European Stars and Stripes (Newspaper) - January 15, 1992, Darmstadt, Hesse                                Wednesday january 15, 1992 the stars and stripes b Page 5high court eases path for new parties Washington apr the supreme court on tuesday made it easier for new political parties to place candidates on the ballot As it struck Down some restrictive Illinois election rules. Voting 7-1, the justices substantially overturned a ruling that a had it been enforced a would have kept an All Black slate of candidates off Cook county ballots in the nov. 6,1990, election. A for More than two decades this court has recognized the constitutional right of citizens to create and develop new political parties a Justice David h. Souter said for the court. The Illinois system As interpreted by that states highest court a unduly burdens that right without a compelling justification he said. In other action the court a made the Federal government a More lucrative target for people who sue Over injuries caused by negligent government employees. The court ruled unanimously that additional monetary damages May be available to a widow whose husband was left comatose because of the negligent treatment he received at a veterans Hospital in Wisconsin. At Issue was what monetary awards amount to a punitive damages barred by the Federal Law that allows people to sue the government. Justice Clarence Thomas in his first opinion for the High court rejected the Bush administrations attempt to define broadly what constitutes punitive damages. A ruled that states and counties May impose property taxes on Indian reservation land privately owned by native americans. By an 8-1 vote the justices upheld such a tax imposed by Yakima county wash., on land within the supreme court Yakima Indian reservation. But by a separate unanimous vote the court barred the county from imposing an excise tax on the Sale of such privately owned a or a a feel a land. A relaxed the rules for people who represent themselves in Federal court ruling that a Legal Brief sometimes May substitute for a formal notification that an Appeal is planned. The justices unanimously ruled in favor of William Smith who said that he was mistreated while an inmate at the Maryland state Penitentiary. Smith sued two prison administrators seven guards two state psychologists and a private doctor. In the ballot Case the Black candidates ran for Cook county offices in 1990 under the Banner of the Harold Washington party named for Chicago a first Black mayor who died in 1987. They said local democratic leaders fearing loss of support from Black voters secretly backed challenges to their nominating petitions. The Illinois supreme court by a 4-3 vote in october 1990, barred the Harold Washington party candidates from appearing on the ballot. The four justices in the majority were democrats. The . Supreme court a without addressing the underlying issues in the Case a set aside the state court ruling two weeks before the 1990 election. The Black candidates then were restored to the ballot but did not win any offices. Tuesdays ruling resolved most of the substantive issues left unanswered by the High court in 1990. The justices overturned a Rule requiring new parties in Illinois to gather 50,000 signatures for nominating petitions for county offices even though statewide candidates need unto of Only 25,0d0 signatures. The Rule required a new party to obtain 25,000 signatures in Chicago Ana the same number in suburban Cook county to run any candidate in the Cook county elections. A the state May not do this a Souter said since there is no compelling reason for requiring a new party a to gather twice As Many signatures to Field candidates in Cook county As the party would need  in the stars and stripes10 years ago Jan. 15,1982 a a Rescue team picked up the son of British prime minister Margaret Thatcher in the Southern algerian desert and brought him to safety six Days after he dropped out of the Paris to Dakar motor rally. An embassy spokesman said he was in Good health.20 years ago Jan. 15,1972 a Denmark a King Frederik died at 72. Europe a oldest monarchy passed to King Frederikus eldest daughter Margrethe 31. Queen Margrethe ii thus became the second reigning Queen in the monarchy a thousand year history.30 years ago Jan. 15,1962 a the United nations said that a group of Antoine i Zenga a personal bodyguards surrendered its arms As Congo government forces moved to crush the pro communist Leader s insurrection in Stanleyville. 