt By CHARLES RYAN Post-Herald Correspondent CHARLESTON Last week Attorney General a Browning, Jr. filed a brief in Washington. It is designed to eliminate all consideration of i control of the Kanawha River through water level control by the proposed Blue Ridge project of palachian Power Company. Just the fact that Browning a changed i osition from reduced water 1 pollution control to water a when Brown- Ap- ing filed his voluminous brief.

But the almost 2 0 0 a document contains much more to be digested. Browning has assembled a set of facts which are rather damning and augments them with testimony that is at times revealing. It becomes immediately clear that industry does not do its part in West Virginia and the Kanawha Valley is controlling pollution. BROWNING STATES that he lias based his position on, among other things, a belief that industrial chemical plants in the Charleston area "are not providing the adequate at-source treatment required of the waste material which they are discharging directly into the Kanawha River." Browning indicates that the water pollution abatement project that would be included in the hydroelectric plant at Galax, was inspired by the U.S. Department of Interior.

He says in his brief, which refers to Appalachian Power as applicants, that before and after Interior's intervention, a "number of private, no doubt very persuasive meetings took place between Interior and applicant regarding this matter. HIS BRIEF THEN quotes from a press conference by the Secretary of Interior on June 30, 1966: "I discussed this privately with Donald Cook of American Electric Company on two occasions before we filec our intervention. And, quoting from a brief oJ the secretary of the Interior oi June 9, 1969, Browning comes up with this: "Immediately following the Aug. 14 filing A revised proposal by the applicant's president, the specifics of which remain properly unreported, move the applicant materially a the secretary's position and left me door open for a still further movement." Browning concludes "Apparently applicant 'got the message' during these private discussions." HE THEN QUOTES from a statement by the applicant's attorney, Joseph Dowd, before Osborn's Blaefield Trip Off (Continued From Page 1) The Black Lung Association said Friday morning that pickets were posted outside the West Virginian Hotel in Bluefield. Not only were the pickets not there, but neither was me meeting.

It was held at a near-by country club without pickets. Zanolli, reading the speech prepared for Moody, attacked the federal legislation as being "impossible" in some provisions. He said some new practices are created by the legislation "may create new hazards." And Zanolli said the more than 40,000 citations written under provisions of the bill were threatening to bring a "chaotic situation that could bring administration of the act to a virtual standstill." "The coal operators have been regarded by the bureau as the antagonist who must be overcome," Moody said. "This attitude has obstructed efforts to achieve a workable program." News Conference Roundup Trooper (Continued From Page 1) the Morgantown barracks, including Sgt. R.

L. Mozingo, involved officers who had personal knowledge of the investigations into the coed murders and the January, 1970, bombing of the automobile belonging to Monongalia County Prosecutor Joseph Laurita Jr. "These transfers crippled me investigation," Gooden said. Speaking in the city council chambers to the group formed last year following the finding of the coed's bodies, Gooden also blasted the State Police promotion system. He said promotions were many times based on "who you know and who you go fishing with." Col.

R. L. Bonar, state police superintendent, commented in Charleston: "I can positively say that there has been absolutely no inteference from Gov. A Moore or his office. To the contrary, they assisted us in every way possible." In the co-eds case Bonar said, the governor's office assisted the department by providing additional funds and by arranging for aid in the search by the National Guard, Air National Guard, Department of Natural Resources and Department of Mines.

Normad Yost said: "There has been no interference of any type, shape or form by the governor's office with the Department of Public Safety. At no time, anyplace, anywhere, has the governor's office ever interfered politically with the state police." 2 State Medical Centers Won't Close, Says Moore the Public Works Committee of the United States Senate which records Dowd as saying "Since Interior would not recede from its position. Browning points out that he was hindered at several points in trying to build a case against Blue Ridge's pollution purposes by the Department of Interior which, hes ays, violently objected to his insistence that he take testimony from employes of the Department of Interior to substaniate his case. Browning quotes Region 5 Supervisor of the Division of River Basin studies, Gerald Taylor, as saying in his deposition that the omisson of the evaluation of the effects of increased water flows from the Blue Ridge Project was not normal procedure. THE BRIEF QUOTES testimony from Taylor ing mat Interior CHARLESTON (AP) Gov.

include two recently completed Arch A. Moore Jr. shot down Friday a statement in which a Department of Mental Health official said two institutions woulc have to close May 1 if the agency doesn't get an additional legislative appropriation. It was "a ridiculous observation," Moore said at a news conference. He added that the two institutions, Weston State Hospital and the Colin Anderson Center at St.

