The University of Kansas
Lawrence, Kansas
84th Year, No. 157
Tuesday, July 9, 1974
Ready to Go
Because every second count when a fire is reported, firemen must be ready to go. At Lawrence fire department number one, 745 Firehouse, the first thing they do is check their watch.
Kansas Photo by KIELL RATHRUN
warm-strategic emergency. Even the firemen's boots are placed in a convenient place for the firemen when they come sliding down the pole.
Supreme Court Hears Tape Debate
WASHINGTON (AP) -- The Supreme Court cannot force President Nixon to disclose Watergate conversations even if he is not personally involved. Nixon's lawyer told the justices yesterday.
James D. St. Clair, presidential attorney, argued that only the Congress, through impeachment, had the power to bring criminal charges against Nixon. The judiciary should not be drawn into that process, he said.
St. Clair and Leon Jaworski, Watergate special prosecutor, fought the issues of executive privilege and presidential power in questioning justices and a packed courtroom.
In three hours of debate, Jaworski cast the argument in the narrow terms of a prosecutor seeking vital evidence for trial, whereas St. C拉培 it in the broad scope of
The case, titled "The United States of America vs. Richard M. Nixon," is the first Watergate scandal to reach the nation's highest court.
impeachment proceedings with political overtones.
The court gave no sign about when it would decide the case's two key questions: whether Nixon must obey a lower court order to give up tape recordings and other records of 64 presidential conversations, and whether the Watergate grand jury had the right to name Nixon as an indicted co-conspirator in the Watergate coverup.
Jaworski has subpoenaed the tapes as evidence in the coverup trial of six former White House judges, including Nixon's two sons, Paul and Robert E. Dhrichlam, U.S. District Court judge John J. Sirica has ordered the President to turn over the tapes for Sirica's private inspection to determine what should be taken as prosecutor for the trial beginning September 9.
In the course of the argument, St. Clair said that no court could force Nixon to give up records of presidential communications, even if a crime was involved.
preserve the confidentiality of his office so he could receive 'free and untrammeled'
Jaycee Thurgood Marshall asked whether St. Clair would claim that executive privilege protected the records of a presidential nominee between a president and a judicial nominee.
"How are you going to impeach him if you don't know about it," Marshall retorted.
The President's attorney did not reply directly, and the exchange ended.
The courtroom's only vacant seet was the tall black armchair assigned to Justice William H. Rehquist. He disqualified himself from the case, presumably because he held a Justice Department job during Nixon's first term.
"I would think that could not be released," St. Clair said, adding that a president could be impeached for such wrongdoing.
Justice Lewis P. Powell Jr., one or three Nixon appointees hearing the case, noted that the purpose of privilege was to guarantee the President candid advice from the Court and to ensure that public interest is there in preserving the secrecy about a criminal conspiracy"77
Chairs in the aisle stretched the mahagony-and-marble hearing room's capacity to more than 300 seats, which accommodate lawyers, newsmen and the public.
Some waited in line through the weekend
St. Clair replied, "A criminal conspiracy is criminal only after it has been proven. The defendant should not destroy the privilege in anticipation of criminality which may not come to pass."
In rebuttal to St. Clair's argument, Jaworski's associate, Philip A. Lacovara, said "A prima face showing can be made that these conversations were not in the lawful conduct of public business, but in furtherance of a criminal conspiracy to defraud the United States and obstruct justice."
Rosser Resigns Post At Academic Affairs
Defining the case as a criminal proceeding against six defendants, Lacovara said, "It's really the obligation of the prosecutors to present all evidence."
to insure seats. Hal德曼 was one of the spectators.
James M. Rosser, associate vice counsellor for academic affairs at the University of Kansas, resigned this morning. He will be sacked from his position in education for New Jersey in September.
St. Clair said the President had to
Rosser was unavailable for comment
A formal announcement of the appointment is expected later today from Ralph A. Dungan, chancellor of the New Jersey Department of Higher Education.
A reliable source speculated last week that Rosser would soon leave the University because he was dissatisfied with some elements of the University administration.
James M. Rosser
Rosser will work at the system's Trenton headquarters for a salary of $38,000 a year. He was an assistant to the chancellor and director of the black studies program at State University of New York, coming to KU. Rosser completed his degrate in health administration there in 1969.
The source also said Rosser had been criticized by some administrators because he wrote a letter last spring charging that the Kansas University Athletic Corporation had violated affirmative action guidelines in its personnel hiring.
