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Â«A --July 18, 1976 Sunday Ga*ette-MaU Charleston, West Virginia Comforting Word Offered by California Attorney General Evelle Younger Talks to Victim of Bus Kidnaping Interior, Justice Blasted On Mine Safety Enforcement By Ben A. Franklin (C) \. Y. Times Service WASHINGTON-The Interior and Justice departments have been accused of not strictly enforcing the Federal Coal Mine Safety Program, which Congress has made more stringent in the last six years. The criticism, chiefly from Arnold R. Miller, president of the United Mine Workers union and a disabled former coal miner, is focused on the Interior Department and its outgoing undersecretary, Kent Frizzell. Miller and others have attacked him for issuing a formal reprimand to one of the department's hearing officers who had sought to press collection of cash penalties against a Kentucky coal company cited by federal mine inspectors for 41 safety violations in 1972 and 1973. The fines have not yet been collected. * * * IN A LETTER last week to Atty. Gen. Edward H. Levi, Miller also accused the Justice Department of having "failed utterly even to attempt to enforce" the mine safety law's provision for staff money assessments against careless mine operators. 4 Â·"The record of nonenforcement by your department is so appalling that it strongly Â·suggests a conscious decision not to enforce this vital legislation," Miller said. Because of the inaction, he charged, ."hundreds of coal miners have been needlessly killed and maimed." Â· " ' He said that of 3.800 money assessments igainst mine owners referred to the Justice Department for collection since 1970. "only S400.000 had been paid through court enforcement. Â·'According to the Interior Department. S25 million in penalties against mine operators has been collected without going to court since passage of the Federal Coal "Mine Health and Safety Act in 1970. But this figure is less than half the $66 million assessed by federal mine inspectors in 'that time. In many cases, the department has sought to reduce its court work in collecting full assessments from mine owners vfho resist by administratively reducing the amount of the penalties. Many then paid. - In the case involved in- the dispute over the reprimand, the Harlan No. 4 Coal Co. contested and refused to pay 52.680 in safe- ty violation penalties. Last November, United States District Judge Bernard T. Moynahan Jr.. in Lexington. Ky.. with the consent of an Interior Department lawyer, placed the government's action to force payment on "general continuance." Joseph B. Kennedy, one of the Interior Department's hearing officers, moved in February to enforce collection by issuing a payment order here. The reprimand by Frizzell followed on March 17. It accused Kennedy of "lack of respect for orderly judicial processes" in the Lexington federal court. * * * FRIZZELL'S. reprimand has stirred a controversy here over the independence of the government's hundreds of administrative law judges. They are quasijudicial hearing officers whose role is to reduce the burden on the courts by giving a court- like first hearing to appeals from federal enforcement measures. They said that Frizzell's reprimand of Judge Kennedy in the Kentucky case was cause for "deep concern that the disciplinary action, unless withdrawn, will gravely compromise the position of all administrative law judges in the department as well as in the federal 'administrative law American The amended code permist around-the- clock display of the flag and the flying of the colors in inclement weather because of advances made in weather-resistant flag materials and outdoor lighting. Before, the law allowed the flag to be flown only on "days when the weather permits." Now. it can be displayed any time as long as an all-weather flag is used. Also, a section of the code that required the flag to be firmly affixed to the radiator cap when displayed on an automobile was amended to read that now it must be attached to the right front fender. Finally, the revised code gives life to Old Glory. It now reads: "The flag represents a loving country and is itself considered a living thing." judge community generally." Kleppe is supporting Frizzell's refusal to withdraw the reprimand. Last May. Frizzell announced his resignation effective Nov. 15. reportedly after differences with Kleppe. Judge Kennedy this past week appealed the reprimand to Kleppe. He contended that Frizzell had no authority to punish him, and that the reprimand was an improper and legally prohibited "exercise of pre-judicial control over judicial decisions." 