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Show Anthony Lewi High-Cou- Comrades in Sneakers , Sweat Pants Share Workout at Sunrise The Sdlt Lake nm were officials, from local police to the president Nor was it the results alone that made the courts new direction unmistakable It was the way the majority reached out to achieve those results, ignoring the traditionl. al rules of judicial An example perhaps insufficiently noticed in the rush of the last week's business was a case on the privacy rights of prison inmates. Most civilized countries assume that even prisoners have a certain residual dignity that the stale should not invade When it was disclosed in South Africa recently that certain prisoners are watched television, continuously on closed-circupeople were shocked. , In the case before the Supreme Court, a lower court had held that inmates had a limited legal privacy interest, protecting them against seizure of their belongings when there was no issue of prison security. Every lower federal court that considered the question had found prison cells protected to some extent by the Fourth Amendment's prohibition on illegal searches and seizures. BOSTON The power of the modern slate strains the central premise of Ameri- can democracy, the belief that freedom quires limits on government. For the levers of power available to governecoment today nomic, technological, re- would amaze not only Jefferson but Franklin Roosevelt. Over the last 30 years we have relied overwhelmingly on a single institution to set the limits on state power. The institution is the Supreme Court of the United States, and I think we did not altogether realize the extent of our reliance on it until the moment when the court made clear that it was no longer prepared to perform that function, i it When the justices finished their term last week, there was a stunned reaction among the public as well as legal specialists. It was By Jack Pluntze Special to the Los Angeles Times Aside from the health aspect, one 6f the joys of early morning outdoor activity is the camaraderie among runners, joggers, cyclists, walkers and assorted unclassifieds. People who would pass one another without comment during the day become part of a smaller, fraternal group in pursuit of the pleasures of the And even though we are a relatively small group in my neighborhood, we have our little subcultures and class system just like any other society. First, there is the Long Distance Runner, proud, a trifle haughty, the grey- - to secretly admiring the aloofness and superiority of the Long Distance Runner. The Walkers tend to be happiest. Since they have set themselves no absolute goals of distance or speed or endurance, they seem to enjoy the morning experience a little more. The Walkers sometimes seem a trifle about not sweating nor snorting for air, and so they often flail their arms or do hand exercises to compensate. It is rare that two Walkers pass without stopping for at least a perfunctory comment, a word perhaps about the weather or the Dodgers. They usually are older and they frequently walk in pairs: lovers, companions, married, man and Jack Pluntze, an international business consultant and nbo bas seen the sun rise over Londons Rotten Row and the peaks of Hong Kong, bicycles on tbe streets of Hancock Park, Los Angeles. dog. Then there pre-daw- pre-daw- n hound of the dawn, pulling chariots of fire. He will sometimes nod to others of us, but rarely does he utter a word, probably because every breath is needed to fuel his sleek machine. He Is surely the most committed of the dawn people, and in his eyes the rest of us are the booboisie of the morning. He usually hits the bricks long before the rest of us, runs for miles rather than blocks and secretly scoffs at those who do less. The Long Distance Runner usually is a loner, perhaps by choice, perhaps by dint of his commitment. The Joggers are, of course, the most plentiful of us. The Jogger is gregarious, glad to pause a moment for a friendly word or a new joke with one of his own. He runs for enjoyment as much as for any other reason, the dolphin of the parkways, happy and free. The Cyclists (of whom I am one) seem to be resented. Maybe it is because we are sitting down, or at least are able to sit down. I suppose we are something of a joke to the Long Distance Runner, even while straining to propel ourselves uphill or trying to avoid the tank traps and pitfalls that pepper the streets of our city. The Cyclists tend to be a bit snobbish and classify themselves according to those with foreign bikes and those without. I am proud to be a Cyclist, though I confess Jacksons Motives The thousands of men who stood up to the dictator and tyrant Fidel Castro take little solace in The Rev. Jesse Jackson gaining d freedom for 22 Americans in jail for problems! The world at large and Americans in now question the