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Show s DESERET NEWS, SALT LAKE CITY, UTAH j st Tail gunner 3 WEDNESDAY, OCTOBER 26, 1977 We stand for the Constitution of the United States with its three departments of government, each fully independent in its own field. The I LO is one U.N. body the U.S. can do without By November 5, President Carter must decide whether or not the U.S. will remain a member of the United Nations International Labor Organization. If the U.S. bcvs out, it will deal a serious blow to the ILO, since the $20 million a year it gets from Washington constitutes a fourth of the organization's budget. With even the opponents of withdrawal admitting the ILO has been diverted from its original purpose and is now largely a propaganda forum, the case for leaving looks compelling. So compelling that even such disparate parties as the AFL-CISecretary of Labor Ray Marshall, and the U.S. Chamber of. Commerce agree that withdrawal is the only appropriate course for the U.S. Though now part of the United Nations, the ILO is a relic of the League of Nations and is the only League organization the U.S. joined. Formed in 1919, the ILO was designed to defend the rights of workers around the world. The ILO can point to some notable accomplishments. It adopted conventions calling for an eight-hou- r day and a work week, holidays with pay, freedom of association and the right to e organize, and sickness and insurance. Though now taken for granted, many of these ideas seemed radical or unreachable when the ILO first embraced them. Moreover, the ILOs tripartite structure makes it unique among international organizations. Each member delegation consists of representatives of government, labor, and business, each of which theoretically exercises equal old-ag- The reality, however, is often quite different. In communist and many socialist countries, for instance, the state owns all the means of production and labor unions can scarcely be said to be independent. In many nations belonging to the ILO, workers rights exist only on paper. This authoritarianism was reflected in the ILOs disregard of due process when it condemned Israel three years ago without more than the semblance of adequate investigation. Next, the ILO granted Observer status to a nonrepresentative terrorist group, the Palestine Liberation Organization. Intended to provide technical assistance and supervise compliance with labor standards, the ILO has become hopelessly politicized. Last June, for example, delegates voted not to adopt an ILO committee report singling out a number of countries for having violated ILO labor standards. Russia and other communist countries did not support the report because of its allegations of worker mistreatment by the Soviets. Arab countries and many of their Third World allies voted with the communist bloc because the report aid not criticize Israeli treatment of Arab workers in occupied territories. ; If the U.S. withdraws, Secretary of State Vance warns, the ILO will be dominated by hostile nations. But they already dominate it. If the U.S. stays, many members say the ILO wall mend its ways. But there has been little or no noticeable improvement since the U.S. gave its initial notice of withdrawal nearly two years ago. By backing down on its threat to withdraw, the U.S. would in effect be telling other nations we dont mean what we say. By all means, lets pull out of the ILO. Don't extend ERA deadline How long .must this nation agonize over the controversial Equal Rights Amendment? When Congress approved the ERA five years ago, it was clearly understood that the states would have seven years to adopt or reject the amendment. But now some congressional leaders are trying to change the rules in the middle of the game. With the ERA still three states short of the majority needed to adopt it, a move is afoot to extend the March 22, 1979 deadline by at least two more years. two-thir- Since the traditional seven-yea- r period for ratification wasnt spelled out in the' proposal, Rep. Don Edwards of California claims that Congress can extend theHeadline whenever and for as long as it wishes. So do other lawmakers mentioned in James Kilpatricks column on this page. By that theory, some child labor and other proposed amendments that have been kicking around since the 1920s could still be adopted if enough states ratified them now. What folly. As time goes by, the case for the ERA becomes less and less persuasive because more states keep adopting more precisely drawn laws of their own on womens rights rather than resorting to a sweeping constitutional amendment. Moreover, its blatantly unfair to keep states from rescinding their previous approval of the ERA while also extending the deadline for ratification. Why prolong the agony? Americans wont learn any more about the ERA in two more years that they dont already know. More time never did improve