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Show :ill!ll!:!T!!!!!!!!!!!!!l!i:i!i!!!!!l!!lllllllllliHntffl!limnini Jf'c f DESERET NEWS & wr;p LETTERS laf TO THE EDITOR SALT LAKE CITY, UTAH We Stand For The Constitution Of The United States April As Having Been Divinely inspired 6 A EDITORIAL PAGE WEDNESDAY, APRIL 1, 1970 The Supreme Court's ruling this week that a defendant nidy be constitutionally barred from the court room if he insists on obstructing the legal process is both welcome and timely. concluded Chicago trial Timely because of the recently of eight persons accused of conspiring to incite riots, a trial which was disrupted repeatedly by the defendants. And welcome because the Supreme Court acknowledged the dangers of carrying to ridiculous lengths the constitutional right of an accused person to face his accusers. Strict Constitution constructionists have insisted that the presence of noisy defendants must be tolerated at their trials because they have a constitutional right to confront their accusers. This, they charged, could only be accomplished if the defendant were present and unshackled during big trial. But, as Justice Hugo Black observed in the courts opinion, It couid degrade our country and our judicial system to permit our courts to be bullied, insulted, and humiliated and their orderly Progress thwarted and obstructed by defendants brought vciore them charged with crimes. The ruling actually came in a lfl.16 case in which a Chicago man, William Allen, was sentenced to 10 to 30 years in prison for holding up a bartender at gunpoint and robbing him of $200. His conviction was invalidated last July by the U.S. Circuit Court of Appeals in Chicago. Allen, through his attorney, claimed that his expulsion from the court room for shouting and cursing deprived the defendant of his right to confront his accusers. Illinois appealed the ruling to the Supreme Court. Justice Black agreed with one portion of the Circuit Courts ruling that binding and gagging a defendant and allowing him to remain in the courtroom might be the fairest and most reasonable way to handle a defendant. Judge Julius Hoffman, who presided at the Chicago trial, ordered such treatment for Bobby Seale, one of the original defendants in the Chicago trial. But even these extreme measures were r.ot totally successful in Seales case. While the Supreme Court is right in rescuing the dignity of the courts as needed to be done if the American system of justice is o survive there is some question whether the poheemans role has always been considered with the same - April 1st is Spring finding Itself at last. It is tight buds breaking, apple blossoms tinting orchards, lazy grass perky with green riaffnrlik and coeues fac'ng the sun . . . And it is rakes and spades and trowels coming down from their hooks . . . April 1st is also garden centers displacing their annual seedlings, veung dahlias, perennials, packaged ami new tools for planting peony ruOts April 1st is the eartfts landscape coming alive with the artistic sense cf a Renoir. And if the color schemes are not as vivid yet, they will be . . . And April 1st is still Winters soft sounds continuing until more birds return, and the insects and peepers become active . . . April 1st is Nature taking her time, t.;d there is no need to hurry. And it is Tarzan like, from weather, swinging to bikinis to sweaters . . . April 1st is the hustling that can be heard over there by the toolshed. It is our head gardener getting out her hoe and rake. She has pockets full of seed packets and a wheelbarrow full of ideas. The yard supports her highest hopes while once again she begins the ancient art of planting . . , April 1st is the pleasing sense of smell of blooming hyacinths, a sense that has been dulled from lack of use during the long flowerlP'-- winter months In . . . And it is the sight of plump in the foreground with daffodils in white and yellow nodding their heads in . . in the background . And approval Apul 1st is our head gardener's assistants blood coursing through his veins fa'-- t from all this glorious enough to bring on a severe case of sight Spring Fever . . . A childs heart, and once there, realize you are This sage advice from the late J. Reuben Clark, former member of the First Presidency, is as apropos today as when it was first given several years ago. It is particularly appropriate this week when the Churchs Primary Association holds its 64th annual conference Thursday and Friday in the Tabernacle and at various other locations. Few, if any, other organizations have such an influence for good on the lives of children as the Primary Association. Molding a childs personality is a responsibility of great dimensions, but also with great rewards. While programs have changed drastically since that first Primary in Farmington in 1878, when Aurelia S. Rogers gathered 215 boys and girls together, its aims have remained the same: To teach their children to pray, and to walk uprightly before the Lord. What this means in application may be realized by the fact that 464,100 children are now touched weekly by the Primary Association. One progt am which has met with particular success is the Primary's special effort toward the handicapped children in the Church. At present more than 500 such children are jecriving religious instruction which otherwise might not be with'n their grasp. Give a little love to a child," commented Ruskui, and ou get a great deal back. Caveat Consumer Reports that short weights of meat are being sold in many stores across the nation and advice as to w hat the cond sumer can do about it should be of interest to Utahns. Consumers Union reports that overcharges on short-eight