The Daily Sentinel from Grand Junction, Colorado • 1

15tf newsstand 24 pages today Tuesday May 13, 1980 Gas cost jump hangs on ruling WASHINGTON (AP) Retail gasoline prices may go up 10 cents a gallon Thursday unless a federal judge rules against President Carters plan. U.S. District Judge Aubrey E. Robinson Jr. was considering a suit that claimed the gas fee is unconstitutional.

The losing side is expected to appeal his ruling, which he promised by the end of today. Carter announced the fee as a gas conservation measure, saying the higher prices would force drivers to use less gas and thus help cut U.S. imports, which now are 7.3 million barrels of crude oil daily. The fee is due to take effect Thursday. But a coalition of congressmen, consumer groups and petroleum marketers filed suit, contending that the fee is actually a tax and thus Carter is unconstitutionally usurping the power of the House of Representatives to initiate tax measures.

While the tax was challenged in the courts Monday, it was also under fire in Congress. A House Ways and Means subcommittee on trade arranged to vote today on legislation to block the tax. The bill is sponsored by some 50 congressmen and is expected to easily pass both the subcommittee and the full Ways and Means Committee. This is a program without a constituency, said Rep. James M.

Shannon, the prime sponsor of the bill. Republicans are against it, liberal Democrats are against it, consumer groups are against it, oil states are against it.1 There is considerable sentiment in both chambers against the fee, although it appeared doubtful that a two-thirds vote could be mustered to override a likely veto of blocking legislation. Lawyers for the group filing the suit also argued that the fee may not reduce oil imports and could be passed on to home heating oil and diesel fuel customers Instead of just automobile drivers. The Energy Departments general counsel, Lynn R. Coleman, told Robinson, The argument that this fee is a tax is clearly incorrect.

It's an import reduce consumption of gasoline and hence to reduce imports. The fact that there is revenue raised doesn't mean its a tax." Administration officials said the fee would raise $10 billion a year. Coalition attorney Edward G. Modell said he is not challenging the amount of revenue, although it is enormous," but is solely contesting the purpose of the fee. Modell said the procedure for imposing the charge would give importers no incentive to reduce the amount of oil imported.

Carter's plan calls for importers to initially pay the fee to the government, and then be reimbursed bv companies that refine crude oil into gasoline. The refiners would be permitted, to pass the increase on to retailers who would raise pump prices. In Congress, the House Commerce Committee has already approved its own version of legislation to block the fee. And a floor vote in the House to 1 roll it back peqms likely by early summer. Court claims supervising lovers invasion of privacy LOS ANGELES (AP)-A man who sued his former lover for becoming pregnant after, he says, assuring him -she was on birth control pills has lost a bid to have his case heard, in the state Court of Appeal.

The court said Monday it would be an unwarranted invasion of privacy -for it to supervise lovers' promises. Though the presentation of the matter as a legal issue is somewhat novel," wrote Appeal Court Justice Edwin F. Beach, -the social conditions underlying it have existed since the advent of mankind. The dispute arose when -Ronl D. -Lasher brought a paternity suit against Stephen Kleinberg.

Klein-berg admitted he was the father of her child but filed a countersuit for $200,000 against Ms. Lasher for fraud, negligent misrepresentation and negligence. Sentinel photo by Rich ftddlcki- Accused man leaves court Terrence Lee Moore, 29, crosses Rood Avenue after his first Court appearance on charges of rape, burglary and assault GJ man hears rape charges ing the preliminary hearing already set for June 3 on the other charges. Nugent said he would not object to having the preliminary hearing on the burglary at that time, but he wanted the burglary and the other 11 charges severed or tried separately. Argu- trial and that they could not take pictures of the defendant inside the courtroom or through the windows of the courtoom.

Nugent claimed that some stories already published had violated the Colorado bi pact on trial coverage. The compact was drawn up in 1909 "Tnent on that motion will alscr take by representatives of the bar and i place Thursday. than had been set aside for it. When Moore and Nugent left the courtroom, they requested and received permission from Kilmer to leave through his office, which leads into the district attorney's office. They were then able to take a back exit from the district attorneys office, avoiding television cameras and lights which had been set up at the main entrance to the courtroom.

Farina said he also expects also to file a motion on the $75,000 property bond under which Moore was placed a week ago. He indicated he may challenge the surety under which the bond was granted. Moore was able to By Mary Louise Glblin Sentinel staff writer 9-ye accused of 11 counts of burglary, rape, attempted rape, and assault will return to Mesa County Court Thursday -at 10:30 a.m. for arguments on motions -about trial coverage. Terrence Lee Moore appeared in county court Monday afternoon to be formal advised of charges against him.

Those charges stem from five al- leged assaults on women in the downtown Grand Junction area, beginning on Sept. 5, 1978, and continuing through Oct. 3, 1979. In both court hearings involving the charges against Moore, Public Defenders Nugent and Nick Massaro have attempted to shield their client against pictures being taken. Moore was not present at what was to have been his first court hearing May 1, and the Monday' hearing was news media, to prevent prejudicial pretrial coverage while still guaranteeing the media their first amendment rights of a free press.

Kilmer said he would issue no order Monday afternoon but would consider the matters on Thursday. District Attorney Terrance Farina -requested that a 12th charge of burglary, which was already in the court system, be consolidated with the others. He requested that evidence be heard on the burglary complaint dur- setMoore arrived early accompanied make the required amount and wasre- leased from Jail last Wednesdayr- But during the short hearing before-Judge Vance Kilmer, Public Defender Edward Nugent asked that the judge sign orders telling news media that they must abide by the American Bar Assn, standards on free pressand free by several friends for Monday hearing. That hearing began about 15 minutes before it was scheduled, after a previously-scheduled hearing on another defendant took a shorter time Chrysler stockholders receive tale of good news, bad news i i A -I'Cl, ting down of the truck plant in Fenton, near St. Louis, is Chrys-lers second such closing this year.

