Bennington Banner from Bennington, Vermont • Page 16

16 Bennington Banner, Friday, October IB, 1174 Cheney to defend public in Blue Cross rate case Court reorganization suggested MONTPELIER (UPI) A consultant's preliminary report on reorganization of Vermont's court system, suggests several administrative changes hut leaves the state's basic court structure relatively unchanged. The report's most far reaching recommendation is a call for separation of small claims court sessions from the PSB rejects Green rate proposal MONTPELIER (UPI) The Vermont Public Service Board Thursday night threw out Ihe rate design proposal of the Green Mountain IViwer Corp. on the grounds that Important testimony presented by the firm was erroneous and inadequate. Hie board's ruling came during the special technical hearing scheduled over the objections of PSB Commissioner Daniel Haggles III who has refused to attend night sessions of the board. The PSB found the testimony of the company's customer services Vice Preside nt Ralph Whitney to be In error and inadequate, Whitney was the second important company witness to be virtually blocked from testifying.

Last week the testimony of financial consultant Eugene Merrill of the Stone and Webster Engineering Co. of New York was struck from the record because it had not the rate case. For example, Cheney said if the outcome of the rale case were appealed to the Vermont Supreme Court his responsibility would be lo defend the positio of Banking and Insurance Commissioner James Guest, Cheney said because Blue Shield for the first time is seeking different rate Increases for the two states unusual legal problems could result For that reason and also because the latest rale increase request comes close on the heals of ari 1 1 .6 boost granted May 1, he said, he wants his office to participate. Assistant Attorney General James Morse has been selected by Chenay to take on the Blue Shield. case.

Cheney said his office has not decided what specific stance to take on the rate increase request. MONT PELTER (UPI) Vermont Attorney General Klmberly Cheney said Thursday his office wanU to take the unprecedented role of defending the public's Interests In the pending Blue Shield rate increase case. Blue Shield disclosed Wednesday it will seek permission to increase its rates by an average of 27,7 per cent in Vermont and 2S.7 per cent in New Hampshire. Rates for Blue Shield are set in Vermont and New Hampshire by the insurance commissioner for each state. Legal difficulties could result, Cheney said, because it Is his office's responsibility to represent state agencies such as the Banking and rnsurar.ee Department, There mHy be potential conflicts, he added, between that responsibility and his desire to represent the general public in Court gives eminent domain power in Holiday Inn dispute State won't prosecute for Vernon's excesses existing court structure.

The report suggests that specially assigned lawyers could be used as magistrates in small claims cases. The report was delivered this week to a special committee studying possible changes In the Vermont court system passage of a court reform amendment to Uie Constitution. es change for the stale street site proposed for the hotel complex. However, the deal was rejected by the owners of the property and on the last day of the legislative session the lawmakers empowered the state to take the land by the right of eminent domain. Attorney William Ryan of Montpelier, lawyer for promoters of the Holiday Inn, has indicated he will appeal the order to the state Supreme Court.

Lawrence lawyer wary of publicity ST. ALBANS (UPI) The lawyer for Paul Lawrence, a St. Albans undercover narcotics agent charged with perjury and misuse of drug law enforcement funds, said Thursday night that he hopes the city will extend all legal i ignis to his client. Attorney John Welch's remarks came after the recommendation by a majority of the Lity Council that Lawrence be dismissed from the Police Department because heavy publicity surrounding his July arrest in Burlington. I awrencc is currently out on bail and is working in a clerical post for the Police Department.

Re is awaiting trial on eight charges In connection with his activities as a narcotics detective. Welch is expected to seek dismissal roilay in Vermont District Court in liurlintonoE charges against Iwrence. Lrie of the grounds on which Welch is expc do to seek a dismissal is the massive publicity surrounding the case. The consultant, the National Center for State Courti, presented Ihe report to the committee headed by Supreme Court Chief Justice Albert Birney. Among Ihe changes recommended by theconsultant are the merging of the office of district and county clerks, development of a court facilities improvement program and substantially increased staff for the state court administrator's staff in Montpelier.

