Tut: DAILY PRKSS Woman Wins (from Ex-mate) Her Vote for Equality

36- Utica, Thursday, April 10, 1975

Lawyer Plans to Request Hearing on Sanity Finding

SYRACUSE, NY. (APi-An attorney for John Harris, accused of the 1972 murder of college coed Karen Levy, said Wednesday he will request a hearing to contest recent fin-dings that Harris is mentally competent to stand trial.

Defejise attorney Edmund Jeschke said he made his decision after studying a report of tests on Harris by doctors at the Mid-Hudson Psychiatric Center.

Onondaga County Court Judge Ormand N. Gale put the Harris case on his calendar for Monday. Harris remains confined in the Public Safety Building jail.

Last week Jeschke was granted a one-week adjournment of the case so he could speak with his client before deciding whether to ask for a hearing

Harris. 24. of nearby Cicero, is charged with two counts of murder, first-degree rape and first-degree sexual abuse in the November 1972 slaying dn Miss Levy. The 18-year^ o!d Syracuse University student from Cherry Hill. N J., disappeared after accepting a "ride on campus from a siranger. - Harris was arrested last October when Miss Levy's

remains were found in a shallow grave at a landfill in the nearbvTown ~of"Sahra

Harris was sent to the MidHudson Psychiatric Center for tests last January after earlier befing found incompetent to stand trial.

7 Aliens Arrested AMSTERDAM, N.Y. (AP)- Seven persons from Costa

Rica were arrested Wednesday at three Amsterdam businesses and charged with being illegal aliens. U.S. im-migration officials said.

I hree other Costa Ricans, who were arrested for failure to carry an alien registration card, were later released when they produced their cards, authorities said.

Joseph McSherry, an immigration official in Albany, said tips on the aliens' presence in the area came from Amster-dam residents who wished to remain anonymous. State Po-lice at Fonda assisted in making the arrests, he said.

The aliens were arrested at the Amsterdam Bedding Co., Bojud Knitting Mill, and Coleco Manufacturing Co., McSherry said. ^_.

Assassination Film Returned NEW YORK (AP) Time, Inc. returned the famed Zapr-

uder film of the late President John F. Kennedy's assassina-tion to the Zapruder family Wednesday for the sum of $1 to wind up lengthy negotaitions over ownership of the film.

Abraham Zapruder. who died in 1970. took the film in Dallas on Nov. 22.1963 and two days later sold it to the Time-LifeF^ ortune magazine publishing firm for a reported $25,000.

Time's announcement that the film was being returned tc Zapruder's heirs added that the magazine publisher had been unable to donate the original film and its rights to the Na-tional .Archives "because of legal obligations to the Zapruder heirs."

Time said multiple first-generation copies of the film and a set of first-generation transparencies of each frame would be presented to the Archives, "where they can be seen by the public."

A copy of the film was part of the record of the Warren Commission which investigated the assassination and concluded that Lee Harvey Oswald was the sole assassin.

Sue to Close NYC Zoos NEW YORK rAP) The Society for Animal Rights, Inc.

sued ui Manhattan Supreme Court on Wednesday to force the shutdown of the city's three zoos and the removal of the an-imals to the Bronx Zoo.

In the action filed by the nonprofit organization of some 30.-000 members, the society complained that the three zoos in Queens. Prospect Park and Central Park do not have "any meaningful veterinary care."

'Ice Bridge' Breaks Up NIAGARA FALLS. N.Y. (APi-The spectacular "ice

bridge" that forms in the lower Niagara River at the base of the American and Horseshoe Falls even- winter broke up Wednesday.

The bridge was battered apart by an increase of water spilling over both falls and drifted downstream toward Lake Ontario -It formed Feb 3->and increased to4hkknesses-of up to 60-

fee: after 60-imle-an-hour winds on Feb. 26 forced hunoreds of acres of l^ke Eric ice into the river.

NEW YORK (AP) - A 27-year-old woman who quit college after marriage to pay her husband's way through law school was given an alimony

_set tl emen t Wednesday designed to make her former husband pay her way through medical school.

"Shall a young mother, presently a full-time pre-medical student with ex-ceptional grades, be given an equal opportunity for

development and fulfillment by completing her medical school training although capable . of being self supporting as a secretary?"

