by Ralph Nader WASHINGTON--There was a saying on Capitol Hill years ago that “Congress legislates while the Executive Branch vegetes.”” Now in forthcoming a group of congressmen are going to document that “Congress legislates while the Executive Branch violates.” On June 26, the Black Caucus in the House of Representatives “government lawlessness’’ in a wide range of expensive programs that were supposed to help many Americans but either did not or fell far short of their objective. Ad hoc hearings are on the increase in Congress because sensitive legislators are umable to obtain formal hearin® from the regular committees which should be looking into these abuses. In this case, the Senate and House Judiciary Committees have long been uninterested in calling the Executive depart- ments and agencies to task for systematic refusals or neglect to carry out Congressional programs. ‘More than the constitutional stature of Congress is at stake in laying bureaucratic lawlessness reduced or stopped. Much of the hope of the numerous economic and social policies designed to help millions of citizens over the past generation has turned into despair and alienation precisely because government officials have undermined or distorted them into inaction, waste or windfalls for the wealthy. The list is familiar--medicare, ur- ban renewal and housing, pesticide regulation, food stamp programs, occupational safety, education grants, job training and job development programs, pollution control, consumer protection, and many subsidy and contract activities that routinely waste millions and corrupt their givers and receivers. Obviously, such official lawlessness is en- couraged, if not actually initiated, by special interest groups, political machines and negligent Congressional monitoring. In announcing the Caucus’ hearings, Congressman Ronald Dellums (D. Calif.) emphasized that governmental anarchy has roots deeper than the Nixon Administration and has become a bureaucratic way of life. Mayor Richard Hatcher, for- mer Attorney General Ramsey Clark and others will submit testimony, along with aggrieved citizens and public interest lawyers. There is a wealth of scattered but highly reliable evidence, produced by Congress’ financial watchdog arm, the General Accounting Office, and citizen and media investigations that detail how flagrant the situation has become. But little or no action follows. i For example, in 1967 Congress voted that by July, 1969, poor children should have bills : 311. Nays 4. Passed, June 5. Passed, June 5. 317. Nays 0. Passed, June 5. TO THE POST: As an auditor of Harveys Lake Borough I want to clarify the amusement tax figure used in the Donald Hanson article in last Sunday’s Independent and Monday’s Wilkes-Barre Record. Mr. Hanson says he pays roughly $8000 amusement tax a year. received—the following total amusement tax since we became a Borough as follows: 1968 - $4668.59; 1969 - $3902.56; 1970 - $3275.99; 1971 - $2964.38. Of this amount Mr. Hanson paid in 1968 - $1911.30; 1969 - $1353.41; 1970 - $1073.08; 1971 - $240. The = three concessionaires of the Park paid in 4 years $835.19. The above figures represent the Borough’s receipts: a like amount was paid to the School District. The potential temporary small loss certainly does not warrant any thought of a tax increase. Should the closing of the Park be permanent we would hope this would become a Shopping Center which would really put Harveys Lake on the Map. Raymond Laux preventive medical care through early screening under Medicaid. Binding regulations were not issued by the Department of Health, Education and Welfare until November, 1971. There is still no actual compliance. For almost 20 years, the GAO reported in 1968, the Pesticide Regulation Division of the Department of Agriculture had refused to forward serious violations to the Justice Department for legal action. Government food supplies have rotted while hungry children have been deprived of needed nourishment. The subsidized housing programs have been riddled with government- business complicity that ranges from negligence to criminal corruption in one city after another. Some members of Congress recently have become so in- dignant over the Executive Branch’s flouting of Congressional enactments that they have filed suit against offending agencies such as the Bureau