The Eighties: Tuesday, November 4, 1986

Photograph: Eugene Hasenfus speaks at his trial in Managua, Tuesday, November 4, 1986. (AP Photo/Valente Cotera)

The Democrats won control of the Senate yesterday, dealing a major blow to President Reagan, who had criss-crossed the country pleading for a Republican victory. Sweeping through the South and picking up key farm states, the Democrats were guaranteed at least 54 seats in the new Senate. Bob Dole, the Senate Republican leader, said the Democrats could have won as many 55 seats. The Democrats, who won in the face of an overwhelming Republican financial advantage, will take control of all committee chairmanships and gain the power to put a brake on Mr. Reagan’s effort to reshape the nation’s judiciary, including the Supreme Court. They were also expected to clash with the President over military spending and arms control. Republicans feared that the shift in the Senate could lead to stalemate on Mr. Reagan’s programs.

“I think it’s going to be a difficult period for the President,” said Senator Paul Laxalt, Republican of Nevada, who is a close friend of Mr. Reagan. “This will be awkward.” Mr. Reagan refused to comment on the outcome of the election when he left Los Angeles to return to Washington yesterday. The Democrats defeated Republican incumbents in Alabama, Georgia, North Carolina, Florida, North Dakota and South Dakota. They took seats where Republicans had retired in Maryland and Nevada. In California, Senator Alan Cranston, a Democrat, turned back a strong challenge from Representative Ed Zschau. In Colorado, Representative Timothy E. Wirth, a Democrat, won a narrow victory over Representative Ken Kramer. Mr. Wirth was defending the seat of Senator Gary Hart, who is retiring to run for the Democratic Presidential nomination in 1988. Consolation for G.O.P. The Republicans picked up one seat from the Democrats in Missouri, where former Governor Christopher Bond defeated Lieutenant Governor Hariett Woods. The Republicans were consoled by picking up at least six governorships.

Despite a strong push in the closing days of the campaign, President Reagan was unable to hold enough of his supporters in the Republican column to retain control of the Senate, and he had only partial success in his effort to make the Republican Party fully competitive in the South. According to a New York Times/CBS News poll of thousands of voters who had just cast their ballots yesterday, one of three self-described Reagan supporters voted Democratic despite the President’s entreaties in perhaps the last campaign of his career, but only one Reagan critic in six voted Republican. The White House had hoped for much better. The Democrats, who have been losing strength in the South and West for the last two decades, made a strong comeback in those regions in voting for the Senate and the House of Representatives.

Although they lost control of the Senate, Republicans made major gains in governorships yesterday, especially in the South where the party’s candidates won in Alabama, Florida and Texas and South Carolina. They also held the governorship of the nation’s most populous state, California, and picked up seats held by Democrats in New Mexico and Arizona to broaden the party’s base in the Sun Belt. In Alabama, Guy Hunt defeated Lieut. Gov. Bill Baxley, becoming the state’s first Republican Governor since Reconstruction and an unlikely successor to Gov. George C. Wallace, a four-term Democrat who once symbolized the state’s resistance to racial desegregation. Gov. John H. Sununu of New Hampshire, chairman of the Republican Governors Association, predicted last night that his party would realize its goal of picking up from six to nine governorships, an outcome that would significantly strengthen their party’s power base in a realm long dominated by Democrats. Democrats currently hold 34 governorships and Republicans 16.

Governor Cuomo was elected to a second term yesterday by a record margin that gave him a solid base for a Presidential campaign if he wishes to seek the Democratic nomination in 1988. Senator Alfonse M. D’Amato also won a landslide victory, over Mark Green. New York voters gave Mr. Cuomo two-thirds of their votes in his race against Andrew P. O’Rourke and a plurality of 1.3 million votes, both records for any campaign for governor in state history. They then switched party lines for the Senator. With his decisive victory, Mr. D’Amato has said he will take a more active role in efforts to revive the Republican Party in the state.