'Strong' Quake Rocks Area In Pacific GOLDEN. Colo. ( A P I - A "strong" earthquake rocked a l i g h t l y populated area of the Pacific Ocean a b o u t 1.200 miles south of Guam on Saturday, government scientists here said. The quake, which measured 6.6 on the Richter scale of intensity, was centered in the New Ireland area of the south Pacific, a scientist for the U.S. Geological Survey's Earthquake I n f o r m a t i o n Center here said. The quake was monitored at 5:06 p.m. EOT, he reported. "It was not a heavily populated area and no damage is expected," he said. The Richter scale is a measure of ground motion as recorded on seismographs. Every increase of one number, say from magnitude 5.5 to magnitude 6.5, .means the ground motion is 10 times greater. Some experts say the actual amount of energy released may be 30 times greater. Â· In populated areas, an earthquake of 6 can be severe while a reading of 7 is a major earthquake, capable of widespread, heavy damage. Name of 4 Jerry' May Assist Search for 3 Kidnapers As a statewide search was in progress for the three kidnapers and two vans, au- _thorities allowed more than 100 reporters 'and photographers to view the bunker-like prison, buried six feet underground at the rear of a quarry near Livermore, 95 miles to the northeast toward San Francisco. It consisted of a World War II vintage moving van equipped with a two ventilation tubes, two exhaust fans, a portable toilet, mattresses, bedding and food supplies. "The roof was shored up with 4-by-4s," said Alameda County Sheriff TOM Houchins. "Whoever they were, they obviously to'ok a great deal of time to fix it up." Â» MEANWHILE, the FBI dropped out of the case, and Gov. Edmund G. Brown Jr. offered a $10,000 state reward for information leading to the arrests and convictions of the kidnapers. Madera County Sheriff Ed Bates said the FBI was leaving the case "at this time" because there was no proof the kidnapers had crossed a state line. However, he said the bureau would continue to offer asssistance.of its lab facilities. The sheriff noted that the FBI "developed some very good investigative leads," but "motive is one of the areas where we have the least amount of information." Authorities said no ransom request, had been received, and they noted that Chowchilla is not an affluent town, nor did any terrorist group claim responsibility or demand a swap of political prisoners for the children. "WELCOME HOME. KIDS," said a placard at city hall where the weary but unharmed children arrived in the moonlit predawn hours. They were greeted by whistles, cheers and tears. The children, ages 6 to 14. were rumpled and dirty, most of them lost.in oversized prison jumpsuits hastily brought in to replace clothing taken by the kidnappers. The driver of the chartered Greyhound bus which brought them home from Livermore. 95 miles to the north, said one small girl had a nightmare and cried out: Â·'Please leave me alone!" The youn|est children were carried home asleep on a parents' shoulder. Older children trudged out unaided. "They're great!" said a joyful mother. "I'm okay." murmured a teenaged boy. But the fear that the kidnapers brought re mained at sunrise. Mayor Jim Dumas revealed that his wife. Lorene. received a telephone call soon after the children surfaced. An anonymous woman told her: "The children have been found, but it's not over. There will be others," then sobbed and hung up. The mayor said he hoped it was a crank call. Residents hailed the bus driver as a hero'. Ray. the only adult victim, poured out the most complete details of the frantic underground hours in which he comforted sobbing children, poured water on their heat-parched bodies and clawed at the gravel and dirt he feared would entomb them. He said about the only time the kidnapers spoke was to ask the name and age of each v i c t i m , and demand bits of their clothing. "They didn't do much talking I ever heard," Ray said. "We tried to talk out and beg them, but I never heard an answer." The stocky, dark-haired bus driver, red- eyed and trembling, faced about 200 reporters and photographers who had descended on this town of 4,500 residents when word spread of the strange disappearance. Blinking at the glare of television lights, Ray was still grimy from his ordeal and expressed surprise at the massive search which had been launched. Â·'I was hoping," he said, "but I guess nobody thought we were down there.'" He said lie believed they had saved their own lives in a determined escape, because air was getting scarce and the roof nearly caved in. The surrealistic adventure was traced by Ray from 4 p.m. Thrusday when he dropped off three summer school students and continued on with the remaining 26. "There was a white .van parked in the road," he'said. "I slowed up to go around it. and a man jumped out of the van with two guns." He said a black van joined the first one and two more armed men ordered Ray to the back of his bus. . * Â« Â» I "THEY TURNED DOWN into a slough, with the bus with all my kids'on it," said Ray. Then, behind a camouflage of brush, the abductors loaded the children into the vans whose windows were covered with plywood. "I. was in the black van. It was dark in there. We traveled and traveled on and on. I don't know where we went," Ray said. It was a hot day, and Ray said the kidnappers turned off the air conditioning after awhile. "I thought we were going to suf- focate," he said. That thought became more intense, he said, when the vans stopped at 3:30 a.m. Friday and he and the children were herded into an underground pit. Â· It was then, he said, that one of the kidnapers asked for Ray's pants and boots and pieces of the children's clothing. "He unloaded all the kids and asked their names and ages. He gave me a flashlight and I had to escort the kids down," he said. The kidnapers had provided a ladder which reached down into a partially earth- covered enclosure which appeared to be the body of a truck lined with mesh wire. "He pulled the lader up and put a steel plate over the top," Ray said. A large box and dirt were piled on top, he added. Inside, he said, the kidnappers had left food and water. Draft-Evasion In the current case, Salzmann, who was then living in Israel, was ordered to report for preinduction processing on May 27. 