The Santa Fe New Mexican from Santa Fe, New Mexico • 5

V- A cr-rv Santa Fe, N.M., Saturday, October 20, 1984 THE NEW MEXICAN A-5 IReDmcpist: PcesMemiiiDal pull 3s OEC MINNEAPOLIS (AP) Supreme Court Justice William H. Rehnquist said Friday he sees nothing wrong with a president trying to pack the nations highest court with nominees sympathetic to his political or philosophical principles. But Rehnquist noted that past presidents have met with only partial success in such efforts to Influence American law. His remarks, in a speech prepared for delivery at the University of Minnesotas law school, come at a time of increased speculation over how this years presidential election will affect the Supreme Courts A president who sets out to pack the court seeks to appoint people to the court who are sympathetic to his political or philosophical principles. There is no reason in the world why a president should not do this, the justice said.

But Rehnquist added: History teaches us that a number of factors militate against a president having anything more than partial success. One factor, he said, is that while both presidents and judicial nominees may know the current constitutional issues of importance, neither of them (usually can predict) what the great issues of 10 or 15 years hence are to be. Rehnquist also pointed out that presidents cannot predict with certainty how long even comparatively youthful nominees, appointed for life, might remain on the court. And, he noted, personal antagonisms often have developed between appointees of the same presi-. dent.

When one puts on the robe, one enters a world of public scrutiny and professional criticism which sets great store by individual performance and much less store upon the virtue of being a team player, Rehnquist said. He said even newly appointed justices strongly loyal to the president who appointed them immediately face institutional pressures that may test and strain that loyalty. The 1984 presidential election has focused some attention on the Supreme Court because five of the nine justices would reach age 80 before the end of the next presidents term in office. Chief Justice Warren E. Burger and Justice Thurgood Marshall are 76; Justice Harry A.

Blackmun is 75; Justice William J. Brennan is 78; and Justice Lewis F. Powell is 77. Rehnquist is 60, the second youngest justice. Rehnquist noted that President Franklin D.

Roosevelt at tempted in 1937 to expand the courts size to appoint New Deal sympathizers. The court-packing failed, but Roosevelt soon thereafter got to fill four vacancies caused by deaths an opportunity given to him by the operation of the actuarial tables, Rehnquist said. Rehnquist, a 1971 appointee of President Richard M. Nixon, generally is recognized as the current courts most politically conservative member. In his speech, he illustrated his points about the limited scope of presidential influence on the court with examples no more recent than the 1940s.

WILLIAM H. REHNQUIST Packing's OK Foyir CDA woirkeirs die in Salvador crash arms to leftist Salvadoran guerrillas. He said such missions had been under way about two months. All I know is that there was a plane crash and supposedly they were chasing another airplane that was suspected of carrying weapons to the enemy, said Sen. Barry Goldwater, chairman of the Senate Intelligence Committee.

And they just plain flew into a mountain. That happens in the best of places, Goldwater said in Carefree, Ariz. Speakes confirmed that the airplane was under contract to the U.S. government and the government of El Salvador. Jim Williams, a spokesman for the U.S.

Embassy in San Sal vador, said the plane went down on the Guazapa volcano, a longtime rebel stronghold 15 miles north of the capital, and that Salvadoran authorities are investigating the crash. According to a statement read by State Department spokesman Brian Carlson, The airplane was crewed by four U.S. citizen civilian employees of the Central Intelligence Agency. There were no survivors. Next of kin have been notified.

The U.S. embassy in San Salvador issued a similar communique. Neither Speakes nor Carlson identified the employees by name. A CIA official also declined to identify the four, and the communique from San Salvador did not identify the four. Salvador government in its struggle against leftist insurgents.

It has accused Nicaraguas leftist government of supplying arms to the rebels a charge denied by Nicaraguan officials. The bodies of four people, said to be Americans and apparently the four who died in the crash, were brought to a funeral home Friday afternoon in San Salvador. The only other American official known to have been killed in connection with the five-year-old Salvadoran civil war was Lt. Cmdr. Albert A.

Schaufelberger III, deputy commander of the U.S. advisers, who was shot May 25, 1983, in San Salvador. Illinois uphold ban on handgun SPRINGFIELD, 111! (AP) A divided Illinois Supreme Court on Friday upheld the nations first handgun ban In the Chicago suburb of Morton Grove; the villages mayor said the ruling 'sends the 'green light to other communities considering similar 'laws. The 4-3 decision came oh a' challenge by four village residents who contended the 1981 law barring sale and posses-. slon of handguns violated state constitutional guarantees of the right to bear arms and was not within the scope of local officials authority.