The report sidesteps an Innovation which has won wide acceptance In other states, Instead of recommending the establishment of "family courts" for dealing with divorces, child guardianship cases and other domestic matters, the consultant recommends setting up a special docket for such matters within the existing court system. The unique Vermont practice of "side Judges," or laymen serving as assistant judges in the st ate's superior courts would be retained under the advise of the consultant's report. Griffin denies shakeup means title shuffling MONTPEIJER (tIPI) James Griffin denied Thursday that his move from (be presidency of the Vermont Electric Power Co. to the chairmanship of that firm is merely a shuffling of titles. Hep, Brian Burns, Burlington, and House Commerce Committee chairman Rep, Paul Graves, Burlington, have charged the move was really "cosmetic" and offered "no substantial change in the real operation" of the company.

Griffin, president of the Central Vermont Public Service Corp. as well as head of the Vermont Yankee Nuclear Power Corp. Wednesday resigned as president of Velco, the slate largest electricity transmission firm. His resignation hud been requested because some state officials thought it was a conflict of interest for Griffin to head both Velco and Central Vermont, its largest customer. Graves said he still plans to Introduce legislation to limit Central Vermont from holding more than 40 per cent of Veleo's stock.

It is now the majority stockholder. BURLINGTON (UPI) On the recommendation of Health Commissioner Anthony Robbins. the Vermont Health Board has decided not to prosecute the Vermont Yankee Nuclear Power atomic plant in Vernon for violations of state regulations un the emission of radioactive iodine. Robbins luld the board Thursday that corrective measures are under way at the plant to reduce the amount of radioactive emissions. The biggest cause of radioactive releases from the 540,090 kilowatt plant, he said, is defective fuel in the plant's reactor core.

Robbin noted that the plant closed down last Friday to replace the defective fuel. He said he is more interested in1 assuring that pi ant opera lion is cleaner in the future than in prosecuting the plant for recent Letters stolen Bennington police this morning reported the theft sometime during the pastweek of 2fl large plastic iettera from die sign in front of the Bennington MottL The letters are i inches high and three quarters of an Inch thick, and advertised various features of the motel. said the incident is under Froines asks compliance on vinyl chloride hazards County Democrats will dine with candidates here Oct. 29 Froines noted, are used in phonograph records, pipe conduits, insulation, film wrappers and many other items. He emphasized that evidence of potential health hazards regarding these products has been limited to industrial produclion andthat consumer contact with vinyl chloride products is not considered potentially dangerous.

BURLINGTON (UPI) John Froines, Vc rm ont 's director of occupational health, has celled for voluntary compliance from industry to avert potentially dangerous effects of cancer linked vinyl chloride, Froines told the state Health Board ThursiJay thai he doesn't think the state has a vinyl chloride problem, but he said his department would begin processing standards on vinyl chloride similar to IhDse drasra up by the federal government. Accordion to Fruuies, five or six suits have been filed in the nation's courts contending a lack of proof that vinyl chloride can produce cancer and also arguing that the cost of meeting the slandaids would harm business. Vioyl chloride and polyvinylchloride, Videotaped health care panel can be seen Monday on cable MONTPELIER (UPI) The stale will be given the powers of eminent domain (o take over land proposed for the development of a Holiday Inn near the state Capitol, according lo the findings of a Washington County Court judge. Superior Court Judge Stephen Martin of Barrc Thursday handed down findings of fact and conclusions of law which indicated that it is reasonably necessary for the state lo acquire the land for a public purpose. At an Aug.

