Des Moines Tribune from Des Moines, Iowa • 1

A remarkable TV series THE TV PAGE (11) No school? Let's play! THE BACK PAGEPICTURES WEATHER Cloudy tonight and Wednesday with a chance of snow. Low in the teens tonight; high near 20 Wednesday. (DETAILS: Page 19.) on Des Moines, Iowa, Tuesday, January 5, 1982 Two Sections Copyright, 1M2, Dtt Mokm RtfliJtw md Tribune tentMnv (USPS 154-MO) Price 25 Cents A new night for cage action THE SPORTS PAGE (13) GireatiioBl Us I 'ri ri -y (h j'K'jy-LrZi. -v Fleeing flood tragedy in California two recent snowstorms, people in of rain fell in an 18-hour period, and flood waters came op so quickly that a flood Monday. Here a police of ficer many were trapped in their homes and had to await rescuers.

Mudslides near to be evacuated. Nearly seven inches San Francisco have killed numerous persons. hunt bodies under mud Roads leading to the area near San Pablo Creek were under 5 feet of water, so rescuers were forced to use helicopters and rowboats to reach the'150 passengers. California Gov. Jerry Brown was expected to declare a state of emergency today in Marin County near San Francisco where 12 inches of rain in 24 hours washed fancy homes off hillsides and caused an estimated $30 million damage, Two feet of snow fell Monday night on top of 8 feet already on the ground in the Sierra Nevada, closing roads across the mountain range.

The U.S. Forest Service triggered more than 100 intentional snowslides in an effort law LITTLE ROCK, ARK. (AP) A federal judge today struck down Arkansas' creationism law, ruling that it violates the constitutional separation of church and state. U.S. District Judge William Overton declared that the purpose of the legislation was to advance in violation of the First Amendment prohibition against laws that advance or inhibit religion.

"The argument that creation from nothing does not involve a supernatural deity has no evidentiary or rational support Indeed, creation of the world 'out of nothing' is the ultimate religious statement because God is the only actor," said Overton in his much-awaited ruling The American Civil Liberties Union on behalf of 23 plaintiffs had challenged the law, which was to take effect next fall. It would have required public schools that teach the theory of evolution to give balanced treatment to the theory known as creation science. Overton presided over a nine-day trial last month that drew international attention because of the growing creationism movement A similar law awaits a court test in Louisiana. The state had said that if it lost it probably would appeal to the 8th U.S. Circuit Court of Appeals in St Louis.

Creationists generally believe that Earth was created suddenly and no more than about 6,000 years ago. Evolutionists contend scientific evidence shows that life began several million years ago and that Earth is billions of years old. Many creationists insist their view does not require belief in God, and Utility to suit, OECs By Chuck Hawkins If the Iowa Commerce Commission agrees to a settlement between its staff and Iowa Power and Light customers of the utility soon should receive refunds averaging at least 45. The Commerce Commission ordered Iowa Power to refund $16 million to its customers for electric and natural gas overcharges dating to 1979. But Iowa Power challenged that refund order in a lawsuit filed in Polk County District Court in October.

In a stipulated agreement between Iowa Power and the commission staff signed last week, the utility agreed to drop its suit and "promptly" file a proposed refund schedule. In exchange, the settlement allows Iowa Power to boost its rate of return, or profit level for common stock to 15.166 percent in the fiscal year that began last June 1. The Commerce Commission had granted a profit level of 14.25 percent for the calendar year that began Jan. 1, 1981. Also, Iowa Power agreed in the settlement not to file for a new rate increase before July 1, 1982.

The Commerce Commission scheduled a hearing for next Tuesday to let other parties involved in the' Iowa Power rate case, testify about whether they think the settlement is satisfactory. A final commission decision should follow shortly afterward. Iowa Power spokesman David Weiss said today that the company still believes the commission made OOWEl An that the law forbade use of religious writings in the classroom. But in his 40-page decision, Overton said that even though the law says it is not intended to advance religion, the only inference that can be drawn from the circumstances under which it was drafted and passed is that the purpose was, in fact religious. "It was simply and purely an effort to introduce the biblical version of creation into the public school curricula," Overton said.

Where the law defines creation science as including separate ancestry of man and apes, the statute makes "a bald assertion. It explains nothing and refers to no scientific fact or theory," Overton said. He said creationist methods in the realm of science differed from those of other scientists. "The creationists methods do not take data, weigh it against the opposing scientific data and thereafter reach conclusions. Instead, they take the literal wording of the book of Genesis and attempt to find scientific support for it" the judge said.

