August 23, 1972 (12 pages)

2 The Nevada vuunty Nugget Wednesday, Aug. 23, 1972 . “Notes off the Cuff” By P. L. Smith ff any copies are yet to be had, do try to get one of the booklet entitled ‘‘Residential Burglary and What To Do About It?’, . .which offers helpful hints for making one’s residence, business or other property safe from burglars or other type culprits. Written in both English and Spanish, it may possibly be obtained from Liaison Office, California Council on Criminal Justice, 1927 13th Street, Sacramento, California 95814. A handy, practical_ little hunk of reading matter to have around the place! Well, the Fair Fun starts tomorrow . and guess who’s gonna be there bright andearly? Yep. . wouldn’t miss a minute of it for any reason short of the proverbial ‘“‘hell and_ high water”, Although [ll tell you one thing that I wouldn’t admit to just any old body. . .that little train that does . . is gonna do it for me over quite a few miles of walking this time around. Handy little gimmick is that little train, and I shall make good use of it point to point around the grounds. And, speaking of the fair grounds. . .they are really beautiful this year. You’ll be pleasantly surprised I guarantee. Another nice thing about our fairgrounds is the location so close to the heart of things“in Western Nevada County. don’t know what the folks over on the Eastern side of the mountain think about it, but then I don’t know many foks over thataway yet. I just appreciate the ‘nearness’? of McCourtney Rd. (For purely personal reasons, I should add.) Oh, yes. . .wait until you geta look-see at the Fair Premium Book covers this year. . .the new logo and art work have combined to add a lot of sparkle to the publications related to the fair .congrats to those responsible . you’ve come out winners this year. . NEVADA COUNTY NUGGET 301 Broad Street Nevada City, Ca. 95959 Telephone 265-2471 PUBLISHED EVERY WEDNESDAY BY NEVADA COUNTY PUBLISHING CO. Second class postage paid at “Nevada City, California. Adjudicated a legal newspaper of general circulation by the Nevada County Superior Court, June 3, 1960. Decree No. 12,406. Subscription Rates: One Year . $3.00 Two Yeors . $5.00 _ Member of CALIFORNIA NEWSPAPER © PUBLISHERS ASSOCIATION Do you ‘remember when’? the old carnies used to include those watered down versions of ‘flesh shows” in their county fair rounds? The ones that used to advertise in such gaudy fashion attractions “‘direct from Broadway” or “imported from Gay Paree’’, .or some other seaport never seen by the warmedover gals who hacked out their routines night after night for the edification of the ‘tyokels?”’ Finally, and fortunately, a few years before the Second World War Americans got smart and put the majority of the operators of such low-grade entertainment out of business as far as County Fairs were generally concerned, I can recall, well, many incidents connected with those carnival concessions that took a lot of the fun out of a lot of lives back in those ‘‘good old days.” County Fairs today are too wellorganized and policed, and their viewers are, for th most part too sophisticated to be conned into wasting good money on such shoddy pretenses at entertainment. It is going to be a very satisfying Fair this year. there’ll be no put-ons, no putdowns, and no problems. . . just great fun from start to finish. See you there! Vandalism and burglaries in Nevada City A display window at the Mush Room City Antique Shop was smashed, two garages were entered, and women's clothing was removed from a line in Nevada City during the past weekend. The plate glass window was smashed with a heavy instrument and an antique water pipe of the opium type was removed late Saturday or early Sunday, Police Chief Jim Moon said. . Dr, Lewland Lewis Monday reported that wine, fruit, a glass bowl and other items had been taken from his unlocked garage facing West Broad Street, some ’ time Sunday night. The owner of : Pearl's Cafe told officers that her garage had been broken into, but said no items are known to be missing. A man described as about five feet, 10 inches tall and wearing a white tee shirt and levies reportedly snatched women's clothing Sunday from a clothes line in the Clay Street area. About 20 people were booked into the county jail for a variety of charges. Some were serving weekend time. The other alleged offenses ranged from assault with a deadly weapon through charges connected with drinking and marijuana. The sheriff's department, police departments and California Highway Patrol were the arresting agencies. Lawrence Harlow Kibby, 21, Sacramento, is accused of assault with a deadly weapon. The sheriff's department arrested him on Bowman Road. ‘Carmen fire timber loss is $600,000 Tahoe National Forest officials have anticipated that Carmen, anearly two-week old blaze on the eastern slope of TNF, will be controlled by late this morning. Lightning touched off10 forest fires Aug. 8. Others