29 hearing before the court state witnesses testified the stale badly needed Ihe proposed site for a parking kit or for a parking facility. Both state Building Director Irving Rates and Edgar Weed, an engineer with the Building Division, pointed out that the state is sonic 300 parking spaces short of the number required under Montpelier zoning ordinances. Rates was authorized this year by the legislature lo offer to trade prime state owned land on the access to Interstate 89 in BCRC ami funding Continued from Page 1 a small agency," Rartram added, noting that EDA's hudrjet his year for the 16 Atlantic states was only 532 million. He continued that EDA could fund up to 75 per cent ol a project In a development area or district, but again cautioned commissioners that the project had to be related to increasing employment. "We just couldn't go down the main street of Hcnnlrigturi with sewer and water," he said.

"Generally we cannot do a residential area but It can be tied in," he added. All of EDA's northern Now England funds for this year arc committed, Ear tram said, and any possible projects in the Bennington urea would have to wait until 1S70. The immediate problem facing the state and Bennington region is the formation of district. In addition to the HI per cent increase in federal funds for public works programs the format ion of a district woul attract federal funds for district staff who could work with the regional commissions in seeking out projects that might be eligible for EDA funding. Agency Planner for the state Agency of Development and Community Affairs Robert Y.

Justis elaborated on the subject at Wednesday's meeting. Currently only nut development district exists in Ver monl, Ihe New Hampshire Vermont Development Council, which Includes several northern New Hampshire counties and the Northeast Kingdom and Franklin County in Vermont. Justis said thai the stale, EDA, and even the district itself have concluded that the bi state organization is unworkable. EDA would like Vermont lo form three districts on its own hut has only held out possible funding for twn. Thus.

Justis continued, the slate Faces a dilemma as i( would like to have district organizational funds available for all of Vermont. An unfunded district, however, would still be eligible for the 10 per cent public works boons. Justis said that (he state planning office and Ihe governor will make the final derision on district boundaries, The only requirement for a district under the law as it has now been amended is thai it include one designated economic development area. There are two such areas in Vermont besides Bennington, the Springfield area and the Northeast Kingdom. The most likely district for southern Vermont would include Bennington, Rutland, Windsor and Windham counties.

Once Ihe district boundaries have been suggested, il will he up to the various regional commissions lo decide whether lo join it. In other business BCRC commissioners: Approved a grant request under Die A review procedure by the Bennington Rutland Opportunity Council (BOC) for federal Office of Economic Opportunity funds for the Senior Opportunities and Services for the Elderly Program. Of Uns money, ahout $19,500 will he designated for Rcnnington County to provide seoior citizens with emergency services, home repairs, help with government forms and information and referral services. ROC director Shirley McTeman explained that this program provides senior citizens sen ices unavailable elsewhere and commissioner Edwin Colvin poinled out (hat seniors loose thousanda of dollars to the slate yearly because they do not fill out rental and property tax, and sales tax rebate forms. Unanimously tabled a request by the Governor's Commission on Justice for belated authorization for funds spent over the past several years for slate level planning without necessary permission from the regional commissions.

The commissioners wanl more information before considering the request. Appointed Ferdinand "Nunrly" Bongarlz as BCRC representative to the Vermont Association of Planning and Development Agencies. Heard thai the BCRC annual dinner will be held at the Bennington Elks Club Dec. 6. Secretary of Environmental Conservation Martin L.

Johnson will be the Featured speaker. been brought up to date. The motion for casting aside GMP's rate design proposal was made by attorney Allen Martin of St. Jobosbury, who is representing the public in the ease. Martin made the motion alter Whitney could not show how the proposed rate design passed the benefits of lowost power purchased by GMP from the Power Authority of Ihe State of New York along to residential and rural consumers as required by law, In other testimony Thursday, GMP financial Vice President George Carlson said the company wants a 64.6 per cent rate hike that would bring In $13.2 million instead of the 75,9 per cent boost which the coinp any was seeking last week.

A 75.9 per eenl boost would bring in an additional 115.5 million annually. GMP President Peter McTagne said it was his own decision lo ask for a lower 64.6 per cent rale increase even thdughbls company, in his view, is "entitled" to a 75.9 per cent boost. Auto strikes tree A 19C8 Chevrolet driven by Brad M. O'Brien, 21, of Bennington, sustained moderate damage Thursday afternoon when it went out of control and struck a tree on the River Road, Bennington police report. Police said O'Brien was heading east at the time when a tire blew out, causing him to lose control, cross the highway, and strike the tree at 5:45 p.m.