Follow Through Violations Named
The letter was allegedly sent to top University administrators, coaches and administrators in the athletic corporation as well. The Affirmative Action and Minority Affairs.
It was unavailable for comment. The New York University of Education controls the state's eight public universities and Rutgers, the state university Total amount at the institutions is about 120,000.
The audit, which was conducted by the University's Office of the Comptroller, was released by Keith Nitcher, vice chancellor for business affairs.
Travel vouchers for the Follow Through Program were filed in violation of certain Kansas travel regulations and University of Kansas authorization to an audit released this morning.
It was prompted by accusations made in April by Nancy Swearingen, mother of a child in the program at Woodland Academy, where she was a college, a former Follow Through employee.
Sweairingen charged that some employees salaries had been paid with travel expense records.
Break-In Not Authorized, John Ehrlichman Testifies
WASHINGTON (AP)--Former top presidential assistant John D. Ehrlichman testified in his own defense yesterday that he did not authorize the Ellsberg break-in.
Ehrlichman, until last April 30 President Nikon's chief domestic adviser, also said that misstatements he gave the FBI and a military result of oversight and were not intentional.
Following five hours of testimony from Ehlrichman, U.S. District Court Judge Gerhard Herman ordered Secretary of State Akiyoshi Aikawa at the Pamplins trial tomorrow morning.
Kissinger is expected to refute some testimony of a key prosecution witness, David R. Young, once an assistant to both Kissinger and Ehrlichman.
Law Profs Say Ethics Not Taught
It is possible to make law students aware of legal ethical problems but impossible to teach ethical conduct, some faculty members and students of the University of Kansas School of Law said recently.
He said lawyers had developed a bad image because of Watergate, but it had shown law students the importance of being honest.
John Murphy, professor of law, said Watergate had blown the public's opinion of lawyers out of proportion. He said the opinion that Watergate was a "genius" had been disproven.
He said it wasn't because of a lack of ethical training that increased in the Watergate scandal did as they did, but because of the fact that they were
Barkley Clark, associate dean of the School of Law, said Watergate had caused many students to see the need for honesty and ethicalness in the legal profession.
"If a person hasn't already learned moral sensitivity by the time he enters law, there is nothing an ethical class can do," Murphy said.
Sandy Hartley, Osawatome third year law student, said it was impossible to teach a person to ethical after his character was already formed. She said an ethics class should highlight ethical problems a lawyer wouldn't encounter, but teaching more ethics in school wouldn't change a person's ethical conduct.
Stan Martin, Lawrence third year law student, had the same opinion. He said the school's lesson was to teach ethical judgment before tackling earlier taught earlier.
Martin said Watergate might change the attitude clients had about their lawyers.
in his testimony yesterday, Ehrichman said it never entered his mind that any of his aides were planning a break-in at the office of Eliberg's psychiatrist, Dr. Lewis Fielding.
Inara Horton, Lawrence third year law student, said Watergate had strengthened her resistance to stay in law because
Dennis Dietz, Lawrence law school graduate, said Watergate pointed out the need to change the general attitude that as long as a person didn't get caught it was all right. He said this was the attitude of the general public in addition to that of lawyers.
Clark said that recently the law school's required ethics course, "Legal Profession," was switched from a second year course to a first year course and that more emphasis was being placed on the teaching of ethics.
Hartley said those involved in the Watergate scandals were more involved in politics than the practice of law. She said it wasn't fair to condemn all lawyers. Most lawyers were ethical, she said.
He said the course was divided into 12 sessions. The first session deals the most intensely with legal ethics. It consists of reading the Code of Professional Responsibility and taking an information based on hypothetical situations concerning legal ethics.
The course consists of legal ethics and practical problems that might arise during law practice, MURphy said.
He characterized the operations of the Plumbers, a special White House investigative unit, as a general attempt to pin down the motives of Daniel Ellsberg in leaking the Pentagon Papers to the press. He was one of the lawyers defense lawyer, whether he authorized the Sept. 3, 1971, break-in at Lewis Fielding's office, Erilhurch responded, "No, sir."
The code .contains rules prohibiting lawyers from soliciting their businesses, embezzling their clients' money and stirring up dissatisfaction.
During the other sessions the class discusses such topics as setting up a small law firm in a small or medium-sized community; practice in a large firm and in a corporation law firm; and setting up a legal practice with clients' distribution of legal services in the court.
