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Show Hjii David S. Broder Hr-- i ''riion Tuesday Morning, August 7. l!)7:i r I I Case Against Cambodian Bombing Opportunity to Judge Powers Although they are presumed to authority to deal with challenges to ers and military policy of the blanch, the US Supreme Court lower federal courts have declined that jurisdiction have the war powexecutive and most to assert Most such challenges have surfaced while lighting was in progress and the courts, realizing the threats posed In tests of military judgment, found wavs of sidestepping the issues Justice Thurguod Marshall, alter telephone contact with the other Supreme Court members, decided to hold with tradition .Justice William 0 Douglas, likening his action to had a "stav of execution in a capital case. oidered an immediate hall to US bombing in Cambodia of A suit challenging the constitutionality l.ist month the bombing was brought by Hep V and four Mr Kli.abeth lloltman. Foice officers Federal District .Judge Ornn (1 .Judd on July 23 ordered the booming stopped Hut the U.S Circuit Court of Appeals for the Second District, stressing that its decision was procedural and not on the merits of the case, grant' d a stav of the Judd order until Aug HI. two days before the deadline for stopping the bombing which Congress imposed in a compromise with Iresi-den- t Nixon l.aler the circuit court set a hearing for ug N and Friday Mr Nixon reluctantly told the Mr Force to end the bombing on Aug la as agreed In declining to stoi the bombers. Justice Marshall apparently reflected the v lew that the questions being raised were too complex and possible rulings too important for a quick break with tradition That is a reasonable 1)-- . AFU-UIO- labor down as president of the organization After serving briefly as interim appointed president. lit- Murray steelworker was first elected to the1 top post m 19l3. An indication of Mr. Bergers popularity with Ins fellow labor leaders is shown in the fact that he was elected by acclamation Subsequent efforts by other union members to gam the president's chair were totally unproductive While tenaciously committed to the cause of organized labor. Mr. Berger remained a calm voice m what can often become a super-heateatmosphere His administration can hardly be characterized as flamboyant, but it can accurately be labeled as one of Ja.OlNI-memb- I d k , a A Modest Start The Washington Post For two decades, BE.WER ISLAND. MICH. and subthe reports issued by committees M Jackson, Sen Henry committees headed by have been distinand guished by a clarity that stands in directness shining contrast to the mass of indigestible prose churned - dictum which .Justice Dougin-- - also recognized though he responded dilferently to Ihe appeal There are occasions when much good and little harm dime from a single pi dice staying some action of tcmpoiury notoriety Hut 'he issues involved m the Iloltmar. case are fundamental and if Ihe court is to tangle with them at all it should do -- o a- - a body, not as an individual acting for the full court The government, in filing an immediate appeal of Justice Douglas' mime forced such action on the vacationing justices and appelate court proceedings scheduled in New York could still force the issue out on Capitol Hill On subjects ranging from the national security apparatus to the protection of the environment. Jackson's staff reports comprise a lure on major issues The explanation from the manufacturers is strikingly similar to that given by oil companies: supply simply did not anticipate the great surge in demand. As a result, not factories (refineries in enough the case of oil) were budt to satisfy new contoilet-makin- g struction or replacement needs. Petroleum industry spokesmen say it takes up to three years to complete a new refinery for increasindusing gasoline supplies The water closet of to one finish two it takes years try says their plants There is an inclination to snicker at a potty shortage but those people on the waiting list are not flushed with laughter. In issued Thus, one can refer readers to a report Comby Jackson s Inferior denthe about usual mittee. without the warnings official of language and incomprehensibility sity The document, officially entitled Senate Report was drafted largely by Steven P Quarles of the committee's staff. It is designed to explain the background and provisions of the land use policy and planning assistance act. which passed the Senate last month and is now being worked on by the Despite the courts' traditional and well reasoned, reluctance to mteilere with military or foreign policy, the lloltman suit issues withoul erid.m presents such clear-cugenng any troops ui action that it should be acted upon to establish precedent lor gmd mice of luture presidents From the standpoint of whether the bombers are grounded light now. the cx.se could be considered moot in view of Mr Nixon's orders to the Air Force Hut as a matter oi pnncrple