motives of Jesse Jackson. After the initial emotion of learning that a breakthrough had occurred resulting in some Americans being released from prison, we are able to see that Jesse Jackson was used to embarrass the United States government and to disparage diplomatic relations and protocols. After a commendable effort in the Democratic Partys presidential primaries, his image of selflessness is tarnished by a publicity-seeking jaunt through Latin America. In Cuba Castro had a three-da- y public relations orgy on the international stage. After cleaning out his prisons a few years ago by shipping tens of thousands of his worst ; criminals to our shores, Castro now gained tr. center stage to propagandize and allow Jes-,- ,, se Jackson to negotiate the release of a t; few Americans and political prisoners! If he meant to bolster his influence at the Democratic convention, it seems he has instead betrayed and exposed himself with this very unpresidential caper. His trip has been bad manners, bad diplomacy and bad politics. Jesse Jacksons arrogance while condemning America for a cycle of arrogance will do nothing but weaken his posi-tio- h as a potential leader and office holder. ROBERT L. ROBINSON Bountiful A majority disagreed. And it did not merely find against this prisoner on the facts, as it might have. It held in sweeping terms that the Fourth Amendment did not protect prisoners at all. ever, no matter how extreme the circumstances. It was the unnecessary breadth of the decision that drew from Justice Stevens the dissenting protest: By telling prisoners that no aspect of their individuality, from a photo of a child to not this or that decision that produced the reaction. It was the sense that our fundamental assumptions about the Supreme Court must change. The common thread running through decisions on diverse subjects this term was a reverence for authority. In case after case the court set aside limits on state power that lower courts had found in the law. The win- - 5-- The Way It Was Here are briefs from The Salt Lake Trib- ently frightened the perpetrators away fore their task had been completed. une of 100. 50 and 25 years ago. July 11, 1884 will be given at the Conconcert grand gregational Church on Tuesday evening. Mr. Robert Gorlinski of Salt Lake will assist the local talent and an enjoyable time is expectA ed. July 11, 1934 An attempt to dynamite the dike across Navajo lakq was frustrated early Sunday morning when M.S. Haycock of.Kanab was returning to his camp at the lake and appar- - are the Speed Walkers, the comics of the morning. Uncommitted to either running or walking, they have found middle ground, Mondale country. The human body is a splendid sight in the full lope of a proper run, but (he Speed Walker seems to be pulling our legs, mocking us with his comic-oper- a motion, and I, for one, will have nothing to do with him. As in every society, we have our misfits, the unclassifieds of the dawn. Among these are the Skateboarders, who seem to skate to a different drummer, head phones dispensing rock n roll, as they down streets and sidezoom hell-bewalks. The rest of us keep an anxious eye on them. I always will take a detour to avoid a Skateboarder. The Strollers are a breed apart in that they are out there in those same early hours, but they are there without a regimen of purpose. They are sometimes bird watchers or flower lovers or tree buffs. They will stop and stare for long minutes g at some delight. The best among them will probably know the Latin root for chrysanthemums. (Actually, it is German and just about as long). The worst among them will be merely sleepwalking. But with all our castes and cliques and prejudices, our different shapes, backgrounds and preferences, we are still one group, indivisible, brothers and sisters in our common love of the early morning, and very glad that the rest of you are snug in your beds and out of our way. stand-u- p July be- 11, 1959 When the human body's natural disease fighters go haywire the situation might be likened to any army turning against its own country. A disorder of this type has a big name and attacks children more often than adults. Called histiocytosis, it is roughly comparable to leukemia although it occurs less par-ticual- time-honor- GOP Lies, Innuendo The Republican Party of Utah under the d leadership of Charles Aker-lois presently shpwing Its true colors in its sickening attacks on the character and political ideals of a fine Utah statesperson, Frances Farley. . The use of Innuendo, false and misleading labels, and gutter tactics points very clearly to the desperation the Republicans feel they need to stoop to hold on to the 2nd District Congressional seat. I am appalled at the smear attempts on Mrs. Farley. Does it make you wonder why David Monson or Al- mean-spirite- S' ednrxda), Jul 1 A1 1, 1484 1 letter fruin a wile. i.