Marys, "are about to close. If I have to keep them operating from my contingency fund, they will be Moore has asked the legislature, in the special session starting next Tuesday, to appropriate an additional $515,000 for operation of mental institutions this fiscal year. Earlier this week, Dr. Robert Kerns said Weston and Colin Anderson would have to close May 1 and send their patients to other state institutions if the department doesn't get the requested appropriations. Weston, with 1,700 patients-is West Virginia's biggest mental hospital.

Colin Anderson, ah institution for retarded children, has about 500 patients. Moore theorized that perhaps Kerns' statement was the result of the department being "overanxious to back up" the appropriation request. "The story did a-disservice to the legislature and to this administration," Moore said. On other subjects, Moore said: --The state "purposely" failed to pay slightly over $1.5 million in principal and interest that was due April 1 on State Building Commission bonds in order to create an issue for a court test of new legislation on building commission bond debt service. He "can no longer delay" marketing the $90 million in road bonds he has authority to sell this fiscal year and plans to take bids on S45 million worth about the second week in May and to offer the remaining $45 million about a month later.

He is "not ready at this time" to say anything about his personal political plans for the 1972 elections, but the matter is "under constant re-appraisal." West Virginia's unemployment rate dropped from 8.2 per cent of the labor force in February to 6.9 per cent in March and he expects the April figures, when available, to "show another significant mprovement." In a decision last December, the State Supreme Court declared unconstitutional the legislation under which the building commission had arranged debt service financing on over $24 million in outstanding bonds. Projects financed by the bonds state office buildings. Last the legislature Attack Is Fatal To CaldweD Man CALDWELL -Charles Franklin Adwell, S3, of Caldwell died Thursday of an apparent heart attack. Born in Caldwell, Oct. 30, 1917, he was a son of the late Sylvester and Naoma Bennett Adwell.

Adwell was a member of me Presbyterian Church a employed by A i a Telephone and Telegraph Co. in Reading, and a member of the Moose Lodge. He is survived by his wife, Aileen Ruth Hall; a foster son, Mike, at home; five brothers, Willard of Washington, Lawrence of Fairlea, Lonnie of White Sulphur Springs, Elmer of Glace and Joseph of Caldwell, Md four sisters, Lena, and Hrs." "Anna Vaughn, both of Lewisburg, Mrs. Mary Wingler of Caldwell and Mrs. Ruth Armentrout of Covington, Va.

The funeral will be at 3 p.m. Monday in the Pentecostal Holiness Church in Caldwell with Rev. R. P. Quesenberry in charge.

Burial will be at the Adwell Cemetery near Ronceverte. The body is at Shanklin Funeral Home in White Sulphur Springs and will be taken to the church an hour before service. Friends may call after 10 a.m. today and the family will receive friends from 7-9 p.m. Sunday.

passed a new act, intended to provide a different method of financing that will stand up in court. It earmarks $3.6 million yearly from state liquor profits for payment of interest and principal on building commission bonds. Officials say the first money under the new legislation will be available in October. Legislative leaders said at the time of passage they hoped an early Supreme Court test of the new legislation could be arranged. Moore said Friday that was the purpose of defaulting on the April 1 payment of $1,539,355, representing the $1.5 million principal and $39,355 in interest on temporary bonds issued by the commission a year ago.

The temporary issue was an advance on a planned $9 million issue to finance a science and cultural center in the State Capitol complex. 17. S. Planes Probably Hit Hanoi MIG's SAIGON (UPI) American warplanes attacked an air base and antiaircraft missile site deep inside North Vietnam and possibly damaged Soviet-built MIG jet fighter bombers on the ground, the U.S. Command said Friday.

