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Friday, February 2, 1973
University Daily Kansan
KANSAN comment Editorials, columns and letters published on this page reflect only the opinions of the writers.
Dirty Politics
A soft haze of noxious fumes has grown over the Kansas City area. This state's rivers roll sordidly in their beds; its atmosphere is beginning to conform to the industrial revolution. But the winds of environmental neglect have been clearing of Topeka, because a good number of our state officials and legislators apparently couldn't care less.
In 1971, the federal government set guidelines for state compliance with the 1970 Federal Clean Air Act. The Interior Department's legislature has yet to take seriously.
The Environmental Protection Agency (EPA) has disapproved Kansas' air conservation law because this state does not require information on air contaminant emissions on the ground. The EPA will require the air cleanliness standard here would allow the atmosphere to become dirtier than it already is.
Industries in Kansas are not required to make periodic reports to any governmental agency on the level or chemical content of air contaminants their factories emit. The state depends on such reports but seldom does, and will not willingly release what data they do have.
Health department records must remain confidential so long as they identify the owner or operator of an emission source, or if emission data are unique to the source—if the data concern trade secrets, and publication would create a competitive advantage or disadvantage. Disclosure of such records constitutes a class-C misdemeanor.
Whether such records concern unique trade processes is up to the discretion of a factory's owner or another organization exists to substantiate his claim.
But the crux of the legal confusion lies with Melville Gray, director of the Environmental Health Services division of the health department, according to Sen. Norman Gaar, R-Westwood, who favors a stringent environmental controls. Gray has interpreted the law to mean that he cannot release any emission data because he doesn't have access to the internal secrets, Gaar said. Without a court order, the senator said, information from Gray's files is closed to the public.
Gray was also responsible for Kansas's clean air standard, which
according to EPA standards, allows for degradation of the air's cleanliness and offers no effective time of compliance. Former Atty Gen. Kent Frizzell and Vern Miller both issued rulings in agreement with the EPA appraisal, but the standard hasn't changed.
The legislature has been no more responsive to EPA standards than has Gray. The Senate, by a 26-13 vote, passed a bill Tuesday that would bring Kansas into line with EPA standards, according to the bill's sponsor, Sen. Wesley Sowers, R-Wichita. But the emphasis of Sowers' bill is to amend the current law to read that nothing shall prevent making public any records, including emissions data or committing emission data for which "applicable regulations" are established. Such regulations, which would still limit the data available to the public, do not exist. The department of health would be responsible for bringing them into existence.
The legislature has fallen prey to individual interests. The three senators most adamant about pollution control are from the Kansas City area. Most rural legislators are unconcerned with pollution problems, which don't exist in their districts, and see the EPA rules as one more encroachment by the federal government. And a good many other senators and representatives seem weighted down by financial concerns of their constituents.
The federal government is not about to force this state into compliance with national antipollution regulations. EPA has made an attempt to effect their rules by offering to disseminate the kind of information that the state is required to put in federal engen just doesn't have complete records of air contaminant emissions in Kansas.
If the governor rejects Sowers' feeble attempt to solve our difficulties, which is now bound toward a House of Representatives that will improve it, we may have a chance to salvage the quality of our atmosphere.
Even so, the patry respect given this first issue of environmental-protection legislation to come before the 1973 legislature indicates a move toward a more promising optimistic future for our state's nonfinancial necessities.
—Linda Schild
Newsmen Win One, Lose One
WASHINGTON-Two cases have come along in recent weeks involving the continuing struggle American journalists to resist censorship, speech and free press. One of them, for the time being, is a victory; the other, for the time being, is defeat. Neither of them has won.
James J. Kilpatrick
The victory was recorded in New York on Jan. 23, when U.S. District Judge Charles L. Briant ruled that news analysts and commentators, engaged in the deliberate expression of opinion on public affairs, cannot be immune to recommendations of the American Federation of Television and Radio Artists, AFL-CIO.
The suit was brought by William F. Buckley Jr., editor of National Review, and M. Stanton Evans, editor of the Indianapolis News. Both of them work extensively in radio and TV comedians, as well as conservatives; both were dragged into AFTRA over their orts.
Briant took note of the AFTRA constitution, which permits the union to fine, suspend or expel any member who commits an act "which in the opinion of the (AFTRA) Board is prejudicial to the welfare of the association." It became evident six years ago, when the union sought to punish Chelton Huddley, that such acts were not a breach of the line. For any union to have power to stifle the expression of opinion on radio or TV, said the court, is a violation of the First
If Brient's ruling stands up — the union is appealing — it will mean that those of us who deliver it should be able to trust the protection of the chilling intimidation of AFTRA's union shop. The ruling does not apply to TV newsmen and anchormen who report such things, such, but the whole process of editorial selection is a process based on opinion, and Brient's reasoning would appear to apply because the cause of freedom gained.
