Nxxx,2006-10-02,A,001,Bs-BK,E3

Late Edition : Today, sunny and season- able, high 70. Tonight, clear, except patchy fog, low 57. Tomorrow, sunny and much warmer, high 78. Yester- day, high 68, low 59. Details, Page A16.

VOL. CLVI . . No. 53,720 Copyright © 2006 The New York Times NEW YORK, MONDAY, OCTOBER 2, 2006 ONE DOLLAR Former Pages ROBERTS COURT Describe Foley MAY BE DEFINED As Caring Ally IN SECOND TERM Congressman Praised, but Gossip Is Recalled WILL FACE DIVISIVE ISSUES

By RACHEL L. SWARNS WASHINGTON, Oct. 1 — In the hi- Decisions on Business and erarchy of Congress, the high school Race May Show Where students who serve as Congressional pages fall somewhere near the bot- New Center Falls tom, seemingly invisible as they scurry through the hallways of the Capitol ferrying messages to power- By LINDA GREENHOUSE ful lawmakers who often fail to give them a second glance. WASHINGTON, Oct. 1 — If Year 1 In that rarefied world, Represent- was the transition for the new Rob- ative Mark Foley, the silver-haired erts court, Year 2 is likely to be the Republican from Florida, stood out. test. He took pains to befriend the 16- During the first term under the and 17-year-old aides, several for- leadership of Chief Justice John G. mer pages said in interviews on Sun- Roberts Jr., the justices were able to day. He chatted with them on the find common ground with some reg- ularity by agreeing not to decide House floor, they said, sent hand- much. By the time the term ended in written notes and urged them to keep late June, the extent to which the in touch when they left Washington members of the newly configured for their hometowns. court were prepared to confront ei- In 2002, he even stood up on the ther precedent or one another re- floor of the House, his eyes welling mained unclear. with tears, and commended the Chances are high that the new young men and women for their year Candace Feit for The New York Times term, which begins on Monday, will of service. In his speech, Mr. Foley be different. The cases that the court A worker helping to clean up toxic sludge last week in Abidjan, Ivory Coast. The sludge, dumped from a tanker, has been blamed for eight deaths. mentioned several of the high school has agreed to decide — 38 so far — students by name, describing a hand- offer few off-ramps, requiring in- written note to celebrate one young stead that the justices proceed to rul- man’s graduation and a lunch with ings that will define the new court in Global Sludge Trading Votes for Pork Across the House Aisle another at Morton’s steak house. both substance and style. Ashley Gallo, a 21-year-old former Less than six weeks from now, for led three others in voting against a page who is now a senior at Western example, the court will hear the Bush Ends in Tragedy politically vulnerable Louisiana Michigan University, said on Sunday administration’s defense of the Par- By DAVID D. KIRKPATRICK Known for Iraq Stand, Democrat’s proposal to divert that many of her friends had viewed tial-Birth Abortion Ban Act of 2003. WASHINGTON, Oct. 1 — For more money intended to be spent on base Mr. Foley as one of the few law- While there are some secondary is- For Ivory Coast than a decade, Representative John Murtha Made Name closings to research prosthetic limbs makers who made a real effort to sues, there is no escaping the fact P. Murtha of Pennsylvania has oper- for veterans. It failed by one vote. reach out to young people. that at the end of the day, the Su- ated a political trading post in a back by Making Deals For their “nays” on that and other “You didn’t have a lot of inter- preme Court will have to declare By LYDIA POLGREEN corner of the House of Representa- matters, all four Democrats were re- action with the members because whether the federal statute is consti- and MARLISE SIMONS tives. warded. In the weeks after the vote, most of them treated you like a kid, tutional. In doing so, it will have to ABIDJAN, Ivory Coast, Sept. 28 — A gang of about two dozen Demo- they claimed credit for a total of but he was pretty friendly,” said Ms. grapple with the meaning of a 5-to-4 It was his infant son’s cries, gasping crats mill around his seat. A pro- more than $250 million in earmarks Gallo, who served as a page in 2001. decision that struck down a similar and insistent, that first woke Salif cession of others walk back to re- in the 2006 appropriations bills. Mr. “He would talk to people,’’ she said. state law six years ago. The adminis- Oudrawogol one night last month. quest pet spending projects, known Murtha alone brought home about “He would say, ‘Here’s my e-mail tration will argue that if the federal The smell him moments later, as earmarks. And Republicans come $80 million for his district and $120 address if you want to keep in touch.’ statute cannot coexist with that wafting into the family’s hut, a nox- by, asking him to enlist some of those million for his state, according to I don’t think anyone thought any- precedent, the court should overrule ious mélange reminiscent of rotten Democrats to join them on close Taxpayers for Common Sense, a non- thing of it. They saw him as a mentor the earlier case. eggs, garlic and petroleum. votes. “Whether they get what they partisan group that tracks such or a reference.” Two cases on whether public Mr. Oudrawogol went outside to in- want in the bill or they get the votes projects. Mr. Foley’s resignation on Friday, school systems can take race into ac- vestigate. Beside the family’s com- they are looking for, nobody ever Pablo Martinez Monsivais/Associated Press Mr. Murtha, who announced a bid following the disclosure of his sexu- count in maintaining balance in indi- pound, near his manioc and corn leaves completely disappointed,” this spring to become the next House ally explicit Internet and cellphone vidual schools do not confront the fields, he saw a stinking slick of said Representative Paul E. Kanjor- Democratic leader, acknowledges messages to pages, left many former court’s precedents quite as directly. black sludge. ski, a Pennsylvania Democrat often In the last year, Democratic and that some Democrats grouse about pages shaken. And on Sunday, they But coming only three years after a “The smell was so bad we were found in what is known as the Murtha Republican floor watchers say, Mr. his history of leading others across burned up the phone lines and sent sharply divided court permitted the afraid,” Mr. Oudrawogol said. “It corner. Murtha has helped Republicans the aisle. (Several Democrats said e-mail messages flying as they continued use of race in university burned our noses and eyes.” Outside Washington, Mr. Murtha, round up enough Democratic votes as much, but none would speak pub- reached out to their old friends who admissions, the decisions in these Over the next few days, the skin of a Vietnam veteran and longtime to narrowly block a host of Demo- licly.) He confirmed working with remain tight-knit years after leaving cases will provide the first clear in- his 6-month-old son, Salam, bloomed hawk, may be best known for his cratic proposals: to investigate fed- Republicans on the Iraq war spend- Capitol Hill. dication of where the center now lies with blisters, which burst into weep- break with the president over the eral contracting fraud in Iraq, to re- ing vote that blocked the Democratic Patrick McDonald, 21, a senior at on questions of race and public policy ing sores all over his body. The whole Iraq war last fall. But inside the Cap- form lobbying laws, to increase fi- corruption investigation, but said he Ohio State University, said he took after the retirement of Justice San- family suffered headaches, nose- itol, he is best known for turning ear- nancing for flood control, to add $150 did not remember the others. He said Mr. Foley up on his invitation to keep dra Day O’Connor. Justice O’Connor bleeds and stomach aches. marks into power. As the top Demo- million for veterans’ health care and he always acted on principle, work- in touch and sent him an e-mail mes- held the balance of power on such How that slick, a highly toxic cock- crat on the House military spending job training, and to exempt middle- ing with Republicans either because sage asking about internship oppor- questions for years, and wrote the tail of petrochemical waste and caus- subcommittee, he often delivers class families from the alternative he agreed with them or to uphold pri- opinion three years ago in the case minimum tax. vate agreements about spending tic soda, ended up in Mr. Oudrawo- Democratic votes to Republican Continued on Page A15 from the University of Michigan Law gol’s backyard in a suburb north of leaders in a tacit exchange for ear- In one case that particularly irked bills. School. Abidjan is a dark tale of globaliza- marks for himself and his allies. Democratic partisans, Mr. Murtha “You just need to get the things The business community is watch- tion. It came from a Greek-owned done, so you give them the votes to ing several cases closely, particular- tanker flying a Panamanian flag and get the things done,” he said in an in- MORE ON THE FOLEY CASE ly an appeal of a $79.5 million award leased by the London branch of a terview. “There is no question that of punitive damages against the cig- Swiss trading corporation whose fis- INSIDE some projects come out of it for our INQUIRY BEGINS Officials said the arette maker Philip Morris, upheld cal headquarters are in the Nether- members, and that is not a bad F.B.I. was looking into whether for- by the Oregon Supreme Court on be- lands. Safe disposal in Europe would thing.” He added, “Deal making is mer Representative Mark Foley had half of the family of a smoker who have cost about $300,000, or even what Congress is all about.” broken any laws. PAGE A15 died of lung cancer. twice that, counting the cost of de- Mr. Murtha can punish lawmak- LEGAL RAMIFICATIONS Explicit Of all the areas of Supreme Court lays. But because of decisions and ers, as well. Those who do not sup- e-mail to minors may violate laws, doctrine most likely to be affected by but prosecutors have great discre- Continued on Page A8 Continued on Page A14 tion in pursuing such cases. PAGE A15 Continued on Page A12