With his landslide re-election victory, Governor Cuomo faces increased pressure to make a decision on running for President in 1988. In interviews, a dozen independent political strategists said he should publicly commit himself by February or March if he is to have any real chance at capturing the Democratic nomination. But they, like his staff, believe he might be able to delay a bit because of advantages over other candidates in name recognition and in ability to raise money. “He is a very big player and is already taking up a lot of room in the ’88 picture,” said Thomas E. Donilon, who managed the selection of convention delegates nationally for the campaigns of Walter F. Mondale and Jimmy Carter.


Foreign ministers from most of the 35 nations that signed the Helsinki accords in 1975 today inaugurated the third full-dress conference to review and strengthen the document. The Helsinki accords effectively ratified the postwar boundaries of Europe and mandated respect for human rights. The Conference on Security and Cooperation in Europe, which embraces all the European nations except Albania as well as the United States and Canada, opened today amid expectations that American and Soviet delegates will use it as a backdrop to clarify and possibly advance the discussions at the summit meeting last month in Iceland. Secretary of State George P. Shultz, who is scheduled to arrive here early Wednesday with a high-ranking delegation, will hold a first meeting with his Soviet counterpart, Eduard A. Shevardnadze, in the afternoon at the American Embassy.

After nearly eight months of the power-sharing arrangement known as “cohabitation,” real authority and initiative in France have fallen into the hands of Prime Minister Jacques Chirac, officials and others say. They add that President Francois Mitterrand, a Socialist, has come to play a secondary role to the conservative Prime Minister. The events of recent weeks, in particular the intense French efforts to deal with terrorism, have seen Mr. Chirac moving to the forefront in France’s unusual two-headed ruling arrangement, which began when a coalition of conservative parties led by Mr. Chirac won a parliamentary majority in elections in March. Mr. Mitterrand, by contrast, has remained largely in the background, speaking only once in recent weeks to indicate apparent disagreement with some of Mr. Chirac’s policies.

The Hungarian Government of Janos Kadar today modestly recalled its origins in the provincial town of Szolnok where it proclaimed itself 30 years ago as Soviet tanks rumbled past to quell a popular uprising in Budapest. Mr. Kadar, 74 years old, the party leader, did not attend the commemorative ceremony at the local council hall where the Soviet-supported Government had first gathered protected by Soviet soldiers. As a public occasion, the ceremony was overwhelmed and muted by the national flags, red banners and posters of Lenin being installed all over this country to celebrate the anniversary Friday of the Russian Revolution. “For us this is not a festival,” said Janos Berecz, a party secretary who was the main speaker here. “Because the Hungarian experience of 30 years ago includes bitter memories, we lower our flags modestly when we mark the day, and we do not make it a holiday.”

Italy instituted a series of sweeping reforms of the country’s prisons, including rights to “vacations” for model inmates and sentence reductions for many prisoners. Parliament last month approved the penal reforms. About 250 inmates reportedly were released immediately, and as many as 5,000 others could follow as part of the reforms. Under the new legislation, inmates serving life terms who meet certain requirements will be eligible for 45 days’ annual leave after 10 years, to be taken in two-week “vacations.” After serving another 10 years, prisoners become eligible for a program that frees them during the day but requires them to return at night.

Prime Minister Yitzhak Shamir said today that Israel “has its reasons” for not saying anything publicly about the fate of a missing nuclear technician, who reportedly sold the secrets of Israel’s atomic arsenal to a British newspaper. When Mr. Shamir was asked today by reporters why his Government had not responded to the news reports suggesting that the nuclear technician, Mordechai Vanunu, was abducted by the Mossad secret service and brought back to Israel soon after he sold his story to The Sunday Times of London, he said, “It has its reasons.” “The Israeli Government will say what she thinks is correct and will fulfill all obligations toward her citzens,” he said.

Dozens of Israeli leftists plan to meet with officials of the Palestine Liberation Organization in Romania today, risking jail to challenge a new law banning such contacts. The law passed August 6 provides three-year prison terms for Israelis who meet with representatives of terrorist organizations, a definition Israel applies to the PLO. Prime Minister Yitzhak Shamir called the meeting “pointless,” and Israelis making the trip were warned they face prosecution on their return.

