IO S a t., P c t. I, 1977

a b r ?liukrr»iftrill ([a lifn n tia ti

Questions
people ask

Acre rule
questioned
by agency

Prize pig
$10 a pound;

By Don Hopkins

Should fe d e r a l re c la m a tio n la w
and the 160-acre lim itation apply to the
California State W ater Project?
T h e K ern C ounty W ater A gency
say s not. And at a recent hearing in
F re s n o b e fo re th e California S e n a te
C om m ittee on A griculture and W ater,
Edward J. Tiedem ann. an attorney ap­
pearing in behalf of the agency, called
for revisions in the rules recently pro­
posed by the D epartm ent of the Interi­
or.
While the Kern County W ater Agen­
cy is n o t a c o n tr a c to r of B u reau of
R eclam ation w ater, it has a num ber of
fe d e ra l c o n tr a c to r s w ithin i t s g e o ­
graphic boundaries, and expects to ad­
dress itself a t a la te r date to the prob­
lem s the proposed rules would pose to
those districts.
The agency’s c o n c e rn , voiced by
Tiedemann at the F resno hearing, was
about th e effects th e new regulations
might h av e on delivery of State P ro ­
ject W ater through the facilities of the
San Luis U n it of th e Federal C entral
Valley Project.
W’hile the latest announcem ent out
of Washington indicates the proposed
regulations a re not intended to subject
the State W ater P ro ject to federal rec­
lam ation law , th e ag en cy spokesman
th in k s s o m e re v is io n s in w ording
leaves som ething to be desired at the
point of clarity and precision if some
of the present confusion is to be clea r­
ed up.
The proposed rules indicate tha 160a c re lim itation w ould ap p ly to lands
served by all w aters which are “ com ­
m ingled.’’
The rules presently say that co m ­
m ingled w a te r s a r e p ro je c t or non­
project w aters delivered by or through
a non-federallv constructed facility.
Tiedem ann pointed out to the com ­
m ittee that th e San L uis U nit of the
F e d e ra l C entral V alley Project w as
c o n s tru c te d by th e fe d e ra l g o v e rn ­
m e n t. b u t fin a n c e d jo in tly by th e
United States and the state of C alifor­
nia
Consequently, th e ag en cy sp o k es­
m an feels th a t without som e am end­
ment there m ay be an attem pt to apply
reclam ation law to the non-subsidized
S ta te P r o je c t b e c a u s e the proposed
rules appear to apply even to those fa­
cilities constructed though not n e c e s­
sarily financed by the Federal Govern­
ment.

Exwtftve Vice Present BIB

Q: I get the idea that the B etter Business Bureau is against
consum er protection laws. Is that true?
I). B.. Bakersfield.
A: The best protected consum er is the best educated consum ­
er The passing of more and m ore restrictive legislation does lit­
tle to protect the consumer. If all that w as necessary to correct a
problem w a s to pass a law, then it would seem that we chould
have no m ore burglaries, no m ore m urders, rape or drug abuse
since we have laws forbidding such crim es.
It is th e contention of the B etter Business Bureau that law s
alone will be of little benefit in protecting the consumer What we
need is an on-going, greatly increased effort to teach consum ers
what to look for and how to buy. And even more important, m ake
the consum er realize that he has responsibilities too.
Q: I’ve called your office a number of tim es when I've had
com plaints a g a in st va rio u s com panies and som etim es y o u ’ve
been able to help and som etim es you say the BBB cannot b ecom e
involved in certain problems. My question is, just what m atters
is the Better Business Bureau concerned with?
S. R., B akersfield.

oink, oink?
Burt Costa, fair exhibitor,
tells his prize pig to hog all
the food if he w a n ts. F a ir
queen J a c k ie N o rd and
Costa w ere just told the pig
w a s p u r ch a sed fo r $10 a
pound. And at 236 pounds,
that’s m ore than just a little
pork on the hoof.
D on B a r k le y of Ke r n
County Equipment Company
bought the top-selling pig at
th e fai r thi s y e a r . Be l o w,
the porker h a s had enough
food and settles down for a
quick nap. — Staff photos by
Alan Ferguson

