The Independent-Record from Helena, Montana • 5

The Independent RecorcT Helena, Saturday, October 8, 1988 5 A tudly rdfutes corgumeBUtf wafer courts illegal tion. By BOB VNEZ Associated Press Writer With valid arguments to suggest the Water Court system is constitutional, the report says the Legislature should not jump the gun based on MacIntyres opin ion. with MacIntyre that an adverse ruling by the court not only would doom the adjudication process, but also would void all the actions taken by the Water Court. The study also addresses the ongoing dispute between the Water Court and DNRC over their respective duties. The report concludes that neither agency violates the separation of powers doctrine in doing their work.

The investigative functions of the department do not illegally intrude on judicial authority and the courts power to direct DNRCs rights verification work is not an improper exercise of executive authority. changes and generally praises the existing adjudication system handled by the state Water Court and the Department of Natural Resources ahd Conservation. The question of constitutionality was raised in a legal opinion written six weeks ago by Donald MacIntyre, chief DNRC legal counsel. Oftering only his personal opinion, he concluded the system is flawed because the Water Court judges are appointed, while the Constitution requires all district judges Re elected. Ttte study, conducted by a Denver consulting firm, argues that there is a valia distinction between a Water Court and District Court.

The former is clearly a special court created by law (and) free from the requirement of election which attaches to District Court judges, the report says. A Water Courts jurisdiction does not extend to civil and criminal matters and a District Courts power does not include adjudication of water rights, the study notes. In addition, it says the Constitution permits temporary appointment of judges and the naming of a Water Court judge could be perceived as such a selec A study of Montanas system of judging water rights refutes an earlier report that the process is unconstitutional and suggests the Legislature should not consider scrapping the program unless it is successfully challenged in the courts. That is the conclusion in the final report -of a two-year study presented Friday to the Water Policy Committee. Few changes were made in the draft report released in early August.

TheJ study still suggests a few legislative We cannot conclude that the Montana Supreme Court would find the Water Court structure unconstitutional, the report adds. Accordingly, unless and until that court so finds, we cannot recommend that the Legislature consider a massive overhaul or dismantling of the Water Court system. However, the consulting firm agreed libertarian feels snubbed BRIEFS Consumers victims in milk war By The Associated Press By BILL WILKE IR State Bureau Quayle to spend 2 days in state BILLINGS Sen. Dan Quayle of Indiana, the Republican vice presidential candidate, will be in Montana next Wednesday and Thursday for various campaign appearances in both Great Falls and Missoula, campaign officials said Friday. Chuck Heringer, Montana chairman for the Bush-Quayle 88 campaign, said Quayle was due to arrive in Great Falls about 3 m.

Wednesday and fly on to Missoula about five hours later. He plans to stay the night in Missoula and leave Montana about 1 p.m. Thursday, Heringer said. newspaper wanted the forum to focus on the candidates with a chance of winning. Its very difficult to take him as a serious candidate, Swibold said of Morris.

He said Morris was not invited to the forum for the same reason that Libertarian pesidential candidate Ron Paul has not been included ip national presidential debates. Swibold said his newspaper is not ignoring Morris candidacy in its news columns. Morris said he is pressing to participate in debates by the Billings Gazette the Helena Independent Record and students of Carroll College; the College of Great Falls and Eastern Montana College. He did appear with Judge and Stephens in a debate taped by KUSM-TV in Bozeman, which will be broadcast later on public television. Willie Dee Morris, the Libertarian Party candidate for governor, says he is being unfairly excluded from debates between the Democratic and GOP nominees.

The news media is the one agency in the United States that constantly fights against censorship and now theyre deliberately censoring me out of the process," he said. It never occurred to me that the Fourth Estate would engage in such actions. Morris, a lawyer from Butte, said he asked to appear at a Wednesday debate sponsored by the Bozeman Daily Chronicle but was turned down. Democrat Tom Judge and Republican Stan Stephens appeared at the forum. Dennis Swibold, editor of the Chronicle, said the Park's Clover Mist fire stubborn YELLOWSTONE NATIONAL PARK, Wyo.

(AP) Firefighters on Yellowstone National Parks Clover Mist fire Friday postponed their estimated containment time for the Blaze because of continuing warm conditions. Fire information officer Paul Miller said the warm, dry weather accompanying Indian summer raised some concerns that the fire in the parks northeastern corner might flare up in spots, leading officials to postpone their estimated containment time until 8 p.m. Sunday. Officials had hoped to contain the blaze at 9 p.m. Friday.

of new jobs lags in state By BOB ANEZ Associated Press Writer Greely opposes seat belt repeal Attorney General Mike Greely has joined opponents of a ballot measure that would repeal Montanas year-old mandatory safety belt law, dismissing the claim that seat belts can kill as pure fiction. He highlighted a news conference at the Capitol on Friday, marking the first major push of those against Initiative 110. on tourism and recreation have skewed Montanas summer employment picture, he said. Manufacturing and the financial industry have suffered the largest losses in jobs lately, losing almost 2,000 since August 1987. On a gloomier note, average weekly earnings for Montana production workers declined from $291.38 in July to $281.49 in August.