and in view of this administration's tendency to assume powers no! clearly defined. the points raised beg to be adjudicated House Interior Committee. Short-tours- t short-cours- Vn.XVxj Don t editor effective lobbyist. Mr Beiger worked the l.egishi'ure tirelessly duung sessions to keep legislators informed ol labor's position on bills under consideration He seemed to be everywhere, talking with senators and repiesentatives or state officials F.ven Mm casual legislative visitor was virtually certain to see Mr Berger m the Capitol halls Mi rnluinc been plumbing have 1 the depths ol n. v limited vocabulary tor adiei tnes ( 't'o lest noun; of John K'.irlicliman be Font in hull's '. Ve have hexed Ini' n 2 .ulvi.cr ef the Ii'cm-deof 111" I mtod Slates, whose pronouncements must mil dill'er greatly from tho ideas of the man foi whom he has been speaking tor the past lour yeais ,1 m in posing as a loseivoir of political know ledge amt frankly declaring himself ihe paragon ol all vuliie. deieiuiinu in every detail one of Pie most scandalous episodes in the history of the exec uiive blanch of Ihe government lets take a look at the tilings for which tu la liman stands and for which he .agues so ii to believe that Utahns have heard or seen the last ot C F Berger It is not likely that a man who has served actively ill organized labor since long betore the HI3.3 lie was merger of the CIO and FL wle-Staid CIO president, will pist told his lent is hard and steal away Mr Berger's views, while soon to be inofficial. will still be heard in their calm, yet forceful way. While those opinions will be subject to debate, they should continue to be welcome throughout the state timomptomising'y amt pugnaciously ! He supports cm both legal and ethical grounds the breukm and burglary of ttie ofiice of a pi iv ale psy i Inal mt in older to o'oiaui a "p.yclnal-iipiolile' on ')r Kllsberg on trial in a Los W'geles eoii! t enlne'y proper to interview Judge Dry nix presiding in the Inal ot the t S vs nisbcig. regarding the appointment of 2 some parts of the country hospitals and otimr public buildings are unable to open for keck of essential chmavvare He considers it 'he position ihe lodge P' of dnector of the FP.l He uoholds the creation of a secret securivulhin the White House to bypass the agency ty FBI ami ( one ol the employes of the secret York jiohcem.cn recruited agency being an die spec die. dlv for the purjiO'O of investigating private lives of political ojiponents. assuring us that it is Hie function and duty of the White House slat in inform us voters at home of the personal foibles ot those wtiou'i we have sent to Congress as our repiesentatives We are told that some of lliose individuals stagger into their seal, in tile lti.it Iliev can legislative ch.m.bei- - "so h.iuil' know op winch side of the aisle they ! Salt Lake City has not escaped the inconvenience. Some residents who have bought newly built dwellings are unable to move in until all the bathroom equipment is installed, but delays continue. One acquaintance so troublcxl found fully plumbed temporary lodgings in Park City and commutes daily to work in Salt Lake City. This will go on until his new hut toilet less quarters are pro- I V t nounced completely functional This poor fellow, in hi.s desperation, has been known to suspect a conspiracy between the oil industry and lavatory suppliers the belong former profitting from gasoline sales promptlatter's backlog Obviously, these are times when conditions conform to the most extraordinary leaps of a consuming public's imagination Public' Forum letters must be submitted exclusively to Ihe 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 writer's true name. Ail letters are subject to condensation. picture of a White House staff honeycombed petty cnnun.d.s who do not hesitate to impugn Ihe motives of their fellow workers to save their own skins a wiili both legal and ethical to hug the telephones of government enqiloyes and tape all conversations taking place in the Oval Office without the knowledge of those participating ing these conversations, this in order to obtain a historical record for future generations He claims 7 it .is .3 is out. Secretary of become ambassador to Moscow and Russian to ' Washington 3 Anatoly F Dobrynin will be- come Soviet foreign minis- it. replacing Mulrei A j f Kissin- - vU Gronnko lleiirv ger. Piesicient Nixon's ad- - I viser on natioial security affairs, may leplace Rogers at Slate, although less certain 1 5, the d'ul-lair- s bsence Incredible this is 1 ilSas. tnpol.tr Mr. Hcmpstone which Nixon and Ki,.inger have been carefully constructing, every move toward China murt be balanced by a gesture of s similar weight toward the Soviet Cmon The and the Chinese are sensitive as debutantes at their first cotillion about such things Created a Problem In sec rotary of sta'e m the White House of man the friend Biuce a c Tho appointSo Peking ers jt'oiiit'v geiier to Peking, the Russians made it clear that