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Monday, November 6, 1972
University Daily Kansan
KU's Jerome Nelloms Blasts Around Left End
. Jayhawk tailback piled up 112 yards against the Cowboys .
Winless Streak Ends at Three
By DAN GEORGE Kansan Sports Editor
Javhawks Ambush Cowboys, 13-10
"I don't know what the difference was in our play," he said. "We just had a bunch of them."
It was a little late for Halloween and somewhat early for Thanksgiving, but there was a bit of both in the air Saturday as the University of Kansas Jayhawks, combining a rediscovered running attack with their first victory over Oklahoma by Oklahoma State, 13-10, in Stillwater.
The Jayhawks, in an effort to stop defensive keys on their passing game, carried the ball 38 times against OSU, a season high.
It was an afternoon of tricks and few treats for the Cowboys, who were favored by the boys.
Workhorse for KU was tailback Jerome Nelloms, who set a Jahewk record with 38 rushes. Nelloms, filling in for injured Robert Miller, had his best day this season as he twisted and turned for 10 of KU's 167 vards on the ground.
AND FOR THE Jayhawks, there was much to give thanks for, primarily linebacker Eddie Sheets' third blocked field goal of the year and Gary Adams' fourth quarter interception, which halted an OSU comeback drive.
KU placekicker Bob Helmbacher boored a record-tying 16th field from 21 yards out with only 4:40 remaining in the game and then the tenacious KU defense held on the rest of the way as the Jayhawks beat the Tigers in the two teams' last four meetings.
In upsetting the Cowboys, the 'Hawks ended a three-game losing streak and pushed their conference record to 1-3. Overall they are 3-5. Oklahoma State, in dropping its first game this year in Lewis Stadium, sank to 2-2 and 4-4.
It was a surprisingly subdued Don Fambrough who sat in the University of Kansas dressing room Saturday after his sonad's 13-10 upset of Oklahoma State.
Fambrough was even restrained in his praise of the pmprowed KU running game, which accumulated 167 yards against the Cowboys.
Rushing 'Better,' Says Fambrough
IN ADDITION to their running game, the Jawhaws found another weapon that had
The pressure of a three-game losing break was gone and Fambridge, the KU team, had won.
"Let's just say it was better," he said, putting in a lot of tears on this week. It proves that even with some tears, you can do well.
something, and long enough, you'n get better.
"The thing that's been hurting us the last couple of weeks is team's dropping eight players back to cover the pass. We had to establish a running game."
Fambrough explained the reason for tailback Jerome Nelloms carrying the ball so much. Nelloms rushed 38 times for 112 yards.
"Robert Miller was hurt and Delvin Williams is still not at full strength, and Nelloms, I thought, was having a good game, so I went with him," he said.
Fambrough emphasized the role of the defense in the win.
"I know it's been used 10 million times
and I know it has been the matter of our
defense, but not breached."
"Eddie Sheats blocking the field goal was a factor and Gai Adam intercepted that particular ball."
The KU victory obviously soothed the Jayhawk coach's attitude toward the official ruling on the KU fumble in the end zone in the second quarter.
"There's nothing you can do about it," he said. "All I know is that I saw one referee signal touchdown, and after two or three conferences, it was changed. The call helped me. It got ready to play. I tink it probably helped our team, too."
Jaynes, the KU quarterback, overcame first half insignificance with a 37-yard pass to Adams late in the third quarter that included a game-winning stage for Helmacher's field goal.
be missed from their arsenal the last two
Jaynes-to-Bruce Adams TD. communication
In all, there were eight records set by the Jayhawks. Helmbach, in addition to his field goal, kicked his 22nd straight extra point, and his 17th this season, both school goals.
It was Adam's seventh touchdown reception and established a KU season record in that department. Adams' 57 yards gave him k627 for the year, also a KU high.
BUT IT WAS the defense that played the major role in the KU victory.