The command said two Navy jets attacked the site Thursday in a protective reaction strike and returned safely after knocking out two missile sites and possibly damaging one or two MIGs. record. His statement said: "I was the executioner of this matter." Ralph Schmidt of the Department of Interior's sport fishery and wildlife bureau said in answer to Browning's questions that he had been advised specifically to review all matters touching upon Blue Ridge with Secretary Holum of the department RICHARD I I director of Region of the Bureau of Sport, Fishery and Wildlife was asked if the omisson of testimony regarding the effect of Blue Ridge on 128 miles of river in West Virginia constituted a serious and gross as show- had long een aware of possible adverse affects on fishery flows of the New River and that studies in the Kanawha Basin that related Interior's actions in Blue Ridge had to be cleared and reviewed as to its consistency with the department's position regarding Blue Ridge. Taylor is also quoted in testimony as saying he had teen restricted himself in releasing his evaluation of any adverse affects which the Blue Ridge project or modified Blue Ridge Project Monroe Woman Dies In Hospital UNION (RNS) Mrs. Marguarite McNeer ShanWin, 77, of Union died Thursday in a Huntington hospital after a long illness.

Born in Monroe County, April 27, 1893, she was a daughter of the late John Wesley and Ellen Elizabeth Humphreys McNeer. She was preceded in death by her husband, Richard B. Shanklin. She is survived by a sister, Mrs. Bertha M.

Bonham of Saint Petersburg, three nephews and one niece. The funeral will be today at 1:30 p.m. in the United Methodist Church at Union with the Rev. A. B.

Shiflet in charge. Burial will be in Greenhill Cemetery at Union. The body will remain at Broyles Funeral Home in Union and will be taken to the church an hour before service. Pallbearers will be Robert McCoy, Ralph Mann, L. H.

Sarver Roy Tomblinson, Wilbur Mitchell Jr. and Marion Shiflet Amtrak Move Defended Kee's Charge Irks NW ROANOKE, Va. (AP) John P. Fishwick, president of the Norfolk Western Railway, said Friday he cannot see how the NW be guilty of a "breach of public trust" by complying with an act of Congress. The NW chief executive officer has taken exception to charges by Rep.

James Kee of West i i i a that NW adopted 'public de bamned" policies in oining the new Rail Passenger Service now known as Amtrak and formerly as Rail- pax. Joining Amtrak relieved the NW of the responsibility for running any passenger trains, Prosecutor Prefers Death Pen Likened To A 'Zoo (Continued From Page 1) (renovations and improvements 'would only be superficial." Robert Sarver, a Fairmont- born lawyer and a recently fired official of the Arkansas prison, system, described the prison as: "An austere, frightening, trauma producing monstrosity. I prisoned at Moundsville violates i i a guarantees against cruel and inhuman punishment Other testimony came from a state senator, a prisoner and a prominent penologist. The have visited zoos that were being held in Randolph much nicer dea "er and safer. County Circuit Court.

positively not conductive Songer said homosexuality and sexual assault are common, adding two prisoners are presently in maximum security for raping a fellow prisoner. Gall presented the most vivid descriptions from the stand Friday. He said that since he took office, four prisoners have been murdered, adding that stabbings I to any concept of rehabilita-1 rapes and assault "are so com- imon that unless someone has badly taken ad- and it promptly announced it would discontinue the four pairs it now operates. Kee has introduced legislation in Congress to delay the start of Amtrak operations six months from May 1. Under the Amtrak legislation, the railroads will be permitted to discontinue about 170 passenger trains on May 1 and will be required to operate about 100 trains with government financial support.

The NW will be permitted to drop four pairs of passenger trains, Fishwick said. "How can it fairly be said that the NW is guilty of a breach of pubic trust as Congressman Kee charges, when we are simply complying with an act of Congress?" he said. In a written statement to the House Interstate Commerce Committee, Kee asked for postponement of the start of Amtrak until Nov. 1, pending a thorough investigation. Kee is particularly concerned about the route Petersburg, Lynchburg, Roanoke, and Bluefield, to Welch, laeger, Williamson and Kenova, W.

Va. Part of this route is through Kee's congressional district in southern West Virginia. CHAUNCEY BROWNING JR. on downstream might have fisheries. He says, in he has been instructed to make no public statements concerning the project which would conflict or differ with the position of Interior.

NEAR THE END of Taylor's deposition, counsel for the Department of Interior, Curtis Bell, clarified his role by asking to make a statement for the the effect of Blue Ridge on and Kanawha River above Charleston. He answered simply by saying "I think the omission is a Browning castigates the "star witness" for Interior, Daniel Slater, assistant chief, division of river basin studies, Department of the Interior. "Slater was at best a stubborn and reluctant witness. His testimony can be described Vietnam Veterans WASHINGTON (AP) Over 700 Vietnam veterans who turned in their combat medals Friday will join tens of thousands of other protesters Saturday and march through Washington in opposition to U.S. policy in Indochina.