The high court said.such a ban is constitutional as long as not all guns are outlawed and village officials have tho power to impose the ban to reduce weapons-related Injuries and accidents. The right, to bear arms was designed neither to encourage nor to discourage the possession of firearms, but merely to guard against the confiscation of all arms, Justice Seymour Simon wrote In the majority opinion. Richard Flickinger, mayor of the village of 23,000, said many other municipalities have requested copies of Mor; ton Groves ordinance but were, hesitant to acf, while" court challenges were pending They should the green light now to pass Whatever ordinance they want as far; as gun-. control is concerned, Flickinger County delves into resurfaced roads Highway Department may inquire the roads met state specifications, the gravel base began deteriorating immediately after it was laid. If the state declines to assist in mediating the controversy, the commission may hire an A consultant's fee likely would be $2,000 to $3,000, said Ortiz.

Among the most vocal critics Also Friday, the commission voted to apply for two separate grants totaling $800,000, administered by the state Department of Administration and Finance. One $400,000 grant, if received from the New Mexico 1 Community Assistance Program, would be used to pave 3 miles of the disputed El Rancho road, the commission decided. The other grant, $400,000 from the Community Development Block'Gront Program, would be used to oDild a senior citizens center in Santa Cruz. The block grant money is federal. The community assistance funding is allocated by the state Legislature.

Absent from Fridays meeting was Commissioner Samuel J. Garcia. independent engineering consultant to investigate the situation. There seems to be some dispute on what the problem was, County Manager Patrick X. Ortiz told the board.

The County Commissioners agreed at a 9 a.m. Friday special meeting that if an outside engineer is hired, the person should be from outside Santa Fe, to avoid any conflict. We need someone whos really neutral, said Jerome D. Block, commission chairman. The board agreed with Dennis Murphy, a county attorney, that STORE t-: The incident occurred one day after the Salvadoran army launched a major offensive against a rebel stronghold in northeastern El Salvador.

But the intelligence source, who spoke on condition he not be identified, said the flight was unrelated to the offensive. There was initial confusion over the fours exact relation-ship with the CIA. One source said one was an agent and three were contract employees, but another source said the plane carried three agents ana one contract employee. Contract employees are not regular agency staff members. The U.S.

government has been providing financial assistance and technical advice to the El of the road projects is Commissioner Rudy Froggy Fernandez, who said the roads were better before the five-road project was completed about six weeks ago by Espanola Mercantile Co. The other two roads in the $362,000 project Old Santa Fe Trail here and County Road 7 in Edgewood -7- turned out all right, said county officials. The commissioners on Oct. 9 tabled a request to pay Espanola Mercantile $150,547 for the road project. store visit that he was a drug fighter and a "citizen.

Feldman said he also is against selling drug-related paraphernalia, but that the items in his store are not in violation of the law. If they had simply called me and said they thought we had a problem, I would haye sat down to take a helicopter back to St. Vincent Hospital, which would have put him back in Santa Fe by 2 p.m. He refused. I didnt think I was in such bad shape that I needed to fly back and I was worried about my truck, which is my only transportation, he said later.

Although McKeag rode in his truck, he was convinced only after several minutes of protest to let someone else drive. WASHINGTON (AP) Four American employees of the CIA on an arms surveillance mission in El Salvador were killed Friday when their aircraft crashed in heavy rain near the capital, San Salvador. White House spokesan Larry Speakes said the mission of the unarmed aircraft was to assist the government of El Salvador by warning of insurgent offensives aqd identification of shipments jtrms and ammunition by the government of Nicaragua to the guerrillas in El Salvador. One intelligence source said the plane, equipped with sophisticated night photography equipment, was following another aircraft Suspected of carrying Investors buy into KSAF-TV Controlling interest in Santa Fe TV station KSAF-Chan-nel 2 has been sold to a California-based investor group. The sale is a buy-in original investors retain their shares of the $10 million VHF station that went on the air a year ago.

C.L. Brown of Santa Fe, president of New Mexico Media which operates the station, said 50.5 percent of KSAF. stock has been purchased by S.D. Associates and Carlisle Capital Corp. of Los Angeles.

S.D. Associates is owned by S.D. Communications, which in turn is owned by Dennis Stanfill and Raymond Delig, both of Los Angeles. Carlisle Capital Corp. is a private, venture capita limited partnership group specializing in entertainment and broadcasting business holdings.

StanflU and Delig are executives of 20th Centry Fox Corp. Also an investor in the purchase is I. Martin Pompedour of New York City, a former board member and executive ofABC-TV. The original KSAF investor group includes Santa Fe developer C. Lee Brown, businessman Charles Scanlan and attorney Joff Polon, in addition to an out-of-state syndicate of limited partnership investors brought together by Rothchild Group Ltd.