That'was the way acting Justice Bentley Kassal framed the issue in his opinion in Manhattan's state Supreme Court, and his answer was an emphatic vote for equality.

He awarded Ethelyn D. Morgan $200 a week for alimony and child support so long as she

does not remarry and continues her premed and medical studies.

Ethelyn and Charles R. Morgan were married on Jan. 2L 19G7,-Wheti he_was SLtbM-year prelaw student at the University of North Carolina and she was a sophomore studying biology at Florida State University."" "~~ ~

"Recogniiing that both could not simultaneously continue their education and be self supporting, they agreed it

would be preferable for him to finish his undergracluate and law school education while she worked," the judge said.

During the seven years she wrfced^_Mrs._ Morgan J>eeajne_ skilled as an executive secretary and data analyst who could probably earn $10,000 a year, the-judge said. "The ~ ouple" "separated- in October, 1972, and she later obtained a divorce from Justice Kassal on the grounds of abandonment. She was given

custody of their 7-year-old son. In 1973 she enrolled in Hunter College as a pre-medical student and has earned ex-ceptional grades.

Morgan's legal career progressed well in the mean-time. After serving a clerkship for a federal judge, he became an associate at a prominent Wall Street law firm, earning $27,500 a year.

Normally a decision on alimony would take into ac-count the fact that the wife had

the capability of being self* supporting.

But Kassal noted, "In my opinion, the answer to this Issue is that, under the cir-cumstances, the wife is also entitles to equalTfenment and a break and should not be automatically relegated to a life of being a well-paid technician, laboring with a life-long frustration as to what her future might have been as a doctor but for her marriage and motherhood."

SCHOOL AID

No New Taxes

Associated Prtis Wirtptoto

IN THE EYES OF THE BEHOLDER Nguyen Yon Tu is all eyes as he looks at Terence Cardinal Cooke, Archbishop of New York, who was on hand to welcome him and 14 other Vietnamese orphans at LaGuardia Airport Wednesday on their arrival from San Francisco. The youngsters are among 210 children who have been sent to the U.S. since Sunday under auspices of the Catholic Relief Service and Catholic charities.

ALBANY (AP)Senate Republicans announced Wednesday a program to add $197.4 million in state assistance to public

^rfwirforme^e^rs^wlyearandsald the proppsal would not require new taxes.

. Senate Majority Leader Warren Anderson, R-Binghamton, said the spending program will-only help education if school officials economize.

"Implicit in this program is the responsibility of every school district in the state to meet the challenge given to every level of government today by the holpagnrpH tavpaypr- that is, to cut back on unnecessary expenditures," Anderson declared.

He said 30 senators, including three Democrats, have joined as sponsors of the proposal in the Republican-controlled Senate.

Democrats, who control the Assembly, have already unveiled plans to add $300 million to the coffers of elementary and high school districts throughout the state. That plan, say its sponsors, would require -new taxes to support.

The Assembly plan differs from Anderson's in that it would give greater assistance to big-city schools, would in-crease the maximum state assistance for each student by $100 to $1,300 and would create a special reading-improvement program.

Anderson's program would restore special assistance programs that are scheduled to end this year and would also make technical corrections in the state assistance formula for education.

SEN. WARREN ANDERSON

The Senate Republicans would continue special "weighting" for high school students, whereby each student in a secondary school is counted as 1.25 students for purposes of computing state assistance.

Anderson's plan would also continue assistance to highly taxed areas and would provide that no school district would receive less state aid in the school year beginning next fall than it is currently receiving.

CAREY100 DAYS

Little Visible Impact Seen ALBANY (AP)-Gov. Hugh Carey's

Democratic administration passes his self-proclaimed watershed of "the first hurr dred days" Thursday having made little visible impact on state government. But there are some signs that the new governor has the political resources and skill to establish firm control in the months and years ahead.

In the closing weeks of his campaign last fall, when it was clear that Carey was going to win, he began to herald the first nundred days of his regime as a time certain to produce innovation and change, and a time in which he would establish a pattern of "cleaning up the house of government of New York."

But if there has been any sure pattern in -his first 100 days. 4t has-been one-of

marked slowness in getting his new ap-pointees in place and establishing an administration of his own.

