The Herald from Jasper, Indiana • Page 18

The Herald, Friday, December 2,1977 Page 18 Separation of powers question brings recount of 1976 votes By HORTENSE MYERS INDIANAPOLIS (UPI) A major separation of powers question that divides many lawyers, including those on the Indiana Supreme Court, will produce a recount in a 1976 State Senate race. State Republican Chairman Bruce Melchert said he has asked attorneys to proceed with a recount on behalf of former state Sen Robert Sheaffer, a GOP in- i umbenl defeated in 1976 by Sen. Wheeler, D-Shelbyville Thomas won the election in the ir county District 42 by seven vi. es and Sheaffer asked for a recount by the Shelby Circuit Court, as provided in state taw The high court on May 6, by a 3-2 vote, blocked the recount on grounds the courts should not get involved in recounting a legislative race The same court, with a change of one justice in the interim, decided 3-2 Tuesday that it should proceed Sheaffer, a Fairland attorney, said he was willing to go ahead with the recount under the change- of-mind opinion by the highest court if the Indiana Republican organization felt it was important. Back of this great debate is the interpretation of Article 4, Section 10, of the state constitution, which says: house, when assembled shall judge the elections, qualifications and returns of its Melchert said he had conferred with Shaeffer, Senate Republican Leader Martin Edwards of Newcastle and counsel William Evans have asked them to proceed and to give some further analysis.

The final decision has not been made. We have to be appreciative and feel the court was wise in its decision. do have a jurisdiction and we should have the right to Few clues in slayings of two Indiana students recount. Even if the recount is successful and Shaeffer declared the winner, the Senate would still have to vote to seat him. I see how the Democratic controlled Senate can vote not to seat him.

It would be a direct slap at the electorate and the court Edwards said the newest opinion what I thought was a misguided opinion. The original opinion took away the availability of looking to the court when we have a problem with recount and this was never the intent of the The GOP Senate leader said he could not speak for Senate President pro tern Robert Fair, the I presiding Democratic officer, but if he were in his shoes, would follow the order to the I Fair, however, declined com- ment, saying he first wanted to study the latest opinion on legislative recount. saw the I original opinion, and I saw no objection to 1 He questioned whether a petition for a rehearing before the high court had been filed by the I Republicans, However, records showed it was filed May 19 and certificate of service went to two Indianapolis attorneys. Chief Justice Richard Givan, in his dissent to the original opinion and in the majority ruling the second time around, stressed that if the courts were not permitted to carry out a vote recount, an impossible situation would result. reasonable extension of such philosophy of votes by the election boards in the initial election would be an invasion of the legislative perogative and that the various legislative bodies should choose their members without benefit of elections.

has always been the legislative intent to consider the vote of the public as the primary requisite for obtaining a seat in the legislative But Justice Roger DeBruler warned in both opinions that the courts must not become involved in the bias and favoritism of partisan politics. seating of legislators is a highly political process and the involvement of the courts in that process endangers a image of he wrote. I I I I ALL BEEF SHOOTING MATCH SUNDAY, DEC 4 St. Anthony Conservation Club TRAP SHOOT (from 11 AM) CLOSED BEEF MATCH (3 PM) 1st CHOICE BEEF court LUNCH and REFRESHMENTS BEGINNING 11 AM I I I I I I I I I I I I By United Press International Police have not given up, but clues are still slim in the murders of two coeds. And at least one campus security officer thinks female college students should be more careful in making travel plans.

State Police Maj Stanley Kenny said Thursday investigators are still looking for a break to solve the killing of Ann Harmeier, 20, an Indiana University coed who was abducted from her stalled car along State Road 37 near Mar tinsvilleSept. 12 Miss Harmeier, who vanished while driving back to school from her home at Cambridge City, was found weeks later in a farm field several miles from the highway An autopsy showed she had been strangled and probably raped Kenny said about 20 known sex offenders have been questioned, but so far no arrest made State police also want to talk to Joseph Mazer, 23, who has been returned from Texas to Guernsey County, Ohio, to face charges in the slaying of another young woman But attorney let him talk to anyone about any slayings, Kenny said Kenny said Mazer passed through Indiana on the day Miss Harmeier disappeared, but ap parently Mazer, before his attorney silenced him, told police he was not in the Martinsville area that day. West Lafayette police said a Purdue University student has been eliminated as a suspect in the slaying of Purdue coed Kristine Kozik, 19, Downers Grove, 111 The student was one of two males seen with Miss Kozik at a tavern the night she vanished Her body was found a month later along a lovers lane south of Lafayette Meanwhile, ('apt Gilbert Buck of the Purdue University Police Department wants the eliminated. The board is used for posting notes by students who seek rides or have rides to offer r.FI FBRflTION NOW thru DEC. 17,1977 Stop in and help us celebrate say the danger greatly overwhelms the benefits" of the ride board, Buck said He also recalls the coed who used the board in 1975 to obtain a ride to the east coast Instead, she wound up kidnapped by two men neither Purdue students who held her captive in Minnesota for a The experiment dealt with trying to make the coed fall in love with one of her captors.

She was not raped and later was freed Buck also spoke about another coed who used her head in seeking a ride She invited the man to her residence hall so she could meet him in safe surroundings She Christmas party to be discussed The annual Jasper community Christmas party held th- Jasper High School gym will hr discussed at the American Legion Auxiliary Christmas party on Dec 5 at 6:30 at the Post Home Members are asked to pay $1 at the door for the meal and bring a $1 gift for exchange Soap and jelly and gifts for the Kmghtstown I Iome boys are also needed became suspicious of him at the meeting and called police The man turned out to be a non student, but was not arrested bee a he had done nothing illega But the coed. Buck said, did the thing "She called us, and rightfully so we feature HOMEMADE SOUPS -SANDWICHES -DINNERS SERVED EACH NOON -COLD BEER AND WINE -FAMILY ROOM Register for Stereo Console Track Tape and Turntable, to be given away Dec. 17, 1977. NO PURCHASE NECESSARY Stereo on display at Sternberg TV STOP IN OFTEN ANNIVERSARY SPECIAL NOW THRU DEC. 17,1977 OFF on the purchase of CASE OF BEER 50 (ANY BRAND) SUNSET TAVERN HWY.

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