KSAF-TV manager A1 Lucero said the new investors said do not plan management changes. He said the net result of the buy-in is an infusion of capital for the station. The S.D. Associates-Carli-sle Capital Corp. group has filed an application for transfer and expansion of the TV license with the Federal Communications Commission.

The application was filed Oct. 3. Lucero said that despite the infusion of capital, KSAF-TV does not expect to begin locally generated news programming in the near future. When KSAF signed on it had a local news department. Economic figures: Slump over? WASHINGTON (AP) The U.S.

echhomy went into a pronounced slump during the sum-mer with growth slowing to a sluggish 2.7 percent rate from July thrpUgh September. Thats ess than one-third the torrid pace set in the first half of the year, the government said The Reagan administration, facing an" election in less than three weeks, declared the slowdown is already behind us and pointed to encouraging signs that the economy has perked up from its summer doldrums. By WILLIAM HEIMBACH The New Mexican Staff Santa Fe County will seek independent verification of what went wrong with three county roads that began falling apart just after being resurfaced this summer. The County Commission decided Friday to see whether the New Mexico Highway Department will enter the tray that has developed over La Puebla and El Rancho roads in northern Santa Fe County, and West Alameda in Santa Fe. Although the material used on -PADILLA Continued from Page A-l said were used as a basis for the rape charge.

Lujan was being held at the detention home on Airport Road pending a hearing on Monday to determine whether authorities will continue to hold him. The hearing will be held by District Judge Petra Jimenez Maes. Quintana, discussing the charge of rape against Lujan, said an autopsy might show whether the girl was sexually assaulted. Lujan enrolled this fall at Po-joaque High School but hadnt attended classes since the first three or four days of school, according to Ruben Lucero, a counselor at the high school. The body of the girl was taken by stretcher out of an isolated arroyo about 2 miles from her home shortly after noon Friday.

Lujan led police to the body Thursday evening after his arrest on a warrant, according to law enforcement officials. The victim apparently died a week ago Thursday, according to Quintana. Assistant District Atttorney Robert Sena inspected the crime scene and helped police from the Bureau of Indian Affairs carry out the body, wrapped in cloth. The body was found on Po-joaque Pueblo land but will be treated as a state, rather than a federal, crime because the victim wasnt Indian, Sena said. Sena, like Quintana, was tight-lipped when asked about evidence in the case.

Officials at St. Vincent Hospital in Santa Fe said the victims mother was admitted to the hospital Friday morning, but they wouldnt give details. Hospital representative Charles Cullin would say only that her condition was listed by her physician as stable. Mequella Padilla was described by a teacher-coach At Pojoaque Middle School as ja very friendly girl very creative. The teacher coach, Sharon Allen, said the girl was manager for the sixth-grade volleyball and basketball teams and sometimes brought lists of suggestions to school.

She had a lot of friends. She seemed to be very social, Alien remarked. She seemed to be friendly with Just about Dr. Ray Guerette, a Los Alamos dentist and member of Los Alamos Parents in Action, and Linda Espinosa of Santa Fe Chemical People, picket The General Store in Santa Fe on Friday. They say the store's selling drug paraphernalia.

The New MexicanMiehael Heller If someone comes in and wants to buy one of the pipes and implies it is to be used illegally, we wont sell to them, Feldman said. In fact, the law says you arent supposed to sell tobacco to anyone under 18 years of age, and we dont. How many stores in Santa Fe can say that? Feldman said. was found so quickly only 30 minutes after the helicopter left Santa Fe on Friday morning was because he had walked P'e exact route he was expected by friends to follow. Rescue personnel said the heavy snow made the search difficult.

It was one of the roughest searches Ive been on In quite a few years, said Herb Kincey of the St. Johns team. Continued from Page A-l particularly when it appears theyre taking the law into their own hands, he said. Feldman said spokespersons in the group never identified themselves. I dont know who they were, he said.

Moulton told Feldman over the telephone during the SAFE Continuedfrom Page A-l flipped to see who would get to eat who. McKeag was spotted Friday morning waving a red sweatshirt at a helicopter. He then was walked by rescuers to a base camp set up 2 miles away, The 20-membcr St. Johns rescue team wanted McKeag with them to discuss it," he said. Were not breaking the law.

Feldman said the matter of the sale of pipes and other items isnt a new legal question. In Albuquerque, were going to court over it, he said. Feldman said the pipes could be just as easily used for tobacco. Two Civil Air Patrol planes and two helicopters one from the New Mexico National Guard and one from the state police participated in the search. Besides the 20-person St Johns team, the operation was carried out by 23 members oi the United Work College Search and Rescue Team out of Montezuma.

The main reason McKeag.