they wanted an ambassador of similar stature That ruled out a number of area specialists such as Vlolpli Dubs, the Mnerican charge in Moscow, and career amh.issudms to ern European countries such as the able "M.n Toon in Belgiade woi Id Rus-s.an- With the appointment, in Ma.zli of David K E Bruce to be chief of the United Stab's liaison of- fice in Peking Nixon created a problem for himself. The Bruce apjiointment was generally considered a masterstroke The Marylander has few peers as a diplomat He had served five Presidents as ambassador to France. West Germany and Britain, and af head of the Amor can delegation at the Vietnam peace talks in Parfv The Chinese not unnatural were flat- When you think about it. it is inn edible that in a nui tear age. th'Te should bp no Mnernun ambassador in Moscow With the ngoing of van ous Irado deals between the Sovul I mon and tin United States, the urgency of the situation was underlined President Nixon and Soviet Commuthe nist Leader Leonid I Brezhnev discus.ec matte during the latter's visit to Washington in June When David Rockefeller turned down the lob ' 'be piob reportedly with a resounding "hell m Moscow siinplv ha art Hie lem became aeule allure for big campaig.. ('nrurihuior. inr pei'xin. mine importantly, for their wives) 'hat Jordon and Paris have Wioie's aie leng and vmi (.ml go to the ballet everv mgnl Not sorry to I I! call; on the states to develop land u.e plans for areas within their borders where the "impact on citizens, the environment and the economy" reach far beyond the jurisdiction of the local zoning body. It specifies five categories of land thal would have to be included in the state plan ' Areas of critical env ironmenlal concern, like beaches, wildlife habitats and historical areas: key economic facilities, like airports, highway interchanges and industrial and housing power plants: large-scaldevelopments; regional public utilities, like waste disposal or sewerage systems, and large land sale or recreational home site developments e Growth and Preservation It is neither mentalists' . PETRIC bad put liu own into eclipse and Mibiectrd him to almost d.nlv humiliation in the pies, W fi.it he would n.illv like i, appointment to the Supreme Court nut tneie ate no vacancies at jiresent. and a uuHfui siiekh in Momow would have its virtues as a holding .i!torn hadeveloped a closp with Rogers over the past working relationship fohr years, he is long overdue for reassignment Russian and promotion Ihe affable b Washington for an he, hi en Soviel ambai-adomi rubble 11 veur. uunng whkh 'line he has helped In dueit 'he transition from an era of s for Dobrvnm no wh 'he Riissnui in, ml of 'he I riled st. ile, are If veil as-uview Soviet rela-- t of ti aiisc endental otriervv.se e and von canno' .l'.urie the appomiinent if Dobiynin to replace iriormko a hard nosed lebc of the ( old War (he has b en fureun .ini'iisH r since 1937) makes eminent good sen. Ll! tic ularlv at tins lime ir,p 'gal, , What is envisaged lieie is nothing less than an nationwide discussion of the future of the open, American landscape the shape of our cities and suburbs, the placement of our factories and farms the preservation of our lakes and parks Editor. Tribune Due chiefly to arrogant, There is no better way to prepare for the disgreed today's drastic food crisis is of cussion than by getting the Jackson report. And vital concern to everyone The scare propaganda unlike the income lax ionn. you will be able to of a dependable press, that the situation will worunderstand it sen daily for an unforeseeable future, incites frenzied buying and emjity grocers' shelves MARGARET BURTON Rill ailgluills Orbiting Paragraphs On campus, of people Dean's list lot it s an honor, but in Washington a would just as soon not make the who !o one of ru'goti.i'ior 1' Result of Greed cave ger. as is well known, would not be sorry to leave State Die r..e of Heniy Kissingers star K Iheri So. almost by elimination Roger, lieijme the most logical appointee Vs far as the Russians were concerned, a man wV had Icon Eisenhow Nixons and a (lose w.i. a turnip penchanl ment would satisfy Nixons for "firsts " No secretary ot slate in modern limes lias been named ambassador alter a tour in Foggy Bottom Hut u, stales g Murray But. with the retirement of Mtibn.'