meat packages being sold recently in Tennessee stores would cost that states consumers an estimated $16 million annually. New York state inspectors found moat shortages in 28 per cent of the stores they checked last December. About tli? same time. Los Angles inspectors found short weights in 32 per cent of the prepackaged or meat, fish, roul-ti- y and delicatessen items checked. How well such shoitages are prevented depends largely on the work of state and local weights and measures inspecting In Utah, these officials spot check packaged consumer items, and check reports of short weights from buyers. Some few merchants may deliberated defraud Utah consumers, but more often packages are the result of human enor or faulty scales, the weights inspectors say. Nevertheless, Utah shoppers cannot afford to consistently lose money by paying too much for packaged meat and other goods. When a buyer discovers that he has received moie than One short Weight packa gc from the same st ore, he should alert state or city inspectors. In Salt Lake City, consumers should call the city office of Those in other areas should weights and measures, contact local inspectors or the state office of weights and measures at the Capitol, budget-minde- w cut-to-ord- er -- 32S-7S5- hl 4. 328-512- 1. Afterthought ... Those who quote, East is East and West Is West, and never the twain shall meet. have never read the v nole Kiplmg which means exactly the opposite of what they stanza Uunk it does. population. This, to me, was extremely newsworsubthy, and yet it was on the second page, had a dued headline and was only about half as long as the New Baby article. It appears to me that you should definitely reevaluate your paper s list of priorities. Articles like the one in question can subconsciously, or even consciously, reinforce a potentially harmful attitude in people concerning birth control. Your paper has a right to its own opinion on the subject, and perhaps you didn't realize the underlying implications of the article, but an editorial, which I felt this was, doesn't belong on the front page. Human interest should, after all, show some interest in humans. EVANS -C- RAIG 1239 Westminster Ave. Denies 'Plot' Statements Subdued Cheer For Carswell Some of the attacks that are being made upon Judge G. Harrold Carswell, and some of the impressions being pumped up in the phony groundswell against prompt words of I The Heart Of A Child , s diligence. If, then, the Supreme Court were to review' some of its rulings regal ding prisoners rights with the same regard for the policemans dignity, perhaps some of the kinks could be removed fiom the present body of law. by-lin- ear-muf- ls 1 short-Weig- I am a Zero Population Growth advocate and I strongly believe that the problem of overpopulation is the most exigent problem that faces mankind and today. Certainly it is advisable to make more more people aware of this unchecked population ihe caus of expansion which will, if ignored, be untold human suffering which will occur as a result in a very few years. That is why I was disturbed section of by an article that appeared in the local Makes ynnr March 16 edition entitled New Baby 21 for Utahns. What would appear to be a harmless human interest story to some people was to me the most frightening of all the articles which appeared on the same page with it articles concerning traffic perhaps deaths, crime inerease and drug abuse all side effects of our burgeoning population. An article which, in effect, glorifies fecundity has no right being in a public newspaper at all, let alone on the front page with a bold headline and a e besides, not daring a tune when the idea of birth control is just beginning to take hold. is The purpose of any news medium, of cou.-seto keep the public informed as well, as entertained. Things which are of vital interest to the population as a whole should be strongly stressed. In the national news in the same March 16 edition there was an article ?hout Nixon signing a bill that wrould create a commission to study the problem of over- 1st It's Time To Return Dignity To The Court Get into a In a holy place. Curb Baby Boom by one judges him, a few rejoinder of the unenthusi-asti- c supporters, namely me. I The charges J have to do with his record as a U.S. Mr. Kilpatrick district judge, and with the testimonials for and against his elevation to the Supreme Court. Carswell served as a federal judge in the Northern District of Florida from 1958 to 1969. The complaint is made that he left an record undistinguished behind, that he was frequently reversed by his circuit court, and that his written opinions in this period are the products of a mediocre mind at work. Such an appraisal, it seems to me, is predicated upon a fundamental misunderstanding of the function of a district judge. His duty is not to erect great landmarks of the law. He does not sit as a philosopher, innovator, or architect. His principal responsibility is to dispose efficiently of the great mass of routine litigation coming before him. Viewed in this light, the Carswell record suggests a competent practitioner on the bench. As a district judge, he tried some 2,000 civil cases and an estimated 2,500 criminal cases. He kept his backlog down. And if he fired off JAMES J. KILPATRICK that is their privilege. But their hostility to a Southern strict constructionist is not necessarily evidence of Carswells unfitness. no Roman candles of obiter dicta, much the better. so For an example of the absurdity of some of the criticisms voiced against him, consider this accusation from the Ripon Society: Carswells printed District Court opinions average 2.0 pages. The average length of printed