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GAZLTPE-MAIL Charleston. V. Fa., June9,1974 ECOND -IS RONT 1B TIMBER Making a Splash at the Pool : Making a splash at the Charleston Tennis Club pool is an easy thing. It calls for- form - freestyle to be exact -- as these photographs by staff photographer Leo Chabot illustrate. At the left (top and center) 11-year-old Tony Weiden, son of Mr. and Mrs. Mat Weiden, covers his face and tucks his legs as he falls toward the water. At the right (top and center) 5-year-old Trip Shumate, son of Dr. and Mrs. Norman Shumate, throws caution to the winds as he demonstrates a one-of-a-kind style. No matter what form is used, the end result is a big splash (bottom). 2 Forestry Units Seek Monongahela Change LEWISBURG -- Two forestry groups have asked the U.S. 4th Circuit Court of Appeals to reverse a decision which has drastically affected timbering on the Monongahela National Forest. West Virginia Forests Inc., which has its headquarrters here, and Appalachian Hardwood Manufacturers Assn., an Ohio- based organization whose members include West Virginia firms, joined in the request. The groups filed a "friend of the court" brief which supports the position of the U.S. Forest Service in regard to a decision announced last Nov. 8 by U.S. District Judge Robert E. Maxwell of Elkins. Maxwell, ruling on a suit against clear- cutting brought by a coalition of environmental groups, interpreted the Organic Act of 1897 to permit the Forest Service to harvest only dead, mature or large growth trees. Â· THE FORESTRY associations claimed in their brief that Maxwell erred in his interpretation of the Organic Act. "More importantly," they said, "we think the court erred in failing to recognize the clear authority conferred upon the secretary of agriculture by the 1960 multiple use-sustained yield act to continue employment of modern and scintific forestry practices in the national forests." The groups cited legislation passed since the 1897 act and said it should have been considered in Maxwell's decision. This decision, the brief asserted, "disregards a century ,of progress in forest management." "Effective management of hardwood stands in West Virginia require the use of a variety of cutting methods in order to meet specific multiple-use objectives." the brief continued. Among other claims by the forestry groups in their brief were that the court erred in failing to consider broad authority given to the Secretary of Agriculture to prescribe timbering rules and regulation; that the court erred in its construction of the statutory phrase "large growth of trees;" that it failed to consider the purposes for which national forests were created: and that it erred in determining that all trees cut from the national forests be individually marked and that all trees must be removed. Â· "WE AREN'T fighting the Forest Service's battle." said Don Fogus. executive secretary of West Virginia Forests. "It's simply that several of our members are affected drastically by the halting of timber sales on the Monongahela." He said a few firms that obtain most or all of their timber from the Monongahela are "already in trouble, and if something doesn't happen they will havve to close their doors within a year or so. They would certainly be c u r t a i l e d , if not closed down." * The Forest Service, which hasn't issued any new timbering contracts since Maxwell's ruling, is expected to formally appeal the ruling soon. Original thrust of the suit was to halt the controversial practice of clear-cutting, but the Forest Service claimed Maxwell's ruling affected all its timber harvesting practices. No More Tippy-Toes Moonlighting is the answer. I know no one has asked me to come to the rescue of State Supreme Court Justice Richard Neely. a 32-year-old, 5 foot 6 person, who no longer is being chauffeured about by West Virginia state troopers. However, we all know that they know- that we know that they don't have to ask. After all, when has Mr. Nice ever neglected to offer the soothing balm of sympathy and succor, in equal doses, to those in need? Besides, in this troubled world, Mr. Nice himself might just some day be standing, eyes lowered, fingers trembling, caught dead-to-rights, and waiting to hear sentence passed by Justice Neely himself. It certainly would be no time for one to be wondering whether said Justice Neely has a New York telephone book between himself and the fabled bench of justice . .. That could cause giggles, which in turn. Always on Sunday ByB.S.Palausky could cause an extra 10 years. As a fairly medium-short person myself. 5 foot 8-and-a-quarter, I feel I can offer Justice Neely heart-to-heart if not quite eye-to-eye help in his War of Inches, which so far has driven him to doing his own driving. Â». FIRST OFF, carrying a small box about where one goes is out. Among other things it could lead to a rash decision to smack a tall person across the chops with said box. This could make said tall person irritated and might also lead to an unplanned, unwanted and untasty box lunch. Being as Neely is a high court justice, a whole different idea almost made it. This idea centered around him wearing his justice robe at all times. Unbeknownst to the casual observer, Neely would be piggy-back on a very short midget, and tall, wide and handsome at 7 foot 3. There are several reasons, some of them technical, for throwing this idea out. For one thing, it would be unseemly for all of those basketball scouts to be milling about in the state's highest court (no pun intended there). Another thing, how would Jay Rockefeller react? But most of all. the technical things -the midget would have to be just exactly right, not too tall, not too short. The pay would have to be exactly right, too, because Neely would be in no position to short-change anyone. And f i n a l l y , the most important thing of all, the truss. Even under the best of conditions a tiny hernia would be inevitable. They are making teeny-weeny bikinis, but I've never even heard of an itty-bitty truss. And, the midget would of a necessity have to be equipped with some sort of periscope