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Show a DESERET NEWS, SAIT LAKE CITY, UTAH A5 MONDAY, OCTOBER 3, 1977 VVe stand for the Constitution of the United States with its three departments of government , eCKh fully independent in its ov n held v Discrimination in reverse is still unjust Hard cases make bad law, goes a saying much favored by lawyers. In the session of the Supreme Court beginning today, there are few if any harder cases than that of Allan Bakke v. Regents of the University of California. And true to the maxim, it seems that whichever way the Court decides the case, it risks harm to the nation, Bakke is a white applicant to medical school at the University of California at Davis. He was denied admission. Of 100 places in the entering class, 16 were reserved for minorities blacks and chicanos. Bakke had better qualifications than the minority applicants. He sued. The California Supreme Court ruled the minority admissions program violated the guarantee of equal protection of the laws in the 14th Amendment. The case is now before the U.S. Supreme Court on appeal. If the Supreme Court upholds the decision of the California court the efforts of this nation to rid itself of the effects of past racial discrimination will be severely damaged. For example, according to Professor Terrance Sandalow of the University of Michigan Law School, if minority preference in law school admissions were abandoned, the number of blacks admitted each year would decline from 1,700 to 250, about as many as were admitted in 1964. On the other hand, overruling the California court would give constitutional sanction to decisions made by a government agency bestowing or denying benefits to citizens on the basis of race. While some help for the victims of past discrimination is surely justified, few Americans want a permanent system of separate and unequal standards for minorities. Reverse discrimination is still a form of injustice. The injustice is particularly rankling when it can result in watering down the quality of service offeied by various professions. Faced with the affirmative action issue in a similar case three years ago, Pick U.S. attorneys on merit When Candidate Jimmy Carter wrote that All federal judges and prosecutors should be appointed strictly on the basis of merit, he struck a responsive note in America. Now that hes president, I.lr. Carter doesnt seem to be taking his own advice too often in appointing U.S. attorneys. Of 94 U.S. attorneys, about one-thir- d have already been replaced by the Carter White House. Looming high in the selection process is you guessed it that old nemesis, publics. As the Cleveland Plain Dealer noted n panels recently: Although are screening prospective federal judges in a dozen states, only six states have screening committees to consider possible U.S. attorneys Respected U.S. blue-ribbo- consumers looking upon the coming checkless society with a jaundiced eye. The checkless society is known technically as electronic fund transfers (EFT), and because of widespread concerns, hanking subcommittees in both houses of Congress are now conducting hearings on bills aimed at regulating that activity. Already the technology largely exists to deposit paychecks into checking or savings accounts, pay regular bills automatically, and actually pay some bills by telephone. In some cases, a debit card that looks much like a credit card can be used for retail Cut to bone? An editorial from Journal, Elizabeth, N.J. Reorganization of the U.S. Senate has reduced the number of committees from 31 to 25 and subcommittees from 177 to 130. Theres only one petty drawback, and were almost ashamed to mention it. Committee employes have increased from 1,153 to 1,169. Thank heavens the Senate didnt really cut to the bone the country couldnt have afforded it. attorneys m Michigan, Illinois, and New Jersey, appointed during the last two Republican administrations, have been forced from office in favor of replacements with support of local Democrats. Thats also happening in Utah, with U S. Attorney Ramon Child being replaced by Ogdenite Ronald Rencher. Child has gamed broad experience in prosecutorial tasks, and to replace him now with an attorney inexperienced in federal tasks is to lose considerable expertise Effective and aggressive federal prosecutors are almost indispensable in fighting political corruption and organized enme. The Carter administration could add considerably to its luster by adopting stringent merit requirements for appointees. purchases. Computers instantly deduct such amounts from the buyers bank account and add it to the retailers. Dangers