Wal-Mart to Add Hardball Ain’t the Game in Anymore More Part-Timers By LEE JENKINS And Wage Caps and MICHAEL S. SCHMIDT Shawon Dunston’s tour of Brook- lyn baseball stops at the high rises By STEVEN GREENHOUSE where he used to throw rocks, the and MICHAEL BARBARO street corners where he used to throw snowballs, and the legendary Wal-Mart, the nation’s largest pri- sandlot where he put that powerful vate employer, is pushing to create a throwing arm on display. cheaper, more flexible work force by The sandlot was the final stop in a capping wages, using more part-time tour that Dunston, whose 17-year workers and scheduling more work- Abid Katib/Getty Images major league career included a trip ers on nights and weekends. to the 1999 postseason with the Mets, Wal-Mart executives say they Deadly Protests as Palestinians Demand Paychecks gave his son this summer. Standing have embraced new policies for a Six people were killed and more than 100 were wounded in clashes across on the edge of the Parade Ground in large number of their 1.3 million territory under Palestinian control as protests were held over the Palestinian Prospect Park, Shawon Dunston Jr. workers to better serve their cus- Authority’s inability to pay its employees. PAGE A9 noticed a bunch of middle-aged men tomers, especially at busy shopping in uniform taking batting practice. times — and point out that compet- Brazil to Have Runoff Vote Ex-Enron Aide Tells of Banks “Why are those guys out there?” St. Francis Prep The Randolph Family itors like Sears and Target have Shawon Jr. asked. “They’re so old.” Brazil’s embattled president, Luiz Andrew Fastow, sentenced to jail The Yankees’ , left, graduated from St. Francis Prep in 1958, made some of these moves, too. In many ways, ’s and the Mets’ Willie Randolph graduated from Tilden High in 1972. But some Wal-Mart workers say Inácio Lula da Silva, finished first in for his role in Enron’s demise, is giv- rich baseball history is kept alive by the changes are further reducing the presidential vote, but fell just ing his account of the scheme to law- guys well past their prime, still repeated attempts to beat the Yan- Among the last standouts was their already modest incomes and short of the majority he needed to yers who have sued banks on behalf wearing uniforms and kicking kees. Dunston, a rifle-armed putting a serious strain on their avoid a runoff on Oct. 29. His momen- of investors who say they were de- around local ballparks. This week, who was picked first in the 1982 draft child-rearing and personal lives. tum in the race had been checked by frauded. BUSINESS DAY, PAGE C1 two of them will lead the Yankees Today’s Mets and Yankees would by the , the only time a Current and former Wal-Mart work- a last-minute ethics scandal. PAGE A6 and the Mets into the playoffs. not know the Parade Ground from ers say some managers have insist- Yankees Joe Torre and the . Most of them grew New Yorker has ever been selected News Summary A2 ed that they make themselves avail- Clinic Fined $16.5 Million Mets Manager Willie Randolph, who up in California, Texas, Florida, Vir- No. 1 over all. When Dunston re- able around the clock, and assert ginia and Latin America. Mets catch- turned to the Parade Ground in Au- In the largest fine yet by the Arts ...... E1-8 both played high school baseball in that the company is making changes er Paul Lo Duca was born in Brook- gust, he was struck by all the football state’s new Medicaid inspector gen- Business Day ...... C1-12 Brooklyn, grew up taking bad hops at with an eye to forcing out longtime lyn, but he moved to Arizona when he practices, soccer matches and pick- eral’s office, a substance abuse clinic Editorial, Op-Ed ...... A18-19 the Parade Ground. So did Lee Maz- higher-wage workers to make way International ...... A3-9 zilli, the Yankees’ bench , and was 2. up basketball games. for lower-wage part-time employees. in Queens faces $16.5 million in pen- Metro ...... B1-6 If he had stayed, the odds of ever “It used to be just baseball,” Dun- alties for what investigators called , the Mets’ general Investment analysts and store National ...... A10-15 manager. Dirt fields are their com- playing for the Mets would have been ston said. “From 9 a.m. to 9 p.m., excessive treatments and overbill- SportsMonday ...... D1-10 managers say Wal-Mart executives mon ground. stacked against him. In the 1950’s, we’d only stop to have a knish for ing. PAGE B1 have told them the company wants to Fashion ...... B7 Weather ...... A16 “It was our Mecca,” Minaya said. when Brooklyn could lay claim to be- lunch.” transform its work force to 40 per- Obituaries ...... A17 “It was where we went to be seen.” ing recognized as the stickball cap- “It was all baseball, all the time,” cent part-time from 20 percent. Wal- Mazzilli said. “The fields were ter- FOR HOME DELIVERY CALL 1-800-NYTIMES Classified Ads ...... C9 Auto Exchange ...... D9 In many ways, New York City ital of the world, it produced 26 ma- Mart denies it has a goal of 40 per- Commercial Real Estate Marketplace ...... C8 baseball is embodied by Brooklyn. It jor league players, according to data rible. The conditions were bad, but cent part-time workers, although was there, in the 1940’s and 50’s, that obtained from baseballreference we didn’t know any better. That was Updated news: nytimes.com the Dodgers firmly established the .com. This decade, it has produced 0 354613 9 41106 Continued on Page A13 Tomorrow in The Times: Page A16 image of the in their only six. Continued on Page D2