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Show VOLUME 17, NUMBER 156 SALT LAKE CITY, UTAH SUPBEME COUBX OF THE UNITED STATk. Quest for Justice Is Universal, Women Lawyers Told at Conference Syllabus ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. et al. v. WICHITA BOARD OF TRADE et al. ACCN News Service The WASHINGTON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS No. quest for justice is universal and "the eyes of the world are on America, Charles S. Rhyne, past president of the American Bar Association, president of the World Peace Through Law Center, and chairman of the Commission on a National Institute of Justice, told a luncheon meeting of the National Association of Women Lawyers. Argued February 28, 1973 Decided June 18, 1973 72-2-14. The Interstate Commerce Commission (ICC), after hearings, approved imposition by appellant railroads of separate charges for inspection of grain while in transit, a service that had previously been provided under the line-harates. Appellees thereupon in action Court this District brought contesting the validity of the ICC order. That court found that the ICC had not adequately justified departure from its longstanding rule that such separate charges are unlawful unless the carriers can satisfy the burden that rests upon them of proving that their line-harates insufficient to cover the total transportation service including are the portion thereof for which separate charges are proposed. The court ordered suspension of the charges unless otherwise ordered by the court and remanded the case to the ICC. Held: The action of the District Court is affirmed as to the remand to the ICC and is reversed as to the injunction suspending the pro352 F. Supp. 365, affirmed in part . posed charges. Pp. 5 and reversed in part. Mr. Justice Marshall, in an opinion joined by The Chief Justice, Mr. Justice Stewart, and Mr. Justice Blackmun, concluded that: 1. The ICC, which justified its departure from its prior cases on the ground that the many rates involved rendered the previous requirement impractical and the new charges when added rates would not exceed the to the line-hamaxi'stated mum rate level, has not its reasons with sufficient clarity ul traditions of justice for each individual who lives in our land. This is the great ideal all humankind Suit Approved Against GM sit ICC-prescrib- ul - NEW YORK (UPI) The city has won court permission to represent at . ed Interstate Commerce Commission v. Together with No. Wir.hit.n Board of Trade et al., also on appeal from the same court, to facilitate proper judicial review of its approval of the inspection charges. Pp. 6. 2. Equitable considerations, including the doctrine of primary jurisdiction as applied to the facts of this case, required that the District Court refrain from expressing a view upon what it believed was permitted by national transportation policy before the ICC on remand could balance the conflicting interests of shippers, railroads, producers, and consumers in the proposed rate changes, cf. Arrow Transportation Co. v. Southern R. Co., 372 U. S. 658; hence, it was improper for the District Court to 4. enjoin implementation of the proposed new charges. Pp. Mr. Justice Douglvs concurred in the affirmance of the remand to the ICC. Mr. Justice White, joined by Mr. Justice Brennan and. Mr. Justice Rehnquiht, concurring in the reversal of the injunction, concluded that only the ICC was granted the statutory authority to suspend new freight rates for seven months and the. District Court has no power to extend that period. Pp. -2. designs, sit , 5-1- . 16-2- 1- announced the Courts judgment and delivered an opinion, in which Burger, C. J., and Stewart and Blackmun, JJ., joined. Douglas, J., filed an opinion concurring in the affirmance of the remand to the Interstate Commerce Commission and dissenting from the reversal of the decree authorising the injunction. White, J., filed an opinion concurring in the reversal of the injunction and dissenting from the affirmance of the remand to the Interstate Commerce Commission, in rhich Brennan and Rehnquist, JJ., joined. Powell, J., took no part in the consideration or decision of the cases. Marshall, J., Mailer Said Untroubled Norman large parts of Zolotows 1960 book, over his Marilyn Monroe, for his own the says recently published book, Marilyn." literary Mailer described some of the criticism and was "not worth 60 Zolotow book as "overstressed and hollow anecdotes untrustworthy by cents." filed week the very style of their prose, a Maurice Zolotow last the suit against Mailer and his feature writer heating up the old publisher, Grosset and Dunlap. He dishes of other feature writers. "I would not wish to prejudice Mr. charged them with libel, invasion of conZolotows case unduly, but I cannot privacy, interference with tractual relationships and inflicting resist remarking that his $6 million libel suit is not worth 60 cents, "emotional distress. lifted Mailer Mailer said. According to the suit, , least 177 other municipalities across the nation in a "class action suit claiming General Motors has a monopoly on the manufacture and sale of buses for public transportation. Attorneys for the giant auto company argued that such treatment was inappropriate because of variations 72-4- 33, NEW YORK (UPI) Mailer, sued for $6 million book on Marilyn Monroe, suit sought to suppress . "The great American ideal epitomized the very highest ul . FRIDAY, AUGUST 17, 1973 in purchase deals, costs and effects upon localities. The suit series triple damages for allegedly excessive prices paid by cities for buses over the last four years and asks the court to order GM to divest itself of enough bus manufacturing facilities to restore effective competition. AG . desires most, Rhyne said, necessity of helping our courts. The National Institute of