To Furlough 590 Employes T1CONDEROGA. N.Y. vAP.)-The Jnic^national Paper

Company will shut down its mill here Monday and lay off 590 employes for one week, a company spokesman "announced Wednesday.

The mill" shutdown was the fifth shutdown announced by the company since December. The company's normal work forci? is approximately 1200. About 800 persons are currently employed

Poor market conditions in the paper industry were cited as the cause of the shutdown.

i

3 Rescued In Mishap NEW YORK (AP) Three men were slightly shaken up

Wednesday but got ashore safely after a Cessna seaplane they were riding in overturned in Jamaica Bay. the Coast (kiard reported.

The three were picked up by a Coast Guard boat shortly after the seaplane overturned while taking off from the Mill Hasin'arca near the Belt Parkway in Brooklyn about 1 p m.

Tho men u ere identified as pilot Leo Askirvuy of Brooklyn; A! IXuortof New Rochelle and John Russell of Staten Island. The men were going to a pleasure ride, according to the Coast Guard

All three were released from a nearby hospital after exam-matron.

Pair Indicted for Murder NEW YORK (AP) - William Cutolo, 24, described as an

associate of the Colombo crime family, and another man were indicted for murder Wednesday in the gangland slaying of a man who was found floating in an oil drum in the East River

Cutolo pleaded innocent in arraignment before Rrooklyn Supreme Court Justice William T. Cow in, who set bail at $50,000.

The other defendant, George N. Tropiano. 60, of Staten, Island, has been hospitalized since Sunday in Staten Island Hospital with a heart condition and will be arraigned later, officials said. He was described as being Cutolo's "god-father."

The two were charged with killing James A. Nagi, 24, of Brooklyn, whose bullet-riddled body was found last June 25 in

"Everything began to cave in on me," he said in a television interview Wednesday. "We got hit with a rocksliderockslide with a capital R," he said in a smiling reference to former Gov. Nelson Rockefeller.

Any ideas for change and innovation have been put aside as the hew governor grappled with crises he ha,d not expected.

He has yet to fill ffveof i cabinet positions. Though the legislature has been in session three months of what is nor-mally a five-month session, he has sub-mitted only one package of major program legislation. The bills to embody a long string of campaign promises have not even been drafted. Though the state is into the new fiscal year, Carey has not demon-strated any mastery of a budgetary process which is normally a governor's playground.

Even Carey's supporters concede that, as yet, there is little of his own stamp on the face oLstate government, and nothing which reflects a clearly Democratic break with 16 years of Republican rule.

o o o

YET THESE SIGNS of confusion and delay obscure other signs of a new governor quickly mastering his political problems, willing to bear criticism for slowness of action if that is the price of moving carefully, able to negotiate with *& maneuver around adversaries with a skill essential to a strong governor. .Even many Republicans believe, foT

example, that Carey handled the major crisis that diverted his attention in the early days of the new administration the threatened collapse of the state's Urban Development Corp. with an adeplness which astounded his critics, bedaiiled the legislature and banking institutions in-volved, and ultimately, it now appears, saved the day.

The key to a successful reign for any governor is the ability to put together a careful combination of arm-twisting, public pressure, cajoling and persuasion to

roc*J>Ti,wr)CerAUJet-ricjeaDoaywasiounaiasijunein ,* puwic pressure, cajoung ana persuasciuo ; propwaiwi in oil drum pulled from the river by a passing tug.

Jr^3j> wrkMswiUonwrtii&tastUui^ ^ forgotten.'!

legislature. Carey demonstrated that ability in the UDC crisis, most of his political friends and opponents believe.

In the process of r%solving the UDC problem, Carey got off to a good start in one working "relationship that could be increasingly important to him that with the legislature's top Republican, Senate Majority Leader Warren Anderson. The two men worked closely on the UDC issue and emerged singing each other's praises.

