The Iola Register from Iola, Kansas • 2

THE IOLA REGISTER. TUESDAY. DECEMBER 20. 1994 PAGE 2 News in brief Court affirms a board ruling TOPEKA, Kan. (AP) Afed-eral appeals court has upheld a decision that the Kansas Legislature must find a new way for members of the Kansas State I Board of Agriculture to be selected.

The 10th U.S. Circuit Court of Appeals in Denver on Monday upheld 3-0 a lower court judge, who ruled two years ago that the current selection process is unconstitutional. The 12-member board had been selected by delegates from Kansas agricultural organizations. the board chooses the secretary of agriculture. In his ruling nearly two years ago, U.S.

District Judge John Lungstrum left it to the Legislature to change the selection process. Lack of funds keeps city decorations down The district court and the appeals court ruled that allowing agriculture interests to elect the board deprives other citizens of a right to help choose the board. The courts said the board has broad legal authority that affects all citizens, not just agricultural interests. The board, for example, regulates pesticides, food products, and weights and scales. Because of that broad authority, the principle of one person, one regulates must be complied with, the judges said.

Mike Matson, spokesman for Bill Graves, said Graves was eager to examine the courts ruling. Lungstrum declared in January 1993 that the method for Lawmaker committee TOPEKA, Kan. (AP) The next House speaker says he does not see a veteran lawmakers refusal to take a committee assignment as a challenge to his authority Rep. JoAnn Speaker- Pottorf designate Tim Shallenburger, R-Baxter Springs, was forced Monday to appoint a new chairman of the Federal and State Affairs Committee. His choice, Rep.

JoAnn Pottorff, R-Wichita, declined to serve as chairwoman or on the committee. Pottorff is an ally of moderate Speaker Bob Miller, R-Wellington, whom Shallenburger ousted in a Dec. 5 leadership election. Previously, she was vice chairwoman of the Appropriations Committee, which handles budget issues. But both she and Shallenburger pi ay ed do wn th importance of her support for Miller.

They announced her decision in a joint news release. If she doesnt want to be a chairwoman, we dont want her to be one, Shallenburger said. Pottorff said she wants to work on budget and tax issues. The Federal and State Affairs Committee is considered one of the four most important in the House, but it does not handle budget or tax issues. My legislative priorities are the budget, taxes, education The appeals court suggested Lungstrum establish a deadline by which the Legislature must act, to prod the Legislature to address (his) orders and to provide the district court an outer limit for its supervision of the board.

Lungstrum may retain jurisdiction until lawmakers enact an acceptable selection process, the court said. Attorney General Bob Stephan, who had appealed Lungs-trums decision, said he would recommend that lawmakers and agriculture board members accept the courts ruling. My recommendation to the Legislature will be to call it a day, Stephan said. I think the state and the Legislature will have to re-examine its policies. to replace the banners, said Lyle Butler of the chamber.

The chamber used to sponsor fund raisers to pay for the banners, but the money has dried up, Shrader said. Butler said he hoped people interested in seeing the decorations go back up would let businesses, the chamber and the city know how they feel and propose a funding plan. If the community really wants to see decorations returned in public places for next year, thats what they need to do, Butler said. It all boils down to economics and whos going to pay for it. kills teen U.S.

169, Harris said. The trucks swerved back and forth, cutting each other off along the highway, said Capt. Larry Jones of the sheriffs office. At one point, MacNevin hung out of an open passenger window waving a stick when the other truck swerved in front of them. MacNevins friend slammed on the brakes and MacNevin was thrown out of the window, Jones said.

One of the trucks than ran over MacNevin, an independent witness told authorities. The two groups of teen-agers did not know each other before the incident, which was not believed to be alcohol or drug related, Harris said. The sheriffs department is investigating the case. MacNevin was a senior at Gardner-Edgerton High School. in the Statehouse rotunda over the lunch hour.

Listeners donated money to the choir they thought was best. The mens choir was led by Attorney General Bob Stephan. The womens choir was led by Attorney General-elect Carla Stovall. Judges declared the contest a draw. markets DODGE CITY, Kan.

(AP) A tradition of hanging red and green Santa Claus banners over Wyatt Earp street has ended after eieht years because the city has no money to replace the tattered flags. The old ones are too tattered and worn to use again, said Pat Shrader, director of finance and membership at the Dodge City Chamber of Commerce. They were displayed throughout the Christmas season until this year. And before that, we used to have small lighted trees displayed. It would cost about $7,000 Fall from truck OLATHE, Kan.