Overton said the creation account defined in the law obviously comes from the book of Genesis. The definition of creation science conveys "an inescapable religiosity," he said. The Arksansas statute is known as the Balance Treatment for Creation-Science Act It was approved with little debate in the state legislature during the final days of the 1981 session. Gov. Frank White signed it into law last March and later said he had not read it During the trial, ACLU attorneys argued that the law is too vague, violates the constitutional separation of church and state and infringes on academic freedom.

drop refunds incorrect decisions in arriving at the $16-million refund figure. He said the company feels the $84 million it collected in higher electric and natural gas rates are all justified. But Weiss said company executives decided "it was time to bring the case to a conclusion. And there is a second obvious reason: We could have lost the court case." Weiss said he has "no idea" what the court case cost Iowa Power. Last week another Iowa Power spokesman said the company was considering dropping its court challenge because of the interest expenses that were piling up on the unrefunded money.

Commerce Commission rules require that utilities pay interest at rates tied to recent Treasury bill yields. The interest rate on refunds today is 19.5 percent Weiss said that means the average refund most likely will be in excess of $45 per customer. He said the company will propose that it be paid as a bill credit rather than In individual checks. A final matter related to the Iowa Power rate case remains to be decided. That involves whether customers should be required to pay for the entire $52-million investment of Iowa Power in a coal-fired electric generating plant near Ottumwa that began service last year.

The company has acknowledged that a reduction in the rate of growth for electric demand makes the Ottumwa plant output unnecessary to meet present demand. in shot after Letze said the man with the gun swung it out the window and shot Randolph. "I'm hit" Randolph yelled to Letze and Toomey. Letze dived into the cab of the pickup truck, on top of Toomey, who already had jumped back in, and slid to the floor of the vehicle. Letze said he recognized one of the men in the car as being one of the men he had seen earlier at the tavern.

"Kenny ran to a pillar by the YWCA," said Letze. "We took him to the hospital. He was real sore but we AP PHOTO to reduce the danger of accidental avalanches. "I've never seen steady snow this severe," said Brady Hodge, marketing director for Lake Tahoe's Heavenly Valley ski resort, which shut one side of its mountain because of too much snow. Winter storm warnings were posted today in the mountains of central and northern California, all of Utah, southwestern Wyoming and the Colorado Rockies.

The snow produced hazardous driving conditions in Arizona and forced the closing of Storms Pleose turn to Page Eight car chase didn't know at first how bad he'd been hit We called his folks and his wife." Later, at the hospital, Letze saw i. nr. 1 L.J nanuuipu wuunus. ii juai like a rabbit that's been hit by buckshot. And it was a pretty close pattern." Letze said he hadn't any idea why, the man in the car was shooting at: their pickup.

No arrests immediately were reported, but police said they had some leads in the case. Another patron of the tavern said he knew who the gunman was. chute, trying to loosen a few rocks at a time. Police and rescue squads from Winterset and Earlham were notified of the accident about 10:35 this morning. Iowa State Patrol troopers and medical workers also were at the quarry, on Iowa Highway 92 a few miles east of this Madison County town, which is the county seat.

Sgt Vera Foughty of the patrol post In Osceola said the two men were on top of the holding bin, trying to free rock that was stuck and blocking a chute. The rock suddenly broke loose, "and went down with the guys," Foughty said. The Life Flight helicopter was on hand to fly the men to Iowa Methodist Medical Center in Des Moines. More snow, cold expected Although temperatures were slightly warmer this a rapidly moving cold front is expected to bring back low temperatures, strong winds and more snow tonight and Wednesday. Lows this morning ranged from below zero at Marshall towa to 13 at Council Bluffs.

After a morning low of degrees, Des Moines reported 30 at noon. While iowans shoveled out from Vallejo, were being rescued from helps some of the 2,000 persons who had Rescuers By Die Associated Prist Rescuers today found the bodies of six persons buried in mudslides near San Francisco, and authorities said five other persons including three children were missing and presumed dead in one of the worst storms of the century in northern California. The children were feared buried inside their home in Pacif ica, south of San Francisco, after the dwelling was crushed by a huge mudslide. "I don't see how they could have survived," Pacifica Fire Chief Cal Hinton said today as crews frantically dug through the debris in an effort to reach Billy Valez, 9, and his sisters, Michele, 14, and Melissa, 4. New adviser is short on experience WASHINGTON, D.C.

