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Weather Northwestern California:. Mostly cloudy through Wednesday, with chance of showers tonight and Wednesday; low tonight high Wednesday at fort Bragg 58 and 63, UUah 55 and 68; small craft advisory on the' . coast. 114th Year No. 58 Ukiah, Mendocino County, California—Tuesday, July 9, 1974 Temperature July, 1974 July, 1878 Date HI Lo Date HI Le 8 62 52 8 92 88 Nona Today LowTsday 67 55 RainfaU .84 Last Year 0.00 10 Pages—1 Section—15 Cents FIGHTING CANCER — The Ukiah residential area drive for funds to support cancer research and public information programs for the American Cancer Society will get under way tomorrow, July 10. Preparing drive envelopes above are, left to right, Dede Ledford, Shirley Caugbey, chairman Jenny Higgins, Toni Tollini, and co-chairman Ann Cuff. This year's goal is 84,000, about twice what was collected last year. The drive is organized by the Mendocino-Lake unit of the American Cancer Society. —Journal photo by Raymond. Secretary now In Spain Kissinger will be Opening pear offer Ehrlichman witness $ 175 a ton MADRID (UPI) — Secretary of State Henry A. Kissinger said today in London ha would fly back to Washington and appear as a defense witness Wednesday on behalf of John D. Erlichman in the Btlsberg break-in conspiracy trial. He then flew to Spain on the last stage of his six-nation European tour: Kissinger, who returns home tonight, flew in from London for a six-hour visit, only to learn that Generalissimo Francisco Franco, Spain's 81-year-old chief of state, had been hospitalized with phlebitis —the illness President Nixon was suffering during his recent visit to the Middle East and Western Europe. Kissinger had left Nixon after the Moscow summit conference and briefed Western leaders in Brussels, Paris, Rome, Bonn and London before flying here for talks with Premier Carlos Arias Navarro and Spanish Foreign Minister Pedro Cortina. Kissinger was directed Monday to appear as a defense witness Wednesday before the Ellsberg break-in conspiracy trial on behalf of Ehrlichman, Nixon's former No. 2 aide. Kissinger was ordered to testify about whether he or Nixon were at the top Of a chain of command that Ehrlichman says led to his authorizing a "covert operation" against Daniel Ellsberg, the man who leaked the Pentagon Papers. Kissinger was expected to deny testimony that he, along with Ehrlichman, gave the orders for a psychological profile of Ellsberg. David R._ Young Jr., a co-director of the White House "plumbers unit" tracing national security leaks, had testified the two were responsible for the Ellsberg action. Kissinger said in London before leaving for Madrid: "I will appear." Kissinger expressed his regrets that he would not be able to meet Franco.but said his visit would proceed on schedule. He 'was to take off for Washington at 6 p.m. (noon EDT) and arrive there at 8:30 p.m. EDT. : A senior official traveling aboard Kissinger's airplane said that Kissinger's talks in London on the energy crisis were centered on three subjects: —The pressure of world wide demand on energy supplies and prices, —Possible agreements on emergency arrangements to handle future shortages induced by new boycotts or other unforeseen events, and, —How to arrange the recyling of the billions of dollars that have simultanously drained out of Europe to pay for Arab oil and returned to Europe in the form of investment capital. The official said that the critical problem among the three was the question of recycling funds. He said Kissinger dealt with this problem in a general way with the British, trying to identify the exact problem areas and to examine some potential solutions. But he said Kissinger, who is not an economist, plans to leave the actual detailed problem to the finance ministers and central bankers of the Western energy consuming nations. In that connection, the official said, treasury secretary William Simon plans to deal with the question of funds when he arrives in Europe later this summer. Kissinger is said to feel that all European nations now have recognized the futility of continued bilateral dealing for oil which acts to keep prices high and does not solve the problem of what'to do with the financial dislocations caused by some nations like Italy running huge deficits on account of oil imports while others like France, Britain and West Germany benefit from large deposits of Arab oil money. Pear crop damage feared in wake of record rain Mendocino County residents put their rain protection gear back into temporary storage today in the wake Of a freak rainstorm Sunday and Monday which smashed all existing July records for Ukiah, Willits, Fort Bragg and most of the unincorporated areas of the county. As of 5 p.m. last night, according to George Hall, one of the Ukiah fire department's weather watchers, the storm total reached .84 of an inch, to set a new July record dating back to 1877. The PG&E powerhouse in Potter Valley reported a storm total of 1.48 inches. The Division of Forestry station at Willits recorded a