were quickly handled but Carmen _ has blackened 2,200 acres and destroyed 10 million board feet of timber, TNF spokesman Joe Firebaugh said this morning. According to Firebaugh the dollar timber loss now is estimated at $600,000, somewhat lower than_the preliminary figure, Sierraville district rangers are cruising the burned area and there are hopes of salvaging about four and a half million board feet. Watershed damage has been estimated at $52,500. Plans already are under way for re-seeding and reforestation programs. An unusual weather pattern of high gusty winds several days in a row was blamed for the bulk -of control problems. Flames came within 100 feet of microwave stations atop Beckwourth Peak near Portola, but caused no damage to the stations. Mop-up will continue for some time after control is reached. The fire camp on the Plumas Forest side has been closed down. All operations now are being conducted out of the TNF camp near Calpine. This morning a 14,000 foot water supply line from Portola reached mop-up lines. This will furnish water for tankers to continue extensive clean up work. The system includes four pumping stations and is a new approach to mop-up, Firebaugh said. Bill Turpin, district ranger from Oroville, was in charge of installation. Dodini drops taxpayers in board suit Herbert Dodini has filed an amended complaint in his Superior Court action against individual members of the board of supervisors, county counsel and the auditor controller and fiscal agent. Dodini originally filed the suit in behalf of himself and taxpayers, In the amended complaint the taxpayers were dropped. The amended version satisfies technical demands of demurrers. The complaint accuses Dean Lawrence, Ralph Buchanan, Bot Long, Larry Filer, and Willie Curran, the five-member board and Leo Todd and John Trauner, county counsel and auditorcontroller fiscal agent, respectively, of acting against the best interests of the county. Last July Superior Court Judge Edmond Manwell sitting in Nevada County ordered that all demurrers in the civil suit be heard at the same time. FE ED Pe oe EE, SPITS E TEM ET PTT OF TN IC a eT ee a 979707070 7070707070707070707070707070"076-07010.0. 0.00.0, 0.0.0.0, 9,0,0,0.0,0. 0.0.0.0 0.0.0, -.see eee enero tere tor rere 50.050. 0 none ennta tata ta tate ew ee ee ee eee 0 OO O00 00 0.0.0.9.0.0.0.0. 0.0.8. 0.0 100 0 6 a ots 5 ghe Joe cow So clasasatasahseuegseasge.e SSN ie BO 016-06 7850 debra are’ ceatotatatatetstatetinctsts*ceaSahie,*.8.8.8.8.0.¥. 0 losis t a ee ee hh ad a ad a ED ee eS Se a I PN BB he hh he oS eeecesestetateteteteteteteteteterene tatataratatntuon0.0 © 00 00 wee wa ararn spine 0n%.92029.9.0.9.0. 0.0.0.0. 0. 0 ore ene erererelereretete LEGISLATION RY THE COURTS The Congress at one time had-a committee with the wonderful name of the Select Committee on Legislative Oversight. It was appropriate for no matter how careful the lawmakers may be in enactments, the ultimate effect of their work develops unintended ramifications which then must be corrected by amendments. This is the basic reason that the Supreme Court is out of bounds when it endeavors, through its rulings, to invade the legislative field. The founding fathers foresaw the dangers and provided for three separate and distinct branches of government, the legislative, administrative and judicial, To the latter was given the job of ruling on points of law as it was written. It was never intended to grant power to the judiciary to write laws, . ~ Any logical consideration of the reasons why this must be so can only bring one to admire. the wisdom of the nation's founders. Laws to be respected and enforceable must have the support of the populace. Anything to the contrary can only result in anarchy or revolution. Laws, to contain this quality, must only be made by those truly representing the people and wholly responsive to their will, It is undoubtedly this rationale which led the Supreme Cout in’ the first instance to hand down its "one-man one-vote" decision. But the Supreme Court is not representative of the one-man one-vote rule. Therefore it is not qualified under its own terms to legislate. Justices do not stand for election. They do not represent districts on equal population divisions. They are not subjected to public opinion. Neither do they get the benefit of the full scale deliberations which mark the passage of legislation. Cloistered in the sanctity of their chambers they are far removed from the people. They are out of touch with the world. They cannot forsee the consequences of legislative action. An excellent example of this absence of vision relates to the Supreme Court "one-vote'' decision which compelled the reapportionment of the California Senate. The Legislature of this state was patterned in the same manner as the Congress, The Assembly, like the House, was apportioned strictly according to population. It's Senate, like the U. S. Senate, was apportioned to give representation