The worst clashes between Palestinians and Shia Muslims in Beirut in six months left at least 17 people dead and 60 wounded, police and Palestinian sources said. The deaths came when Palestinian guerrillas and the Shia Muslim militia Amal exchanged mortar, rocket and machine-gun fire at the Borj el Brajne refugee camp. Seven children playing outdoors were killed and 12 people, mostly women shoppers caught in the open, were wounded when two shells landed inside the camp, the sources said. Police said 10 people were killed and 50 wounded when mortar shells hit crowded Shia residential areas around the camp.

The Anglican go-between in the Lebanon hostage affair said today that there were “reasonably strong” expectations that the release of two more Americans held there might be imminent. The envoy, Terry Waite, said he expected his Middle Eastern contacts to give him information about a possible release of Terry A. Anderson, chief Middle East correspondent of The Associated Press, and Thomas M. Sutherland, dean of agriculture at the American University, “in the next 24 hours.” Mr. Waite, a special emissary of the Archbishop of Canterbury, came to Wiesbaden on Monday accompanying David P. Jacobsen, 55 years old, the former director of the American University Hospital in Beirut. Mr. Jacobsen met members of his family in an emotional reunion after his release from nearly 17 months of captivity.

[Ed: Terry Waite, of course, will soon learn all he wants to know and more about the kind of people he is dealing with. In January, after he agreed to meet the captors of the hostages as he was promised safe conduct to visit the hostages, who, he was told, were ill, Waite himself became a hostage. Waite remained in captivity for 1,763 days, the first four years of which were spent in solitary confinement.]

The Iran-Contra mess began to unravel in the media. Iran said today that Robert C. McFarlane, the former White House national security adviser, and four other Americans recently went to Tehran on a secret diplomatic mission. The official Iranian press agency, quoting the Speaker of Parliament, Hojatolislam Hashemi Rafsanjani, said Mr. McFarlane and his party were arrested and confined to a hotel room for five days and then expelled. President Reagan and Administration spokesmen declined to comment publicly on the reports. A spokesman for Mr. McFarlane said he was not available to comment. Some Administration officials indicated privately that the McFarlane mission occurred less than two months ago. Hojatolislam Rafsanjani’s statement came in a speech marking the seventh anniversary of the takeover of the United States Embassy in Tehran. The statement followed reports Monday that Iran had been instrumental in helping gain the release Sunday of an American, David P. Jacobsen, who had been held in Lebanon by Shiite Moslem militants for more than 17 months.

Afghan guerrillas have downed a jet fighter and up to 12 helicopters in the last three weeks, diplomatic sources said. There have been many reports in recent months that the United States has provided advanced Stinger missiles to the Muslim rebels, and spokesmen for the guerrillas say some fighters do have Stingers. In response, Soviet and Afghan helicopters and planes have adopted special evasive actions while landing or taking off and fire flares to confuse the heat-seeking missiles, the Western diplomats said.

United Nations negotiations show “no sign” of achieving the withdrawal of Soviet forces from Afghanistan, Pakistan’s Foreign Minister declared today. The official, Sahabzada Yaqub Khan, introduced the seventh Pakistani resolution in as many years calling for the immediate withdrawal of Soviet troops. A vote is expected on Wednesday. Opening the debate on the resolution, Mr. Khan said: “There is as yet no sign of an acceptable and reasonable time-frame for the withdrawal of foreign troops from Afghanistan.”

Pakistan has produced bomb-grade uranium, and it detonated an explosive device last month as it continues work on developing a nuclear weapon, the Washington Post reported. The paper quoted unidentified sources and a classified Defense Intelligence Agency report. However, officials in India. said the United States wrongly interpreted an earthquake as a nuclear test blast by Pakistan. Asked about the reports, a State Department spokesman said the United States has warned Pakistan that its effort to build a nuclear bomb would have “serious consequences,” including the elimination of U.S. aid.

A South Korean human rights activist, the Rev. Moon Ik Hwan, was sentenced to three years in prison after being convicted of sedition and instigating anti-government demonstrations. Moon, a Presbyterian minister and leader of the United Masses Movement for Democracy and Unification, was accused of inciting an anti-government campus demonstration in which a student set himself on fire and jumped from a building. He was also charged with helping to organize a riot in Inchon last May. About 50 supporters of dissident leader Kim Dae Jung, protesting Moon’s arrest, continued a hunger strike into a second day.