storm total of 1.74 inches, and other CDF reporting stations as follows: Chamberlain Creek, 1.25; Boonville, 1.04; Covelo, .94 of an inch. The storm, which moved through northern and central California and extended about a hundred miles south of San Francisco, lashed central California until last night before moving in a southeasterly dbrectkn and out of California. Ukiah fire department records, going back to before the turn of the century, had the former record July rainfall occurring in 1958 when .50 of an inch fell on the 16th and 17th and 22nd and 23rd. The next wettest July in history was in 1946 when .42 of an inch fell on the 25th and 26th. In 1949, .30 of an inch was recorded on the 31st. The Mendocino County hay crop suffered the most with Ag Commissioner Ted Eriksen reporting damage to the exposed baled hay from downgrading in quality due to leaching, and rot. Also concerned are Mendocino and Lake County pear growers who fear that with fungus scab prevalent, a prolonged period of moisture could provide an incubation period for the scab organism with resultant damage to the maturing pears. According to Eriksen, the unusual storm had little effect on the grapes in the two counties, a later maturing crop. PG&E was plagued by minor interruptions in electrical service during the storm which downed lines and dampened cables but all service was restored by early Monday. SAN FRANCISCO —California Canning Pear Association today offered its members' tonnage of No. 1 processing Bartlett pears to the state's canners at a price of $175 per ton, according to Cameron Girton, association manager. Growers received $115 per ton last year. Girton says that the price will bring the cost of No. 1 Bartletts to 8.% cents "per pound for the coming year. Prices on other grades of pears include $173 per ton for Buerre Hardys, $140 for hail and i frost grades, and $105 for strained food grade. "In determining the 1974 price, directors noted that Pacific Coast supplies are considerably reduced from last year when 503,000 tons were produced, as compared to an estimated production of 463,000 tons for 1974. The California crop is forecast at 273,000 tons, a reduction of 41,000 tons from 1973. In addition, carryovers of California canned pears on June 1, 1974, totaled 615,258 cases, the smallest carryover in recent history, and supplies of fruit cocktail, of which California pears are a major component are more than 1 million cases below the June 1, 1973 supply. Canners have until 5 p.m., July 12 to reply to the association offer. Ag Commissioner Ted Eriksen told the Journal this morning that the prospects, of a repeat of the 1973 record crop for Mendocino and Lake Counties were nil in the wake of a less than favorable growing season. • In 1973, both counties smashed all tonnage records— 71,000 tons in Lake and 50,500 tons in Mendocino. The Growers Council anticipates a 1974 Mendocino County crop of 40,000 tons and a Lake County crop of 61,000 tons. Canners' estimates for both counties are slightly lower. This year's crop was hurt by adverse weather subsequent to and during the blooming season and prospects for a peak crop were further diminished by Sunday and Monday's freak rainstorm which could conceivably stimulate the infestation of fungus scab. Included among CCPA directors who voted in favor of the initial offer to the canners were Cedric Thornton of Potter Valley and Stan Hildreth of the Talmage area. College board will elect new officers at meet Trustees of the Mendocino Community College district will meet at 4:30 p.m. Wednesday in Room 501 of the fairgrounds interim campus, with election of board officers for the second college year the first order of business on the regular open agenda. (There may be a preliminary personnel session starting at 4:30 p.m., delaying the open meeting a brief time.) Leo Cook is president of the first board of trustees of the college district, and his year as president nominally ends Wednesday, unless he should be reelected. Wednesday's agenda includes numerous agenda items held over from the last meeting date two weeks ago when the board, for the first time in its history, failed to have a quorum. Will Nixon abide bycourt decision? Justices deliberating President's case WASHINGTON (UPI) — Special Prosecutor Leon Jaworski believes America's constitutional government is seriously jeopardized by President Nixon's refusal to obey court orders that he yield his Watergate tapes and conversations. > But Nixon's chief Watergate lawyer, James D, St. Clair, argues that the President is immune from criminal proceedings in the courts because the Constitution provides an impeachment process to handle such contingencies. The Supreme Court today was' deliberating which of those sharply divergent views will prevail. There was no indication when its decision might come. The two lawyers argued for three hours Monday in an extraordinary session of the Supreme Court. In its highceilinged marble and mahogany chamber, packed with spectators who wanted a taste of history, eight justices listened