opinions for all federal district judges during the time period in which Carswell was on the district bench was 4.2 pages. These calculations were made, at heaven knows what tedious labor, to the nearest tenth of a page. The analysis tells us more of the desperation cf the Ripon critics than it does of the mediocrity of Judge Carsw'ell. The big push against the nominee last week had to do with testimonials pro and con. It is being made to appear that nobody but nobody has had a good word to say of him. Great weight is being ate tached to a ad signed by 350 lawyers and law professors opposed to his confirmation. It is remarked, significantly, that Carswells colleague on the Fifth Circuit, Judge John Minor, Wisdom, has come out publicly against him. By way of response, it may be suggested that most of the crowd take one view of the law a sort of flexible view and they surmise, by the fact of President Nixons sponsorship of the nominee, that Carswell on the high court would take a different view. They do not want such a judge confirmed; and heavy-breathin- g full-pag- ll As for Judge Wisdom, he is known to conservatives as a kneejerk liberal, and some say the appellation could be shortened. Carswell has the solid endorsement of the Florida State Bar Association, through its unanimous board of governors. Professor James William Moore of the Yale Law School, who got to know Carswell closely in formation of the Tallahassee Law School, describes him as a man of great sincerity and scholarly attainments, moderate but forward-lookinand cne of great potential. ll My own enthusiasm for Judge is diminished by his evasive account of his participation in the golf club incident of 1956. He then took an active role, not a passive role, in transfer of the Tallahassee Municipal Golf Course to a private country club. Forgive my incredulity, but if Carswell didnt understand the racial purpose of this legal legerdemain, he was the only one in north Florida who didn't understand it. But it was never mentioned to me, and I didnt have it in my mind, thats for sure. Okay. Let it pass. On the whole record, Carswell is better qualified by experience than scores of nominees who have successfully preceded him. The high court is hurting for w'ant of a ninth member. The sooner he is confirmed, the sooner he can get on with the business of building a new record to prove his critics wrong. g, Car-swe- ERNEST CUNEO April Foo- lIts Origins Football Tadics In Politics By SYDNEY J. HARRIS Silly stories w ill appear in the papers todav upside dowrt, or wrong side out, or extravagantly garbled in facts, all ending with the coy little postscript, April Fool! Nobody really knows bow or when this llduiUidi suu nu, bui li is aiiCiciit Slid fairly widespread in the Western world. The French call it un poisson davril. April FLsh, ar.d so do the Italians. In Scotland, it has long been known as a gowk" (cuckoo). Brewer, in his famous Dictionary of Phrase and Fable first published exactly a century ago, in 1876 suggested that April Fool may be a relic of the Roman holiday which was Cerealia, held at the beginning of April. More sober researchers suggest that, as March 25th used to be New Years Day, April 1st Was its octave, when its festivities were culminated in general fooler . In point of fart, festivities were held by all ancient peoples at the vernal equinox in late March, with the ceiebrations uu-aiiending on April 1. One theory about our version of April Fool tiaees the tradition back to the medieval miracle plas that used to depict the sending of Jesus from Pilate to Herod. Actually, t licit was a Feast of Fools a kind of Christian version of the old Roman Saturnalia popular in the Middle Ages. Its presumed object was m honor the ass on which Jesus entered v Jerusalem. According to Brewer: This mummery was held on the Feast of the Circumcision (Jan. 1). The office of the day was chanted in travesty, then a procession was formed and all sorts of foolery was indulged m. Tins grotesque celebration was put down by Church authorities as impious only in the 15th Century. But the onset of spring has stubbornly continued to be regarded as a license for slipping off the yoke of solemnity for the day but sadly, like so many therapeutic devices, it has BFen rekg-teto children. - WASHINGTON (NANA) President Nixon is not only an ardent football fan, he is an expert (as he proved by his e uncannily correct prediction at of the Tennessee-Arkansa- s game of how tile seCufiii half would go). President Nixon is undoubtedly familiar with the strategy of Princeton's great coach of yesteryear, Bill Roper. Coach Roper believed in a terrific alertness and letting Princetons adversary handle the ball. Roper reasoned and correctly, as the game was played in those days that given possession of the ball, the other team would fumble. Princeton won more games on recovered fumbles than her opponents, even now, like to think about. President Nixon follows this strategy more religiously' than Roper. In football parlance. Mr. Nixon kicks on first down; that is lie gives the ball to the Democrats. Then he covers all passes zealously and plays for the break. Democratically-controlle- d a with Faced Senate, President Nixon, unlike President Johnson, did not attempt to force his Vietnam policy upon the upper body. Like Roper, perceiving that he lacked enough power to bull his way through the Senate, President Nixon went on the defensive. He yielded the initiative L the Senate and with it, tne final responsibility for Vietnam. In effect, the President declares, Its your ball. The Democratic Senate leaders, Mike Mansfield and William Fulbright, are utterly delighted with the Presidents half-tim- gesture. Senator