(AP) -President Reagan, opting for a national security adviser with more authority than he gave deposed Richard V. Allen, is turning to a long-time confidante with little experience in foreign affairs. The president carried out the first major personnel shakeup of his administration Monday by naming Deputy Secretary of State William P. Clark Jr. to replace Allen, whose resignation was "mutually agreed upon." At the same time, Reagan said Clark, 50, would be given daily access to the Oval Office, something Allen lacked.

Allen had reported to Reagan through presidential counselor Edwin 1 RICHARD V. WILUAM P. ALLEN CLARK JR. Meese who coordinates domestic and foreign policy. Clark, a former California Supreme Court justice, was Reagan's chief of staff when Reagan was governor of California and is one of the most senior members of the president's inner circle He began work today in the same White House basement office Allen used.

White House spokesman Larry Speakes said he took part in briefing Reagan before the president's meeting with West German Chancellor Helmut Schmidt Clark later also took part in the session with Schmidt, as did Secretary of State Alexander M. Haig Jr. and the German foreign minister, Hans-Dietrich Genscher. Clark's lack of knowledge of foreign affairs stirred protests last year at his confirmation hearings for the State Department post He couldn't come up with the name Security Please turn to Page Eight Hinton said their home was crushed Monday after a 250-foot slice of hill behind it tore loose, knocked the second story off a nearby dwelling and sent it crashing into theirs. He said that when fire crews ripped off the roof of the children's house, they saw only mud.

Near Oakland, meanwhile, the storm is being blamed for the derailment Monday of Amtrak's San Francisco Zephyr. The train, bound for Chicago via Iowa, slipped off the track about a half -hour after pulling out of the Oakland station. Some 13 passengers were hurt in the accident, but none seriously, according to spokesmen at two nearby hospitals where the injured were treated. D.M. man By Tom Alex A Des Moines man was hit by a shotgun blast following a frenzied car chase across the city early this morning.

Kenneth Randolph, 22, of 1610 E. Sixteenth St. was listed in good condition at Iowa Lutheran Hospital later in the day, suffering from pellet wounds to the left flank, chest and arm. Randolph and two friends, Gary Letze, 20, and John Toomey, 21, bad been at a tavern on the east side and had left at closing time. According to Des Moines police, Randolph had words with one of the other patrons, but "nothing of any consequence." Letze tells what happened next: "We left Hard Times (tavern) about 1:30 and (a short distance away) noticed a car was following us.

It was pretty close. Kenny was slowing down for a hill when we heard someone firing at us. We could hear the BBs hitting our pickup." According to Letze, Randolph drove faster and tried to lose the car and the man who was shooting at them. By the time they reached the downtown area west of the Des Moines River, the man in the car had fired about a dozen shots at the pickup. "We tried to get help on the CB," said Letze, "but everyone must have been asleep.

Kenny was speeding and running red lights hoping a cop would see us. No luck. "They passed us at the YWCA (on Grand Avenue). We were going real, slow. We were trying to get the license number.

Kenny jumped out to get the license plate number. He said, 'Jump out, Gary, so I jumped cut Bus driver radios for help; found dead ATLANTA, GA. (AP) A bus driver who radioed her superiors for aid during an attack was found raped and stabbed to death in her bus. A spokesman for the Metropolitan Atlanta Rapid Transit Authority identified the victim of Monday's 8:30 p.m. attack as Marjorie Melley, 35.

The bus was found in a church parking lot about a half hour later. Mrs. Melley was Inside, dead. Frantic bid to save 2 in gravel bin BULLETIN WINTERSET, IA. Two men were freed shortly before 2 o'clock this afternoon after being trapped for more than three hours under tons of crashed rock at the E.

I. Sargent Quarry east of here. One, identified as Floyd Wagley, was alive. The other, said to be Russell Staley, was reported dead. Ttw Trlbunt'i lowi Newt Strvk WINTERSET, IA.

Rescuers worked feverishly this afternoon to free two men trapped under as much as 60 tons of crushed rock inside a gravel des moines bin at the. E.I. Sargent limestone quarries east of here. WintWMt There were con flicting reports from the scene about the condition of the men, identified as Floyd Wagley and Russell Staley, employees of the quarry. But at about 1:30 p.m., Leah Cellan, a daughter of Wagley, said her father was alive and talking to rescuers.

There was no direct word of Staley's fate. Officers at the scene said the legs of one of the men were dangling from the bottom of a chute used to load rock into trucks. Rescuers working gingerly so as not to touch off a massive slide, poked poles up through the bottom of the Advice Page 16 Editorial Page 12 Movies 6 Basinets 18 Sports Page IS Obituaries 19 Comics 10 TV Page 11 The Record 19 4.