abound. A thief who stole a debit card and managed to learn a consumers code number could empty his bank account in seconds without detection. Inadequate controls exist over authorized payments to third parties to insure that the payments are limited in time and amount. And what about computer error, when payments or debits may be charged to the wrong customer? In addition, theres always the prospect of more invasion of privacy: Computer tapes which could be used by advertisers, merchants, political organizations, or government for their own ends. A bill presently before Congress would require a consumers written request before a debit card could be issued. It also would limit liability for losses, require written agreements before consumers could use EFT systems, and mandate receipts for EFT purchases, deposits and withdrawals, among other provisions. That should be the minimum requirements for a system that opens so much potential for abuse, error, and crime. If the system can be made to operate efficiently, much of the cumbersome and expensive job of handling checks can lie averted. But clearly we should proceed slowly toward the checkless society. Education But since 1970, it is clear that Utah has participated in the general national decline Evb dence shows that recent graduates of Utah public schools cannot read, wnte or calculate as well as their predecessors. Like other Americans, Utahns are paying more for education and getting less in return And like other professional educators, Utah educators seem determined to shirk responsibility for the problem The Report of the Advisory Panel on the Scnoiastic Aputude Test Score Decline recently said that "Every year for 14 years now, there has been a drop in the average scores more than a million high school juniors and seniors get on the Scholastic Aputude Test (SAT) oA7 tests arc rare in Utah Before 1967, data to chart Uie trend of learning in Utah schools s. J ar hpdl YC,. U'ltg IU ASf David Nelson, evaluation special I- l 9 ' From 1970 to 1977, Utahns' composite scores on the American College Testing (ACT) exams declined from 19 8 to 18 4 That decline largely parallels the Dr. Nelson national figures, noted 1 hough declining, Utah scores began higher than the national average and have remained better Almost 60 percent of Utah seniors take the ACT. With such large numbers, the steady decline is, as the national committee notes, "serious business There has been no lack of money. While test scores were decl'iing m the 70s Utah public school expenditures rose from $155 million to $320 million, and high-scho- uivu 1 . . u r. .! ti($vuvn uvii i it iLtuuc m construe ion corts. The average i I 1 ' VS iSKs. s" 4 V V V V. V t ' V. S. 4 i x'i x. ! U vWi 5 K , V, H t i V' $ V' V. 1 No 9 V A vV! Washington Americans long have suspected that a privileged class w7as being created in Washington, where pay raises come almost automatically and where few wGiry about such mundane affairs as recession touching their own lives. But it remained for the Washington Post to document it. According to the newspapers researches, Washingtons median family Income last year was $20,300 highest among the 10 largest metropolitan areas in the U.S. Long Island, N.Y., ranked a close second. Thats before the 7.05 percent pay increase that went into effect Oct. 1, which goes to 1.4 million federal white-collworkers and 2 million military personnel in this country and abroad. And, of course, 360,000 federal workers in the Washington area share in the largesse. Much of Washingtons affluence, of course, stems from the impact of the federal government on the local economy. What this does to Washington attitudes was thoughtfully put recently by the New Republic, which observed editorially: Washingtonians live outside the world of supply and demand, in a culture where there almost never is an objective measure of the value of ones work as in tons of coal shovelled, or numbers of hamburgers sold. So it is hard for them to connect the money they are paid with the work they are doing. If they work hard, it is for internal satisfaction. The money simply comes. In years past, public service frequently meant some considerable sacrifice by those who accepted government jobs. The pay was low, and the accent was on dedication and service. That situation isnt likely to recur as long as federal workers constitute such a powerful lobby. Only an outraged national outcry could possibly make a dent in the system. ar Afterthought . . . Our most appropriate national epitaph may have been penned not by a professional historian but by Will Rogers, when he observed more