-- entitled to constitutional protei tion, the court breaks with the ethical tradition that I had thought was enshrined forever m our jurisprudence Another example small but telling, tame on the last day of the term The court ordered further argument next term in a case testing whether evidence found by a New Jersey school official m a search of a student s purse could be used in a delinquency proceeding The New Jersey Supreme Court found the original search illegal, and the state had not challenged the ruling But now a majontv ordered that issue argued "The court has acquired a voracious appetite for judicial activism" in cases. Stevens said in dissent "at least when it comes to restricting the consti' tutional rights of the citizen He said the majority was plunging into an issue on which no litigant wants the court's guidance." and he added: "Volunteering unwanted advice is rarely a wise course of action." In terms of state power, the most significant strain in the term's decisions was deference to the president This was strikingly evident when the Court was performing the role of interpreting legislation. It repeatedly read statutes in a way that enhanced the president's power to do what he wished. The most striking decision of this kind was in the Cuban travel case. A majority ignored much legislative history in order to find that President Reagan, without going through simple procedures prescribed by could ban most American travel Congress, to Cuba. But there were also issues of affirmative action and environmental policy in which the court went far to fit what the executive wanted into the words of legislation. Professor Laurence H. Tribe of the Harvard Law School, a leading teacher of constitutional law, summed the term up in a sentence: "In one sphere after another, the court has affirmed the almost boundless authority of government over the individual and of the executive over the other branches. The stunned reaction to the court's change of direction would have been noted with ironic satisfaction by Felix Frankfurter. As professor and Supreme Court justice he warned against relying on judges to save our freedoms. But in the modern state, with power tilted toward the executive, where else are we to look? a 4 search-and-seizur- e 5-- 4 early-mornin- The Public Forum Tribune Readers Opinions drug-relate- ar nbune Decisions Curtail Freedoms rt New York Times Service physical T ice Shearer do not put a stop to this sinister campaign? Perhaps they are afraid to face the public on the issues or the positive aspects of their own campaigns. As for me, I want no part of a candidate who allows the moneyed powers of the Republican Party to systematically destroy the clean reputation of an idealistic Utah woman with pathetic smears done in back rooms with whispers and petty gossip. Are the Republicans so afraid of the popularity of Frances Farley that they cannot face the issues honestly and without the use of degrading methods? For me, this is giving me more reason to cast my vote for Frances Farley in November. KENT W. PRICE Holladay were at times completely discordant to the dates set forth in Mormon scripture. The Book of Mormon is a book without a place to happen. Evidence that the above is factual is seen by the inability of the church to specify the location of the events in the Book of Mormon, though we have all been led to believe that the ruins in Central America and South America were built by the Book of Mormon people. The Smithsonian Institution totally disavows that premise as Forum Rules Public Forum letters must be submitted exclusively to The Tribune and bear writers full name, signature and address. Names must be printed on political letters but may be withheld for good reasons on others. Writers are limited to one letter every 10 days. Preference will be given to short, typewritten (double spaced) letters permitting use of the writers true name. All letters are subject to condensation. Mail to the Public Forum, The Salt Lake Tribune, Post Office Box 867, Salt Lake City, UT 84110. Disregard Science The Tribune article of July 7 on Brigham Voung University conducting the Fremont culture excavations at Clear Creek Canyon in Sevier County should also have noted that it is a complete waste of time and money for the LDS Church's university to pursue any archaeological projects whatever. The university as well as the Mormon Church completely ignore all scientific evidence they find which disagrees with the undefendable tales contained in the churchs fantastic books of scripture. The Smithsonian Institution completely renounced any connection between the Book of Mormon and the early inhabitants of both Americas; and all archaeological evidence so far advanced graphically shows that there never were any people living in the Americas which will fit the description of those in not in language, writings, culthe book