Fulbnght, particularly, seems to be under the impression that he has scored a constitutional touchdown when, as a matter of fact, he has merely received a beautiful Nixon punt and kept it in Democratic territory. Actually, in yulding the military and diplomatic initiatives to the Democrats, Sir. Nixon has accomplished that most difficult of presidential maneuvers; he has passed the buck on Vietnam to the Senate. The brilliant technique of the presidential maneuver deserves dose study. The Senate blames all of the ills of Vietnam on the passing sf the Gulf of Tonkin Resolution. Senator Fulbright charges that President Johnson widened the Tonkin Resolution into a war. The Senate now proposes to revoke the Tonkin Resolution. To the utter delight of the Democratic senators, President Nixon and Secretary of State William Rogers agree. But Mr. Nixons attorney general, John Mitchell, is somewhat more alert than the beamish boys who were attorneys general for President Johnson. President Nixon, in consenting to the Tonkin Resolution repeal, notes that the administration is not depending on any of these resolutions as legal or constitutional authority for i.s present conduct of foreign relation', or its contingency plans. Tnus, the President indicates that lie is rot standing on Senate approval, because he has presidential prerogatives independent of the Congess. He is absolutely correct. Further, with a deftness which would have left Coach Roper trembling with admiration, President Nixon also deposited the Middle East crisis, as we!! as Viet nam, in the enthusiastic, if slightly naive arms of the eager senators. Secretary Rogers solemnly assured the Senate that should a situation arise calling into play our treaty commitments or otherwise seriously and immediately affecting the vital U.S. interests, he would wish Congiess to fulfill its proper role under the Constitution in the decisio- process. Mr. Nixon, with this wide area of discretion, can do as he pleases. Among many other things, he can refuse to assist Israel, without a new Senate resolution, thus p'acing full responsibility upon the Senate lor the failure of the U. S. to assist its ad;. n-making Recent news articles attributed statements to Earth me which characterized the upcoming or Day on April 22 as a Communist conspiracy, a Communist plot I deplore such statements and assure you that they are not mine. Unfortunately, many individuals and organizations actively promoting Earth Day have been hurt by the remarks incorrectly attributed to me, and I apologize for this. Everyone I know, regardless of political or economic philosophy, is concerned about deterioration of the environment. And they are determined that the process must be reversed. I, and the firm of which I am proud to be an employe, are dedicated to the same objective. The objective will not be reached by namecalling, but only by the persistent effort of every one of us. I hope that the enthusiasm and knowledge generated by the Environmental Teach-I- n will be productive of such positive results. --J. P. OKEErE Geneial Manager, Kennecott Copper Corp., Utah Copper Division Parents Grateful For Help At 10:10 a.m. Thursday morning, March 26, our daughter Belinda opened the door and fell out of our car on the 6th South p of the freeway. We want to thank the lady motonst who was alert and was able to stop without hitting Belinda. We are very grateful to the young man who drove her to the hospital, the man who gave me assurance that everything wras all right, and many other motorists whose names are unknown. Belinda is fine, with no serious injuries, thanks to you who were alert. -D- AN and COENE BAGLEY 3674 Hillside Ln. Ambulance Move Costly I understand that the City .Commission has abolished the ambulance service, which the city police department now handles. I understand that the service is to be contracted out to a private firm. Are we now going to have to pay for this service out of our own pockets when we need it, or is this private lirm going to bill the city for services rendered by them? Either way you look at it, its going to cost the taxpayer a lot more money. If the city is going to pay this firm for each call they go on, it is going to cost 10 times more than if the police department were running the service. And if we have to pay it out of our own pockets, then thats a bunch cf hogwash. I feel that the police department was doing such a fine job w'ith the ambulance service that the City Commission is going to regret taking it away from them. -- G. K. UNSWORTH 1555 S. Uth East CONFERENCE NOTICE iiiiiiiiiii;iiiiiMiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii:iiiiiiiiiiiiiiiiiiiiiiniiiiiiiliniiii The One Hundred Fortieth Annua Conference of The Church of Jesus Christ of Latter-Ja- y Saints, to which all Church members are invited, will convene in the Tabernacle, Salt Lake City, Utah. Satin day, Sunday and Monday, April 4th, 5th and Gth, 1970, with general sessions each day at 10 a m. anJ 2 p.m. -- The General Priesthood Meeting will be hdd in the Tabernacle on Saturday, April 4th, at 7 p.m. Only tnose who hold the priesthood are invited to attend this meeting. Fast meeting may be held the second Sunday in April. Fast day should not be observed on Sunday of quarterly conferences. It is undet stood that ward sacrament meetings will be held Sunday evening after the close of the Sunday afternoon general session of the conference, where practicable. A commemorative concert in recognition of the anniversaiy of tiie Prophet Joseph Smith first vision will be presented in the Tabernacle at 8 p.m. Friday, Apnl 3rd 150th JOSEPH FIELDING SMITH HAROLD B. LEE N. ELDON TANNER The First Presidency |