1970, and for induction on Jan. 18,1971. He did not obey either order. In June, 1972, he was indicted for failure to appear for the physical examination for the induction. f?s U.S. IN A STATEMENT broadcast over the Voice of America, the embassy said that after Monday "the embassy will no longer have the capability to effectively provide services for the American community." "We therefore stronaly urge all American citizens to leave the country aijhis time," the statement said, adding that details of the evacuation Tuesday would be broadcast as soon as possible. If security conditions permit an overland operation, the U.S. motor convoy is expected to head south from Beirut to Sidon, then east through mountain terrain until reaching Syrian lines and proceeding on to Damascus. This was the route followed by two British convoys last month. Unless the U.S. motorcade comes under fire or is turned back, the journey to Damascus should take four to six hours. From the Syrian capital, U.S. planes would carry the evacuees to either Greece or Italy. The U.S. operation is scheduled to begin early Tuesday morning in Beirut -- about midnight Monday EOT. FROM ISRAEL, Salzmann had conduct- L a substantial correspondence with the S. government before the indictment, ir an effort to avoid it. He had informed the government repeatedly that a lack ol funds had prevented him from returning tc the United States. Salzmann had also said that he did not object to serving in the armed forces. He wrote to his local drafl board saying that his failure to show up "was due to the shortage on my part of the necessary dollars . . .' " Even if the government did not supply Salzmann with transportation, Weinsteir held, it should at least have requested Israel to return him. "Israel," the judge said, "has produced persons pursuant to requests by the United States despite the fact that no extradition treaty mandated such cooperation." As recently as 1972, Weinstein noted, the United States had not asked any other governments to extradite or deport Americar. selective service inductees. Our 16th Year With The Same Quality Backyard ~"""""" SWIMMING POOL The Average Homeowner Can Afford A complete line of above ground pools, below ground kits, chemicals and accessories. I ACTS Modern Swimming Pools 933 Woodhwen Dr., Charleston Phoin:744-2711 ' State .Native Killed SPOKANE; Wash-A U.S. Air Force Airman, a native of West Virginia, was one of two men killed Saturday in a headon collision about five miles west of here. Washington State Highway Patrolmen said. Killed were Gerald Maxwell, 23, of Tunnelton in Preston County, W. Va., who was stationed at Fairchild Air Force Base, and Kenneth Fieseler. 43. of Spokane. 4P.M. ToChsing Time-Monday thruSat. WEEK ONLY. GOOD THRU SAT. JULY 24 HOT DOG CHIPS AND LARGE DRINK DOWNTOWN LOCATION CITY PARKING BUILDING S h o w e r s S t a t i o n a r y Occluded 90 Dato f r o m N A T I O N A L W E A T H E R S E R V I C E N O A A . U.S Oepl. ol C o m m e r c e The Weather HERE AND ELSEWHERE Welt Virginia Weather Forecast Zonn Zone 1 -- Northern Panhandle; Zone 2 Northwest; Zone 3 - West; Zone 4 - Southwest; Zone 5 - North Central; Zone 6 - Central Mountain*, Zone 7 - South; Zone 8 -Northern Mountains; Zone 9 - Eastern Panhandle July II, 1Â«* MS FORECAST Sunrise nbNtuLKY-Fair and warmer. Highs from mid 70s to low 80s. Lows in the mid 50s. OHIO-Mostly sunny and warmer with higns from rmfl 70s to low 10s. Lows in low and mid SOs. WESTERN PENNYLSVANIA-Sunny and fair. Highs in low 70s. Lows from the mid 40s to upper SOs. WEST VIRGINIA-- Sunny and clear. Highs from the low 70s to around Â»0. Lows from the mid Ms to around M. SATURDAY'S HUMIDITIES 5a. m ........ 90% II a.m ........ 73% 5 p.m ........ 53% SATURDAY'S WIND Highest 14 mph from W set Â«t 11:50 a.m. TEMPERATURES Saturday's high .................................. Saturday's low ................................... Â·Â·Â·Â·Â·Â· Recorded high for July 17 Is 98 set in 1931. Recorded low for July 17 Is 5J sÂ«t In 1954. PRECIPITATION *f 24-hour precipitation as of 6 p.m ......... I, .............. J.JJ Tot/il for the month of July ................... V ............ 'Â·" J* Â·" c7WidÂ°Summer Wig Sale of^vaGaborT G Favorites 15 M HATS WIGS-Street Floor CA!RI 'Eva's exciting short cut wig. Just in time for travel and all your great summer doings! Get a beautiful wig by Eva Gabor mid save a bundle in the bargain. Choose from three of Eva's most wanted styles. Every natural shade is here, and also mixes and frostcds. All of DyCVSlfmodacrylic fiber. Â·ELEGANT LADY Play it straight or play it curly with PLAY'CURLS With just a flick of your brush, you can change its Â«yle...il ajkayi keeps t graceful, feminine look'!'