Ukiah Daily Journal from Ukiah, California on September 22, 1987 · Page 2
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Ukiah Daily Journal from Ukiah, California · Page 2

Ukiah, California
Issue Date:
Tuesday, September 22, 1987
Page 2
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2 -TUESDAY, SEPTEMBER 22, 1987 -THE UKIAH DAILY JOURNAL Message to our readers Beginning today obituaries, weather and market reports will begin appearing on the back page of the first section of the Daily Journal and not on this page as has been the case for the past several years. Aho moved to the back page will be most stories continued from the front page. Studies have shown prefer turning the r _ r _. rather than opening it up when following a story that is "jumped" from one page to another. readers paper over We hope this will add to your reading enjoyment. Arias: Give peace a chance Pot monitor's power affirmed SAN FRANCISCO (AP) — Rejecting arguments that a retired judge's monitoring of marijuana raids in California at state expense intrude into the state's executive authority, a federal appeals court ruled the monitor is needed to protect privacy rights. The 9th U.S. Circuit Court of Appeals on Monday upheld U.S. District Judge Robert Aguilar's March 1986 appointment of a monitor to oversee the Campaign Against Marijuana Planting, the 5-year-old program of aerial and ground raids by federal, state and local officers aimed at marijuana plantations in Northern and Central California. The court said the monitor "has no* been given the power to control or administe CAMP's efforts, only to observe them." The three-judge appellate panel ruled unanimously that the appointment was proper under laws allowing a judge to name a fact-finder in an "exceptional condition." "The prospect of noncompliance (with the judge's standards for the program) is an exceptional condition," said the opinion by Judge Harry Pregerson. He also said Aguilar "had no other way to ensure that (his) order was not being frustrated." However, the powers, of the monitor, former Napa County Superior Court Judge Thomas Kongsgaard, would be substantially reduced under a tentative settlement of the case worked out between the government and a marijuana-rights group. Under the settlement, announced Sept. 14, Kongsgaard could continue to hold immediate hearings on residents' complaints of violations of their rights, and issue rulings reviewable by Aguilar, but could no longer make unannounced visits to the sites of raids or officers' training sessions. The settlement also follows previous court orders by Aguilar that require officers to get warrants before entering most private property and restrict low-flying helicopters. Aguilar has tentatively approved the agreement and has scheduled a final decision Dec. 4. Kongsgaard's present in the field for the last two years of raids has had "a tremendous salutory effect," said F. Elaine Leitncr, a lawyer for the National Organization to Reform Marijuana Laws, or NORML. She said there have been few complaints from residents this year, and training of the officers to stay within court guidelines has improved. "Now that the program appears to be operating fairly smoothly within the bounds of permissible, law, which is what the intent of the lawsuit was, I would not envision the program going back to its old ways of disregarding the rights of citizens in the name of law enforcement," Leitner said. Aguilar ruled two years ago that NORML had failed to prove deliberate violations of his standards for the surveillance and raids, but that unintentional violations had occurred and were likely to be repeated because some officers were not adequately trained or supervised. To oversee his order, he named Kongsgaard, who had been appointed to the bench by Gov. Goodwin Knight in 1959 and retired in 1985. The monitor would act as a neutral observer of conditions in the field and the program's practices, and report violations as well as the need for any changes in guidelines, Aguilar said. His salary of $100 an hour for normal work, and $150 an hour while observing searches and raids, was to be paid by the government. The government appealed, contending Aguilar had exceeded his powers in appointing a monitor and that law enforcement was being hindered. Justice White says Bork 'OK with me' WASHINGTON (AP) — Justice Byron R. White has said it "would be OK" if Robert H. Bork joined him on the Supreme Court, a court spokeswoman said today. The spokeswoman, Toni House, said White, at a birthday party for the newspaper USA Today last Friday, was asked by television talk- show host John McLaughlin for his opinion of the Bork appointment. "It would be OK with me," Ms. House quoted White as saying. She said White gave McLaughlin permission to