ture, carryover or anything else. Yet the church still refers to todays descendants of those early people, the Indians, as being Lamanltes, a term they are completely aware is dishonest and deceptive. The term native Americans means just that. Although scientific evidence indicates they had at one time or another migrated here from other areas, those migrations 4 does the location of the Hill Cumorah clear up in New York. Where, then, did this supposedly authentic historical account occur? Science and Intelligence say it never happened. Is BYU an honest institution? GRANT N. MILDENHALL American Fork . . Too Many Wrinkles This letter is in regard to an article printed in The Tribune on June 30: Republican Chairman Wants Reagan on Mount Rush-mor- e. South Dakota Republican Chairman Frank Fakrenkopf, Jr. told delegates to the Republican state convention that President Reagan's accomplishments make him a candidate to be the fifth president to have his likeness chiseled on Mount Rushmore National Memorial. I believe the lasting fame may never come to President Reagan who has too many wrinkles even to be considered for Mount Rushmore. NICK PETRIC Murray Faulty Water Test is better known as the Public Law 0 National Environmental Policy Act of 1969. It established that each generation should fulfill its responsibility as a trustee of the environment for succeeding generations and that each person has the obligation to contribute to the preservation and enhancement of the environment. Unfortunately, our present clean water program is not based on science and technology, since an important analytical test is used incompletely in our regulatory program. As a result it has provided incorrect data for treatment plant performance evaluation and consequently incorrect data for our water quality management plans. Realizing that this situation is unacceptable, the EPA is in the process of modifying its treatment requirements and it anticipates to publish its rules in August 1984. EPAs proposed rules, published in November 1983. however, clearly indicate that there will be an effort to cover up this technical mistake in the program. Their proposed rules will result in a significant relaxation of treatment requirements, thereby directly violating the intent of the NEPA oi 1969 and the Clean Water Act of 1972. How this will affect the situation in Utah depends on the final EPA ruling. Based on common sense and scientific principles, only 10 percent of Utahs treatment facilities will provide the necessary treatment to achieve the goals set forward in the Clean Water Act of 1972. Although nobody disagrees with the fact that the analytical test is used incorrectly (the word incompletely is preferred), its present use is ratified with the fact that the water quality in our open waters improved over the past decade. Ironically, this improvement is the result of the incorrect application of the test in the program. Treatment facilities do not per- - form properly on paper, but in practice do a much better job than is required and as such improve the quality of our open waters. However, since these facilities do such a poor job on paper; they are now being replaced with treatment facilities which will only perform half as good. The effects of our present water pollution program will not be felt immediately, but its impact will show up 10 years from now. The water quality then will force communities to refurbish their treatment facilities. With so many intents of policies violated, one wonders how all this is possible. It is possible because most members in committees and councils dealing with these issues do not understand the technical details and tests that are the basis of the programs and therefore have to rely on the advice of their own experts, who obviously do not like to admit to having made a mistake. PETER MAIER Keep Seals Alive I have just finished reading about 550 Aleut islanders who intend to slaughter 22,000 baby seals. It would be interesting to know how much they will be paid for their quota. Even $10,000 dollars seems an overestimate. In these days with the government paying the grain farmer for not growing wheat and the dairy farmer for not producing milk, for such a paltry sum, why can't the govern-- , ment pay the St. Paul Islanders for not killing seals? EDWIN W. SLATER Magna Reagan -- Brand Success The headline, Unemployment Lowest Since 1980 is another typical Reagan success story. He has now reduced unemployment to where it was when he took office. Given another four years he might lower bankruptcies and foreclosures on homes and farms to where they were when his administration began. And perhaps lower interest rates to where young people can again afford to buy a home. And will he again double our national debt and trade deficit? With his kind of successes, we simply cannot afford any failures. CHARLES B. HUNT r |