The picture is quite different in Baton Rouge, La. here freedom has taken an incredible licking. The case goes back to November 2013 when a judge Gordon West conducted a hearing to determine whether an injunction should issue to halt further criminal proceedings against Frank Stewart. It appears that the defendant, a worker, had been charged with conspiracy to murder the mayor of Baton Rouge; his defense rested upon his own charge that he was the victim of a conspiracy law enforcement officers to dim him his constitutional rights.
media." His purpose was to prevent prejudicial publicity, but the order was an example, far more significant than the laws against Penguin Paper, of prior restraint censorship in the rarest form.
On Nov. 1, Stewart himself was not on trial. The question was whether he should be tried. The police delivered himself of an unbelievable order that 'no report of the testimony in this case has been filed in a newspaper or by radio or television, or by any other news
Amendment.
Larry Dickinson and Gibbs Adams, reporters for the Morning Advocate and State Times, of course reported the details of the hearing. They are newsmen. The people's right to know – in this case, the right to know what was said in open court relating to the
possible malfeasance of our own law enforcement officials. For violation of an order they knew to be invalid, the reporters were fined $300 each for contempt of court.
On appeal, the Fifth Circuit agreed that Judge West's order was clearly invalid. Indeed, when he asked to change "and" "constitutionally unacceptable." It was so patently wrong that it could not withstand even "the mildest breeze from the Constitution."
then came the incredible afterward: The Fifth Circuit held that, even so, out of respect for the court the contempt contest would be permitted to permit newsmen to be fined or imprisoned for violation of illegal injunctions. The effect is to sanction judicial prior censorship while appearing to disprove it. The Court also ordered the Committee for Freedom of the Press is pursuing this despotic and ominous judgment that cannot be permitted to stand if press freedom is to survive.
SACRIFICIAL ALTAR
WASHINGTON — The secret estimate of the Joint Chiefs is that the cease-fire will break down and the Communists ultimately will gain control of all Vietnam.
Analvsts Predict Viet Debacle
This would mean, if the estimate is correct, that nine years of American dying have been in vain. For the U.S. government has spilled the blood of 125 million and squandered 868 billion to prevent a Communist takeover of South Vietnam.
One intelligence analysis suggests that a sporadic ceasefire, at least, should endure for several months. This analysis, which our sources have asked us not to quote directly, cites examples of military actions for a political struggle to win the support of the South Vietnamese populace and to undermine the Saigon regime.
Political cadres have been sent
Readers Respond
The Joint Chiefs had so little faith in Saigon's survival last October that they warned the
will try to widen their spot. Then they will seek to meld the spots into ever larger Communist-controlled areas.
One wonders if this is the kind of "rhetoric" that is taught in the program and that substitutes for the two-hour speech requirements. The claim is merely rhetorical because it fails to address the question of the prival meaning on the word "choice". The Pearson program is taught by only three professors or three professors all agree on fundamental issues, on philosophy in general and in particular on the rhetoric.
They practice what they call "advocacy teaching" which amounts to inductive training of students' likelihood of disagreement on basic matters among members of the program's faculty, and there is a need for them to present their presentation and perhaps even in their understanding of the
The central argument in favor of the humanities program rests on the fact that a permanent basis, is one that the head of that program seems to have chosen. Pearson program, the claims, offers a "greater choice" to incoming freshmen than they do with the usual options, seems to me, is a typical example of sophistic rhetoric we have seen as an expect from the Pearson program.
To the Editor:
This is a letter of indignation. I was appalled Tuesday when the president of our university meeting asked how many actual members the assembly had and how many were present. It was interesting to see the percentage of the elected and constitutional members even bothered to show up. Although we have a typo for that body by no means typical issue that presently is under consideration. The issue is whether the Pearson Integrated Mathematics program will continue to substitute for the freshman-sophomore requirements of the college. What is at stake in the future of the entire university.
Pearson Program Criticized
Western tradition; (2) the program is designed as a two year, 24-hour block of courses; (3) students are required that the program are made to believe it is an elite organization by being "chosen," which accounts for the "enthusiasm" that the Pearson course demands of the program's success; and (4) for these and other reasons there seems little chance of very many students entering the program after they are well into it. What all this means is that, despite the fact that the program is one more program out of dozens to choose from, whatever advantage that single choice adds is far outweighed by the lack of experience students actually in the program.
into the South to conduct an intensive propaganda and organization drive. But once the Communist infrastructure has been unraveled, the analysis, Communists will seek to end their long struggle for
twofold. First, any students that graduate from it are likely to manifest the opinions and viewpoint of the program itself, having been indoctrinated into its ways (to this I can personally conclude) by a degree in deliberalization of the College of Liberal Arts and Sciences.
The danger inherent in letting the program substitute for freshman-sophomore requirements is
Secondly, and perhaps more importantly, the Pearson Program would be acquired prior to status, service precedent for future fragmentation of the college and the entire university into separate faculties each "advocating" its own requirement for its own form of illumination. Why shouldn't every group of like-minded professors have its own requirement-fulfilling program? If one has the right, so do
If constitutional and elected members of the College
Jack Anderson
control of all Vietnam with a final military offensive.