of Mines and the Civil Aeronautics Board. But the Black Caucus is searching for the kinds of remedies against official lawlessness that or- dinary citizens can use and ordinary bureaucrats cannot easily block. They want to bring fairer procedures, freedom of information, citizen par- ticipation, and rights of actions with adequate legal representation to local federal programs. It will not only be minorities that will benefit from these needed changes but all other people who believe that “law and order” must apply to government itself and, those special interest groups ‘who prey on it. . Ham 'n Yegg Rolls Increase Another week and more members are welcomed to the Ham ’n Yegg Club. They are— Francis L. Ambrose, J. Arch- bald Brooks, John Casner, Atty. Lewis R. Crisman, Mr. and Mrs. Martin L. Davern, John Fielding, Mr. and Mrs. W. Charles Maxwell, Mr. and Mrs. Jack D. Miller, Dr. Marshall U. Rumbaugh, Edward R. Cavan, Mr. and Mrs. Edward J. Ceol; Mr. and Mrs. William S. Eck- roat, Mr. and Mrs. Welton Far- rar, Leonard J. Mack, Helen J. Mailander, Homer B. Moyer, Arthur H. Ross, Mr. and Mrs. Adolph Sappe, William H. Burnaford Jr., Dr. and Mrs. H. G. Gallagher, Charles H. Miner Jr.; Dr. and Mrs. Roger M. Owens, - Sarah H. Schmerer, Ethel M. Strayer, Mr. and Mrs. Fred M. Templin, Mr. and Mrs. Louis C. Wagner, Louise Col- well, Lois C. Davis, Mr. and Mrs. Hans Dreher, Carl F. Goeringer, Edward J. Lyons, Mr. and Mrs. William F. Reh- ring; Cdr. W. Anthony Williams, USN (ret.), Robert W. Baird Jr., Mr. and Mrs. Joseph W. Fenstemacher, Edwin S. Hogg, Atty. B. B. Lewis, Mr. and Mrs. J. David Roskos, Mr. and Mrs. Wayne R. Schmoll, Mr. and Mrs. Frank H. Bevevino, Vern E. Pritchard, Lewis J. Reese. Workers Needed At Auction Grounds There is much work to be done before the Back Mountain Memorial Library Auction opens for business July 7, 8 and 9, and virtually all of it must be done by volunteer workers. Workers are cordially invited to join the fun and fellowship of work at the auction grounds behind the Back Mountain Memorial Library--and to lend a strong back and willing spirit. to the effort. Work hours are Tuesday and Thursday evenings from 6:30 p.m. ‘to dark, and Saturday mornings. Watch Children statewide interest. Franklin News-Herald The Pennsylvania Power Conference, predictably became a platform for propagandizing rate increases and denouncing en- vironmentalists. And George I. Bloom, chairman’ of the Pennsylvania Public Utility Commission, used the occasion to tan the hides = of ‘‘unscrupulous politicians’’ and ‘‘sensation- seeking editors’ who criticize the PUC for granting rate in- creases. The president of the Penn- sylvania Electric Association was a bit behind times in his “alert” to Pennsylvanians to expect rate increases. Penn- sylvania Electric Co.. which services this area had already filed for. rate increases before PEA President Howard M. Swartz spoke to the conference about ‘inescapable’ increases. Both Bloom and Swartz warned of power shortages unless rates are adjusted up- ward to finance construction of more generating facilities. It would be foolish to dismiss the needs of utilities for rates that cover finance require- ments. But it would be equally foolish to panic from all the “crisis” talk in the energy in- dustries and grant excessive rate increases and lower envir- onmental standards. Bloom was something of an alarmist in claiming that those formulating the state’s air quality regulations have gone ‘“‘overboard’’ and that the state’s economy would be harmed. At a time of rapid escalation of power production, it seems essential to set real monumental environmental damage. If $5 billion is to be spent in the state by electric utilities in the next five years, it should be on the safest and least-pollutive devices possible. standards, technology aimed at that possibility will be delayed. Rising energy demands and environmental concerns have converged and have created a financial strain. Nevertheless, we don’t think questioning of rate increases should be dismissed as the work of ‘‘sensation-seeking editors,” as Mr. Bloom would have us think. Neither editors, politicians, environmentalists and utility customers should be put off by the kind of talk coming out of the Pennsylvania Power Conference. The Fresh Air Fund young- sters from New York City will once again be