Although the Cowboys, behind the running of quarterback Brent Blackman and fullback George Palmer, piled up 289 yards on the ground, they were able to cross the OSU sideline, pushing off the OSU air attack, limiting Blackman to one completion in 13 tries for 15 vards.
The 'Hawks were tested early when on the third play of the game Jaynes was intercepted and the ball was returned to the KU eight. Three plays only advanced the Hawks, though, and the Cowboys had to settle for a 22-yard field goal by Eddie Garrett.
The 'Hawks came back with a 61-yard
Team Statistics
★ ★ ★
Rainings Rations ORL
First Downs 15 15
Rushing 167 189
Passing 167 189
Return 39 74
Postseason 13.3-24 13.3-24
Punts 3-9.4 3-9.4
Finish Lost 4 1
Finish Punished 4 1
Score By Quarries 40
Oklahoma State 3 0 0 7 0-10 Kansas 3 0 0 7 0-12
KII-G Garrett wk 30
KII-G Garrett wk 31
KII-G Adams TPA wk (Jaynes) klk
KII-G Adams TPA wk (Jaynes) hlk
Individual Statistics
Rushing
KU—Nellows 38-112, Williams 3-144, O'Neil 9-28, Schroll 1
N. Roeliem 811.113, William Zau 92, O'Neil 92, Scribner 1
82, W. Schmidt 92, Rieger 92, Tucker 92
N. Roeliem 811.113, William Zau 92, O'Neil 92, Scribner 1
82, W. Schmidt 92, Rieger 92, Tucker 92
drive to the OSU 18, where Helmbacher tied the game with a 36-ward kick.
KU—Javnes 7-13-156 Passing
RECEIVING
KU—Edwards 3-73, B. Adams 2-57, Schroll 2-26
KU—Harris 5-39.4
DSU—Railiff 6-31.9
KU—Harris 5-39.4 Punting
THE REMAINDER of the half was scoreless, the liveliest action coming after an apparent KU touchdown was ruled an OSU fumble recovery.
As it was explained later, tailback Delvin Williams misses the handoff from Jaynes on a plunge into the middle. One official, seeing Williams cross the line, signaled for the loose ball to be recovered by OSU tackle Carl Devore, ruled it the Cowboy's ball.
In the third quarter, the Cowboys marched 58 yards in nine plays to jump ahead, 10.3. The drive was capped by a nine-yard ground right end by tailback Fountain Smith
BUT IT TOOK the Jayhawks only four plays to even the score. Jaynes hit wide
receiver Emmett Edwards with a 19-yard pass that took the ball to the OSU 49.
Jaynes' next attempt was incomplete, but Nelloms dashed over left guard for 12 on the following play. Then came the bomb to Adams.
On the second play of the fourth quarter, the Cowboys drove to the KU 22 before they were stopped. Garrent lined up for a field kick and capped in front of him and batted it away.
When Helmbacher lined up ten minutes later, though, his aim was true. The Cowboys got the ball two more times, but an interception by KU safety Gary Adams and a shot on possession by the Jayhawks made the OSU battle with the cloak a losing one.
Colorado's leading runners were John Gregorio, who finished fourth, and Ted Castavela, who took seventh. Leading the way was Stephen McCullen, third, and Brian Walsh, fifth.
Halberstadt, from Bedfordview, South Africa, finished the five-mile race in 24 hours. And he also won a man-made halberstalk's teammates' and off-field up in the individual scoring. Kall was runnerup in the race and Mike Manke took second, finishing ninth, Charlie Bootright 17th and Ferdinand
Oklahoma State Runners Breeze to Big 8 Title
The Cowboy's 37 points were less than half that of second place Colorado, which finished with 76. Missouri took third with 83, Kansas fourth with 99, Kansas State fifth with 104, Arkansas sixth with 116, Oklahoma seventh with 181 and Iowa State eighty with 202.
Behind the outstanding running of South Africans John Halberstedt and Peter Kaala. Oklahoma State handily won the Big Eight Championship in Columbia, Mo., Saturday.
