European Stars And Stripes (Newspaper) - November 3, 1988, Darmstadt, Hesse                                Page 4 the stars and stripes thursday november 3,1388 High court takes up mandatory drug tests in Case personally argued by Thornburgh Washington a the supreme court confronting drug citing in the american work place for the first time was urged by attorney general Dick Thornburgh and his tap courtroom lawyer on wednesday to uphold Manda tory tests for Many Railroad and customs service employees. The importance attached by the administration to the pair or cases was underscored by Thorburgh s participation marking the first time that an attorney general appeared before inc High court since president Reagan took  was joined by solicitor Gen eral Charles Fried. Former attorney general Edwin Meese Thornburgh s immediate predecessor observed the arguments from the Spectator seats. The eventual rulings by the court expected sometime in 19119, will not Deal with drug tests for private employees. But the decisions could have an important psychological Impact on whether businesses Wilf demand that heir work ers undergo such tests. Tests conducted by Federal state or local governments could be affected i Reedy by inc court s action. This is a Case about railway safety said Thornburgh. Who presented the administration s position in a dispute Over mandatory blood and urine tests for rail Road workers after accidents or rules Vio lations he said the Case was about the hazards created by use of drugs and alcohol by those in charge of  Thornburgh stumbled a few time when the justices asked him about some of he specifics of the Esting program. I m not going to Palm nay self off on this court As an expert Thorburgh said he last argued before the High court in 1977 when he headed the Justice depart ment s criminal division. The Brut Lime an Al Gorncy general argued before the justices was in 1900,when Benjamin Civiletti presented the Carter administration s Side in 6 nazi deportation Case. If Thornburgh encountered some problems wednesday his opponent in inc Case appeared la fare even worse. Sharp questions were repeatedly directed at Lawrence Mann an attorney for the railway workers who Sai i the drug tests Are unconstitutional because they arc incapable of proving on Lac Job impairment. Neither the alcohol nor the drug lest can demonstrate impairment he said. For example he said the tests can show residue from a drug that May have been taken by someone 60 Days ago in in privacy of their pm Justice Antonin Scalia asked if it weren t reasonable for the Railroad to want to know if someone responsible for rain safety has cocaine traces in his system. The idea Scalia continued is to pre vent someone using cocaine from driving the rain the next  Justice Anthony Kennedy sounding incredulous asked Mann the Public has no interest in knowing about chronic drug use As Long As the worker is not using drugs on duty Justice Thurgood Marshall scolded Mann for spending Loo much Lime at tacking the reliability of urine tests As opposed to blood tests you have to win on both tests to kill the drug Lesting program Marshall said aim at both of  Fried inc administration s lop court room lawyer defended inc custom service program in which urine tests Are required for anyone applying for a pro motion or Transfer to a Job involving drug enforcement. There is rather special urgent an symbolic significance in assuring the Public that an Agency responsible for pre venting drug smuggling has a drug fret work Force Fried said. The customs service is indeed entitled to take a Fine Niter to show to itself us workers and the Public that workers arc not involved in drug use he said. Fried conceded that the tests to far have turned up minimal drug abuse. He said he knew of two positive results among some 3,600 workers tested. But he said that is not  any Chance of detecting drug use is enough to justify the less Fried continued. And he added it is impossible to know How Many customs service workers were scared off from applying for key jobs be cause they knew their drug use would be exposed. Colorado officials help kick off Denver s 5th clean air Campaign Denver a the governor took the bus to work and the mayor greeted commuters at u bus Sta Tion tuesday As Denver launched its fifth better air Campaign to combat Carbon monoxide pollution produced by cars and Wood stoves. Last year the Campaign included for the first time a oxygenated fuels program for vehicles and Denver dropped from first to seventh place on the Environ mental Protection Agency s list of worst cities for car Bon monoxide pollution. This year the goals have been raised. We cannot have a healthy Colorado economically unless we keep our air clean our water clean and outland Beautiful gov. Roy Romer said at a rally on the Steps of the stale  was joined by Sens. Bill Armstrong and Tim Wirth and other state and local officials who promised. To work harder for stronger automobile standards. Carbon monoxide Levels in the mile High cily Are highest during inc Winter when cold air traps the pol Lution. And infernal combustion engines work less efficiently in inc High thin air and Emit dirtier exhaust. The belter air Campaign encourages commuters in the six county metropolitan area to leave their cars at Home at least one Day a week and on High pollution Days until the end of january. U also Calls for Wood burning bans on High pollution Days some communities have mandatory bans an others Appeal for voluntary cutbacks. The air pollution control division of the state health department announces High pollution Days and expects about 20 of them in inc three month period of the belter air Campaign. The Colorado Springs area meanwhile began the third pikes Peak clean air Campaign tuesday. That program Calls for voluntary reductions in driving and woo burning on High pollution  the mandated High oxygen fuels program service stations along the front Range will sell Only cleaner burning fuels blended with Grain alcohol or a compound called Mobe based on Ether until the end of february this year the better air Campaign Hopes to reduce raffle by 10 percent and Wood burning by 8 percent on High pollution Days. Last year it surpassed its goals by reducing traffic s percent or 3 million Miles a Day and Wood Burn ing 7 percent. The Roxy fuels program last year Cut Carbon monoxide emissions up to 9.5 percent and this year s goal is 12 percent. Last year we saw for the first time that people in the area have internalized the need to reduce driving As an air. Quality measure and in fact they were doing that across the Board not necessarily when we asked them to do it said Campaign coordinator Anne  a result we feel very  Ropwr Rode the one mile from the governor s Matt Sion to the Capitol by  wanted to show it s important for people to do what they can to say to folks it s important it makes a difference said the governor s press Secre Lair Cindy Parry enter who also took the bus to work. Mayor Federico Pena observed the Start of the Campaign by greeting commuters at a downtown bus station. Grady said the average car emits one Pound of car Bon monoxide every 11 Miles. The average Wood Bur Ning stove emits one Pound of Carbon monoxide for each hour it bums. She said she expects this year s oxygenated fuel program to reduce Carbon monoxide emissions significantly from last year because the oxygen Content in the blended fuels has been raised from 1.5 percent to 2percent. The drive also has been extended by a month. And whereas last year Mobe was the More commonly used Roxy fuel the even cleaner burning clean of is expected to tie used More this year she said. Up for Sale Chicago s so Tower the world s tallest sky Semper is of fur Sale. Sears Rodwyck and co., in an announcement released this week Bald the proposed direst Loire is part of a new corporate strategy act std by stars chairman Edward a Brennan twins drive Urbana. Iii. A the Sayles twins arc so close they have the same Driver s License number a fact that allowed one brother to use the other s name after a car Accident authorities say. Deputies. Only. Caught up with the brotherly sharing last week when they began to wonder How Ronald sates 20,had managed a moving violation while in jail. In fact it was Reginald sates who was serving a two week sentence for a previous traffic violation using his Muir u uxry Cucit m Ucaner of mint Cimic fuel i lob icons nuts Cany trickery All Way to jail i brother s name. Reginald of Urbana had Given officers moving violation charges were filed the Sayles have is traffic tickets be his brother s name and identification. Against Ronald who was supposedly in l