and questioned carefully the lawyers propounding those disparate philosophies about the power of the American presidency. According to Jaworski: "This nation's constitutional form of government is in serious jeopardy if the President, any President, is to say that the Constitution means what he says it does, and there is no one, not even the Supreme Court, to tell him otherwise." Retorted St. Clair: "Even if criminal, he is immune from the criminal process...The process (in the case of a president) is impeachment..." In the chamber, St. Clair refused to be pinned down on whether Nixon would obey a Supreme Court decision. One mile away, White House spokesmen declined to say what the President would do should the Court rule against him. But in the Capitol, across the street from the Supreme Court building, two Republicans on the House Judiciary Committee which is studying Nixon's impeachment warned that should the President refuse to obey, the consequences for his presidency might be disastrous. "I don't think that would be healthy for the President," said Rep. Trent Lott of Mississippi, one of Nixon's strongest supporters on the committee. And Rep. ' Robert McClory of Illinois said defiance would be "nothing short of disastrous." Last August, in a different tapes case, Nixon said he would abide by a "definitive" Supreme Court decision, but did not define "definitive." St. Clair told reporters today upon arriving for the House Judiciary Committee's impeachment hearings that "virtually all" the 64 taped conversations which are subject of the Supreme Court arguments exist and are in Nixon's possession. But St. Clair quoted Jaworski as estimating that it would take two months to survey the tapes to take out only those conversations which pertained to his investigation. St. Clair said the original 23 transcripts given Jaworski required 24 hours work each day for one month. St. Clair, who spoke with Nixon Monday after the Supreme Court arguments, refused once again to say whether the President intended to comply with art order to produce the tapes .if the Supreme Court decides he must. v Jaworski contended Nixon must relinquish records and tapes of 64 White House conversatidtts which the prosecutor has subpoenaed for use in the September trial of former Nixon aides accused of covering up Watergate. One of those aides, former White House chief of staff H. R. Haldeman, sat in the audience as the justices heard the case. St. Clair contended the President; not the prosecutors and not the courts, had the right to decide what evidence is to be presented. "...The special prosecutor was not delegated the right to tell the President what of his conversations are going to be made available as evidence," St.Clair said. "That was specifically reserved." St. Clair said the court should declare the whole matter a "political question" over which it had no jurisdiction. He did not explicitly promise the President even would comply with a ruling by the high court, saying: "This is being submitted to this court for its guidance and judgment with respect to the law. The President, on the other hand, has his obligations under the Constitution." A White House spokesman also declined under questioning by newsmen to say how Nixon would respond to a decision against Mm. The. President has said he would abide by a "definitive" ruling of the high court. There was strong sentiment on Capitol Hill for Nixon to comply with any decision. "I think any citizen would obey any decision of the Supreme Court," said Senate Democratic Leader Mike Mansfield, of Montana, Said Senate GOP Leader Hugh Scott: "My view is that if it is a clear order to the President to make certain disclosures, he could not afford to defy it." "When boiled down, this case really presents one fundamental issue," said Jaworski, "who is to be the arbiter of what the Constitution says?" Israeli naval raiders attack Lebanese shipping in 3 ports By United Press International The Israeli national radio' said today Israeli naval raiders attacked Lebanese shipping in three Mediterranean ports because the government had received information that Palestinian guerrillas planned to attack Israel by sea. Israeli military sources estimated about 30 vessels were sunk by Israeli gunboats and frogmen in the late Monday attack. A Lebanese Defense Ministry communique said 21 boats were lost while Arab newsmen reported at least 33 were sunk. Palestinian guerrillas vowed to launch a new round of raids in retaliation for the Israeli naval strikes. The Israeli raid also was believed to be in retaliation for a June 24 attack in which three Palestinian guerrillas landed in a rubber raft near the Israeli resort of Naharariya and killed four Israelis, including a mother and her two children. The guerrillas also were killed. The Israeli national radio said only that the government decided to launch the raids because of information it had that the guerrillas planned to attack Israel again by sea., It said the government "decided to take a certain political risk" in permitting the sea