'Court ruling on
Rizzo expected
PHILADELPHIA (AP)
The Pennsylvania Supreme
Court is expected to rule
shortly on whether
Philadelphia Mayor Frank L.
Rizzo must face a recall
flection which could end his
'political career after five
years as City Hall boss.
The high court heard
arguments yesterday on an
appeal by the Democratic
mayor to overturn a city
court decision directing the
jgecall question he included on
the Nov. 2 ballot.
Howard Gittis, a Rizzo
attorney, told the seven
justices that the recall
procedures set up under the
City Charter were in violation
the Pennsylvania Con
stitution.
"Under the charter, you
can willy nilly remove
someone from elected office
for no just reason," argued
Gittis. “The Constitution
clearly states that you cannot
u;call a duly elected official
without due cause like a
criminal conviction.”
Rizzo has not run afoul of
the law, but instead has been
charged by voters with
misleading them about the
city’s financial condition
to is reelection last fall.
He'also has been accused of
padding the city payroll with
patronage drones.
Much of the two-hour
hearing yesterday concerned
Nominee takes
realistic position
HARRISBURG (AP)
Mark Widoff, nominee for the
post of Pennsylvania con
sumer advocate, is realistic
about. representing the tax
payer.
J"' d be a serious mistake if
tne average consumer is
waiting for a miracle," said
Widoff. Gov. Shapp’s choice
to be the consumer’s
spokesman before the Public
Utility Commission. He must
4 be confirmed by the state
'.Senate.
* The 34-year-old attorney,
currently executive assistant
to Education Secretary John
Pittenger. concedes he’s not a
flamboyant crusader in the
mold of Herbert Eenenberg,
the self-ordained protector of
cflisumer rights.
"I think my style is low
keyed, but the people who'
know me would say I have
strong convictions,” Widoff
said in a recent interview. “I
would approach the job with
fin open mind. I’m not willing
o take the position that in
every single circumstance,
the utility is the bad guy."
But Widoff said he isn’t sure
that the public has gotten a
fc.egionnaire disease
could be catch-all
.HARRISBURG (AP) caused by bacteria ones in
health officials are trying to which they normally would
determine if a killer epidemic have said, ‘Hmm, it must be
that swept an American viral’ —to conduct tests and
Legion convention in send them to our state
Philadelphia this summer laboratory,
was caused by a disease that “Then we’ll try to grow that
for years has been diagnosed virus. If we can’t we could be
incorrectly. as , viral dealing with something that is
pneumonia. occurring all the time and
The Pennsylvania Health normally occurs."
Department, still stumped by Like legionnaires' disease?
the mystery ailment that “It has the same charac
killcd 29 persons, is intrigued icrlstlcs and we weren't able
by the fact viral pneumonia io grow that one either. The
often is used as a catch-all study will be done. We don’t
< lSrble in medicine when know where it's going to lead
nothing else fits. And so far us.
few pieces have fit together In “The clinical symptoms of
. the legionnaires' disease legionnaires’ disease and
puzzle. pneumonia are the same. If
"The theory that for years any one of those legionnaire
we have classified all un- cases had been looked at
diagnosed pneumonia as viral .separately by any physician
without really diagnosing it >they would have probably
further is going to be looked { been diagnosed as pneumonia
at." says Morton Rosen, the 1 ofsomesort."
health department's deputy : Some 3,000 state American
secretary for administration, ! Legion members attended the
"Let’s say we take 15 \ convention, headquarterd at
hospitals across Penn-/ the - Bellevue-Stratford Hotel
ff/lvnnia. We tell them ini July 21-24. In addition to those
every pneumonia case that' who died from the mysterious
they can't identify as being, disease.
A du/t mo vie houses
targets of rezoning
PITTSBURGH (APl—The big commercial areas.
city’s. Planning Commission T he .administration of
has approved 7 ' 0I ? n /J i Mavor Pete Flaherty is
amendments that will make it \ confident the zoning change
\dftunlly impossible to open < wl „ stand up ln court since
rftw pornographic theaters in B|milar legislation in Detroit
Pittsburgh. has withstood a court test.
The plan requires that any r . .
new X-rated movie house be ,If council approves the
approved by the commission, zoning amendments, adult
City Council and the mayor, theaters will be required to be
The changes also impose located at least 500 feet from
♦strict requirements that 9 residential or institutional
would limit such operations to district.
the legitimacy of recall
petitions circulated in the city
this summer. Rizzo backers
claim many of the signatures -
obtained were bogus, and that
thus any effort to recall the
mayor is illegal.
Rizzo, 55, a law and order
hardliner who jumped party
lines in 1972 to support
Richard Nixon, contends the
recall leaders are "ultra
liberals” who are desperate
for control of the city after
twice failing to beat him in
mayoralty elections.
Should the Supreme Court
uphold the Common Court
decision that a recall election
is in order, voters would face
a "yes-no" question on the
ballot. If a majority votes
"yes” Rizzo would be ousted
and City Council President .
George Schwartz would take
his place until a special
election is held, mostly likely
in the fall of 1977 when some
other municipal posts will be
contested.
Rizzo, former city police
commissioner, won his first
election largely on the
promise he wouldn't raise
taxes.
The second time around his
campaign emphasized the
fact he had kept his promise.
Then in January, two months
after he was reelected, he
acknowledged a $lOO million
city deficit. .
fair shake before the PUC,
which regulates utilities such
as gas, electric and tran
sportation companies.
“I am absolutely sure that
there were facts, relevant
facts, that were not brought
out in many of these rate
cases because it was nobody’s
job to bring them out,” he
said.
“You must understand that
the PUC, although it has an
investigative unit, their role
is not that of advocate ... it
was set up to act in a judicial
sort of way and it’s im
possible to act in tfie role of
judge and advocate at .the
same time.
When asked what kind of
staff he would have if con
firmed, Widoff grinned.
“That’s a good question,
because the General
Assembly only appropriated
$250,000 for our first year. It’s
my understanding that a
large utility spends that much
for one rate case.
“Obviously, we need at
torneys, researchers, in
vestigators, accountants and
clerks, and those things cost."
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