to the rural areas, populations not withstanding, The Supreme Court ignored the Congressional basis for this and ordered California to reapportion its Senate in the same manner as the Assembly. In doing so the Court disregarded the fact that in a state like California, areas larger than some states would be left without representation. They also ruled that community of interest was not important. The resulting district hodgepodges have men from the coast representing the valley and vice versa, Imperial County must depend upon a San Diegan for its representation. The elected representative devotes his time to the populated areas and ignores those in sparsely settled regions. He loses touch with them. They do not have representation. Since the reapportionment of the State Senate the Legislature has become progressively mired down in bickering and petty partisanship to the point things are at a virtual standstill. It is a safe bet the Justices did not forsee the disaster their decision would create in the California Legislature. I is a virtual certainty they did not forsee another consequenc That is that in applying the same rule to other lesser levels of government they would create entire areas within the state's counties which would be left without representation. But that is exactly what the decision has done. Counties like Monterey, San Diego, San Bernardino and Riverside have population densities centered in one small part of the county. In such situations the supervisors are elected by the population centeres and are usually residents of the densely populated portions of the county. This leaves the rest of the county with the short end of the stick. The people in southern Monterey County are working on a means to correct this situation which is most intriguing. They are out to split their county in two. Bids opened on road jobs Bids have been opened by the California Division of Highways on projects in Nevada and Sierra Counties. The Nevada County job is repairing a bridge abutment at the Yuba Pass overhead on Interstate 80 about four miles east of Emigrant Gap. Low bidder was Owens Construction Co., San Jose at $18,592.40, In Sierra County the work -will entail placing rock slope protection along Route 49 where the highway runs close to the North Yuba River. The site is five miles east of Downieville near Camp Yuba. Eight bids were received with the low bid submitted by California Landscape and Erosion Control Co., of Marysville, at $57,840,

2 The Nevada vuunty Nugget Wednesday, Aug. 23, 1972 . “Notes off the Cuff” By P. L. Smith ff any copies are yet to be had, do try to get one of the booklet entitled ‘‘Residential Burglary and What To Do About It?’, . .which offers helpful hints for making one’s residence, business or other property safe from burglars or other type culprits. Written in both English and Spanish, it may possibly be obtained from Liaison Office, California Council on Criminal Justice, 1927 13th Street, Sacramento, California 95814. A handy, practical_ little hunk of reading matter to have around the place! Well, the Fair Fun starts tomorrow .. and guess who’s gonna be there bright andearly? Yep. . wouldn’t miss a minute of it for any reason short of the proverbial ‘“‘hell and_ high water”, Although [ll tell you one thing that I wouldn’t admit to just any old body. . .that little train that does . . is gonna do it for me over quite a few miles of walking this time around. Handy little gimmick is that little train, and I shall make good use of it point to point around the grounds. And, speaking of the fair grounds. . .they are really beautiful this year. You’ll be pleasantly surprised I guarantee. Another nice thing about our fairgrounds is the location so close to the heart of things“in Western Nevada County.. don’t know what the folks over on the Eastern side of the mountain think about it, but then I don’t know many foks over thataway yet. I just appreciate the ‘nearness’? of McCourtney Rd. (For purely personal reasons, I should add.) Oh, yes. . .wait until you geta look-see at the Fair Premium Book covers this year. . .the new logo and art work have combined to add a lot of sparkle to the publications related to the fair ..congrats to those responsible .. you’ve come out winners this year. . NEVADA COUNTY NUGGET 301 Broad Street Nevada City, Ca. 95959 Telephone 265-2471 PUBLISHED EVERY WEDNESDAY BY NEVADA COUNTY PUBLISHING CO. Second class postage paid at “Nevada City, California. Adjudicated a legal newspaper of general circulation by the Nevada County Superior Court, June 3, 1960. Decree No. 12,406. Subscription Rates: One Year .. $3.00 Two Yeors .. $5.00 _ Member of CALIFORNIA NEWSPAPER © PUBLISHERS ASSOCIATION Do you ‘remember when’? the old carnies used to include those watered down versions of ‘flesh shows” in their county fair rounds? The ones that used to advertise in such gaudy fashion attractions “‘direct from Broadway” or “imported from Gay Paree’’, .or some other seaport never seen by the warmedover gals who hacked out their routines night after night for the edification of the ‘tyokels?”’ Finally, and fortunately, a few years before the Second World War Americans got smart and put the majority of the operators of such low-grade entertainment out of business as far as County Fairs were generally concerned, I can recall, well, many incidents connected with those carnival concessions that took a lot of the fun out of a lot of lives back in those ‘‘good old days.” County Fairs today are too wellorganized and policed, and their viewers are, for th most part too sophisticated to be conned into wasting good money on such shoddy pretenses at entertainment. It is going to be a very satisfying Fair this year.. there’ll be no put-ons, no putdowns, and no problems. . . just great fun from start to finish. See you there! Vandalism and burglaries in Nevada City A display window at the Mush Room City Antique Shop was smashed, two garages were entered, and women's clothing was removed from a line in Nevada City during the past weekend. The plate glass window was smashed with a heavy instrument and an antique water pipe of the opium type was removed late Saturday or early Sunday, Police Chief Jim Moon said. . Dr, Lewland Lewis Monday reported that wine, fruit, a glass bowl and other items had been taken from his unlocked garage facing West Broad Street, some ’ time Sunday night. The owner of : Pearl's Cafe told officers that her garage had been broken into, but said no items are known to be missing. A man described as about five feet, 10 inches tall and wearing a white tee shirt and levies reportedly snatched women's clothing Sunday from a clothes line in the Clay Street area. About 20 people were booked into the county jail for a variety of charges. Some were serving weekend time. The other alleged offenses ranged from assault with a deadly weapon through charges connected with drinking and marijuana. The sheriff's department, police departments and California Highway Patrol were the arresting agencies. Lawrence Harlow Kibby, 21, Sacramento, is accused of assault with a deadly weapon. The sheriff's department arrested him on Bowman Road. ‘Carmen fire timber loss is $600,000 Tahoe National Forest officials have anticipated that Carmen, anearly two-week old blaze on the eastern slope of TNF, will be controlled by late this morning. Lightning touched off10 forest

fires Aug. 8. Others were quickly handled but Carmen _ has blackened 2,200 acres and destroyed 10 million board feet of timber, TNF spokesman Joe Firebaugh said this morning. According to Firebaugh the dollar timber loss now is estimated at $600,000, somewhat lower than_the preliminary figure, Sierraville district rangers are cruising the burned area and there are hopes of salvaging about four and a half million board feet. Watershed damage has been estimated at $52,500. Plans already are under way for re-seeding and reforestation programs. An unusual weather pattern of high gusty winds several days in a row was blamed for the bulk -of control problems. Flames came within 100 feet of microwave stations atop Beckwourth Peak near Portola, but caused no damage to the stations. Mop-up will continue for some time after control is reached. The fire camp on the Plumas Forest side has been closed down. All operations now are being conducted out of the TNF camp near Calpine. This morning a 14,000 foot water supply line from Portola reached mop-up lines. This will furnish water for tankers to continue extensive clean up work. The system includes four pumping stations and is a new approach to mop-up, Firebaugh said. Bill Turpin, district ranger from Oroville, was in charge of installation. Dodini drops taxpayers in board suit Herbert Dodini has filed an amended complaint in his Superior Court action against individual members of the board of supervisors, county counsel and the auditor controller and fiscal agent. Dodini originally filed the suit in behalf of himself and taxpayers, In the amended complaint the taxpayers were dropped. The amended version satisfies technical demands of demurrers. The complaint accuses Dean Lawrence, Ralph Buchanan, Bot Long, Larry Filer, and Willie Curran, the five-member board and Leo Todd and John Trauner, county counsel and auditorcontroller fiscal agent, respectively, of acting against the best interests of the county. Last July Superior Court Judge Edmond Manwell sitting in Nevada County ordered that all demurrers in the civil suit be heard at the same time. FE ED Pe oe EE, SPITS E TEM ET PTT OF TN IC a eT ee a 979707070 7070707070707070707070707070"076-07010.0. 0.00.0, 0.0.0.0, 9,0,0,0.0,0. 0.0.0.0 0.0.0, -.see eee enero tere tor rere 50.050. 0 none ennta tata ta tate ew ee ee ee eee 0 OO O00 00 0.0.0.9.0.0.0.0. 0.0.8. 0.0 100 0 6 a ots 5 ghe Joe cow So clasasatasahseuegseasge.e SSN ie BO 016-06 7850 debra are’ ceatotatatatetstatetinctsts*ceaSahie,*.8.8.8.8.0.