He was not injured. In a two car collision on South Street at 6:45 p.m., a 1972 Volkswagen operated by Christopher E. Lauzon, 29, of Beroiington, sustained moderate damage when it ran into the rear of a 1567 Chevrolet driven by Lynn Busk, 23, of Rennington, according to police. Police said both were traveling north In front the federal building when the accident occurred. There was no discernible damage to the Buak vehicle.

The discussion, Loped at Goddard College, was sponsored by the Vermont Issues in Media Project, and features Celia Dunlap of the Vermont Alliance, Huck Qutman, an English professor at UVM, Getty Page, executive director of the Vermont Medical Society, Lydia Ralchff, a consumer specialist, and Thomas Davis, commissioner of the state Agency of Human Services. After the tape Is played, Dunfcip will be available in Ihe studio to answer phone in questions from the public. The discussion will be simultaneously cnblceost in five Vermont towns and cities. It is the second part of a two part series in Bennington. The first part, iieann Neeastn isennwgton, wasshown last week.

That program was produced by Community Video. Community Video has also announced that a third medical care program, featuring continued discussion and feedback Dn the others, has been taped and will be cablecast in the near future. The panel includes Drs, Paul Hamburger and William Christmas, Richard and Tina Hernandez, Heather Moz, Ruth Douglas, and is moderated by Karen DobWn Forlney. Videotaping was done by the Goddard College Video Collective at Goddard College, Future panels and broadcasts will cover the subjects of land use and zoning, electric rates arid regulation, transportation and state taxes. MAU musicians offer stage band concert on Oct.

23 The ML Anthony Music Department will present its first annual Fall Stage Band Concert on Wednesday, Oct. 23, at 7:30 p.m. in the Walker Morgan Memorial Auditorium The music, which will cover a 40 year period from Duke Ellington's "Mood Indigo," to "Better Days" by Graham Nash, will include "I'm Gelling Sentimental Over You," "September in the Rain," "Windmills of Your Mind," "JumpuV at the Woodside," "Pop. Goes the WeaseL" "Gobi' Out of My Head," "Some Like it Cool," "Frugal Fancy," "Wilh You in Mind," and "Kinda Nice." Band director Warren Robinson will be featured on the trombone In "I'm Getting Sentimental Over You." Tickets, at SO cents for students and $1 for adults, are available at the Southern Vermont Arts Association, downtown Bennington, or at the door. Watergate violations of state radioactive release standards.

Robbins said he Is preparing new state regulations governing Vermont Yankee. The new proposals, which the Health Board probably won't see unlil December, will be stricter than the regulations of the U.S. Atomic Energy Commission, Robbins said. Insured jobless rate here at 2.9 Insured unemployment in the Bennington area during September averaged 2.9 per cent, according to Frank H. Mudgett, area manager for the unemployment compensation division, Department of Rmployment Security.

This is below the statewide rate of 3 4 per cent and compares with 2.G5 per cent in August and 1.8 per cent in September 1973. Newly unemployed persons filed a total of 365 initial claims for stale unemployment compensation benefits an increase from August's total of JIB. Last year the month's total was 196. Workers from four industries accounted for Ci3 per cent of the initial claims as follows: electrical machinery 79, printing 70, fabricated metals 47 and construction 34. 'file local office serves Bennington County.

in Bennington, will run from 6 to 3 p.m All who attend are asked, but not required, to bring a covered dish. Present will be U.S. Senatorial candidate Patrick J. Leahy, Congressional nominee Francis Cain, and candidates Brian Burns for lieutenant governor, Stella Haekel for treasurer, and Frederick Randlet for auditor of accounts. County Chairwoman Emma Harwood said Gov.