a bad idea. Nor did shoddy, gimmicks. Seven years of wrangling over the ERA is enough. Congress should not grant an extension. last-minu- te No more elephants? Must the huge and apparently all but indestructible elephant follow a long and growing list of other animals into extinction? Theres room for wondering in view of this weeks report at the World Wilderness Congress on the extent to which Africas wild elephant herds are being wiped out. The continents elephant population is sharply decreasing, according to Iain an international authority on the animal. Last year, hunters in Africa killed from 100,000 to 400,000 elephants. Some hunters even use rockets fired from helicopters. Kenya alone has lost more than half of its elephant population in the past seven years. In Uganda, the decline is reported to be even greater. Douglas-Hamilto- n, Hong Kong last year imported 710 ions of ivory taken from 71,000 African elephants, the equivalent of the entire elephant population of South Africa. What a shameful monument to human greed and shortsightedness, considering that theres seldom a product of ivory that couldnt just as well be made of plastic. What a searing confirmation of Africas growing reputation for indifference to the preserv ation of its natural heritage. The economics of hunting provide an almost irresistible incentive to kill elephants. In Kenya, for example, a game license authorizing a hunter to kill an elephant costs $300, a fairly sizable sum. But the tusks of a small elephant are worth at least three times that amount. Indeed, since the late 1960s the pried of tusks has increased 10 times. With currencies everywhere in a state of flux, ivory is seen as a solid investment. become scarcer, the price of ivory goes higher, increasing the inducements to si aught r still more of the big animals and so on ad infinitum. Must the elephant lie hunted to the verge of extinction before Africa breaks out of this vicious cycle? As elephants The great blue whale has been hunted to the verge of extinction when voluntary conservation could have saved not only the whale but also the livelihoods of the men who hunt it. Lets not repeat the same mistake with another magnificent beast, the African elephant. When to retire? Admiral Hyman G. Rickover, who fathered the nuclear Navy, gave Congress some sound advice the other day on how we can make the most of our military manpower. Stop paying military pensions to servicemen who retire in the prime of nose gunners bottom VVNVVVVxi i rj i Terrorist a re rest room gunner luggage gunner Cockpit gunner School rift remains ,Q despite court rule RRT BUCHUJBLD By Lavor Chaffin Deseret News education editor The Utah Supreme Court decision upholding the constitutionality of the State Board of Regents (then the State Board of Higher Education) really didnt settle the controversy between the two state school boards. Comments made by Dr. Walter D. Talbot, state superintendent of public instruction, and by members of the State Board of Education (SBE) during meetings last week in Cedar City make that clear. Members of the SBE frequently speak of that boards constitutional authority for general control and supervision of the total state school system, from kindergarten to graduate school. At Cedar City they talked of achieving some of their educational goals, such as assuring each student has a vocational objective, by enunciating broad statewide policies which all state education groups, including the State Board of Regents (SBR), would have to support. The SBE members motives are sound, even if their judgment might be questioned. There are many areas in state education, such as teacher education, articulation between high school and college and, of course, the continuing controversy over governance, where better coordination is needed. But the very talk of such issues almost certainly fuels the competition and lessens the needed cooperation between the two boards. When members of the SBE talk about their authority for general control and supervision, members of the SBR become apprehensive. They dont want to be controlled by the SBE. Neither do college presidents who speak of the dread possibility of having to report to three boards, their own institutional councils, the SBR and the SBE. The controversy is aggravated by the gradual legislative transfer of most of the smaller schools in the state from the SBE to other educational boards. The SBE, at one time or another, served as the operating board for Weber, Snow, and Dixie colleges and the College of Eastern Utah. The schools were eager to get out from under the SBE because of another thorny issue over which the SBE once went to court. The SBE Koreans bearing gifts WASHINGTON I dont believe that the House Ethics Committee can truly understand the Korean He further stated that if investigation unless they read a book entitled the right questions had been .Korean