wending their way to the Back Mountain com- munity for another summer of fun ‘and friendship with their Milk Board Plans Hearing Harry E. Kapleau, chairman, Milk Marketing Board, has an- nounced that a public hearing will be held July 5 at 10 a.m., in court room no. 1 of the Lacka- wanna County Court House, Scranton. At this hearing, which has been delayed by the board for several months, testimony con- cerning farmer and resale prices of milk for the Northeast- ern Milk Marketing Area, de- signated by the board as area no. 3, will be considered. “All interested parties, con- sumers, farmers, milk dealers and their representatives are invited to attend. Only relevant and material testimony will be accepted by the board,” Mr. Kapleau said. Graduation Photos Available June 19 Individual photographs of 1972 graduates taken by Jim Kozemchak at both Lake- Lehman and Dallas commence- ment exercises will be available June 19 at the offices of the re- spective high schools. Dallas area hosts, announces Kay Kale, chairman of Dallas’ Friendly Town effort. The program, which sponsors two-week vacations for city children in states from Maine to Pennsylvania, is in its fifth year in Dallas. Last year, nearly 60 children aged six to 12 traveled to the Back Mountain for vaca- tions with host families—and many of these same children will be returning again this summer. Mrs. Kale reports that there are still openings in the summer program for persons who would like to invite a city guest to share their home and family life for two weeks this summer. She emphasizes that there is no cost to host families partici- pating in the program, and that each Fresh Air Fund youngster is fully insured against possible mishaps. As in years past, the Back Mountain Memorial Library will be the setting for a series of story hours for the city young- sters and their young hosts. In- variably, the highlight of the story hours are the presentation of new books to the Fresh Air guests by the Dallas Junior Woman’s Club, the organization which sponsors and coordinates the fun-filled adventures at the library. Vacation dates are from July 6 to July 19, with a second “patch” of youngsters due to arrive in Dallas Aug. 2 for a two-week stay ending Aug. 16. Prospective hosts are urged to contact Mrs. Kale at her home (639-1236) or Shawn Mur- phy, assistant Fund chairman, at the Dallas Post. Dallas Township Two cars collided Saturday at 2:45 p.m. on Route 309 at the intersection with Main Street, Fernbrook, but neither driver was injured. According to Dallas Township Patrolman James Gruver, the car operators were Mary Cul- ver, 39, of RD 4, Dallas, and Josephine Switzer, 42, of Wilkes-Barre. Damages to both cars were estimated at $500. Assisting in the investigation was Dallas Borough Patrolman Tim Carroll. A Shavertown resident has been cited for “failure to yield right of way’ after his car and another vehicle were involved in an accident early Sunday morning at 3 a.m. Patrolman John T. Appel brought the charges against Samuel Bush, 37, of RD 5, Hillside Road, Shavertown. Police records show that Mr. Bush was pulling out of Fern- brook onto Route 309 when his 1966-model car struck an auto- mobile driven by Jacob Simon, 63, of Lake Road, Noxen. The Simon car was traveling north on the highway and was struck on the passenger’s side. Three passengers were riding in the Bush vehicle. They were Charles Slaughter, 29, Nancy Thompson, 35, and Arlene Ciprianni, 27. Ms. Thompson was taken by Dallas Commu- nity ambulance to Nesbitt Memorial Hospital where she was treated and released. The Louden Hill action precedes proposed legislation being considered for introduc- tion in ‘the Pennsylvania General Assembly by Gov. Milton Shapp’s Administration. >ources close to the governor said Tuesday that the adminis- tration had begun receiving flak from consumers for delaying the proposed bill, but that more support was being sought in both the House and Senate before the proposed bill is in- troduced. Norvell Reese, the governor’s executive assistant told Green- street News Tuesday that the governor admits to going slow in proposing such legislation, publicized more than a month ago, because of the lack of support for the draft bill among members of both the House and Senate Argiculture Committ- ees. “But I can tell you that the bill is definitely