40years ago Jan. 15,1952 a France Britain and the United states called for the soviet unions revised atomic proposals to be sent to the newly created disarmament commission for a thorough examination but rejected other proposals in Moscow a peace package. World War ii 50 years ago today 15 Jan. 1 a 9 �4 2 Day japanese troops Cross the Balantac River on the East Side of the Bataan Peninsula in the Philippines and near Moron on the West coast. The japanese reach the Muar River in Malaya and land Small detachments farther South. On the Southern soviet front the red army launches a Strong attack against italian forces. The German battleship Tirpitz moves to norwegian Waters. State court stops first execution set in Pennsylvania since 1962 Harrisburg a. Up the state supreme court on monday blocked the execution of a Man who was scheduled to die in the first execution carried out in Pennsylvania in nearly 30 years. Henry Fahy 34, was to have been executed tuesday night by lethal injection at Rockview state prison Centre county. The court sent the Case Back to the Philadelphia common pleas court for More hearings on the aggravated circumstances surrounding the 1981 murder of a 12-year-old Philadelphia girl. The court also voted 4-3 to Nave Fahy issued a court appointed attorney to pursue his Appeal. A essentially what will happen is he will get a Chance to be heard on All the issues he wants to raise a said Stephen Presser the american civil liberties Union Law yer who pleaded Fahys Case. A a in a e leased that the High court has finally ruled on this  at Issue is whether Fahy tortured his victim Nicolette Caserta. Torture is one of the aggravated circumstances that juries take into account when deciding whether to Fahy give a murderer a death sentence or life in prison. Fahy has admitted raping Nicolette the Niece of his Girlfriend then strangling her with a wire and stabbing her 18 times including several times in the heart. Had the supreme court not granted the stay the Federal court in Philadelphia would have convened a hearing on the matter tuesday morning and might have issued a stay itself. The victims family was Hurt by the stay. A they Are tearing us apart again. That should be against the Law a said the victims sister Phyllis Caserta Wilson. A i think he deserves to  the last person executed in Pennsylvania was Elmo Smith 38. Smith was electrocuted on april 2, 1962, for the 1959 rape mutilation and murder of Maryanne Mitchell a 16-year-old Montgomery county girl. Lawmaker charged with perjury Boston apr indictments were returned monday against a state representative who was the focus of a nationwide manhunt when he fled from Massachusetts after leaving a note acknowledging financial improprieties. Timothy of Leary who returned to the state 13 Days after he fled on oct. 31, was charged with 18 counts of perjury and stealing Money from Legal clients and Campaign accounts. Of Leary 46, was accused of taking More than $115,0 h and spending it on car and Home Loans heating Bills landscaping department store purchases and other uses. One of his attorneys said of Leary would plead innocent Quot for procedural purposes  a the has previously accepted full responsibility for the poor judgment he exercised in meeting his financial responsibilities to his family a Jerry Benezra said. But he said he believes the $115, pm estimate May be too High. When he fled of Leary left a note threatening suicide and acknowledging some financial irregularities. His family and police mounted the nationwide manhunt while investigators began scrutinizing records at the statehouse and his Law offices. Middlesex District attorney Tom Reilly said investigators found a a pattern of abuse of the Public Trust that goes Back Over three years including the intentional filing of false reports to cover up these  of Leary a three term Democrat resigned As vice chairman of the House ways and Means committee after returning to Massachusetts. He did no to return Telephone Calls monday. Perjury the most serious charge of Leary laces carries a maximum penalty of 20 years in  linked to abduction extradited source 2194 Days of War w. H. Smith a publishers inc. World almanac Book of world Nar ii Bison books corp1981 Houston up a former Houston Man who faces charges related to the abduction of his two sons in 1984 was extradited from Mexico on monday night. Charles William Quot Chuck Smith or. And his two sons arrived at Houston intercontinental Airport on a flight from Mexico City. Smith faces a state charge of interfering with child custody and a Federal charge of flight to avoid prosecution. The sons a Charles William i 13, and Christopher Jason 11 a were abducted in september 1984. They were reunited with their Mother Carolyn Shaffer Smith on monday. Both boys Are a in Good health and of a said their mothers attorney Randy Donato. The last time Carolyn Smith saw her children was on a Friday in september 1984 when her sex husband and his father picked them up for a visit Donato said. Donato said Chuck Smith fled to Florida with the boys and then went to England and Scotland. The children apparently have been living in Mexico for the last three years and spending Summers in Canada Donato said. Quot we knew they were there in Mexico. It took a lot of work trying to get All the paperwork done that would result in getting him extradited and the children Back a Donato said. Quot he was married to a mexican woman Down there which presented some  Smith and the boys lived in Cuernavaca Mexico Donato said. Carolyn Smith was awarded $53 million in damages in a 1985 lawsuit against her sex husbands father Chick Smith and other relatives. Jurors said she was wronged by a conspiracy among the relatives of her former husband to abduct the children. The award was the first in t exas under a Domestic kidnapping Law