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Show Fjriul;. iTj.r n;..d; Univrr'.ity of lf, ;ih vlt LI;keCity, h Fm112 SALT LAKE CITY, UTAH VOLUME 17, NUMBER 127 Alabama Agency Supreme Court Decisions Defends Girls some, Dr. Daniel Ellsberg is a hero for distributing the Pentagon Papers with their secret history of how the United States got into the (war in MONTGOMERY. ALA. (UPU-T- he head of a federally funded agency accused of ordering sterilization of two young black girls has asserted that their mother was briefed on the operation before she signed her consent. A $1 million damage suit filed in federal district court on behalf of the girls, June 26, claimed the illiterate mother thought she was signing a permission slip for vaccinations when she put her X" on a document she could not read. The suit alleged that Minnie Relf, 14, and her sister, Mary Alice, 12, were sterilized on orders by the Vietnam. same issue has cropped up in the Watergate case. Simply stated, this is the issue: Is the United States government the arbiter of what information should be kept from the American people, what may? Once a document is labeled secret by someone in government, must it be kept secret and is anyone who makes it public without authorization guilty of a crime? The heart of the government case against Ellsberg was simply yes" to all those questions. It charged that by taking upon himself the authority to distribute classified documents. Ellsberg was en- dangering national security No matter what the verdict, guilty or innocent, that issue was certain to go to the higher courts, and possiblv Toothers, hes a villain for turning over classified government documents to unauthorized persons, But to many in the legal profession, Dr. Ellsberg is unim- July 30. What is important is a lost Joseph Conklin, director of the portant. Action Committee, said a notary opportunity to decide a legal which was at issue at his ' public quizzed" the mother about question her awareness of what she had trial. The 'trial ended because of gross signed before he stamped the misconduct, including burglary, by document. in the name of the those acting had been Conklin said the girls United States government. taking shots of a birth control drug, The Action may never come opportunity Montgomery Community Depopovera. but it had been version of the a although the Committee after slip was signed prohibited after March 1, when the again, because the agency was alarmed family planning clinic came under that boys were hanging around the jurisdiction of the Department of Drug-Pesticid- e girls and felt sterilization was the Health, Education and Welfare. The AMA .to . method. most convenient HEW, instructed clinics to discontinue using the drug because it had prevent pregnaicy. The suit asked that the agency be not been certified. forced to do everything humanly During the past fiscal year, NEW ' YORK (UPI) American Doctors report' about 5,000 deaths and medically possible to reverse Conklin said, the agency has been are the sterilization and asked the court responsible for 11 sterilizations, but children being increasingly among these cases, of which 2,000 to to clamp a nationwide ban oh such he said very, very few of them exposed poisoning by drugs and are children, But even these figures are pesticides, according to a report operations. A hearing was set for were performed bn Medical the American for prepared probably low, because many Association (AMA). poisoning cases are diagnosed as Dr. Jay Arena, professor of something else and only about 300 of SUPBEME COUBT OF THE UNITED STATES pediatrics at the Duke University the 550 poison control centers in the Medical Center, Durham, N.C., told United States report to the central a press conference, June 26, con- - agency in Washington, Arena said. Syllabus nected with a symposium on child Parents often dont report raw 0f poisoning at the AMAs 122nd annual child poisoning to anyone. Arena blamed doctors, in part, for meeting that an estimated 2 million CITY OF KENOSHA et al. v. BRUNO et al. accidental poisoning cases take the number of casualties, saying place in the United States a year, they failed to keep parents in tune APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE with the growth and development of EASTERN DISTRICT OF WISCONSIN jhiidj-gand their ability to get hold of poisonous household No. Argued April 18, 1973 Decided June 11, 1973 products. He described every child as an explorer who wants to taste Appellees, who apparently because of alleged nude dancing at their things retail liquor establishments were denied renewal of their one-yeDr. W, J. Russell Taylor, director of the Clinical Pharmacology-Toxicolog- y liquor licenses, brought suit under 42 U. S. C. 1983 for declaratory and injunctive relief against the cities of Racine and Kenosha. Center at Philadelphia General claimed of due Hospital, said pesticides deprivation Appellees procedural process arising account for about 10 per cent of from the cities failure to hold adversary hearings before chemical deaths, even though toxic refusing to issue license renewals, and the unconstitutionality of ALBANY (UPI) One-thirof the pesticides have been banned from the local licensing scheme. The Wisconsin Attorney General interpersons responding to a survey on the domestic market. He said the vened as a party defendant in the proceedings. The cases were the courts said they doubted they pesticides are for summary judgment and stipulasubmitted on would receive a fair trial if arrested more toxic than the DDT they while 90 per cent believed a tag replaced. tions of fact. A three-judg- e District Court held that in light crook would go free with the help of of the equitable nature of the actions it had jurisdiction under a smart lawyer. 