European Stars And Stripes (Newspaper) - April 25, 1986, Darmstadt, Hesse                                Friday april 25, 1986 the stars and stripes Page 5 High court ponders Gramm Rudman Washington up Congress violated the Constitution when it gave an unelected government official the Power to Cut Federal spending under the Gramm Rudman balanced budget Law the supreme court was told wednesday. Yet those supporting the historic measure warned the court that overturning the Law would upset a delicate Compromise aimed at putting an end to record breaking deficits that threaten the National Economy. The contrasting views were voiced during a rare two hour session of arguments before the supreme court which is expected to Rule on the Case by july. Even if the High court agrees with a lower court ruling against the part of the Law ordering How to make automatic budget cuts the measure s supporters say its goal of wiping out Federal red Ink can still be achieved. The justices overlooking a courtroom packed with spectators lawyers members of Congress and reporters Are considering the constitutionality of the Law s key provision that triggers automatic cuts if Congress and the administration fail to meet specific deficit figures. At Issue is whether Congress can give away some of its Power Over the Federal purse to the comptroller general a relatively obscure government official. The Law enacted in december requires annual budget deficits about $183 billion this year be Cut to Zero by 1991 and sets targets to be met each year. If the Congress and the White House fail to agree on How to meet the limit for any year across the Board cuts automatically kick in under a formula spelled out in the Law. The comptroller general currently Charles Bowsher would calculate the cuts required to meet the target a move critics say Means neither lawmakers nor the presi Dent would have to take the political heat. The comptroller general is the nation s top auditor and Heads the general accounting office an Independent Agency. The comptroller is nominated by the president and approved by the Senate. He can be removed from office Only by impeachment or a joint Resolution of Congress. The Law was challenged by rep. Mike Synar d-okla., and 11 other congressmen and the National Treasury employees Union. Their suits claim the Bill unconstitutionally gave Congress s budget making Powers to non elected bureaucrats and improperly mingled responsibilities of the three branches of government. A three judge panel in february agreed and ruled that part of the Law violated constitutional doctrine of separa Tion of Powers. The ruling left intact the rest of the Law and the first round of cuts totalling $11.7 billion took effect March 1. Charles Fried arguing on behalf of the president in his role As solicitor general charged the Grant of authority to the comptroller general violates the  Fried said the comptroller general is an agent of the Congress since he can Only be removed by Congress. He said the Powers Given the comptroller by Gramm Rudman belong to the executive Branch and not the legislative. East Shivers in record breaking temp erasures by the associated press Arctic air expanded its grip on the East wednesday shattering Century old temperature records from the great lakes to Flor Ida causing up to $25 million damage to tender Young fruit crops in Ohio and dump ing up to 2 feet of Snow. Schools were closed in parts of new York state and Snow and slush sent Many vehicles skidding off highways there and in parts of northeastern Pennsylvania where Snow lows had been put away for the season. The National weather service in Albany ., warned motorists to drive As if it were midwinter As the snowfall in parts of the state mounted Well past the forecast of just a few inches to As much As 2 feet. Orchard owners hired helicopters fired up blowers and smudge pots and sprayed water to protect their crops but suffered widespread damage in parts of Michigan Indiana Ohio and Kentucky with losses of up to 90 percent of some crops. But Richard Funt of Ohio s cooperative Extension service estimated the monetary loss to the state s Apple and grape crops at $20 million to $25 million. He said Ohio s Apple crop usually ranks seventh or eighth largest in the nation. There Are several growers in Southern Ohio that Are completely wiped out said Blake Gerber executive director of the Ohio fruit growers association. In Indiana s Monroe county Orchard operator Bob Musgrave said he lost about 90 percent of his Apple crop overnight and was not insured because this has Only happened two or three times in 40-some  for the second Day in a Row Low temperature records for the Date were tied or Bro Ken at More than 50 cities in 14 states from Michigan to Florida the National weather service said. Many cities had their coldest readings on record for so late in the season including the latest freezing temperature on record at Sands of time residents of new York City found themselves using their umbrellas not for the usual april showers but for heavy snowfall. A photo Birmingham ala., which hit 30 degrees. Tallahassee fla., dropped to a record 35 degrees and Miami chilled to a record 57. Chicago s Low of 25 tied a record on the books since 1873. The lows of 23 at Cincin Nati and Detroit broke records which had stood since 1875. The Low of 34 at Macon ga., Cut a full 7 degrees off the former record set in 1903. To the West of the cold air mild tempera Tures were common across the Plains. The Low at Minot n.d., was 56 degrees while Tampa fla., hit 51 degrees. Heavy Snow fell overnight in the mountains of Southern new York state and northeastern Pennsylvania. Eldred ., in the catskills near the Pennsylvania Border got 2 feet and 18 inches fell at promised land state Park near Greentown pa., in the poconos with 19 inches at slide Moun Tain ., in the catskills. At least 12 inches of Snow accumulated in parts of sus sex county in Northern new Jersey and up to 8.5 inches fell at Hackettstown just to the South. Six inches fell at Pickens w. A. The eastbound lanes of the new York state thruway East of Utica were closed for an hour by Jackknife tractor trailer rigs. In the stars and stripes 40 years ago today. April 25, 1946 the Senate military affairs com Mittee endorsed a comprehensive plan to unify the War and Navy departments in a single department. 30 years ago today. April 25, 1956 segregation was ordered halted on buses in Montgomery ala., but the police chief vowed to arrest any passenger who sits with the opposite race. 20 years ago today. April 25, 1966 some of president Johnson s great society program May Advance in Congress but Senate and House members appear determined to vote millions of dollars that he did not ask for. 70 years ago today. April 25, 1976 investigators have a theory about who kidnapped teamsters Boss James Hoffa and Hope to get enough evidence to prove it in court. Navy Home port plan hits Senate Snag Washington a the Navy s proposed Home port program ran into trouble wednesday after the Senate armed services committee staff estimated its annual operating costs would be nearly $2 billion More than the Navy has predicted officials said. The Navy says deploying its expanding Fleet in More than a dozen ports around the country would make it harder for an enemy to attack in a Pearl Harbor Type strike which devastated the Pacific Fleet in 1941. The armed services subcommittee on military construction had reportedly been near an agreement to free $79 million for Start up costs for the plan signalling the subcommittee s endorsement of the $799 million program. But senators after meeting behind closed doors decided to Call the Navy Back for More questioning about costs. We have not been Able to reach a decision on this very important Issue for the following reason that the staff estimates of operating and maintenance costs Are quite different from the estimates Given by the Navy said sen. John Warnerr a. Warner said however there Are Strong reasons for going ahead with the Home port program. Subcommittee members would not disclose the differ ence Between the two estimates but Senate sources speak ing on condition they not be identified called it substantial. According to the sources the armed services staff Esti mated it would Cost up to an additional $2 billion a year to. Berth the Navy s expanding Fleet in 13 Home ports rather than five existing bases where the Fleet is now concentrated. The Navy estimated an annual Cost hike under the program of $10 million to $18.3 million Over the current annual Cost of $3.7 billion the sources said. It was not the first time questions were brought up about the costs of the program. A general accounting office audit conducted at the request of sen. Strom thur mond r-s.c., the subcommittee chairman also said the Navy underestimated the costs. The Start up funds already authorized and approved by the Congress for 1986, have been Frozen until questions about the program Are resolved. The Money had been earmarked for the ports in Staten Island  And Ever Ett Wash