Kent McDonald and Callen Called the way for the Jayhawks, finishing 12th and
Individual
1. John Halbertsstart, OSU; Peter Kaal, SAU;
2. Charlie McMullen, MU; 4. John Gregru, CAI;
3. Brian Walsh, MU; 6. Don Akin, KSU; 7. T-Castedava, CU; 8. Mike Manke, MU; 9. Kevin Harter, OSU; 10. Mark Visk, MU; 11. Bob Unger, NU; 12. McKenald McDONAL, KU; 13. Jon Callen, KU; 14. Lynn Hall, MU; 15. Jeff Schmessel, MSU
1. Oklahoma State, 37; 2. Colorado, 76; 3.
Cyclones Win In Gymnastics; 'Hawks Fourth
Demonstrating an expected conference strength, Iowa State won the Big Eight Invitational gymnastics meet Saturday in Robinson Gymnasium, easily out-distancing second place Nebraska, with a total of 321.85 points.
The Cyclones scored 152.0 points in the compulsory exercises in the morning session and 165.6 points in the optional exercises Saturday evening.
The University of Kansas gymnastics team scored 248.30 points in the meet to take four place behind Iowa State, Nebraska (299.40) and Oklahoma (288.60).
KU coach Bob Lockwood said his team improved over last year's squad by moving up one position from last season's fifth place finish in the meet. He said that the team was hurt some by injuries and sickness, the biggest problem was death.
Lockwood said that the high bar team was improving and that the vaulting team's second place in the compulsory exercises Big Eight is near the top of the Big Eight this season.
Kansan Interpretive Article
High Court Scales of Justice Tip Toward Nixon Bloc
By PHIL McLAUGHLIN Kansan Staff Writer
During his term as president, Richard M. Nixon once confided to a friend that his appointments to the United States Supreme Court would decide his place in history.
Considering his role in normalizing relations with the Soviet Union and China and his handling of the Vietnam war, he could be mistaken. But if he is re-elected as prime minister, then he chance to appoint more justices to the court, his probc暇 might come true.
Chance is the deciding factor. Theoretically, the next president could have the opportunity to appoint either nine justices or none. In practice, the next president has a better than average probability of appointing at least two people to the court.
JUSTICE WILLIAM O. Douglas is 75 years old, and his heart rate is controlled by an artificial pacemaker. Justice Thurgood 64, has been ill several times recently.
The very fact that this issue is based upon the probability of an occurrence has made it more difficult to define the role of civiliates and the public. The candidates have bypassed it for other "false issues" such as the threat of nuclear war.
The possibility that these men will either resign or die in the next four years is the catalyst that makes the two candidates unpopular and the presidential issue in the 1972 presidential election.
Even though the appointment issue is not given its deserved attention, the candidates have given enough indication of what kind of would appoint to the court that a attorney should be.
AS A CANDIDATE in 1968 Nixon attacked the ASC Supreme Court for "hamstringing the peace forces in our society and strengthening the criminal forces." In his speech, he has redeemed a campaign pledge to treat judicial conservatives on the court.
During the first four years of his administration, Nixon has repeatedly vowed to appoint men who had a "strict constructionist" judicial philosophy.
After reviewing the decisions handed down last summer by the court, in which four of his appointed judges, he remarked that it was "absurd as he had* had an opportunity to make it.
Last August, accepting the Republican nomination for president, he renewed his pledge to strengthen law enforcement by appointing men to the court who would ensure that the first right of every American was to be free of domestic violence.
THOUGH DEMOCRATIC candidate Sen. George McGovern hasn't said much about his judicial philosophy since beginning his campaign, his position can be generally understood by the few things he has said. McGovern has pledged to appoint people "to firm commitment to human rights and library, and only those of the highest caliber."
From what McGovenn has said in the past, the voter may conclude that that the party was not faithful to Warren Court, which went to new lengths in giving procedural safeguards to persons accused of crimes, and which supplied evidence for the civil rights movement in the 1960s.
