Marianas Variety' ^ Micronesia’S Leading Newspaper Since 1972

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Marianas Variety' ^ Micronesia’S Leading Newspaper Since 1972 ¿/Marianas Variety' ^ Micronesia’s Leading Newspaper Since 1972 Vol. 20-No. 62 Sopn, MP 96950 © 1991 Marianas Variety October 18. 1991 Sewing CNMI for 19 Years 50 Ruling on linian case questionable--AG by Rafael H. Arroyo nor Lorenzo I. DL. Guerrero regarding the scope and extent to be reviewed by the highest parameters on how the initiative dated September 23, 1991, At­ of the authority granted to the court of the land,” Naraja said in process works.. The Office of the Attorney torney General Robert Naraja commission. his memorandum. Such a definitive ruling is also General has determined that its described the decision penned The trial court decision in up­ According to Naraja’s analy­ seen to clear all doubts on such filing of an appeal before the by erstwhile Chief Judge Robert holding the supremacy of a local sis of the issue, only a decision things as the priority of laws; the Supreme Court on the case it A. Hefner as “contrary to appli­ law over Commonwealth-wide from the CNMI Supreme Court scope and extent of legislation brought against the Tinian Ca­ cable law” in either the CNMI or law allegedly ignored at least can establish legal precedent to which may be enacted through sino Gaming Commission is other jurisdictions. 100 years of state court decisions secure once and for all a defini­ the initiative process; the posi- necessary, saying that the ruling He branded Hefner’s declara­ from other US jurisdictions, tive ruling on whether the initia­ C ontinued on page 24 issued out by the Superior Court tory judgment on the case as claiming that the CNMI consti­ tive is above Commonwealth- was “extremely questionable.” “not definitive,” such that there tution is different than other wide laws. remains substantial uncertainty In a memorandum to Gover- states’ constitutions. An appeal to the high court U S re p to “The trial court ignored a po­ was deemed necessary by the sition that had universal accep­ government, as represented by 9 0 2 talks tance, and accepted a position the AG, as this would give guid­ that had no legal foundation. ance to all Commonwealth-wide When a lower court takes such and local government officials named an unusual position, the only way and agencies affected by the trial A New Mexico busi- pj to ensure its validity is to allow it court’s ruling by establishing the nessman and one-time ’;| assistant Interior secretary i ¡] will reportedly be the Bush High court appeal Administration’s new ne- ;; gotiator in political status ; | is; talks with the Common- p; wealth of the Northern not meant to delay Marianas. || The Attorney General’s Of­ the government’s action a day Lou Gallegos will sue- ,: fice has flatly denied the after government attorneys filed ceed Timothy Glidden, allegations hurled by Tinian the notice of appeal. who has been President Gaming Casino Commissioner With instructions from the George Bush’s interim John Hofschneider stating that Governor’s Office, , the AG’s specialrepresentativesince ; the CNMI government filed its Office proposed to Commission February 1990. i! appeal in opposition to the Su­ attorneys Fredrick Gushin and Details of Gallegos’ ap- ; perior Court ruling on the Tinian Francis Lame Bull that a joint pointment for the Casino Gaming Commission as petition be filed at the Supreme negotiations, known as the ; a tactic to delay the establishment Court in an effort to secure a 902 covenant talks were ; of casinos on Tinian. hearing of the appeal on an ex­ sketchy Tuesday. The allegations were stated to pedited basis. Larry T. Morgan, direc- -: j Hofschneider’s correspondence If the procedure was approved tor for legislative affairs for i 1 to the Governor and to his by the high court, the appeal the Interior Department’s statements to the media. would be heard more quickly Office of Territorial and t ‘ ‘Nothing could be further from than if the parties pursued the International Affairs, said the truth,” Attorney general standard appeal process. the appointment apparently Robert Naraja said in a press Previously, one of the attor­ was announced last week : release. neys representing the Tinian by the White House. Mor­ gan said that he will meet , The lone female member of the world-famous Harlem Globetrotters ■Naraja said the Gaming group was quoted as saying that take time out for a photo. The group.was here fora one-night show Commission was informed of with Gallegos this week. at the Susupe Gym last Tuesday.