Justice will "consider all segments of the total picture through which we deliver justice, Rhyne explained. Rhyne pointed out that while many now stress the unavailability of lawyers, lawyers are now available "on an unprecedented scale through prepaid cost programs, store front law offices, legal aid, public defenders, consumers services, group legal serclass actions, vices, "judicare, referral services, and the lawyer new concept of "public interest law firms. The National Institute of Justice will help through developing better coordination between these and other segments of the justice system, he said. Directing his attention to the international-scene, Rhyne cited the importance of the Sixth World Conference of the Legal Profession, to be held later this month at Abidjian, Ivory Coast, under the auspices of the World Peace Through Law Center. "There, he said, "the chief justices and law leaders of 135 nations will review the status of the law system for the world community as well as the law systems of their nations in comparison to the law systems of other nations. In- abidjian, measures to improve and international law, and a system "within and among nations strong enough to fulfill humankinds towering desire for individual freedom and order with justice will, be reviewed, he said. Also on the Abidjian agenda will be consideration of measures to combat terrorism, the environment, an update of the Centers Airplane Hijacking Convention, . and a Uniform Model. Law for Nations on hijackings. jewelry shop in the shopping arcade d sells a pin of a dancing elephant wearing jeweled earphones. The price: $25. A novelty shop in Watergate has its own version of the Watergate bug. Wire legs and antennae are soldered to the discarded ends from film canisters thrown away by gold-plate- photographers at the Senate hearings. That goes for $10. Washington street vendors are selling "impeach Nixon buttons. At least three Watergate games, a Watergate jigsaw, puzzle and two humor books based on the scandal are available In Washington. A, Watergate game poster says players may cheat, if they can get away with iL Not all stores are going along with the fad sales. Fred 0. Meyer, owner the Fred Meyer Shopping Center. Portland, Ore., had Watergate T- shirts removed from the sales floor, They bore Nixons caricatures and such slogans as "dont bug me and "let me make this perfectly clear. In Buffalo, New York, Frank Tatar, president of Comon-Ta- t Inc., a manufacturer of novelties, said I wouldnt touch Watergate with a of in ( - - foot pole. ' A guy would have to be pretty silly to try and make money on Watergate, Tatar said. "Hes gotta have a warped sense of humor." Pledges Safeguards For Press - WASHINGTON (UPI) Attorney General Elliot Richardson said the Justice Department is considering a broadened set of guidelines to require his specific approval before a newsman can be questioned, served with a subpoena or made a defendant in any federal court proceeding. Richardson, stating that one way to restore confidence in government following the Watergate scandal was to ensure freedom of the press, also said he was initiating a government-wid- e study of the Freedom of Information Act for the guidance of both the executive branch and congress. And he said he was considering establishing an inspector generals office in the department "to insure that those who have the public trust are consistently worthy of the trust. In a major speech to the Assembly of the American Bar Association, Richardson said his first duty as a new attorney general "is to do what I can to eliminate the causes of distrust,-havintaken office in the midst of the darkening cloud of suspicion and distrust engendered by Watergate. He became attorney general May 25. Richardson said he was concerned about the departments relationship with the news media and about first amendment guarantees. He cited departmental guidelines Richardson, commenting on that, issued in 1970 by then Attorney said: "The prosecutorial power of General John Mitchell which the department should never be required the attorney generals used not even by indirection or approval before a subpoena can be innuendo in a way that could issued to a representative of the weaken the exercise of first news media. amendment rights. He is known to differ in these "We are now considering an ad- ditional departmental directive views with the head of his criminal which will require my specific ap- - division, Henry Petersen, who feels proval before a newsman can be that newsmen should not be granted questioned or made a defendant in any special prvilege. Richardson said that to counter any federal court proceeding, Richardson said. any suspicion that political con- He is seeking to stop incidents siderations or political influence such as one earlier this year when might color the administration of the FBI arrested Les Whitten, an justice, he has directed that no key investigative reporter who works for position be headed by a person "who columnist Jack Anderson, and the is perceived to be an active political indictment of Thomas Oliphant, a partisan. He also said he has reporter in the Boston Globes requested his principal colleagues in the department to foreswear any Washington bureau. The Whitten case was resolved political activity. when a District of Columbia grand jury refused to indict him. Charges against Oliphant were dismissed because there was no evidence to proceed with the prosecution. Both reporters said they were arrested in the course of their duties as Supreme Court Decisions reporters. memo to Richard-- ' son states: "Both cases generated considerable publicity, all of it negative far the department, and convinced reporters anew of the Nixon administration's willingness to attack the press whenever and wherever it could. An interoffice (See details page'4) |