President Miguel de la Madrid today proposed changes in electoral laws and a reorganization of Parliament that he said were aimed at greater democracy. In response to a message to Parliament containing these proposals, an opposition coalition charged that the governing party was seeking to preserve its hold on the Government, and introduced its own proposals for changes. The rival proposals are expected to be debated in coming weeks, but since the governing party, the Institutional Revolutionary Party, has an overwhelming majority, its proposals are almost certain to become law.

The Nicaraguan rebels are planning to operate a clandestine radio station that would be as powerful as any AM-band station in the United States, according to Administration officials. The officials said the station, part of a broad plan intended to build political support for the rebels, known as contras, would be sufficiently powerful to cover all of Nicaragua. “There isn’t any way for the people of Nicaragua to find out what’s going on in Nicaragua,” said Elliott Abrams, the Assistant Secretary of State for Inter-American Affairs. “The control of the means of communication is crucial. The Sandinistas now have total control, and the resistance wants to break that.”

Hundreds of youths attacked the Malawian Embassy and the South African Trade Mission in Maputo, Mozambique today to protest the death of President Samora M. Machel in a plane crash in South Africa two weeks ago. The police fired tear gas into the crowd, but it refused to leave. The youths finally dispersed after a man who was said to be a member of the ruling Mozambique Liberation Front ordered them to leave.

South African President P. W. Botha shuffled his Cabinet today, replacing the officials responsible for security and information. The ministers who were dropped were Louis le Grange, the Minister of Law and Order, who was responsible for mass detentions and widespread police action under the nation’s newest emergency decree, and Louis Nel, the deputy minister responsible for information, who became the Government’s most prominent propagandist, Political commentators said the shifts seemed unlikely for foreshadow fundamental shifts of policy. The Cabinet shuffle was the first for several years. Although there was no immediate official response to it from black protest movements, activists said privately the moves seemed irrelevant to the concerns of anti-apartheid organizations, which are seeking fundamental change in a system that reserves political power and economic influence for whites.


The President and First Lady return to Washington, D.C.

President Reagan vetoed an airline safety bill, saying he is dedicated to making travel safer but believes the bill would be too costly and take a wrong approach to liability insurance problems. The measure would authorize appropriations for the National Transportation Safety Board in fiscal 1988 and 1989 that would be $8.7 million, or 20%, more than the amounts projected in the President’s current budget.

The 100th Congress will be tough because the issues are tough, according to leaders of both parties. The Congress elected today is the 100th, and that has the ring of history about it. But many of the problems this new Congress will face when it convenes in January are ones that have bedeviled the House and the Senate for six years, and the 100th Congress is not likely to have much more success. Even before Democratic and Republican leaders knew who would control the Senate next year they were predicting a combative session, because both branches remain at loggerheads with the White House on many key issues. “It’s not going to be an easy Congress,” said Representative Tony Coelho of California, head of the House Democrats’ campaign committee.

Federal investigators are examining the possibility that John A. Walker Jr., the confessed spy, was involved in the 1982 killing of a Navy radioman, Federal law-enforcement officials said today. The officials said that a former associate of Mr. Walker, Daniel Rivas, was brought to Washington this week for questioning about the allegation. One official said that Mr. Rivas had recounted a conversation in which Mr. Walker acknowledged killing the radioman, Pamela Ann Kinbrue. Federal investigators are divided over the allegation, with the Federal Bureau of Investigation convinced that Mr. Rivas is not a credible witness and that there is no evidence linking Mr. Walker to the unsolved slaying.

[Ed: Pamela Anne Kimbrue, a 23-year-old Navy messenger, disappeared from the Norfolk Naval Air Station base on March 25, 1982. Later, at the end of a seaplane ramp, her body was discovered floating in her submerged vehicle. She had been raped and murdered. Following a long investigation, another man, Richard Hugh Whittle, was sentenced in 1997 to two life terms in prison for the slaying of Kimbrue. A fingerprint lifted from the car matched Whittle’s, and seminal fluid from Kimbrue’s body was consistent with Whittle’s DNA.]