___________________________ Continued on page 16 Lieutenant Governor Benjamin T.Manglona, the p. CNMI’s chief negotiator in Appeal filed to restrain IG from reviewing tax returns the talks is reportedly in Washington but whether he by Terl M. Flores is however concerned that the high the CNMI’s right to self-government as will be there to talk with, court’s decision to place the tax files established by the Covenant. the new US representative The Supreme Court is., carefully under the lower court’s protection is Inspector General James Richards on is still unknown. studying an appeal filed by attorneys for “questioning whether the executive the other hand, is in the belief that the US Gallegos and Interior : both the Commonwealth and two of its branch is following the law.” Congress has vested in him the authority Secretary Manuel Lujan are taxpayers asking the high court to grant Oral arguments on the case were to conduct audits in all US jurisdictions New Mexico political as- ! an injunction that will restrain the In­ heard on Wednesday and during the and territories. sociates. Gallegos is a long p spector General from reviewing tax hearing, Smith contended that under Smith argued that local officials will time political colleague of returns. local statutes, all tax returns are to be risk being slapped with federal felony Pete V. Domenici, New The government has joined taxpayers treated confidentially. and contempt charges than release the Mexico’s senior US sena- , Herman S. Sablan and Antonio T. Salas On the other hand, Attorney Robert tax files for federal auditing. tor and a Republican. j in a suit which sought to enjoin release O’Connor, the counsel for the two CNMI leaders believe that the IG does not Gallegos was assistant of tax files to federal officials for re­ taxpayers, said that if the high court have the authority to review locally gener­ Interior secretary for view. will decide not to issue the injunction, ated funds however, Richards himself policy, management and ! While the government and the tax­ there is a strong reason for the IG to contended that the purpose of the audits will budget until he left the j payers are awaiting the decision of the cease the documents. be to determine the effectivity of the collec­ government service about, | high court, all commonwealth tax Such a decision will also mean that tion system of the Department of Financeand a year ago. He is also a 1 \ documents have been placed under the the IG can issue a subpoena which not inspect individual tax returns. former New Mexico di- · j protection of the CNMI Superior Court will enable federal auditors from re­ The August 20 injunction barring the release of rector of the Farmers Home P pending a federal decision that will ad­ viewing the lax files, 0 ”Connor said. the taxpayers files remains effective pending a Administration. ;i dress the confidentiality issue raised in The case also brings out the issue of decision on the case which Assoc iateJustice Ram on As of yesterday mom- j the case. whether or not the IG’s decision to Villagomez saidwillbedeterminedonceadditional Continued on page 60 Г Assistant Attorney General Eric Smith audit taxpayers returns will violate information has been filed by the two lawyers. K W spapr 2-MARIANAS VARIETY NEWS AND VIEWS-FRIDAY-OCTOBER 18,1991 -v * ■--------------—2------- FRIDAY, OCTOBER 18,1991-MARIANAS VARIETY NEWS ANDVIEWS-3 A Meeting Place For Our FORUM Opinions. And Yours. BOE gears up for November 2 polls and certifying thenumberof bal­ Board of election and Mu­ quests from off-island voters who documents attesting that they will bÿ Terl M. Flores lots to assure that all is being nicipal council members will have been given an October 23 beoff-islandduringtheelections. done fairly. also be chosen in this year’s With two more weeks left deadline to cast their votes. Diaz There willbe 16 polling places this year and in every place, there “There will be no sleep for us polls. before the November 2 polls, however said the number of Diaz said only the Rota ini­ will be two poll workers and a because we will be busy count­ Board of Elections Executive ballot request they receive dur­ tiative for the establishment and supervisor to assist the voting ing ballots. It will probably take Everyone who in the evenings frequently pass by a certain Director John M. Diaz and his ing senatorial elections are much legalization of casinos on the public. A special poll supervisor us one night and two days to section of Beach Road along the beach front in Garapan may have staff have their hands full at en­ smaller in number as compared will also be tasked to deliver finish counting ballots,” Diaz said island will be decided on noticed that every night there seems to be a fiesta in one of the suring all things will go smoothly to a gubernatorial race. ballotsfor those who are confined said. this election. pala-palas there, with live bands and all. on election day. Ballots from off-island voters to their homes or the hospital on Voters this yeat will be se­ The issue of raising the bud­ Other candidates are doing the same thing, hosting parties left Around 3,000 multi-colored will be counted on the day all get ceiling for the Legislature November 2.
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