A: The basic concern of the B etter Business Bureau in m a r­
ketplace com plaints is m isrepresentation by the seller of goods
or services. Specifically, actionable com plaints u su a lly involve
one or m ore of the following .
( 1 ) A guarantee or warranty has not been fulfilled.
(2 ) P r o m is e s m ad e concerning adjustm ents h ave not b een
kept.
(3) The product or service purchased is not what it was repre­
sented to be
(4) D elivery of m erchandise has not been made.
(5) I ^ satisfactory m stallation/or service work.
(6) Advertised item s are not available for purchase.
However, you should be aware that th e Better Business Bu­
reau is not just a complaint departm ent. Of the 50.OOO individual
instances of service we provide fr e e of charge each year (and
going up) only IO per cent are com plaints. The rest involve a ssist­
ing consum ers which includes giving reliability reports on firm s
to inquirers before they do business with them
Q: I sent the trousers of a three-piece suit (almost brand new)
to be cleaned and the drycleaner lost them . Now the cleaner says
he will only reim burse me for the cost of the trousers but the rest
of the suit is w orthless without the pants. I think he should pay
me for the whole suit.
J. L.. Taft.
A: The National Fair Claims Guide (used by BBBs and Sm all
Claim s courts) states: “Liability for adjustm ent shall be lim ited
to those item s actually received for servicing. For exam ple, un­
less all three pieces of a three-piece suit are received, liability
shall extend on ly to the part of the garm ent actually handled
Likewise, if only one drapery of a set is serviced and is dam aged
in the process, responsibility shall be lim ited to the one drapery
received. ’’
Q: We had a burglary of our home recently and the insurance
adjuster has questioned the value of som e of the item s that w ere
stolen. Do you have any suggestions?
P. C., Bakersfield.
A: Any suggestions I m ight h a v e would be a little la te for
you since th e burglary has already occurred and the burden of
proof is alw ays on the loser. For those who have not yet suffered
the unfortunate experience of loss by fire or theft. I can advise
the following two procedures:
(1) Inventory your possessions, room by room List everything
of real value. Put the list in an envelope along with receipts and
other proof of worth and ownership in a safe place outside your
home - - like your safe deposit box It is also a good idea to photo­
graph each room and date each picture
(2) Have your valuables appraised Anything costing enough to
schedule under an insurance “ floater’’ policy should be profes­
sionally appraised (T he appraisals sh ould go in that envelope
mentioned above).
Q: Can a store legally limit the number of item s a person can
buy?
K. M ., L la n o .

A: Since I am not an attorney, I won t give you a legal opinion
but I will give you a Better Business Bureau opinion If the item
is advertised and there is a limitation clearly noted in the ad. it is
quite proper for a store to limit the number of item s that can be
purchased An advertisem ent is an offer to sell and if restrictions
or qualifications are clearly spelled out in the advertisem ent, the
consum er can then decide for him self if he w ishes to respond
Also, we see nothing wrong with item s that are not advertised
but have lim itations placed on them at the point of purchase This
occured in a number of stores a tew m onths ago with coffee when
no one knew from one day to the next where the price was going
Q: I am not sending in my m em bership dues as I do not feel
the Better Business Bureau represents business but rather the
consum er.
L. S., Bakersfield.
A: You. sir. am aze me You have been a member of this BBB
for eight years and y et you apparently h a v e never understood
what our organization is all about Of course we represent con­
sum ers' And legitim ate business firm s have been footing the bill
for this service for 25 years because they realize that it is vital to
them to see that the consumer gets a fair shake
If you have been laboring under the misapprehension that the
BBB is a private hunting club, dedicated to the protection of any
and all kinds of business, I do believe we are better off without
you. Fortunately, I 250 local business and professional firm s rea l­
ize that their present and future livelihood depends, to a great e x ­
tent. on how effectiv e this B etter B usiness Bureau is in coping
with false advertisers, the shady operators, the phoney prom oters
who prey on their clients and custom ers. And they realize too
that the BBB offers the opportunity of self-regulation as opposed
to more and m ore government regulation