Salmon may also attend If his schedule permits. All of the Democratic can did ales for the legislature and town and county offices are also expected to be present. Obituaries GEORGE E.MARTIN George E. Martin, 71. a native of Bennington, died unexpectedly Thursday at his home in Hopewell Junction, N.Y., Dutchess County, where he has be en a self employed mason contractor for 45 years.

Born Aug. 28, 1903, a son of Edward and Susan (Quackenhush) Martin, he received his education in the schools of Bennington, and in 1928 was married here to the former Ruth Swan. She died in 1967. The Martins moved to Hopewell Junction In 1929 and lived there ever since. He leaves four sons, Willard and Robert, both of Hillside Lake, N.Y., Webster, of Hopewell Junction; and Lora.n of Wap plnger Falls, N.Y.; a daughter, Shirley McCaffrey, also of Wappintfer Falls; 15 grandchildren; his mother, of Bennington; three brothers, Richard, Arnold and Benjamin; and four sisters, Ruth Brow, Gladys Gapes, Mildred Watson and Nun ey llilliard, all of Bennington.

Funeral services will be conducted at 1 p.m. Saturday at the Aughmoody Funeral Home, Route ffi, Hopewell Junction. Burial will follow in Hopewell Cemetery. Calling hours at the funeral home are today from 2 lo4 and 7 to 9 Mrs. ROBERT J.

MAKER The funeral of Mrs. Philomena Garofano Maher, 57, of 202 Columbian Avenue, Rutland, a native of Bennington, and widow of Robert J. Malier, who died Thursday at home after a short illness, will be held at 2 p.m. Sun day at St. Peter's Church in Rutland.

Burial wlD follow In Calvary Cemetery, Rutland. She was born Aug. 10, 1 917, a Slighter of Pasquale and Mariorte Shambesu! Garofano, She was past commander of Rutland unit 7 of the Disabled American Veterans Auxiliary, was a communicant of St. Peter's Church and belonged to the Sodality of the Holy Rosary of th at church She was also active in the March of Dunes and the Multiple Sclerosis Drive In Rutland. She leaves three sister, Mrs.

Louis Trepanier, Mrs. Donald Kelly and Mrs. I)uis DeBlasio, all of Rutland. Calling hours at the funeral home are lonightfrom7to9andSatuTdayfrom 2 tc4 and 7 to 9. A free covered dish supper and a chance to meet some of the candidates for statewide office will be offered by Bennington County Democrats Oct.

29, The supper, lo be held at the Second Congregational Church on Hillside Street Bennington Briefs The Bennington County Democratic Committee will meet Monday, Oct, 21 at p.m. at the Democratic party headquarters on North Street. Today is the last day for all Elks to turn in their tickets for the drawing tomorrow in St. Alhans, for trie benefit of the Silver Towers Camp The Bennington Recreation Department will be offering a coed volleyball program on WedrLesdavevenir.es this fall from 7 to 9 at the MAUHS gym until Anthony basketball practices begin. At that time the volleyball program will be moved to another Kyrn.

For infonnationcallthe center, 442 5446. Lorraine and Bill Sweet will serve snacks tonight at Ihe Bennington Club. Snacks will also be served Saturday night at the informal dance the club is hosting from 9 to midnight, with music by Common Courtesy. A small minimum will be' charged. Members and qualified guests welcome.

Gail's Beauty Boutique Tuesdays and Wednesdays 20 per cent discount Dn alt beauty services. Walk ins. Open Thursday and Friday even ings. 441 6372 or 442 W79. ADV.

Mid Town Bowl will have no children's league bowling this Saturday only. Lanes will be op en at lp.m. ADV. Don't jump to conclusions the real estate of Aspen Acres Inc. Is for sale, not the business.

We will bo relocating the husinessahitoffthemainhighway. ADV, Napolitano's Original Pizzas. Keep us in mind for the tastiest pizza In town, Fresh subs. 165 442 3549. ADV.