.idoi Jacob D Beam, a career diplomat in January the Moscow post had become vacant Alter Bruct s The bill provides mechanisms for interstate cooperation in the planning process and for coordinating Ihe planning efforts of the federal government and the Indian tribes with lliose of the a developers' bill nor an environbill, but recognizes that the offsetting s lie claims that the President can refuse to goals of growth and preservation can best be allow jny of his employes to testify in court and reconciled through a sensible decision-makinto withold tapes and documents trom ae Select process Committee It has drawn the supjiort of major industry, In summary, we have an adviser to the Presilabor, environmental and farm groups It is dent of the United States justifying the setting up backed by governors and mayors, by such liberal of a police state, only one member of which lias senators as Jackson. Frank Church and Mark been elected, unrestrained by ei'her constitutional Hatfield, but also by such conservatives as Jim or ethical restrain';, No wonder free men shudder McClure and Jim Buckley. Secretary of Interior at the eoncep's 'if government delineated by John Morton called it a keystone of Ihe President's Khrliehman env ironmental program. It GRANT I INS The Senate passed the bill by wide margins in Murrav 1972 and again this ximmqr East year it was blocked in the House Rules Committee by a variety of political and personal quarrels, but this Resents Slur year the manager of the House bill. Rep Morris I Debtor. Tribune resent the racial Cdall. deeply sees much better prospects of its remarks made by John J Wilson by calling Sen. becoming law Daniel tv Inouyc. "a little Jap" Mr Only First Step WiNon could be a patriot but I prefer the call-tie- r But thal is only the first step What is imporof men such as Sen Inouyc Sen Inouye lost tant is the use the states make of the opportunity his right arm in Italy during World War II and re- it provides The bill requires that states include ceived the Distinguished Service Cross We need a local governments, property owners and the man such as Sen Inouyc to run for the President public in every stage of the development of their of the I nited Stales in 7li land use plans NICK Prediction' Before the year Mate William P. Rogers, will It is not a national zoning law. It does not even call for statew ide zoning. W hat it docs is to authorize about a billion dollars over the next eight years to encourage the stales to develop their own procedure's and blueprints for planning their own future growth Planning Process , lie anuses the l.Be .! F.dgai llonvet. no longer able to delemi himself against a vicious accusation of relusing to make an impailial of llie Kllsberg case because of a long law friendship with Kllsberg s f.ither-He nislifies the use of campaign funds to Ihe lawyers defending those arrested in the pa 4 ed by the ties e li lie In anils most of those who testified tne Senate Committee us liars, thus painting to: the sci'ale Select onumt'ee invest mating the bieakin if Walt iv.de Ium Iqu, inters of ihe Demo uatic 'i! tonal Committee Here s chat I come up with unbelievable me redible. astounding f; igh'emng - will be needed for industrial plants, highways, power production and transmission facili- Watergate burglary supjiort the families of these criminals and meet the blackmail demands of some ol them KloTichman Summary e It is not technical and it is dramatic You will learn, for example, that "Each decade, new urban growth will absorb an area greater than the entire state of New Jersey. Millions of acres The Public Forum steadiness and steadfastness 30 next century U Watch wliat we do. lislun to what wc kiv Rogers Could Be New Envoy to Moscow. Before 1974 stllGTO Education e about pages, the report provides the education on the law of the American land, the pressures of population and economic growth on that land, and the prudent steps we need to take to husband that resource into the In Smith llempstotie W - earlier this summer A Conspiracy in Shortages? one has heard of the gas shortage. And then there's the apparent beef shortage. Headers of The Tribune were recently informed about the newsprint shortages as well. Now, the Wall Street Journal reports that there aren't enough toilets to go around either. Mr. Broder campaign c Kv cry of re- Jackson-for-Presi-de- Despite the great odds of its having a practical eflect within the limped time frame, the lloltman suit is not a frivolous challenge to executive authority, a fact both and Doug'as recognized Justices Marsh; The continued bombing ot a country which is no dii ect threat to Mnoricun security and with which the US is not otficially at war surely raises grave constitutional questions It htera-- ' showing a promarkable quality and fehcitv notable for its was ironically, which, fessionalism absence m the abortive 1972 Still to Be Heard Several times during his tenure as presi. dent of the Utah State attempts U K. to unseat made have been Berger TJiey never succeeded This year they will, but only because Mr Berger has decided to Mep Sen. Jackson Bill -- As a move toward conserving gasoline, the neighborhood fi'ling station refuses to hand out majis covering more than two counties The lu tie boy down the block says he wouldn't growing up to lx1 President, but doesn't think his mother would let turn play with boys of the kind who hang around the White House mind British doctor thunks Hiat her portrait indicates Mona Lisa was pregnant Is the famous Gioconda smile merely an indication she was thinking about dill pickle.' One ijjFficulty there is ijpl-sta- r wnn the Game of Life is lha break |