The head of a space agency team that inspected the shuttle Challenger before liftoff recommended that there be no launching that day because of dangers posed by heavy ice on the launching pad, according to a Congressional report released yesterday. “The only choice you’ve got today is not to go,” the official told top managers at the Kennedy Space Center in Florida. He later reversed his opinion after being assured, incorrectly, that ice was no danger. The report is the first indication that an official of the National Aeronautics and Space Administration had called for the liftoff to be postponed. Previously it was disclosed that contractors for the space agency had asked for such a delay.

The use of bolts in a shuttle booster joint, which some engineers reportedly view as unsafe, was thoroughly reviewed and extensive tests will be conducted to assure reliability, NASA officials said today. The Orlando Sentinel reported Sunday that some NASA engineers were concerned that the proposed design for the joint between the booster nozzles and the rocket casing could lead to leaks and another disaster. In the new design, 100 bolts would be used to attach the nozzle to the base of the rocket.

James Kingsbury, engineering chief at NASA’s Marshall Space Flight Center at the time of the development of the shuttle’s booster rockets, plans to retire from the space agency, officials said today. He is one of the last high-ranking officials associated with the boosters at Marshall who is still with the agency.

In a rebuff to the Securities and Exchange Commission, a Federal appeals court panel struck down today an S.E.C. rule that requires banks engaged in the securities business to register with the commission as broker-dealers. The three-judge panel held unanimously that the S.E.C. exceeded its authority in adopting the rule, designated 3b-9, and ordered that the commission be barred from enforcing it. The decision was the latest in a long series of legal battles between the banking and securities industries as each tries to encroach on the other’s traditional territory. Setback for Functional Regulation The decision appeared to be a setback for what has come to be called functional regulation — regulation based on an entity’s activity rather than on its institutional identity.

Mortgage rates fell again last month, with two Government surveys yesterday reporting rates that were among the lowest of the 1980’s. The Federal Home Loan Bank Board said rates for both fixed- and adjustable-rate mortgages fell to the lowest levels since the fall of 1983, when the agency began tracking them separately. It was the fourth consecutive drop in fixed-rate mortgages and the second consecutive decline in adjustable-rate loans.

Chief Justice Rose Elizabeth Bird of the California Supreme Court, whose resistance to the death penalty aroused a bitter campaign against her by political conservatives and prosecuting attorneys, was removed from office today by the state’s voters. On the basis of early returns and of surveys of voters interviewed at polling places, Senator Alan Cranston, a Democrat, won narrowly over Representative Ed Zschau, a Republican. In a more one-sided contest, initial returns indicated that Gov. George Deukmejian, a Republican, was routing Mayor Tom Bradley of Los Angeles, a Democrat who sought to become the nation’s first black elected Governor. In the 1982 gubernatorial race, Mr. Deukmejian, 58 years old, defeated Mr. Bradley, 68, by the slimmest margin in a major California election this century.

Texans resolved a bitter personal race for Governor today by returning a former Republican Governor, Bill Clements, to office. He defeated Mark White, the Democratic incumbent. The victory was a dramatic political comeback for Mr. Clements, the first Republican Governor of Texas since Reconstruction, who was turned out by Mr. White four years ago. “This is a historic occasion for all of us,” he told cheering supporters tonight at his headquarters here.

Winding up a week-long deportation hearing, Government attorneys today asked a judge to deport a 66-year-old grocery clerk who served as a Nazi concentration camp guard in World War II and who is accused of killing at least one elderly Jew. The grocery clerk, Bruno Karl Blach, emigrated to the United States in 1956 and settled in La Habra, a suburb of Los Angeles. He is accused of lying by not mentioning on his visa application that he had been a Nazi SS, or elite guard, at the Dachau and Wiener-Neudorf concentration camps when he emigrated. Mr. Blach did not take the stand and his attorney, Ronald G. Parker, did not present any witnesses. Mr. Parker contended that the Government did not prove its case.