not dead,” Mr. Reese said. If enacted, the bill would remove price fixing from the control of the MMB, thus making retail milk competitive, with a stipulation that a retailer could not use milk as a loss leader and could not sell milk retail at a price which would show less than five percent profit. The measure would also guarantee, as the current Milk Marketing Law does, that farmers be paid a fair return for their milk. Mr. Reese, in discusssing the part of the reason for the delay was because he had been ex- periencing trouble lining up sufficient votes for the bill. “It will do no good to just introduce it without sufficient votes to get it through the' Agriculture Committees,” he said. Asked what position the governor had taken concerning the recent Louden Hill price drop, Mr. Reese said that the governor was delighted that consumers were given ‘the Municipal Authorities Subject of Meeting The Back Mountain Tax- payers Association will meet June 15 at 8 p.m. in the auditorium of Dallas Junior High School. Invitations to attend the meeting have been sent to Sen. T. Newell Wood and Sen. Martin Murray, Rep. Frank J. O’Connell, and Luzerne County Commissioners Ed Wideman, Frank Crossin and Ethel Price. Officials who attend will be asked to discuss their views of House Bill 41, which concerns municipal authorities. Residents from the involved areas also have been invited to attend. Estimated damage to cars was listed at $2,300. Kingston Township An automobile traveled for 73 feet on top of metal guard rails in the center of Route 309 Fri- day afternoon, but the driver, John West, 66, of Swoyersville, apparently escaped without in- juries. The accident was the resuit of the West car going into a skid on the rain-slicked highway and landing on top of the metal rails separating the northbound and southbound lanes. A second car, operated by W. Hamer Main- waring, 25, of RD 4, Dallas, was lane at the time and this car’s roof was sliced by the West car. Mr. Mainwaring’s vehicle went out of control and crashed into guard rails on the berm of the southbound lanes. He, too, was uninjured. Kingston Township Patrol- man William Pugh, who investi- gated, listed damages at $2,300 to both cars. A two-car collision occurred Sunday afternoon at 3:25 on Route 309 in front of Rave’s Nursery, and one man was ad- mitted to Nesbitt Memorial Hospital with back injuries. The injured man was Joseph Warren Kerns, 38, 0f RD 1, Har- veys Lake. Driver of the other car was Wilma Kendal, High- land Blvd., Dallas. Kingston Township Patrolman John J. Appel reported the Kendal car was traveling south on the high- way and was making a left turn opprotunity to buy milk at reduced prices. But he em- phasized that the administra- tion and the governor would back any action taken by the MMB against Louden Hill. ‘‘The law is the law,” Mr. Reese explained, ‘‘and even when we don’t agree with the law, we are charged with upholding it.” Harry Kapleau, MMB chairman; who was not -avail- able for comment Tuesday, was said to be exploring with the state’s legal advisors what action to take. As of press time late Tuesday, no decision had been made, an MMB spokesman said. Scranton Atty. Morey Myers, legal counsel for Louden Hill, said early Tuesday that he expected the board to move against Louden Hill in one of two methods: either to seek administrative action against the firm, or' to petition for a court injunction. In case of the latter, however, Atty. Myers pointed to a case decided by court action last week, in which a Pittsburgh milk retailer had won a legal fight to sell milk at reduced prices because the court refused to issue the MMB requested injunction. The case involved a jug milk dealer, United Dairy Farmers Cooper- ative similar to Louden Hill, which had been selling milk at about 18 cents per gallon cheaper than the MMB con- trolled minimum’ in the Pitt- sburgh area. ; Atty. Myers said that the board could attempt to revoke the license held by Louden Hill Farm Stores, but that in any event the case would have to involve litigation. - Should the board attempt to revoke the license through an administra- tion hearing, he said, Louden Hill would undoubtedly appeal the case to the courts. All of take a long time, he speculated. Gov. Shapp, however, does not intend to back down from his original proposal to correct the