raids. Political sources in Jerusalem said the government's explanation of the raid was given by Prime Minister Yitzhak Rabin in a background briefing to Israeli correspondents to which foreign newsmen were not invited. Beirut press commentators said the Israeli raids were designed to create friction between local civilians and Palestinian refugees. Police ride-along program expanded Chief Donn Saulsbury has announced the expansion of the Ukiah police department ride-along program to include adults. Effective Monday, July 8, citizens will be allowed to ride with and observe police officers on Tuesdays, Wednesdays, and Thursdays between 7-10 p.m. Following , the observation time, riders may complete a critique form. Citizens wishing to ride should call the police department at 462-3838 and schedule a time and date. They will then be notified of the scheduled time, and asked to sign a release and waiver from liability. The department currently operates a ride-along program for high school, students. , : "The attack was aimed against Lebanese fishermen," a commentator for the Arab World daily press summary said." "It was a civilian target and the attack was meant to cause economic harm to the Lebanese...The Israelis apparently are hoping the fishermen would demand action by the government against the Palestinians." "The Palestinian revolution will reply to the Israeli attack by attacks on Israeli targets from inside our occupied lands," WAFA, the guerrilla news agency, said in Beirut. Officials in Beirut and Tel Aviv issued conflicting reports on Monday night's raids, which broke a three-week lull in the escalating war of strikes and counter- strikes along the uneasy Israeli-Lebanese front. Israeli military sources said naval commandos sank an estimated 30 vessels at the ports of Tyre, Sidon and Ras-e-Sheik in southern Lebanon to forestall future guerrilla attacks from the sea. "It was more of a warning than anything because we saw that preparations were underway for an assault," the Tel Aviv sources said. A Lebanese military communique said Israeli gunboats destroyed 21 vessels in attacks against fishing harbors along the Mediterranean coast. It said one person was wounded slightly in the blast of a delayed explosive charge. Arab newsmen at the scene said Israeli gunboats moved into Lebanese territory at 11 p.m., shelling fishing harbors at Tyre, Sarafand, Bourghouliyeh, Sidon and Adloun. A military spokesman in Tel Aviv said the raiders were taken to the scene by gunboats, swam into the ports under the cover of darkness, planted explosives on selected vessels and then made their escape in the waiting warships. There were no reported Israeli casualties in the hit-and-run raids. The Israeli-Lebanese frontier has been quiet since June 20 when Israeli warplanes completed three days of bombing raids against Palestinian targets; Government must refund import surcharge taxes NEW YORK (UPI) — President Nixon exceeded his constitutional authority in imposing a 10 per cent surcharge on imports in 1971 and the government must refund $500 million to importers, the U.S. Customs Court ruled Monday. The government indicated it would appeal. Nixon imposed the surcharge, effective from Aug. 16 to Dec. 20,1971, as a means of improving the United States' balance of payments deficit. It had' the effect of discouraging foregin imports by making them more expensive while at the same time making American exports cheaper. In a unanimous, 41 -page decision, written by Chief Judge Nils A. JJoe, the three-judge panel said Nixon had "arrogated unto a president a power beyond the scope of any authority delegated to him by Congress" in imposing the surcharge, a part of Nixon's Phase I anti-inflation package. "The power to levy and collect taxes, duties, imposts and excises and to regulate foreign commerce has been vested solely in Congress by the Constitution," the court said. "To indulge in judicial rationalization in order to sanction the exercise of a power where no power in fact exists is to strike the deadliest of blows to our Constitution." Andrew Vance, chief of the customs section of the Department of Justice, expected the decision to be appealed to the U.S. Court of Customs and Patent Appeals in Washington and ultimately to the Supreme Court. He said "roughly $500 million" would have to be refunded to importers if the ruling was upheld. The surcharge was challenged in court by a Japanese manufacturing firm, Yoshida International, Inc., which imports zippers. Its suit was one of several filed by importers incensed by the extra duty, which many of them absorbed rather than pass on to consumers. During arguments on the suit last, November, government attorneys argued that the President had been given the authority to impose the surcharge by various acts of Congress. The surcharge was lifted after four months when major foreign countries, including Japan, bowed to U.S. pressure to revalue their currencies upward, making their import goods more expensive in the United States and making American goods more competitive abroad.