Anderson, for example, commemorated the passage of the 100-day period with a statement declaring that he had found Carey 'to be cooperative, gracious and willing to listen to advice from othersall highly desirable attributes in a person and

-a public- officials" --Anderson's statement, however, also

reemphasized that the Democratic _ governor and the Republicans controlling

the Senate are still deeply divided over the need for new taxes. Carey insists the $10.4 billion budget passaged by the legislature needs $500 million in new taxes to be in balance; the Republicans insist that no tax increases are needed, and they have the power to block them.

o o o -

THE LOOMING FIGHT over the budget will provide the next major test of Carey's leadership, and it will be a tough one. Unlike the UDC crisis, the partisan in-terests involved are very important. The Republicans have a major interest in forcing Carey to put off tax increases until next year, a legislative election year when they hope to WTest control of the Assembly from the Democrats. Carey's only weapon in the battle is to threaten tough budget cuts unless the legislature acts on taxes. But the problem with that approach, as he knows, is that the Republicans might call his bluff, and then he could have to bear the political onus of the cuts.

The governor's current talk of a budget crisis contrasts sharply with his campaign rhetoric, in which he insisted that the state faced a budget surplus and promised flatly not to increase taxes on lower and middle-income families.

His first concrete proposal after taking office, of course, was a 10-cents-a-gallon increase in the gasoline tax, which would

\ J3>ave impacted hwSl&qc* 9*yiy lower and middle-income families. Carey apparently did not even realiie-how fierce the op-position to it would be and how much it could affect families in upstate areas with little or no mass transit he once said, for example, that 'this would not effect anything anybody uses to get to work."

o o o

THE GOVERNOR admitted in an in-terview taped Wednesday for statewide education television that' the gas-tax proposal was a "lighting rod" that Is "now

"I guess they won't forget that I in-troduced, it, though," he said. "I only hope they remember that I only proposed it in a fiscal emergency."

Carey's turnabout on the budget reflected a more general factthat the issues he raised in his campaign-were often unrelated to the realities of state government, perhaps because he knew little about state government.

"Candidly, a great many people had the impression, and I shared it, that what had been built up in this state was a

megastatea state government that could stand up to any strain, such as the current strain on the economy," he said Wed-nesday. "Well, it doesn't. We're in a crunch."

Though Republicans and some other outsiders are upset at the slowness with which Carey has filled the positions in his new administration, most of his critics concede that the quality of the ap-pointments he has made has generally been high.

o o o

CAREY PARTISANStake particular pride in Steven burke as secretary to the governor, Judah Gribetz as his counsel, Lawrence Kolb at the Department of Mental Hygiene, Peter Goldmark as budget director, Mario Cuomo as *creUry of state and Edward Berlin r ;> member of the Public Service Com-mission.

The search for those people and the budget and UDC crises, Carey aides insist, made the first hundred days less spec-tacular than they wanted them to be.

The "first hundred days" would or-dinarily have no significance as a watershed for a new administration. The more appropriate lime lo evaluate a new governor might be at the end of his first legislative session, when he would have had a full opportunity to test hit skill In the political environment of Albany.

BUT CAREY HIMSELF, in an apparent effort to emulate one of his political heroes, Franklin Roosevelt, gave it significance through his campaign rhetoric. He held out general promises of a new era in stategovernment, and promised three specific things: require full public financial disclosure by major officials, submit constitutional amend-ments to replace the state's elective system of picking judges with an ap-pointive system, and submit legislation for public financing of state political cam-paigns.

It may be a measure of Carey's devotion to fulfilling campaign promises that he has done none of those things, and there are no indications as to when he will.

Beyond those specific items on what Carey called his "agenda for the first 100 days," Carey also made promises lo submit "as my first priority" legislation strengthening rent controls and a conflict-of-interest statute for public officials. Again, nothing has been heard of those ideas since the campaign, although Carey aides insist they are coming.

Through all these crises and criticism, Carey has retained his sense of humor, and ' also his ability to talk around questions.

On Wednesday, for example, asked the inevitablefor a New York governor-question about his presidential ambitions, if any, he first launched Into a rambling monologue about how "the nation has always looked to New York for leaoV-Jbip in hard times."

Did that mean he wanted to run for the .White House?

"If I can unscramble what I found here in four years I may be eligible for another office, but not the one you're talking about," he said.

No one listening had any idea what that meant.

' B u t the guessing was that Carey Is available if called, and thai In the meantime he Intends to be in charge in . Albany, and for people to know that he is in charge.

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