2 guilty
in robbery

World
from page 9
am ong K ern C ounty agencies which
have passed resolution endorsing Expo
81
The fair, which will m ark the 200th
anniversav of Los Angeles, will be held
on th e grounds of th e O ntario M otor
Speedway The 697-acre site w ill fe a ­
tu r e e x h ib its fro m industry, n a tio n s
and states of the United States
Logan sees h is jo b right now as a
prom oter. “ I have to let people know
about it and let them know' how it w ill
benefit th em .” he said
To do this he is arran g in g talks by
fair officials for various civic groups
Ted Dutton, vice c h airm an of the fair
com m issioners, a m a jo r Los Angeles
land developer, recen tly spoke before
th e B a k e rsfie ld R o ta ry C lu b , at
Logan’s invitation
J a c k Kelly, ch airm an of th e com ­
m is s io n e rs , h a s b e e n sc h e d u le d by
Logan to address sev eral Kern County
K iw anis c lu b s in a jo in t m eeting on
Oct 24
“ H e’ll deliver a pro g ress re p o rt,”
said Ixigan “ And believe m e, people
will be surprised how far along things
have gotten.”
Logan said as it g ets closer to 1981
tv, ra d io and n e w s p a p e r advertising
will prom ote th e fair in Kern County
and suggest ways fo r Kern to benefit
from its proxim ity to the fair site
M rs. N elson s e e s th e f a ir as a
m a j o r o p p o rtu n ity to p ro m o te th e
recreational and scenic attra c tio n s of
eastern California.
She said she h a s been working on
fo rm in g an a s s o c ia tio n a m o n g a ll
cham bers fro m R id g ecrest to B ishop
to promote tourism and Expo 81 should
aid it
“ It will be a relativ ely easy drive
from th e fair up Highway 395 to our
a re a ,” said Mrs Nelson

Staff unsuccessful in
search for Collingwood
H as anyone visited Camp Collingwood on Breckenridge Mountain
la te ly 9 T h e cam p w as the site 50 y e a rs ago of a planting of Giant
Sequoia tre e s by citizens then prom inent in Kern County
The question today is. what has happened to the tre e s 9 And fur­
th er. just w here is Camp Collingwood9
Have the trees, like the citizens, passed on. or have they survived
T im e s inexorable dem and9
T he Californian staff has researched th e w hereabouts of C am p
Collingwood. but so far without avail Blind alleys followed so far in­
clude m aps going back to 1890 of Mt B reckenridge, interview s with
personnel of the U S F'orest Service, Kern County's Board of T rade
and M useum, and the Bureau of Land M anagem ent?
P a u l Savercool, m a n a g e r of th e K ern C ounty o ffice of BLM
points out th at half a century ago. Mt Breckenridge was within its
bailiw ick, and later w as placed under the aegis of the U.S. Forest
Service E v e n now. Savercool is probing m icrofilm records in th e
BLM archives at Sacram ento for a trace of Camp Collingwood Once
t h a t is fo u n d , The Californian believes, th e m ystery of th e G ian t
Sequoias’ fate may be learned
How did it all s ta rt9
W ell, th e r e w as th is article in th e 50 vear-ago to d ay column
“ G iant Sequoias planted at Mt B reckenridge in what is believed to
be th e southernm ost planting of th e stately tre e s.” The d a te w as
Sept 26. 1927

J

Police stage big drug bust
EARLIM ART (A P) — An e stim at­
ed $2 5 m illio n w o rth of heroin w as
confiscated in a drug raid here, author­
ities reported yesterday.

fo r investigation of possessing h ero in
for sale, and Canrado Acosta, 34 was
booked for investigation of assaulting a
peace officer.