The number of Federal workers and Government contractors with security clearances outside the Central Intelligency Agency and the National Security Agency was reduced by more than three-quarters of a million people last year, the General Accounting Office said today. The study by the accounting office, the investigative arm of Congress, also found that since 1981, the Defense Department had more than doubled the number of polygraph examinations, or lie-detector tests, it administers annually to its employees. The G.A.O. figures, compiled from questionnaires sent to 41 Federal agencies involved in national security matters, show that 2.2 million Federal employees had security clearances at the end of last year, or 600,000 fewer than that of a year earlier.

A proposed bishops’ statement on the U.S. economy is confused about economic rights and puts too much emphasis on the state to help the poor, a prominent Roman Catholic lay group said. The critique came a week before the bishops are to take final action on their widely discussed pastoral letter, “Economic Justice for All.” Calling the letter one-sided, the Lay Commission on Catholic Social Teaching and the U.S. Economy said the bishops “turn too readily to the state to direct economic activism, to create jobs, to determine foreign aid.”

A self-proclaimed white supremacist convicted in 1980 of bombing a predominantly black church during the civil rights battles of the 1950s goes free today after serving 3 ½ years of a 10-year prison term, officials said. J.B. Stoner, 62, was convicted of setting off a dynamite charge in 1958 that destroyed the Bethel Baptist Church in Birmingham, Alabama. No one was injured in the blast. The case lay dormant for almost 20 years before former Attorney General Bill Baxley resurrected it, obtaining an indictment in 1980.

Not long after the leader of an inner-city gang killed a teen-ager from a rival group this year, the Atlanta police moved to organize its first task force on youth gangs. For the police and community leaders, the emergence of as many as nine organized youth gangs here, a phenomenon associated in the public mind mostly with the ghettos of larger cities like Chicago, New York and Los Angeles, reflects a spreading pattern of gang activity and violence that has taken hold in recent years in many cities across the nation. In Jackson, Mississippi, two members of a gang pleaded guilty to manslaughter this fall in the slaying of a member of a rival group in a shopping mall parking lot. That was one of several shootings and assaults in Mississippi in the last year that have been linked to gangs. In Minneapolis, one of the leaders of the Disciples, a local gang, was convicted last summer of murdering a high school student. In Memphis, like Atlanta, the police set up a special unit on gangs last summer after violence broke out after a rock concert. And incidents of gang violence have also been reported in cities as disparate as Denver, Baton Rouge, Louisiana, Tulsa, Oklahoma, and Chattanooga, Tennessee.

The police are searching for at least three suspects in a string of killings of women now believed to total 18, detectives said today. The disclosure came a day after the body of a woman, believed to be the 18th victim, was discovered in the Watts section of the city. Detectives said others may be involved in the slayings, which began in September 1983 and which had been attributed to a suspect described as the “Southside Slayer.” Police Cmdr. William Booth said the recent killing had not been officially linked to the other killings, but a detective said evidence found at the scene was so similar to the other slayings “that we’re taking it very seriously.” Commander Booth would not comment on the disclosure that two other suspects were being sought, but said detectives had suspected from the start of their investigation that more than one man might be involved.

Two convicted killers scheduled to be executed Wednesday have won stays from the Florida Supreme Court. The court, voting 4 to 3 today, blocked the execution of one of the men, George Lemon, who was convicted of murdering a former girlfriend. The other man, Wardell Riley, who was convicted of killing his employer in a dispute over $30, received a stay Monday. The order halting Mr. Lemon’s execution contained no comment, but the decision staying Mr. Riley’s contained a strongly worded note from Justice Joseph Boyd. “I vote to grant the stay because I believe the evidence presented in his original trial did not overcome his presumption of innocence,” he wrote.

A camera operator testified today that John Landis, director of “Twilight Zone: The Movie,” was a tyrannical film maker who felt no responsibility for the people he used in a “very dangerous” war scene that killed the actor Vic Morrow and two children. “While I was there, I had no sense whatsoever that the people who were running the operation had any sense of care or sense of responsibility for anyone involved, whether it be actors, crew, bystanders,” the cameraman, Michael Scott, testified. Mr. Scott was one of six camera operators who filmed a Vietnam War scene in which a helicopter, crippled by a special effects explosion, fell on top of Mr. Morrow, 53 years old, Renee Chen, 6, and Myca Dinh Lee, 7, on July 23, 1982 in a rural area of Los Angeles County. Mr. Landis and four associates were later indicted on charges of involuntary manslaughter in the three deaths and are on trial in Superior Court.