The good news, of course, is the final approval over the weekend by fed- ROCKFORD, 111. (AP) Chrysler Cprp. gathered today for the good -news and the bad news. First the bad news. Chrysler is closing another assembly plant.

The shut IS Hospital seeking information about mysterious contributor eral officials of the $1.5 billion in loan guarantees the company has been seeking since last summer. In remarks prepared for the share-' holders, Chairman Lee A. Iacocca' again called for limitations on Japanese imports through a "gentlemens agreement with the Japanese to stop shipments to the United States of all vehicles they produce on overtime. Iacocca said such an agreement would reduce exports from Japan by 300,000 to 400,000 vehicles a year without requiring the layoff of a single Japanese worker, He said he would ask that the Small Business Administration, the Federal Reserve Board and the auto industry work out some mechanism to provide inventory financing for dealers. I will bring it up at the automotive summit tomorrow," Iacocca said.

Chief executives of auto manufacturers meet with President Carter at the White House on Wednesday. Iacocca said Chrysler dealers reported their sales would have been 25 percent higher for the first quarter of this year if adequate wholesale and retail financing had been available. Officials have searched through the records but cant find that Mr. Baker was ever a patient. The hospital board intends that the gift will be recognized by a plaque which will hang permanently on the hospital walls, but it would sure help if they knew something about Baker.

If anyone knew Mr. Baker, who he was, what he did, if and when he lived in the Fruita community, or anything, please share the information with the hospitals puzzled officials. i Who is, or was, Moses Nelson Baker? Thats what officials at the Lower Valley Hospital would like to know. The only thing they know about' him is that an anonymous $50,000 contribution to the hospitals building fund is to commemorate Baker. The certified check was delivered by an accountant, but he would say only that the donor stipulated Baker be honored by the con-' tribution.

The accountant said he was not authorized to give hospital officials any further information. AP Lucrphoto Aftermath of bus crash An overturned bus rests beside the mangled wrecks age of a car in Raleigh, N.C., Monday after a collision that killed one person and injured 32. Seventeen-year-old Tracy Calhoun," driver of the compact car, was killed in the crash and 32 students on the bus injured as a result of the accident. Senate complicating march to balance budget making it easier for Congress to repeal Carters authority to impose it This vote will send a loud and clear mes-sagemto the administration that members of the Senate -do not want the oil import fee, said said Sen. Howard Metzenbaum, D-Ohio, 'who sponsored the amendment with Sen.

Bob Dole, R-Kan. Although congressional leaders had targeted the $10 billion from the fee for tax cuts, some have conceded that the money might be needed as a cushion to keep the budget in balance if the economy worsens. The oil import fee has also been under attack in the House where the Commerce Committee has approved legislation intended to block the fee and a subcommittee of the tax-wnting Ways and Means Committee was set to take up a bill today to repeal it The Senate's budget votes, combined with the House proposal. Although House negotiators were expected to object to the Senates high defense outlays and deep cuts in social program, the Senate created a new batch of differences in its lastminute budget changes. Along with funds for Saturday mail, state revenue sharing and law enforcement grants, the Senate also voted 87-6 to raise veterans spending by $300 million and pay for it by dipping $100 million into President Carters $10 billion oil import fee.

In proposing to balance the 1981 budget, Carter and congressional leaders vowed not to use the import fee which is scheduled to begin Thursday and which will add about 10 cents a gallon to the price of gas. Ironically, the decision to use the import fee money followed a 75-19 Senate vote ex-' pressing strong displeasure with the fee and growing concern that the recession might be deeper than expected, sparked new concern about the likelihood that Congress will stick to its goal of balancing the 1981 budget Some economists believe the recession alone could create a $40 billion shortfall by driving unemployment up to 9 percent from its current level of 7 percent The higher unemployment would cut tax revenues and increase aid payments such as food stamps and unemployment compensation. -In approving the 1981 budget the Senate also agreed to raise the 1980 spending ceiling from $547.6 billion to $566 4 billion to handle, -higher-than-expected spending. The House' approved a $571.6 billion revised 1980 ceiling. By a voice vote, the Senate agreed to restore $300 million for Saturday mail deliveries, paying for that jncrease by cutting IHINGTON (AP The Senate, voting to live Saturday mail, state revenue shar-d aid to local police departments, is eating the drive to balance the federal for the first time in 12 years.

Senates refusal to ax those programs i new conflicts between its billion balanced budget and the package which favors killing all three. Senate approved its budget for fiscal hich starts Oct 1, on a 68-28 vote Mon-ght, with 19 Republicans joining 49 rats in favor of the spending plan, budget was scheduled to go today to a Senate conference assigned the task nciling the differences between the version and a $611.8 billion bal-judget approved by the House, dent Carter has proposed a balanced budget that generally parallels federal administrative costs an additional 1 percent across the board, except for defense. The 1 percent cut is on top of a 5 percent reduction In the bureaucracy already by the Budget Committee. Some observers believe the new cut is unrealistic. In another budget change, the Senate voted 68-25 to keep alive the Law Enforcement Assistance Administration with $20 million diverted from foreign aid.

The House voted to end LEAA, which provides crimefighting grants to local police. Last week, the Senate also diverted $700 million from categorical" grants which states must use for federally mandated -purposes to general revenue sharing which gives states discretion over how the money is spent The House voted to eliminate the entire $1.7 billion general revenue sharing program for states. I.