T ulare County and federal officers
confiscated m ore than three pounds of
heroin plus so m e firearm s and $2.500
in cash

Shell Oil reports
theft of analyzer

They a rre ste d Pedro Fernandez 56
and Audon Fernandez. 30. for investi­
g atio n of violating fe d e ra l narcotics
laws
M ontenegro P erez 23. was booked

An oxygen a n a ly z e r w o rth m o r e
than $2 600 was stolen from a rig near
In terstate 5 and Twisselm an R oad, a
supervisor for Shell Oil Company re ­
ported to the s h e riffs departm ent

Candidate wants wire taps
from page 9
to monitor the p rogram to see if it is
working effectively.
The law requires convicted felons
to spend a specific am ount of tim e in
prison before a parole is considered
“ If it doesn't work, then I will have
to take steps to get legislation enacted
to change the law My real concern is
safety for those in the co m m u n ity ,” he
said.
Now in his 15th y ear ^n the legisla­

ture, D eukm ejian said he has received
s u p p o r t f r o m 27 s h e riffs , alth o u g h
Kern County Sheriff A1 Loustalot isn t
one of them , he said.
He e x p e c ts th e campaign through
th e J u n e p rim ary to cost about $300,000 .

He also has the advantage of stay­
ing in the legislature if he doesn't win
th e attorney general post because his
senate term , ends in 1980

D eukm ejian said his cam paign will
include offering v o te rs a program to
reduce juvenile crim e. T he id ea is to
reach th e youth before th ey g e t into
serious trouble.
He has run for the post tw ice, once
in 1970 and again in 1974, both tim es
losing to Eveile Younger
Y o u n g er has an n o u n ced p la n s to
seek th e Republican n o m in a tio n for
governor.*

Two B akersfield men are scheduled
to be sentenced Oct 18 for the June 17
robbery of a vacationing family at the
Ram ada Inn
Donald W ayne Musgrove, 22, 1825
Virginia Street and Donnie Lyle Lewis,
24. who lis ts h im s e lf as a transient,
were found guilty by a jury in Superior
Court Judge William A Stone s court
The David L McClanahan family of
O lym pia. W ash te s tifie d tw o m en
forced their way into their motel room
about IO p rn O ne w as arm ed with a
sawed-off shotgun
McClanahan. his wife and his two
teenaged children w ere forced to lie on
th e floor w h ile th e p a i r robbed
McClanahan of $864 in cash and trav el­
e rs ’ checks
The intruders fled, but w ere later
identified by the fam ily m em bers from
a photo lineup and arrested
D eputy D istrict Attorney Lee F e­
lice prosecuted the case
D eputy P u b l i c D e fe n d e r H o lly
B row n, representing M usgrove. and
attorney D en n is B eaver, representing
L ew is, argued th e identification w as
invalid The fam ily’s description w as
vague, the attorneys said, even d ire c t­
ly a f te r th e c r im e w hen the e v e n ts
were fresh in their minds.

Deukmejian
uncertain on
Peripheral
State Sen G eorge Deukmejian. RLong Beach, says its “ anyone's guess”
what the outcom e will be on a proposal
for Peripheral Canal construction
"It is in a joint (Senate-Assem bly)
conference c o m m ittee,” Deukmejian,
the House Minority L eader said T hurs­
day “ But I won t ev en speculate on
the outcome ”
A candidate fo r a tto rn e y general,
D eu k m ejian w a s in B a k e rsfie ld to
ra lly su p p o rt fo r Assem blyman W il­
liam T h o m as, R Bakersfield, who is
seeking a third term
The issue is expected to be consid
ered again by the legislature in Janu
a ry T h e se s sio n en d ed e a r lie r this
month without a solution
As p ro p o sed th e 43-m ile c a n a l
would carry Sacram ento River water
through th e Sacram ento-San Joaquin
Delta for export through the California
Aqueduct to Southern California
Deukmejian said he first supporter
the bill before it went to the Assembly
He voted against it when it returned ti
the Senate with the Assembly amend
ments.
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