The sponsoring National Peace Action Coalition says the activities will be peaceful. So does District of Columbia Police Chief Jerry V. Wilson. But Atty. Gen.

John N. Mitchel said Friday "a substantial possibility exists" that violence will break out during the weekend and throughout the next week. And the Pentagon announced federal troops have been alerted for possible duty here at the Justice Department's request The veterans, who have been conducting nonviolent demonstrations here all week, and the other contingents of peace groups, housewives, hippies, women's liberationists and others will again make it clear Saturday they want total and immediate U.S. military withdrawal from Vietnam. Beginning about noon from a staging area near the White House which President Nixon has vacated for the weekend, the protestors will parade 16 blocks up Pennsylvania Avenue to the U.S.

Capitol for a rally that will include addresses by members of Congress and peace activists. A rock concert that will follow the rally on the Washington Monument grounds is expected to run well into the night The massive rally, one of dozens of varying sizes in this town over the past four years, signals the end of a week of antiwar activities here by the over 1,000 veterans who camped on the Capital Mall. And it kicks off a two-week spring "peace offensive" by a more radical group of antiwar dissidents who claim they are also lobbying for various social domestic causes. Code Protested In Student Suit HUNTINGTON (AP) validity of an eight-month-old student code of conduct enacted by the West Virginia Board of Regents was debated before a three-judge panel in U.S. District Court here Friday.

The Marshall University students have brought suit against the regents, contending the code which has been enacted for all state-supported colleges and universities infringes on their personal rights. They also contend that the board of regents does not possess the power to promul- gate such A code. The suit was filed after the plaintiffs failed last November to gain a temporary restraining order to prohibit enforcement of the code. Attorneys for the students argued before U.S. District Judges Sidney L.

Christie of Huntington and Emory Wiedner of Abingdon, and Judge Herbert S. Boreman of the Circuit Court of U.S. Fourth Appeals at Richmond that the board of regents has no "express nor implied powers" to govern student conduct generally as hostile, evasive, inconsistent and at times, impertinent. His testimony constitutes a "shotgun 1 attack on and denial of all of the pertinent evidence submitted by West Virginia Natural Resources' experts," Browning said. BROWNING'S BRIEF goes on this report does not fully cover the minute detail.

But this is surely enough to point out that Blue Ridge is in fact going to destroy portions of the New and Kanawha Rivers for wildlife, damage fisheries, and provide help for industry in the Kanawha Valley. Browning contends that the industry is not going anywhere near what it should be doing to take care of its own back yard. Worse yet is the apparent effort of the Department of Interior to muzzle its officials, to exclude pertinent surveys on downriver damage that might be caused by Blue Ridge.and to fight intervention by Browning. IT SHOULD BE said that Browning's action is not designed to keep the Kanawha River polluted. He says industry itself can clean that up rather than rely on help from Blue Ridge at the cost of up-river areas.

And it should also be clear that while Gov. Arch Moore is totally correct in saying such ecological efforts should be undertaken by some sort of Department of Ecology and not the attorney general's office, Browning's efforts are better than none at all and are in fact a superb move on behalf of the people of the State of West Virginia. Rites Incomplete For Mary Redden MEADOW BRIDGE (RNS) Mrs. Mary Louise Redden, 47, died Friday in a Hinton hospital after a long illness. Born Sept 14, 1923, at Meadow Bridge, she was a daughter of Mrs.

Lena Walker Richmond and the late Arvle Richmond. Other survivors include her husband, a two daughters, Louise, at homeland Mrs. Darlene Nelson of Wayne; seven sons, Harold, Charles, Gerald and Gary Lilly, all of Meadow Bridge, Dale of Rupert, Calvin of Rainelk and Bill of Danese, and two brothers, Jimmy of Layland and Curtis of Meadow Bridge. The body is at Wallace and Wallace Funeral Home in Rainelle. Mrs.

Bennett Dies; Funeral Set Sunday RAINELLE (RNS) Funeral services for Mrs. Beatrice Lorain Bennett, 56, will be at 2 p.m. Sunday in the Wallace and Wallace Funeral Home Chapel at Rainelle with Rev. Wesley Pennington in charge. Burial will be in Wallace Memorial Cemetery.