A draft assessment by the Environmental Protection Agency warns that Americans could suffer 40 million cases of skin cancer and 800,000 cancer deaths in the next 88 years because of depletion of atmospheric ozone. The projection, which is still open to scientific review and is based on a continuation of current trends, says the rates for skin cancer and related deaths could be more than double those two rates today. Agency officials said that all estimates of skin cancer cases and deaths were subject to wide margins of error. The State Department, meanwhile, told United States embassies today that the Reagan Administration would propose a “near-term freeze” on manufactured chemicals that depleted the ozone. The proposal is to be put forward in Geneva next month when the industrialized nations meet to seek an agreement on control of such chemicals.

The Environmental Protection Agency acted properly when it refused to set strict limits on emissions of vinyl chloride, a cancer-causing chemical used to make plastics, a federal appeals court ruled. In a 2-1 panel decision, the U.S. Circuit Court of Appeals for the District of Columbia upheld the EPA’s decision to withdraw proposed rules governing emissions of the gaseous synthetic substance, which has been linked with various forms of cancer.

The Missouri Court of Appeals ruled that a suburban municipality could order an unmarried couple to move from their house because their living arrangement violated a zoning ordinance. The court upheld an injunction against Joan K. Horn and E. Terrence Jones, who live together in the affluent community of Ladue in St. Louis County with Horn’s two children and Jones’ child. The property is zoned onefamily residential, and the city zoning ordinance defines a family as “one or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization.”

An ousted Kiowa Indian tribal chairman and six followers surrendered to Bureau of Indian Affairs police officers who surrounded a Methodist church in Hog Creek, Okla., where they gathered. Herschel (Ace) Sahmaunt and 15 supporters seized control of the Kiowa Indian Tribal Complex at Carnegie last Thursday, protesting a scheduled tribal election. The Indians ended their siege Saturday after the election was stopped because of misprinted ballots. Sahmaunt was elected tribal chairman in June but the results were thrown out because of voting irregularities.

Spending one day in a typical American hospital room cost $212 last year, with California the most expensive state to be hospitalized in and Mississippi the least costly. Hospital room charges jumped nearly 70% over five years, on average, from a 1980 cost of $127 a day, according to statistics published by the Census Bureau. The figures were drawn from data compiled by the Health Insurance Association of America and the American Hospital Association. The health insurance association’s 1985 study of hospital room charges found that the average daily cost was $281 in California.

Bill Walsh, the coach of the San Francisco 49ers, said today that Joe Montana, who had back surgery to repair a ruptured disk seven weeks ago and was not expected to return this season, “likely would start” at quarterback Sunday when the 49ers play the St. Louis Cardinals. “I’m excited,” Montana said today at a news conference here at the team’s training facilities. “Until I test it in the game and get through it feeling fine, there will be a little apprehension. But now, I’m excited about getting to start again.”


Trading volume was brisk yesterday on Wall Street, but stock prices closed narrowly mixed as investors remained preoccupied with the outcome of yesterday’s Congressional elections. The biggest fear of the financial community as a whole, market experts said, is that if the Democratic Party gains control of the Senate, it would put up major obstacles to President Reagan’s economic policies. Those policies are generally favored by Wall Street. But Thomas Gallagher, a political economist at E. F. Hutton & Company in Washington, thinks that even if the Democrats become the majority party in the Senate, “for the most part we don’t expect the policy to change dramatically.” The Dow Jones industrial average, after scoring a sizable gain on Monday, gave back 1.82 points yesterday, to 1,892.44, in an undramatic session.

Dow Jones Industrial Average: 1892.44 (-1.82)


Born:

Brandon LaFell, NFL wide receiver (NFL Champions, Super Bowl 49-Patriots, 2014; Carolina Panthers, New England Patriots, Cincinnati Bengals, Oakland Raiders), in Houston, Texas.

Alexz Johnson, Canadian pop singer and actress (“Instant Star”), in New Westminster, British Columbia, Canada.