Hospital Notes THURSDAY, OCT. 17,1974 Admissions From Bennington: Eva Glode, Deborah Harrington, Jessica Cohen and Sharon Becker; Shirley Cherbonnesu of North Bennington; John Hayes, Marjorte McGinnis and Iois Patter, all of Hooaklt Falls, N.Y.; and Catherine Eierwlrlh of Petersburg, N.Y. Birth Daughter to Mr. and Mrs, Bruce McCart of Eagle Bridge, N.Y. Discharges Lewis Butler, Wendy Saunders and Dorothy Park, all of Bennington; and Rita Tatro of Manchester Center.

A videotaped panel discussion of "Health Care in Vermont" will be shown on Channel a cablcvislon Monday night at "Yes, he Dean said. Dean's testimony was identical to that he gave nt the Senate Watergate hearings June 25, 1373. The Jury and audience at Thursday's session listened as Nixon's tape recorded voice talked to Dean on the day of the original Watergate indictments. He said "Jerry has got to lead" meaning that Uien House Republican Leader Gerald R. Ford should try to head off a House investigation.

As the tape of Mnon's Sept. 15, 1972, conversation with Dean and White House chief of staff H.H. Haldeman was played, every person in the silent courtroom the jury, presiding Judae John J.Sirica, the five defendants, their lawyers, reporters and the 100 persons in the audience, listened wilh large earphones. The jury and reporters hod transcripts lo follow the conversation more easily. Missing girl found safe MT.

WASHINGTON, N.H. (UPI) Fish and Game wardens found a missing Vermont school girl loday safe on Ml. Washington in the area where she became separated from 11 other students Thursday. James Jones, training officer of Ihe Law Enforcement Division of fish and game, said Terry Coville was found about ll a.m. "Some of ihe boys are walking her out right now," he said.

"She's in good shape," he said. The girl had food and a sleeping bag with her. She had fallen behind her group and became separated from them while In the lower great gulf area on the north side ot Mt. Washington, New England's highest mountain. The girl is a student at Burke Mountain Academy in Burke, Vt.

Lottery Winners United Press International This week's winning lottery numbers: NY 5H070 Rl blue 26 green 759061 gold 138566 Conn 81J94 bonus S479 85M8 Maine 94S 253 doubling 8 Mass weekly green 974 yellow 211 bine Mass Friday blue 49 red green S3 Continued from Page 1 a matter I felt I had to take up with the President himself." Chief trial prosecutor James F. Ncnl asV.cd Dean if Colson told him he actually took it up with the Video group seeks a room for equipment Community Video, the locally based croup that produces programming for the public access channel on cable TV, is in need of a small room to' keep its equipment. Tliesroiip needs a room at least 15 by 15 fee I in size to keep the bead end of its cable, from which cablecasfs originate. The location should be within one block of the following area: County Street, starling at MAUHS, lo Depot Street, down Depot to Main, up Washington lo Elm. Anyone willing to donate the use of such room should contact the Southwestern Vermont Community Arts Association.

Community Video also announced that the Rennington Free Library is obtaining a video cassette recorder player that will be nvailnble to the public. Tapes made by Community Video will be kept on file at the library for public viewing. Four cars crash, two are injured Two people were injured, but not seri ously, in a four car collision on Route 7 in Pownal Thursday at 7:30 p.m, According to slate police, a southbound 1S65 Chevrolet operated by Edward Harris, fi5, of North Pownal, was passing another southbound 1969, Ford station wagon driven by Jose Becerrll, no age available, of Germantown, N.Y., when the Harrison struck the Becerril car and continued south in the northbound lane, hilling a 1972 Chevrolet operated by Peter F. Oparowski, 49, of Lanesboro, headon, and sideswiping another northbound 1969 Ford sedan operated by Robert Eberth, 22, of Pownal. Harris and a passenger, 28 ycar old Patricia Piekos of Cheshire, were treated and released at Putnam Memorial Hospital.

The Harris and Oparowski cars were totalled, and the others were damaged..