Rafferty attributed the drop to fewer hours worked in such key industries as mining, wood products and I wish it werent necessary to have a law that requries people to buckle up, Greely said. But lets face it without the law, people just wont buckle up. While foes of the initiative argue the law infringes on their freedom, Greely said that statement is misleading. Driving is a privilege, not a right, and the state has numerous restrictions on motorists, including speed limits and licensing requirements, he said. Bob Rafferty, chief of research and statistics for the department, said the unemployment rate last fell to 5.1 percent in June 1979.

Still, the figures indicate those getting off unemployment are not all finding jobs, he said. Over the past two years, the number of unemployed has dropped by an average of 3,100 a month, but the average increase in employment has been only 1,400. The lack of growth in employment is far more of an economic indicator than is the slight decline in unemployment, Polzin concluded. The trend shows that the continuing tendency of Montanans to give up their search for jobs and either drop off the unemployment rolls or leave the state to seek work elsewhere, he said. Employments not doing what we thought it would do, Raffed ty admitted.

But its been a strange summer. The combination of drought, forest fires and the fires impact Montanas unemployment rate dipped last month to its lowest level in nine years, but the improving jobless picture has yet to translate into a sure sign of a brighter economy more people at work. Until we start getting significant increases in the number of people employed, I cant get too excited about a lower unemployment rate signifying a healthier economy, said Paul Polzin, director of the Bureau of Business and Economic Research at the University of Montana. Fridays figures from the state Labor Department show a 5.1 percent unemployment rate during September, down from 5.7 percent in August and lower than the 5.6 percent rate a year ago. The numbers mean there were 20,500 Montanans without jobs last month, 2,400 fewer than both in August and last The full weight of Montanas milk control quagmire fell Friday on a handful of people whose task is to find ways to help the Legislature get out of it.

State Business Regulation Division head Jim Kembel pulled no. punches at the first meeting of the recently-appointed Milk Control Advisory Council conveying the urgency of restoring order to the states dairy industry. The industry, Kembel said, has been like a sled going down a hill without a steering wheel. Things were getting vicious. It was close to war for lack of a better word.

Two dairy product retailers took the floor to say the ultimate victims are the consumers. The council, which was hit with testimony from all factions of the industry, is slated to complete its findings by December. Montanas Milk Control Bureau sets minimum prices on fluid milk products paid to dairy farmers, dairies, and milk product wholesalers and retailers. Much of the recent controversy that has rocked the states industry revolves Montanas two largest dairies which have engaged in sometimes bitter disputes over marketing methods that sidestep state milk price controls. In policy statements submitted to the council Friday, Country Classic urged decontrol of wholesale prices, while Meadow Gold proposed the elimination of all price controls, except those on prices paid to farmers.

Chester retailer Mike Novak said that while he is enjoying substantial profits from the minimum retail prices he is tired of trying to explain to customers why milk is more expensive in Montana than other states. I dont have good answers except that we have out-of-date methods of pricing in Montana, he said. Said council member and Cloverleaf Dairy owner Ed McHugh of Helena: Milk is a simple business until you get into it. Then it gets complicated. AG candidates back anti-drug bill Mike McGrath, Democratic candidate for attorney general, urged Montanas congressional delegation Friday to push for passage of federal drug enforcement legislation before Congress adjourns.

His Republican opponent, Mark Raciot, agreed. Both said failure to pass the bill would irreparably harm Montanas anti-drug efforts. A staff aide to Sen. Max Baucus, predicted the measure will be approved before the scheduled Oct. 15 adjournment.

The states $1 million appropriation for drug enforcement and education last year was cut in half in 1988, said McGrath, the Lewis and Clark County attorney. Local governments do not have the resources to mount a comprehensive and thorough attack on illegal drugs, McGrath said. Youll Love Being A Loser Were Open Saturday 1:00 pm to 5:00 pm Cobblestone? Clothing Weight can be lost when Exercise is coupled with a modest reduction in calories Final Markdowns on Summer For more information Call 449-2540 or stop by 50 S. Park 60 to 75 off Downtown onthe South mall Next to the PanHandler FITNESS CENTEX Crystal Treasure Cove Capital Hill Mall 443-5670 For all your printing needs. action print 305 Fuller Ave.

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