Assembly refuse to attend assembly meetings and refuse to vote against the Pearson program, and if the敛uiliency continues, we must continue apathy, all I can say is that we deserve whatever ilis will result from the precedent the Pearson program sets. And I believe those ilis will succeed of the intellectual environment and academic reputation of KU.
Secretly, the Joint Chiefs don't believe President Thieu can survive. He is preparing for the war against Iran, and his military control over the country. This will make his regime even more unpopular with the people and, therefore, uncomfortable to Communist agitation.
Jim K. Swindler
Lawrence Graduate Student
After Thieu has been weakened politically, Hanoi presumably will try to finish him off with a military coup de grace. The Joint Chiefs have grave doubts about the South Vietnamese army's ability to repel an offensive air attack, and artillery support. The North Vietnamese frontal assault, coordinated with Viet Cong guerrilla operations, would overwhelm Thiu's defenses.
Nor are they impressed with reminders that the Pentagon was wrong about the South Korean army's ability to stand off the Communists after the Korean truce was signed 20 years ago. The war has made it easier to defend than the spotted truce in South Vietnam. Each spot is a Communist stronghold, whose armed partisans surely
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Headlines and Footnotes
Senate Press Secretaries Association members pride themselves on the completeness with which they brief reporters about their respective senators. When they announced their nominations, they parlay; however, the printed invitations omitted the date.
The three-month delay in the cease-fire not only has given President Thieu more time to prepare for a Communist offensive, but has bolstered his chances to survive it. But the odds, in the Joint Chiefs' opinion, are against him.
News Adviser . . . Stuart Blank Joyce Neerman
already made. President Nixon finally sent a cable to North Vietnam's Premier Pham Van Dong, offering him a choice between bargaining or bombing. The ultimatum gave Hanoi 72 hours to renew serious relations with the President ordered the saturation bombing of the Hanoi environs.
swering "Helga's Massage Parlor." The tip stimulated a furry of calls into the office of none other than Vice President Spiro Agnew. Agnew's aides theorized that some visitor had been asked to the restricted telephone order to get the boa going.
Business Manager
Rep. William Stuckey, D-GA., has been lining up with the three Republican on the House Consumer Committee to block consumer legislation, including the no-fault auto insurance bill. This would benefit motorists by ending litigation over accidents and penalties, which rates. Yet Stuckey, whose family owns a chain of roadside stores, has made a fortune selling candy to motors.
regime would collapse if the cease-fire agreement was signed. They urged President Nixon to delay the signing until they could supply Saigon with enough planes, helicopters and military hardware to make up for the loss of American firepower.
The Christmas raids on North Vietnam have contributed to the nation's energy crisis. The American Friends Service Committee, using official cost estimates, figures the millions of oil-based fuel for the B-23 and B-45 bombers, the minimum of $6.5 million dollars.
As we reported on Jan. 5, the real reason for postponing the cease-fire was to give the Pentagon time to rush these supplies to Saigon. A top general acknowledged to us that more planes and helicopters were delivered to Saigon than South Vietnam has plots to fly them. The massive shipments angered me ... vese who in ... the ... A
Carol Dirks
A prankster tipped off newsmen that a restricted government number was an-
Copyright, 1973,
by United Feature Syndicate, Inc.
WASHINGTON- Senate hearings on a bill designed to help Congress recapture control of government purse-shrubs began Tuesday with accusations by legislators and senators that President Obama is abusing his power by impounding appropriations.
By JOHN CHADWICK Associated Press Writer
But a theme also emphasized by committee members and witnesses was that Congress must reform its own procedures and show greater discipline in holding down spending.
Declining Power of Congress An Issue in Impoundment Fight
Similarly, Sen. Jacob K. Javis, R.N.Y., a government Operations Committee member participating in the hearings, said any recapture of power by Congress "must satisfy the country that it is accompanied by responsibility."
Sen. Sam J, Ervin, Jr., D-N.C., chairman of the Senate Judicial subcommittee on separation of powers, said "Compress has a possibility to bring appropriations in harmony with revenues."
The bill under consideration sponsored by Ervin and more
Griff and the Unicorn
By Sokoloff
W
than 50 other senators, would require the President to notify Congress of any impoundment of appropriated funds. Unless the Senate and the President approved an impoundment with 60 days, it would have to cease.
It is part of a series of moves aimed at overcoming what is widely regarded as the waning power of Congress and the growing branch of the executive branch of government.
Ervin said the issue at the hearings was "whether the current trend toward executive usurpation of legislative power is now being addressed we have arrived at a presidential form of government."
Ralph Nader testified that Ralph's bill 'falls far short of what is necessary to restore the balance in the spending process.'
Nader objected it would permit the President to impound funds for 60 days without congressional consent and said it might be construed as congressional approval of all past impoundments. Ervin disagreed, saying passage of the bill would no more than $20 million than a law prohibiting murder is approval of past murders.
Nader said Congress should pass legislation unquivocally forbidding all impoundments and requiring the President, if he wants to reduce an apportionment. Congress for processing just as a supplemental appropriation is handled now.
Under Nader's proposal, executive officials and even the court contempt if a court found they persisted in disbelieving the law.