report the conversation. McLaughlin mentioned it on a television show Sunday. Ms. House described White's comment as informal. "I wouldn't regard it as a public endorsement," she said at the Supreme Court shortly before the Senate Judiciary Committee began its seventh day of hearings on Bork's nomination. White was appointed to the court by President Kennedy and generally is regarded as a moderate on civil rights and conservative on law enforcement issues. Sen. Alan Simpson, R-Wyo., referred to the McLaughlin account of the White statement at the Senate Judiciary Committee hearings Monday. Simpson said it demonstrated how broad support is for Bork. Justice John Paul Stevens announced earlier that he supports Bork's nomination. No other member of the court has taken a position, although former Chief Justice Warren E. Burger also has endorsed Bork. In another development, the Sierra Club today became the latest group to oppose Bork's nomination, denouncing his judicial views as a threat to the environment. "If Judge Bork is given a seat on the Supreme Court, the courthouse doors will be harder to open and the losers will be our forests, our rivers, our wildlife and our public health," said the club's director, Durwood Zaelke. Zaelke said Bork, a federal appeals court judge for the past five years, has voted consistently to deny legal standing to individuals and groups filing suits to protect the public health and environment. On Monday, conservative Republicans on the Judiciary Committee assailed members of the American Bar Association panel who voted to declare Bork unqualified for the court. Sen. Orrin Hatch said at a Monday night session of Bork's confirmation hearing that the four members of the 15-member panel voting "not qualified" were playing politics, and that some of them were allied with liberal groups opposing the nomination. Ten members of the panel gave Bork the highest rating of well qualified, and one took the neutral course of "not opposed." Hatch, R-Utah, and Sen. Alan K. Simpson, R-Wyo., leveled their criticism after 12 grueling hours of testimony by opponents and supporters of Bork. Nineteen additional witnesses from both sides were to testify today. In Monday's session, four former attorneys general praised Bork as a man who would be fair to women and minorities, but true to the intentions of the Constitution's framers. NORTH BAY CARDIOVASCULAR MEDICAL GROUP, INC, WILLIAM H. SAMMOND, M.P, Is pleased to announce the opening of his office for the practice of CARDIOVASCULAR DISEASES 1 1*5 Sooth Dora Str««t, Ukiah, CA 449-3032 *• WASHINGTON (AP) — Costa Rican President Oscar Arias, the primary author of a five- nation Central American peace initiative, pleaded with Congress today to "give peace a chance" by supporting diplomacy, rather than military action,,in the region. "It is time to focus on the positive," Arias said on Capitol Hill, where the debate over U.S. aid to Nicaragua's Contra rebels has taken on renewed intensity. "War signifies the failure of politics," he said. "Let us restore faith in dialogue and give peace a chance." Arias was greeted by a standing ovation and shouts of "Bravi,!" as he strode into the packed House chamber, escorted by House and Senate leaders. The British-educated president delivered his speech in English. The Costa Rican leader noted that the peace accord signed by presidents of five Central American countries on Aug. 7 already has led to a Nicaraguan promise to reopen the opposition newspaper La Prensa, free of censorship, and has begun efforts to arrange a cease-fire by a Nov. 7 deadline. But he appeared to ask Congress not to hold the leaders strictly to that deadline. "Some steps may be taken before those deadlines expire. Others may require a longer period. We will not fall into a trap set by someone who shows us a calendar every day, anxious to-, bury the last hope," Arias said. *; Arias was scheduled to meet with President; Reagan at the White House before traveling t# Capitol Hill to address Congress. As the Costa Rican leader began a weeklomt U.S. visit in support of the peace initiative, 122f House Democrats accused President Reagan o'f attempting to kill the so-called Guatemala City agreement. The administration "has done nothing but criticize the agreement and call for more aid to the 1 / Contras and a continuation of their ineffective 1 war against the Nicaraguan government," the 1 group wrote in a letter to Reagan. '• Montgomery Ward Clearance Outlet OVERSTOCKS! ClOStOUTS! BtTUBHS! (NOSE FROM MMNEDS OF SOFAS, SECTIONALS, HOMERS, DININ$TABLES, LOVE SEATS, MATTUSS SETS, HEADBOARDS AM «AI$, FURNITURE LIQUIDATION! HERE ARE JUST A FEW EXAMPLES OF THE GREAT VALUES! Was 2699.97 built-in recliner 3-piece pit-group. 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