(AP) An evening that begin with verbal taunting between two groups of teen-agers ended with the death of a Gardner youth. Jonathan MacNevin, 17, died of massive head injuries early Sunday after he fell from the window of a moving pickup truck on U.S. 169 in Johnson County, said Detective Jack Harris of the sheriffs department. The accident was the result of a dispute that started in a restaurant parking lot in Olathe. MacNevin and another boy, 17, ran into a group of youths from Paola who had come to Olathe for a night out.

The groups exchanged words and followed each other onto Santa Fe Drive. The Paola group of five young men decided to head home, and the truck MacNevin was riding in followed the first group to choosing Board of Agriculture members was unconstitutional. He later placed the Department of Agriculture under Gov. Joan Finney, and she appointed Phil Fishburn secretary of agriculture. Under the old system, in operation since the 1870s, delegates from farm groups such as the Kansas Farm Bureau had an annual convention to pick board members.

The board then selected the secretary, whose appointment was subject to Senate confirmation. Supporters of the system said it ensured that someone with a practical working knowledge of agriculture on the states programs. Critics said it effectively prevented groups from having a voice in agriculture policy. declines assignment and economic development, Pottorff said. I want to focus my energies toward those issues.

Shallenburger named Rep. Garry Boston, R-Newton, as the new Federal and State Affairs Committee chairman. Boston served on the committee during the 1993 and 1994 legislative sessions. Boston would be the sixth of 14 standing committee chairmen who has served in the Legislature four years or fewer. 'A 58-year-old insurance agent, he was first elected to the House in 1990.

Pottorff, a 58-year-old real estate agent, was first elected to the House in 1984. In the past, the Federal and State Affairs Committee has handled the most emotional and most visible issues in the Statehouse: gambling, liquor, abortion and gun control. The chairmanship is considered a plum. Theyre just not my issues, Pottorff said. She also said her opposition to allowing casino gambling Kansas also played a role in decision.

I dont think its fair for someone who is so opposed to an issue to be chairman of a committee, she said. Shallenburger had appointed Boston to be vice chairman of the Financial Institutions and Insurance Committee. He named Rep. Les Donovan, R-Wichita, to fill that position. Court.

Under the law, each inmate in prison would pay $1 a month for the administration of their trust accounts, in which the department deposits wages from work. Also, inmates would pay $2 each time they seek medical care. Those on parole or probation could pay a fee of up to $25 a month to help pay for their supervision. Woolworth 141218 NEW YORK (AP) The spot month contract for light sweet crude was $17.04 per barrel at 12 p.m. Tuesday on the New York Mercantile Exchange.

ST. JOSEPH, Mo. (AP) Quotations for Tuesday: Hog receipts: 1,500. Compared to Monday, barrows and gilts steady to 50 lower, most decline over 250 lb. 1-3 230-250 lb mostly 33.50-34.00; 250-270 lb 33.00-33.50; 2-3 270-290 lb 31.50-32.50; 2-4 290-310 lb 29.50-30.50; 1-2 220-230 lb 32.50-33.00.

Sows steady to 50 lower; 1-2 300-500 lb 21 1-3 500-550 lb 22.00; 550-700 lb 23.00-24.00. Federal police grants flow to Kansas WASHINGTON (AP) Federal grants totalling $2.64 million will mean the hiring of 36 more officers in Kansas under a community policing initiative announced by President Clinton. Thirteen of the officers will go to Wichita, which will get the largest grant at Kansas City, will be able to hire and train nine community policing officers with a $675,000 grant. Topeka will get a $450,000 grant for six officers. Other Kansas grants awarded Monday were: Overland Park $300,000, four officers; Riley County, $117,900, two officers; Lawrence, $150,000, two officers.

Cities must come up with 25 percent in matching money for the grants, which are for jurisdictions with populations of 50,000 or more. The money is part of the crime bill passed earlier this year by Congress. Death determined to be homicide TOPEKA, Kan. (AP) A man who was thought to have fallen down a flight of stairs was actually killed, police said. Edward J.

Ross II, 34, was found injured last week in an apartment building. An autopsy revealed internal injuries that likely came from an assault, leading the Shawnee County coroners office to rule the death a homicide. Ross, originally from Worcester, was found by another apartment resident on Dec. 13 on a stairway landing in a building. Ross died at St.

Francis Hospital and Medical Center on Friday. Police preserved the crime scene and gathered information, which is standard when a person is found injured and alone. But investigators had hoped Ross would wake up and tell us what happened, said Detective Sgt. Randy Mills. Police had made no arrests in the slaying, the 28th of the year in Topeka.