than 30 years ago that Americans conceived many odd inventions for getting somewhere, but could think of nothing to do when they got there. Sydney Harris the validity of the tests. But validity holds up pretty well under scientific scrutiny, and standard tests are the best comprehensive measure of students basic skills that we have. Teachers associations say school programs have "broadened and students now learn things that standard tests cant measure. When what can be measured is worse, why should Utahns belk-vthat what cant be meas ured is better In any case, teaching the three Rs is central to schools mission Success elsewhere cant make up for failure there One cannot help but suspect that the attacks of many educators on standard tests are in part an attempt to avoid public accountability for their work e The UEA should take the lead in recognizing the problem of declining basic skills and adopting a thoughtful program for all educators to solve the prb'em The dismal decline in the basic skills of Utah's student must n. w tjjfjituiodj ty rtrmtinim . -: r- ' It - m yv 4 Z v , - t- !1 MIND'S ART BUCHUUALD Olive drab laughter By Howland Evans and Robert Novak The shaky ceasefire that President Carter finally pulled off in southern Lebanon last week was the result of a drama boldly played out here, g m Israel, and in Saudia Arabia totally concealed from public view The stakes were far higher than suspected, both for Jimmy Carters slim hopes for an Arab-Israe- h settlement and for U S relations with two intimate Midcast allies Israel and Saudia Arabia. For the first time, the President sent a tough private warning to Israeli Prime Minister Menahem Begin- if he did not order at least two marauding Israeli troops companies of infantry plus armored personnel carriers and tanks back into Israel from southern Lebanon, Begin could not count on the good offices of the American President Coupled with this warning, after months of Israeli defiance over Carter peace plans, was an only marginally less stern summons to Saudia Arabia persuade the Palestine Liberation Organization (PLO) to pull out of their Israeli border areas As the PLOs chief subsidizer, the Saudis are powerful persuaders For Begin, the possibility of truly alienating the American President was, in the words of one Mideast expert, a real and present The implication sent Begin by danger diplomatic message through U S Ambassador Samuel W Lewis was that the U S could not go on financing Israels economy and security while Israel's army was on the loose in a neighboring country. Dayan got the full force of Mr. Carters true feelings about southern Lebanon in his talks with the President last month. Dayan, who is regarded by some diplomats here as flexible undoubtedly informed the prime minister following those talks that, with Mr. Carter angry over Lebanon and the U.S Senate unhappy over the settlements, Israel might consider a tactical retreat. That retreat led to the ceasefire m southern Lebanon, but it would not have taken place without the Presidents stern pressure a more significant player on Saudia Arabia in the Arab-Israe- h struggle than generally realized. With the Saudis, Mr Carters tack was the preservation in good health of the U S Saudi Arabian alliance without Saudi muscle to move Palestinian guerrillas away from the Israeli border, the President would have trouble persuading Congress to approve the sale of 5 fighter aircraft to Riyadh. What particularly marked the presidential handling of this crisis between the U S. and Israel over southern Lebanon was its novelty it was the first dear example that Mr Carter may be mastering the technique of rapid, silent diplomatic movement made possible ty American power exerted at the proper pants in correct proportions Although Mr Carter played his secret hand bnlhantlv m tins sideshow the larger issues remain impenetrable and menacing the rule of the PLO, the unavoidable question of a Palestiniman homeland and the Arab ui iiuiiiu fur full isiaeii wiliiurawai from sii A rah Janrta jn - super-Sherm- top-secr- et -- F-1- 1 I iJ kite is like a child: it needs lots of room to fly but will soon fall if uncontrolled and unrestrained. Photo and text by David Biy for the Deseret News WASHINGTON Mia dk A EYE Carter wins one I 4 a? amount spent to educate each student almost doubled Researchers are concerned by the drop in basic skills , and have studied its causes. Few researchers put the blame entirely on schools, and few hold schools entirely blameles More important than fixing blame is action to correct the skid Whether or not educators caused the problem, they are in the