affair for the driving chores. It would be ungainly. ' So, the robe-and-midget plan had to go by the boards. Â». WHAT JUSTICE NEELY has really got to do is work on his character. He's got to mold it to fit all the cliches like, he might be small, but he's got a big heart, etc. So, first off, he'll have to quit referring to himself as the "only public official of distinction," and any other such phrases that might surface in his mind. (He'll notice that I do not go around calling myself Big Bad Bernie, even though my father was known as Big Adam, my son as Big Dan, my wife as Big Shirley, and my brothers as Big Ed and Big Bob. No sir, I'll settle for Mr. Nice any day -less tippy-toeing and much nicer. Neely, at this point in time, can go either of two ways. He' can become a "hanging" judge and earn the nickname Rotten Richard, or he can join the Mr. Nice Fan Club (motto: Nice is as Nice does) and become a beloved legend in his own time. If he starts acting right, I'll sponsor a contest. The person offering the nicest nickname for him will win a one- way guided tour of Loudendale or Hinton. Â»Â· IN THE MEANTIME, after rejecting about9.113 plans of dubious merit. I do have one that Justice Neely may want to try until something a little better and more permanent comes along. It is the moonlighting one that I mentioned up there at the start. First off. we'll have to find out what days Our Governor has off. Justice Neely will restrict his traveling to these days. Next, we'll have to learn whether Our Governor needs a refresher course in driving -- I understand some of those roads out in the boondocks are really murder. Maybe we can get by with just letting Our Governor take one of those defensive driving courses. Next, we'll have to find out if Our Governor would prefer to be paid by the hour or by the mile. Â· Also, if the income would pop Our Governor into a higher income-tax bracke, we'll have to find something suitable he can donate it to. I'd suggest right o f f , stock in a nonprofit compang that would be making those really high mod-type slippers -- elevator type. Or maybe even a stilt company that would solemnly swear to use nothing but genuine West Virginia hardwoods in the product. Â»- THAT BRINGSUS to the last hurdle. Neely has this thing about being surrounded by tall persons. I suffer from that now and then. What it boils down to is that deep in one's heart is the knowledge that one of thse big galoots will surely stumble on something and topple over onto one and squash him into an early grave. (On the other hand, if I were only 5 foot 6 instead of 5 foot 8 and one-quarter, I think that I'd prefer to take my chances and demand that I'd be surrounded at all times by a protective shield of the tallest flesh and bone available.) Back to the hurdle: If we are successful in selling the moonlighting plan to Our Governor, it leaves only a few odds and ends. First, if Neely insists; will Our Governor consent to wearing a uniform? Next, if a hat or cap is mandatory, can we get it tailored shorter so Our Governor will not have to stand 10 or 12 paces behind Neely. I think it would be just swell if Our President could spare one of those spiffy White House Palace Guard, operetta-type uniforms that caused such a sensation a couple of years ago. Our Governor would probably look positively sweet in one of them. The hat could, of course, be optional. Our President, naturally, would get at least a $13.12 income-tax deduction on the uniform. Sweet, sweet charity. Act May Afford Protection By Robert C. Welling The Associated Press Despite cries from the consumer ranks that the recently enacted consumer credit and protection act didn't have much protection in it, just the opposite may prove true. Officials of two large banks made it exceedingly clear this past week that they will be watching very closely loans they make on such major items as mobile homes. The comments came during the first annual Mobile Home Dealers Assn. convention here this past week. In brief, the dealers were told they will be expected to provide good service on their sales and to explain warranties very carefully to the customer before he buys the product. Bank officials from Charleston'and Fairmont, noting that phasing out the hoider-in-due-course doctrine will make financial institutions liable for the first time on items they finance, said credit just won't be extended when mobile homes are brought from unreliable dealers. A few consumer activist attorneys throughout the state couid cause banks, major retailers, new car dealers, mobile home dealers and home improvement firms to spend considerable sums on lawyers' fees or in the courts defending allegedly faulty merchandise they have sold or financed. The consumer bill became law this week, but most of its major provisions, including legalizing interest rates, do not become effective until later this year. J.C. Penny is among the large retailers in West Virginia who have already notified their customers just how the new legislation will affect tneir accounts. Â»Â· JOHN D. ROCKEFELLER IV was sounding like a gubernatorial candidate already in a speech this week in Charleston. He apparently has decided to modify his position on several matters. He announced he will rethink his abolition approach to strip mining and hard line on the coal in- Statehouse Notebook dustry. And in the same breath he expressed criticism of the double standards of youths' morals today. It seemed strange hearing someone who has been conveying the image of the champion of the young people to suddenly criticize them. DEL. JACKIE WITHROW, D-Raleigh, must have been disappointed this week when she alone showed up for an interim committee visit to Huntington State Hospital. There are six members on the committee. Those visits are one of the few checks and balances the parttime legislators have to make sure the millions they appropriate are being spent properly*? About the only other checkup available to them is the regular reports from the legislative auditor. Mrs. Withrow feels the visits are one of her most important responsibilities to taxpayers. Herb Little is on vacation.