Suspected serial killer still held PLATTE CITY, Mo. (AP) Aman suspected in the deaths of six women and a girl whose bodies were found in the Missouri River had his bond reduced by $75,000 and was bound over for trial on a bad check charge. Gregory Breedens bond was reduced to $25,000 cash on Monday, provided he be electronically monitored upon release. He has been held since Nov. 2 on $100,000 bond on a charge that he wrote a $1,500 bad check to cover an excavation job on his property.

Breeden still was being held in the Platte County Jail today. He has not been charged in the killings of the women, most of whom were known prostitutes and four of whom had their legs surgically removed at the hips. One of the victims was a 13-year-old girl, who was not a prostitute. The bodies began surfacing in 1984; the latest victim was found Sept. 13.

Elizabeth Dole to undergo surgery WASHINGTON (AP) Elizabeth Dole, president of the American Red Cross and wife of incoming Senate Majority Leader Bob Dole, is to undergo surgery in a Boston hospital today to clear a blockage in an artery in her neck. The blockage, discovered ddring a recent annual physical exam, is in her right carotid artery, according to a statement issued by Massachusetts General Hospital and the American Red Cross. The problem is isolated in the one spot on the one artery, and we expect no complications, said Dr. Robert G. Oje-mann, Mrs.

Doles surgeon. Mrs. Dole is in superb physical condition. She has no symptoms; we found no other blockage in her system, and no other risk factors, so we expect the procedure to be routine, and she should have an expeditious recovery. She was expected to be released in five days, the statement said.

Mild earthquake occurs in California PARKFIELD, Calif. (AP) A moderate earthquake struck this morning near this Central California town where scientists have been studying how to predict quakes. The quake has a preliminary magnitude of 5.0 and hit at 2:28 a.m., said Pat Jorgenson, a spokeswoman for the U.S. Geological Survey in Menlo Park. There were no reports of serious damage or injuries.

The quakes epicenter was about five miles west of Park-field or 20 miles northeast of Paso Robles. The fault the quake occurred on was not immediately known. Parkfield, about 170 miles southeast of San Francisco, is in a sparsely populated area along the San Andreas fault where scientists have been studying how to predict earthquakes. Though the quake struck about three miles outside the defined area which scientists are watching, they were still monitoring the area, Jorgenson said. More to join Mideast peace talks WASHINGTON (AP) Israeli and Syrian military experts are joining the semi-secret negotiations the Clinton administration is holding here a sign that peace talks are getting serious.

It reflects what we feel is the serious desire of the two sides to come to an agreement, a senior U.S. official said Monday. And yet, we are not at the point of a breakthrough. Administration officials hope the ambassadors talks will lead to a resumption of formal negotiations. For the time being, however, they are a vehicle to try out ideas, said the official, who spoke on condition of anonymity.

The negotiations are being conducted quietly by Ambassadors Itamar Rabinovich of Israel and Walid al-Moualem of Syria. The Syrian diplomat returned here Monday after two weeks leave and the talks are expected to resume soon. Secretary of State Warren Christopher arranged for the participation of Israeli and Syrian military experts during a trip to Jerusalem and Damascus two weeks ago. Indian rebels take over Mexico towns SAN CRISTOBAL DE LAS CASAS, Mexico (AP) Indian rebels sneaked through an army cordon and without firing a single shot establi shed loose control over dozens of southern Chiapas state towns sympathetic to their cause. At least 11 of these communities on Monday switched loyalty to a rebel-supported parallel government set ud by Amado Avendano Figueroa, a lawyer and newspaper publisher whome he rebels say was defrauded of victory in the: campaign for state governor.

In a surprise move, hundreds of rebels of Maya Indian descent have infiltrated a cordon of tens of thousands of army troops that had been encircling so-called rebel territory since a Jan. 12 cease-fire. Armed rebels were reported to have arrived in some 38 towns in Chiapas, Mexicos poorest state. Inmates resist fee system plan AG choirs help homeless TOPEKA (AP) Fifteen inmates have filed a lawsuit in hopes of preventing the state from charging fees to prisoners and former prisoners on parole. The fee collection is allowed under a state law set to go into effect on Jan.

15. The inmates claim the law is discriminatory, unconstitutional and defectively worded. The case was filed last week in Shawnee County District TOPEKA, Kan. (AP) Dueling choirs led by the present and future attorneys general have raised $706 for Lets Help, a Topeka group that provides assistance to the homeless. The choirs, one made up of male state employees and the other female state employees, sang Christmas carols Monday Todays New York (AP)-noon stocks.