28 U. S. C. 1343 and the court declared the statutory scheme The sampling of attitudes toward unconstitutional and enjoined its enforcement. Held: the court system was made by the 1. A city is not a person under 42 U. S. C. 1983 where New York State Bar Association in a equitable relief is sought, any more than it is where damages are questionnaire published in the sought, Monroe v. Pape, 365 U. S. 167, 187, and the District Albany Times-UnioNearly 85 per cent said they did The results, released June 21, Court, therefore, erred in concluding that it had jurisdiction over not have enough information on showed that of the State Capital 1343 since only the two the complaints under 28 U. S. C. to make an intelligent choice District readers who filled out the municipalities were named as defendants. Pp. 4--6. between judicial candidates in the questionnaire, 93 percent said court 2. The District Court on remand should consider the jurisdiccases were delayed too long and 70 last election; 56 per cent did not tional questions presented by the State Attorney Generals interthe names of the can- per cent said judges did not work remember, S. U. 1331 C. vention and the availability of 28 jurisdiction, they voted for, and 7 per hard enough. cent said they were dissatisfied with as well as the decisions issued subsequent to that courts judgment' Respondents were evenly split as the present method of selecting Sinder-mann, to whether they had confidence in in Board of Regents v. Roth, 408 U. S. 564, and Perry v. the integrity and ability of most of judges. 408 U. S. 593, which are germane to the due process issue Robert MacCrate, bar association the judges in the courts in the state, and California v. LaRue, 409 U. S. 109, dealing with broad state president, said that while the but 41 per cent said a good number authority over liquor distribution. Pp. 8. small number of persons of judges could be bribed to fix a Vacated and remanded. answering the poll might leave the case. The rich and the poor do not get scientific sipiif icance of the results RehnquIst, J., delivered the opinion of the Court, in which indoubt, it is hoped that this initial equal treatment under the law, Burger, C. J., and Brennan, Stewart, White, Marshall, Black-icu- n, will save as a basis for the survey according to the opinion of 92 per end Powell, JJ., joined. Brennan, J., filed a concurring cent of tiie readers, and 76 per cent dwewpmaitof a program to sample filed which in an opinMarshall, J., joined. Douglas, J., opinion, feel that white and blacks do not get public opinion with respect to the courts. ion dissenting in part. equal treatment. See FRIDAY, JULY 6, 1973 Secrecy Issue Lost in Aborted Ellsberg Trial By George J. Marder WASHINGTON (UPI)-- To Sterilizations v details page 4. . Warns On Peril to Kids teen-ager- s. the Supreme Court if it would hear the case. The government arguments could be summed up this way: No one, except those in government, has the right to end the secrecy of govern-com- e ment classified documents because no one, except those authorized in government, has all the knowledge required for that task The broad lines of the Ellsberg legal defense also were well known. They go this way: The mere fact that the government says something would endanger the national security doesn't make it so. Governments too often keep information secret because it would be embarrassing to officials rather than to the national security . What if the government tried to, cover up a crime on the ground that word of the 'rime would undermine confidence in government during a crisis and therefore endanger national security? Should such secrecy go unchallenged? Challenging the substance of government secret classification is a proper defense. Well. never know how that issue, would have been resolved by the Ellsberg trial. But the. President now has raised the issue of national security in connection with some of the ramifications of Watergate. Does that mean they also are untouchable under the doctrine on government has all the knowledge necessary to make such a i Public Skeptics Rockefeller Is of Hpofh Irprl U CO LI CU Ql On Fair Penalty Ruling D. n 72-6- 58. ar full-blo- Justice, N.Y. Poll Finds wn d organo-phosphoro- us cross-motio- ns n. I 1 1 Bassett By Clarence ALBANY (UPI) -Ithe recent New York State Court of Appeals, f decision knocking down the death penalty for murderers of peace officers is upheld by the U.S. Supreme Court, Gov. Nelson Rockefeller says, he will ask the legislature to approve a new capital punishment law. The state's highest court ruled, June 6, that, based on the reasoning of the ,U.S. Supreme Courts 1972 death sentence decision in Furman v. Georgia, the New York law was unconstitutional because it gave the discretion to decide when pital punishment should be posed. Saying he was deeply concerned deterrent provided by the im-whi- ch had been un-dida- te, aernJd by the ndiago. jn an appeal slaying of two Oneida County . 6-- lively . chief Judge Stanley H. Fuld and of flve of the U.S. Supreme Court Justices in the 1972 decision seemed to leave open the possibility that the state legislature could enact a law mandating capital punishment in certain cases. . |