Patterns, by Dr. Paul Shields Crane, asked the SBE would have distributed in this country by the University of won its 1971-7- 3 suit challengWashington Press. ing the constitutionality of the Dr. Crane has spent most of his life in Korea and SBR. wrote the book as a guide for Americans and other foreigners who are not acquainted with the customs In September 1971 Talbot of this Far Eastern ally. and the SBE filed suit in The chapter that is relevant to the Korean Third District Court asking is called The Problem of Gifts. scandal that the Higher Education It begins, "Koreans are among the most gracious Act of 1969 be declared unconstitutional on grounds that it and generous people one will meet. They are infringed on the SBEs con-- . thoughtful and considerate, and try by every means to establish personal relationships before they stitutional authority to govconduct any business . . . The giving and receiving of ern all state education. gifts are considered the normal operating commisIn June 1972 the Third sion for services rendered. In this context, every expects something in return. District Court ruled in favor of the SBE and the decision Dr. Crane says Koreans are very friendly and immediately was appealed to have the ability to work their way into the affections the Utah Supreme Court by of foreigners, which, at some later date, might prove the SBR. embarrassing. "Many Koreans, he writes, expect to use their friendships and connections for personal On Jan. 31, 1973, the Supreme Court, on a 2 decision, advantage and see nothing amiss in this approach as reversed the lower court and long as they are the main recipients of the favors. The only time a Korean becomes truly angry is when held that the Utah Legislature was within its rights another Korean gives a foreigner a better gift than he when it created the SBR. But does. Then he becomes critical of the foreigner who has been so stupid as to allow himself to be taken in four of the five justices agreed that the SBE does have by a group of thieves. constitutional authority for Th part of Dr. Cranes chapter that should be studied by the House Ethics Committee has to do with general control and superviof the entire school sion the manner in which Korean gifts are dispensed. system. For example, it is a Korean custom, after a death In a blistering dissent, Jusin the family, to present the grieving relative with a tice F. Henri Henriod said the white envelope stuffed with cash. constitutional language givIt seems to me that, since the main thrust of the ing control of the schools to investigation in the House has to do with congressthe SBE is crystal clear men accepting white envelopes of cash from the and that the reasons urged Koreans, Leon Jaworski should investigate to find out in the main opinion would how many U.S. legislators had deaths in their of the teeth Jefferson rattle families at the time they accepted the money from and scorch the parchment of the Korean CIA. the Constituion. This is what could have happened. A Korean obOne agent on instructions from his government could server labeled the court's have met a congressman in the halls of the Capitol action as a shaky decision. as he handed him the white envelope, Im and Its no wonder that it has sorrysaid, your mother died. failed to still the SBEs recurMy mother didnt die, the congressman might ring ambition to exercise what some of its members have replied, giving him back the envelope. Well, has anyone in your family died recently? honestly perceive to be its constitutional mandate as the I had a second cousin in Canoga Park who died a states top authority in educa- month ago. tional matters. The Korean agent would hand back the envelope, If members of the SBE Then please accept this with President Parks could stop talking about their personal condolences. just perquisites and devote I wasnt too close to my second cousin. more thought to cooperation, and if members of the SBR, If you were, the envelope would be twice as could the higher board, full. stop reacting defensively, the Im not saying this happened, but it's worth controversy perhaps could be looking into. If any congressman or aide accepted a settled white envelope at the tirr.2 there was a death in the But that may be asking too family, 1 believe he should be given immunity from much of ordinary humans. prosecution. gift-giv- er 3-- Dr. Talbot has had to operate under the state finance and personnel departments while most other educational agencies have not. This situation still persists. The controversy is a hardy plant with a seemingly seed which was sown in the Utah Article 10, Section 2 of that document defines the public school system as including kindergarten schools, coman agriculmon schools tural college, a university; and such other schools as the Legislature may establish. Section 8 states that the general control and supervision of the Public School