situation in behalf of con- sumers through the proposed legislation, Mr. Reese stressed. To correct the situation, he continued, the administration seeks legislation that would allow free competition in the retail sale of milk, providing that suppliers set their own price at least five percent above cost. Indicating a similar position, Pennsylvania Agriculture Secretary James McHale said publicly less than a month ago that he was calling for abolition of retail price setting in the Milk Marketing Law, em- phasizing that the provision has victimized consumers and farmers alike. The secretary called for amendments to the 1937 law, to make retail pricing competitive and guarantee into the nursery parking lot. As Mrs. Kendal crossed into the northbound lane, she told police she stopped to let a car exit from the parking lot. Her car was struck by a car driven by Mr. Kerns, who was traveling in the north’ lane. So j The force of the crash pushed the Kendal vehicle into a third car parked on the nursery lot. The latter car was owned by Norman Fitzgerald, Wilkes- Barre. It was not damaged. Mr. Kerns was taken to the hospital in the Kingston Town- ship ambulance. Assisting in the investigation were Dallas Township Patrol- man James Gruver and Dallas Borough Patrolman Ronald Dudick. > Approximate damages to the Kendal and Kerns cars were set a %9 Dallas Borough Seven persons apparently es- caped injuries in a rear-end col- lision Saturday at 5:30 p.m. at the intersection of Routes 415 and 309. J The two drivers were Thomas George Landon, 28, of Kingston and Earl David Collins, 21, of RD 5, Tunkhannock. Five pas- | sengers in the Collins car were Orlene Sands, Gene Sands, Sharon, Susie and Irving Nul- ton. The investigating officer was Patrolman Sev Newberry, who reported the Collins vehicle was when it was struck at the rear by the Landon machine. Both cars were proceeding north. Prices (continued from PAGE ONE) prices to farmers. He said that the current law sets up ar- tificially high prices at the retail level, protecting inef- ficient dealers and chain stores. The resulting middle-man spread, Secretary McHale said, has hurt the consumer’s pocket- book and caused a decline in liquid milk sales which has been a blow to the Commonwealth’s dairy farmer. The ‘parity price’ for milk—ratio of a farmer’s costs and income—still stands at a depression-level 80 percent, he said. Secretary McHale said he is backing the administration’s proposed bill which would eliminate price fixing, prohibit a storekeeper from selling milk at less than five percent above costs; double the amount of bonding required for milk dealers and protect prices paid to farmers not covered bythe federal milk order. Comparatively, according to Agriculture Department data, consumers in Pennsylvania pay more for milk than in any neighboring states. Recent figures indicate that milk retails for as low as 96 cents a gallon in Trenton, N.J., 95 cents in Albany, N Y., 99 cents in Cleveland, and 99 cents in Washington, D.C. The current MMB price of $1.15 for jug milk and $1.20 a gallon for carton milk, has been in effect since July, 1970. After the board raised the price by six cents a gallon at that time, Louden Hill sought court action to lower the price. Shortly thereafter, the Commonwealth Court ruled that the board must hold a hearing in Scranton to determine whether the increase was justified, after it had ruled that dealers adopt a uniform ac- counting method that meets the Milk Act’s requirements. Last January, under the chairman- ship of J. Len Huber the current minority member, the board held a hearing. Shortly thereafter, however, Gov. Shapp appointed two new members to the three-member board, and made Kapleau MMB chairman. " The new board, with Nina Gowls, a Pittsburgh consumer advocate appointed as a member, scheduled March hearings, which have been postponed until July 5, at which time area dealers are expected to present testimony upholding the justification for the current retail price, while consumers joined by Louden Hill: are ex-. pected to present testimony to show that the price is inflation- ary and was levied arbitrarily and capriciously by the old board. The hearing is scheduled to be heard in Court Room 1 of the Lackawanna County Court- house beginning at 10 a.m.
Significant historical Pennsylvania newspapers