She died Thursday. Graveside rites will be conducted by members of the Quinwood Rebekah Lodge. Friends may call after 4 p.m. today. WASHINGTON (AP) Secretary of State William P.

Rogers announced Friday he is going to Israel and four Arab countries in early May in a personal effort to help bring about a Middle East peace settlement "I do not anticipate any dramatic results or breakthroughs from this visit," Rogers told a newt conference in saying he will go to Israel, Egypt, Jordan, Lebanon and Saudi Arabia. Thousands File By Coffin Of Dead Haitian Dictator bee Sen. John T. Poffenbarger, tj 0 n. Kanawha, said he had been told; Sarver will testify again uce VGry Dacuy raKcn aa by Warden Ira Coiner that if a Saturday.

I vantage of it is necessarily over- steam pipe in a 10-ceIl section of AIso testifying Friday wasj look The guards are sup- the prison known as "the Jeny Wa Songer, 26, sen- failed, all prisoners would be fSJlS 01 Kan wha CQ for a 20-year term for rape in 1969. Songer told grisly tales of easy i access to weapons, inter-prison- "scalded to death' tion. in that sec- posed to report them but they don't always do it" During Gall's testimony, Judge George Triplett asked Gall how he would have handled Poffenbarger said the S1.7 mii er intrigue and sexual lion it would take to renovate anc the prison wcuid be a ''waste of money." He introduced a statement from an official xvith the Federal Bureau which said even perversion within the old PORT AU PRINCE, Haiti (AP) Francois Duvalier, "Papa Doc" to Haiti's impoverished millions, lay in state Friday dressed in white tie and tails. Thousands viewed his body in a glass-topped coffin in the diplomatic room of his gleaming white palace in downtown Port au Prince. Notably absent were the poor of the capital who often cheered him during his dictatorship mat lasted nearly 14 carnated as president for life of the republic." Jean-Claude, a political novice, is believed to be strongly influenced by a small group of politically wise veterans, including the armed forces chief, Brig.

Gen. Claude Raymond; national security and defense Lt. Col. and Mrs. Max Domi- niqut.

Mrs. Dominique is Duvalier's daughter. Calm was reported through- years, out the country. Except for a rf was convict- Jean-Claude Duvalier, 30-day period of mourning, life stone, walls of the orison tu 1UI his pan in a service sta- successor to the 64-year-old for Haiti's five million people tiori robbery using a blank start- president who died Wednesday went on virtually unchanged. can get of about gun as a weapon.) of heart complications and dia-j On a wall above Duvalier's! a wear "Of course, your honor, that's, betes, has announced he will flag-draped coffin was a two-j "he his father's "political! foot crucifix.

A smaller one lay I'd havt put and continue "theJon the mow-white pillow "But I do trust," he said, "that it will provide an opportunity to explore ways in the evolving situation to maintain and hopefully accelerate the momentum toward peace." Rogers leaves Monday for London to attend a Southeast Asia Treaty Organization meeting, men flies on to Ankara for a Central Treaty Organization parley ending May 1. His Mideast journey--listed as the first by a U.S. secretary of ilate since John Foster Dulles went there in 1953, is expected to last about a week aft- er May 1. He plans to stop briefly at Paris on the way over and at Rome on the way back. With Israel and the Arabs still far apart on an over-all settlement--though Rogers said "the climate will never be for the negotiations under United Nations mediator Gunnar Jarring--the current diplomatic focus is on rival Israeli and Egyptian proposals for rt- opening the Suez Canal.

On mat score, Rogers said "we are going to discuss different ideas as to how this might Forest fires burn more than trees. for behind fences I yard and the on probation, to-! Dovtlfer'f tart mtii be done," rather than just passing written proposals back and forth between Israel and Egypt. He left open the possibility too that the United States might be willing to act in an observer or other capacity if the parties want this in a Suez Canal deal. HARD OP HEARING? DONT UNDERSTAND? A PERSONAL EAR That Fits 'AII-in-the-Ear" May Br i fa-tonal far naturally Intended you naturally normally; avoid ombar- raiimtnt. For office kmon- ttratwn Car today.

NO AGENT WILL CALL UNLESS REQUESTED! MOUNTAIN STATE HEARING AID CENTER MAhM MAI W. VA..