¥. 0 losis t a ee ee hh ad a ad a ED ee eS Se a I PN BB he hh he oS eeecesestetateteteteteteteteteterene tatataratatntuon0.0 © 00 00 wee wa ararn spine 0n%.92029.9.0.9.0. 0.0.0.0. 0. 0 ore ene erererelereretete LEGISLATION RY THE COURTS The Congress at one time had-a committee with the wonderful name of the Select Committee on Legislative Oversight. It was appropriate for no matter how careful the lawmakers may be in enactments, the ultimate effect of their work develops unintended ramifications which then must be corrected by amendments. This is the basic reason that the Supreme Court is out of bounds when it endeavors, through its rulings, to invade the legislative field. The founding fathers foresaw the dangers and provided for three separate and distinct branches of government, the legislative, administrative and judicial, To the latter was given the job of ruling on points of law as it was written. It was never intended to grant power to the judiciary to write laws, . ~ Any logical consideration of the reasons why this must be so can only bring one to admire. the wisdom of the nation's founders. Laws to be respected and enforceable must have the support of the populace. Anything to the contrary can only result in anarchy or revolution. Laws, to contain this quality, must only be made by those truly representing the people and wholly responsive to their will, It is undoubtedly this rationale which led the Supreme Cout in’ the first instance to hand down its "one-man one-vote" decision. But the Supreme Court is not representative of the one-man one-vote rule. Therefore it is not qualified under its own terms to legislate. Justices do not stand for election. They do not represent districts on equal population divisions. They are not subjected to public opinion. Neither do they get the benefit of the full scale deliberations which mark the passage of legislation. Cloistered in the sanctity of their chambers they are far removed from the people. They are out of touch with the world. They cannot forsee the consequences of legislative action. An excellent example of this absence of vision relates to the Supreme Court "one-vote'' decision which compelled the reapportionment of the California Senate. The Legislature of this state was patterned in the same manner as the Congress, The Assembly, like the House, was apportioned strictly according to population. It's Senate, like the U. S. Senate, was apportioned to give representation to the rural areas, populations not withstanding, The Supreme Court ignored the Congressional basis for this and ordered California to reapportion its Senate in the same manner as the Assembly. In doing so the Court disregarded the fact that in a state like California, areas larger than some states would be left without representation. They also ruled that community of interest was not important. The resulting district hodgepodges have men from the coast representing the valley and vice versa, Imperial County must depend upon a San Diegan for its representation. The elected representative devotes his time to the populated areas and ignores those in sparsely settled regions. He loses touch with them. They do not have representation. Since the reapportionment of the State Senate the Legislature has become progressively mired down in bickering and petty partisanship to the point things are at a virtual standstill. It is a safe bet the Justices did not forsee the disaster their decision would create in the California Legislature. I is a virtual certainty they did not forsee another consequenc That is that in applying the same rule to other lesser levels of government they would create entire areas within the state's counties which would be left without representation. But that is exactly what the decision has done. Counties like Monterey, San Diego, San Bernardino and Riverside have population densities centered in one small part of the county. In such situations the supervisors are elected by the population centeres and are usually residents of the densely populated portions of the county. This leaves the rest of the county with the short end of the stick. The people in southern Monterey County are working on a means to correct this situation which is most intriguing. They are out to split their county in two. Bids opened on road jobs Bids have been opened by the California Division of Highways on projects in Nevada and Sierra Counties. The Nevada County job is repairing a bridge abutment at the Yuba Pass overhead on Interstate 80 about four miles east of Emigrant Gap. Low bidder was Owens Construction Co., San Jose at $18,592.40, In Sierra County the work -will entail placing rock slope protection along Route 49 where the highway runs close to the North Yuba River. The site is five miles east of Downieville near Camp Yuba. Eight bids were received with the low bid submitted by California Landscape and Erosion Control Co., of Marysville, at $57,840,