System shall be vested in a State Board of Education, the members of which shall be elected as provided by law. Talbot told board members at Cedar City that "the constitution is very clear as I read it." ... Why 'Constitution' is a fighting word By James J. Kilpatrick It used to be said of Southern gentlemen that in any ranking of their favorite indoor sports, construing the Constitution consistently ranked in second place. This put the supreme law of the land in a nice one-tw- o race with whiskey, whist and women, and there it remains to this day. Here on the banks of the Potomac, our Constitution is once more the talk of the town. Three issues in particular, have provoked arguments in barrooms and cloakrooms. The first involves Senator Birch Bayhs scheme for extending the time to ratify the Equal Rights Amendment. A second has to do with the role of the House of Representatives in the matter of the Panama Canal. A third deals with the political future of the District of Columbia. city-slick- life after only 20 years on active duty, Admiral Rickover suggested. Encourage them to stay 30 years, and dont start paying pensions until the age of 55. For the record, it should be noted that Admiral Rickover is 77 and has been on active duty for 59 years. gunnel'1 It is a bit much, perhaps, to credit the senior senator from Indiana with of the ERA sole proprietorship 4 proposal. Rumors of a time extension floated around last spring, but it wasnt until two weeks ago that the possibility began to be taken seriously. Then Bayh talked with the staff of his subcommittee on the Constitution, and down at the White House, Counsel Robert Lipshutz asked the attorney general for a formal opinion. What is proposed, to slate the matter bluntly, is to change the rules in the middle of the game When Congress sent the Equal Rights Amendment to the states in March of 1972, the act of submission contained the familiar seven-yea- r time limit on ratification. This has been the time ffame, almost without exception, in every constitutional amendment that has been proposed since the 18th Amendment was sent out for adoption in December of 1917. The 18th (Prohibition) Amendment contained a seven-yea- r dead line within the body of the amendment itself. The same procedure was followed with the 20th and 21st Amendments in 1933 and with the 22nd Amendment on presidential terms in 1951. Scholars objected that the practice needlessly cluttered the Constitution with useless clauses, and thereafter the custom developed of writing a seven-yea- r deadline into rather than the amendment. This procedure has caused no problem. The last four amendments have sailed to ratification in periods ranging from three months to 19 months. Now the Equal Rights Amendment is becalmed. It has been stuck for more than a year at 35 out of the necessary 38 states. Senator Bayh and the White House have the seven-yea- r itch Their nebulous idea is to provide by simple statute lor a three-yea- r extension. This would give ERA proponents until 1982 to get their remaining three states. It is a slippery stunt, and could be pulled off only over the dead bodies of Senator James Allen of Alabama and 30 of his infuriated colleagues. If Bayh wants to see a filibuster to surpass all filibusters, he is welcome to give this a try. The second constitutional uproar involves the power of the whole Congress, under Article IV, Section 3. to "dispose of the territory or other property belonging to the United States. Beyond question, the nation owns certain property, in fee, in the Canal Zone. This is not a matter of sovereignty; it is a matter of title. No one questions the authority of the Senate alone in the ratification of a treaty. But is the the submitting statute, in . . . absolutely excluded when property is also to be disposed of? The attorney general says, yes, the House is out of it. Many members passionately disagree. The Supreme Court ultimately may have to resolve the issue. if anything Finally, what to do about the District of Columbia? The rest of the country may not be mueh concerned, but the topic stays hot in Washington. One idea is for Congress, by statute, to cede the District back to Maryland, but critics say Maryland's Legislature wouldnt take it as a gift, and the Constitution prohibits Congress from altering a state's boundary lines. Another idea is statehood,' which in theory might be granted by a majority vote in each house; but critics say that's impossible also. A Justice Department attorney, Patricia M. Wald, told a House subcommittee that constitutional amendment is the only route. Don't hold your breath till an amendment gets approved Nothing may come of all tljis but it's gbofl except clean fun and it beats arguing about cargo preference or the Lance affair. If anyone tells you the Constitution is a dull subject, dont believe it. This fall the Constitution House is a fightin word. i |