"It appears from the audit of the departmental records that there were some irregularities."
Malone said she had received $364.28 for two such trips.
The program was funded by the Department of Health, Education and Welfare and was conducted through the University's department of human development and family life. The Wooddawn program was discontinued in the spring.
See ETHICS page 3
He said that between July 1, 1972, and March 31, 1974, departmental records and outside confirmation letters indicated that he had a worth of claimed travel was never taken.
"Did you know about it?" Jones asked.
No." Ehbilian man replied.
"Had you seen a plan or a blueprint so to
*H speak for a break-in in-advance*?" Jones
"I never saw that," Erlichman said. Erlichman testified that when he signed a memo giving approval to what ultimately became the law, he was authorizing a legitimate operation.
"I thought I was approving a legal, conventional investigation," Erichlman said.
Ehrlichman is to return to the stand today for more cross-examination.
Ehrlichman said that as soon as he discovered the memo, he discussed it with the profile project and set about correcting his earlier statements. He said that his lawyer wrote the proper authorities and that in a later statement, he said that he had written an earlier statement before the grand jury.
Ehrlichman had said earlier in congressional testimony that he did not think the memo authorized a break-in, but the question came up in court only under cross-examination by William Merrill, associate Waterate special prosecutor.
Ehrlichman denied that he ordered or approved the break-in. His own lawyer did not raise on direct examination what he had argued, and no one else's "covert operation" in the Acl. 16 rule.
Ehrlichman testified that the plumbers unit was set up in the summer of 1971 after the public appearance of the Pentagon papers, which Ellsberg had leaked to the press, and other security leaks in the White House.
"The departure and arrival dates and times reported on some travel vouchers appear to reflect a longer period than the actual travel period," Nitcher said.
The audit said that though $64,263.08 worth of travel vouchers were claimed, "the amount of the money" is unknown.
Nitcher said that the audit showed excessive reimbursement for private travel and that signatures on some travel documents were not those in the payroll and personal files.
"The notations on the department's copy of travel vouchers indicated the amount was used to defray other expenses or to pay for services performed," the audit said.
In addition, the audit said that departure
and arrival dates reported appeared to reflect a longer period than the actual travel period. The audit, based on an examination of travel records, estimated the net overpayment relating to subsistence allowance to be $494.26.
The audit also said that extra mileage reimbursements totaling $89 were used to cover meals and tolls. This was done, the team reported, during extra days of travel to Kansas City, Mo.
"Since these were the same day trips and sleep away from home from is not required, subsistence is not allowed by the state regulations," the audit said.
In its commentary section, the audit recommended that the Follow Through checklists be involved with the processing of travel vouchers review the stipulations for the reimbursement of travel expenditures "so that vouchers from travel vouchers can be improved and corrected."
"In the normal course of his annual review he will no doubt conduct a careful study on the way to the cure."
Nitched said he had sent copies of both the general audit and the confidential report to the attorney.
Charles Oldfather, retired university attorney, has also sent copies of both reports to the Attorney General's office in Boston. The father said he anticipated an investigation.
Trudeau's Liberal Party Wins New Majority Canadian Prime Minister Pierre Elliott Trudeau's ruling Liberal party yesterday won a resounding victory and a new majority in the House of Com-
With only one of the 264 election districts not heard from, Trudeau's leadership won the 133 seats necessary for a major and were leading in seven other seats.
**Strike Threatens College All-Star Game**
The executive director of Chicago Tribune Charities, Luke Carroll, vowed to cancel the strike-threatened College All-Star football game "unless an agreement out within 48 hours to allow the game to be played without interference."
Prime Lending Rates Rise in Leading Banks The Central National Bank in Cleveland, the nation's 50th largest commercial bank, lifted its prime lending rate to a record $12.4\%$ per cent. The First National Bank of Chicago, 10th largest, moved up to 12 per cent from 11.8 per cent.
Reduced Speeds Trim July 4th Death Toll Reduced highway speeds were the major factor in trimming the July Fourth weekend death toll by more than 200 persons, safety officials said. Five hundred seventy-nine persons died, compared with 758 killed in 1973.
Electrical Workers Strike in Kansas City Three locals of the International Brotherhood of Electrical Workers, the owners of Kline Power & Light Co. A company spokesman said electric service would be maintained by 400 supervisory and management personnel.