best position to correct it. But far from taking action, Utah's educators seem to be doing their best to ignore the problem or to explain it away. This week, Utah teachers will spend two school days at the Utah Education Association (UEA) conference On the e conference program, there is nothing dealing with pervasive worsening in students test performance, though this convention seems to be more concerned with better teaching than some in the past As tests snowed learning Has ilt Iiin i), ijie hauwai Education Association recommended abolishing the standard tests Teachers associations attack t 15'V n n ; V- JV3. I Utah spends more, kids learn less ist for the Utah State Board of 1 Living high in Go slow on 'checkless society1 Ever had trouble with a computer that kept billing you long after a bill was paid? Or one that fouled up your credit account at the department store? Then youre one of the many wary the Supreme Court ducked. It ruled the case moot and refused to hear it That course of action is not available in the Bakke case, but the high court could come close to it. The court could decide the case on the specific facts, limiting as much as possible the implications for other programs of racial preference in hiring, promotions, and admissions. Americans like clear dec'sions based on fundamental principles, and they resort to the courts to decide policy questions more than the citizens of other democracies But policy issues really ought to be resolved by Congress and state legislawhich should tures, not by the courts stick to interpreting the laws and the Constitution. Allan Bakke should gain admission to medical school. But whichever way the judges decide, the high court should avoid a sweeping mandate and allow American institutions to work out a series of local, flexible accommodations to the problem. WASHINGTON A Pentagon commission has just released a study recommending, among other things, that West Point cadets develop a sense of humor, something it found the academy was lacking. As anyone who has dealt with military officers knows, this is easier said than done But Im sure that if the Pentagon recommends it, West Point will give it the old school try. "All right, cadets, we will now- - devote the next hour to developing a sense of humor Bnnckley, are you prepared9 YESSIRU !!!!! At ease, Bnnckley You don't have to stand at attention Just tell us a joke A WHAT, SIR?!!!!! I - A joke. You know, something to make us all laugh. YESSIR! !!!!!! Weii, go ahead, Bnnckley. IN THE ARMY THERE ARE THREE KINDS OF FOOLS, SIR FOOLS, DAMNED FOOLS AND VOLUNTEERS Very good, Bnnckley. Very amusing What is it, Grunback9 SIR, I TOLD BRINCKLEY THAT JOKE LAST NIGHT IN THE MESS HALL. HE STOLE IT FROM ME. If thats true, Bnnckley, this is a serious violation of the Honor Code West Point has a rule . that a cadet will not lie, cheat or steal a joke from another cadet SIR, GRUNBACK HEARD THAT JOKE FROM SOMEONE IN THE SECOND BATTALION. HE STOLE IT FROM THEM Why didnt you report it under the rules of the Honor Code9 I INTENDED TO, SIR, IF IT DIDNT GET A LAUGH Thats not very funny, Bnnckley. Im afraid you'll have to go on report The academy will not condone joke stealing, nor the failure to report another cadet who stole one When you lead men into battle, they will expect you to make up your own jokes, and they will not follow an officer who takes jokes from someone else m the field. Have 1 made myself clear9 YESSIR !'!!'! All nght, now let's keep our sense of humor in spite of tlua tragic affair O'Reilly, can you make the class laugh9 YESSIR""! Well, go to it OReilly takes a banana cream pie out from under his desk and flu 4s it into the captains face cream off lus starched The captain, wipirg uniform, says, Thi was very good, OReilly. Im giving you an A in the course THANK YOU SIR""!!' d am also going to have you for striking an officer, insubordination and insulting the uniform of the United States Army under Article 12, Section 8 of the Military Code Birr R, YOU TOLD ME TO MAKE THE CLASS LauGH THEYRE HYSTERICAL "Good, then I am also adding the charge of mutiny What is it, Gnmstead9" SIR, YOU STILL HAVE SOME WHIPPED CREAM IN YOUR LEFT NOSTRIL. Do you want to go to Leavenworth, too? NO SIR, THAT WAS A JOKE I JUST MADE IT UP." How would you like to march around the in full battle dress for six hours9 THATS VERY GOOD, SIR. YOURE VsKY FAST ON THE REPARTEE This dass will not be given weekend leave for the rest of the year I court-martiale- parac-groun- ds WHY, SIR9 Becuco, you dont have a sense of humor And in going to see that you get one if I have to break " CVtfy UtiiC ill pni," IwuiCS i |