The term "strict constructionism" is a legal title with a precise meaning. It refers to those justices who believe in "judicial restraint," the policy of using judicial restraint to give deference to the legislature in solving political, economic and social problems.
TO FULLY understand what kind of men the candidates want to see on the court, the voter must understand some of the terminology used in this issue.
Men of such a philosophy see decisions in the light of social objectives. They believe in placing primary reliance on the ethos of contemporary society for their decisions, as described in the previous section, historical practices. These jurists act on the assumptions that government has failed to act for the benefit of the people and that the Court is the last chance the people have for justice. Because they actively make decisions based on the presumption of "legislating from the bench."
THIS TYPE of jurist is more concerned with procedure and process than result. He bases his decisions in current cases or from previous cases, so the new interpretation of the constitution
At the other end of the scale are the "judicial activists." Rather than allowing other branches of government a free hand, these jurists believe in acting as a watchdog of government, protecting the common man.
THE PROBLEM is that people confuse these technical terms with political labels.
Thus, "judicial activists" are assumed to be political liberals, and "strict constructionists" are equated with political conservatives.
Actually, some of the more fanciful interpreting of the Constitution has been done by those of a conservative influence in behalf of business and property interests in the 1920s and early 1930s. So there can be conservative activists as well as liberal ones.
On the other hand, probably the "strictest constructionist" to serve on the court in decades was justice Hugo Black, conceding that he lacked the legal power. He believed in a literal interpretation of the Constitution. It just happened that his decisions coincided with the liberal point of view at this time, and thus, he was one of the key plaintiffs in the case. The court's role as a force for social change.
The problem has probably arisen because the activist Warren Court was considered liberal and because Nixon has used the "strict construction" in his speech, "strict construction" interchangeably.
By natural process, justices are moved by inarticulate premises and attitudes that require judicial judgments. A simple fact that value judgments are necessarily involved in interpretation demonstrates that political convictions tend to come from objective considerations of issues.
"The Constitution is full of grand ambiguities," says Harry Kalven, professor at the University of Chicago Law School. "How can you have strict construction on ambiguity? The real question is 'What is responsible justice?'
So what kind of man is Richard Nixon looking for when he says he wants "strict constructionist" on the Supreme Court? The ultimate answer is that he wants men who believe in the same principles and values that he does.
THERE ARE no "strict constructionists" in the pure sense of the term. Since the Constitution is so open to interpretation, no one can ever deny that there is a connection between political and judicial philosophes.
A QUICK look at Nixon's nominations to the court will allow a fuller understanding of the qualities he is looking for in appointees. Mr. Warren E. Burger, a conservative "law and order man," to the position of chief justice, replacing the liberal Earl Warren. Burger is a consistent conservative on most issues, like most like Nixon's ideal of the perfect judge.
His next appointment was Harry A.
Blackmun, another conservative and "law
and order man." Together, these men formed a voting clique which regularly wrote opinions for stronger law enforcement procedures.
In attempting to get his kind of man on the court, Nixon nominated two Southern conservatives, G Harrold Carswell and Clement F. Haynsworth, who were generally considered mediocre by most qualified observers. They were rejected by the Senate, and the Blackmun appointment was confirmed.
AFTER the retirements of Justice John M. Harlan and Justice Hugo L. Black, Nikon was on the verge of nominating Mildred Stern as president of the Court and Herschel Friday, a southern attorney with a record of unsuccessful attempts to defend school boards against trademark infringement were considered by the American Bar Association to be "less than distinguished figures."
At the last minute advisers finally con-
vinced Nixon that these nominations would
Opposing the court's conservative Nixon bloc is a trio of liberal leftovers from the days of the Warren Court. Leading the group is William O. Douglas, conservatistion and exponent of individual privacy, freedom to protest in public places, right to counsel, civil rights and freedom of the press.
cause another Haysworth-Carswell flasco.
instead, he nominated two far more
qualified conservatives, Lewis F. Powell
and William H. Rehquist.
FEW PRESIDENTS have had the opportunity that Richard Nixon has had to remake the face of the Supreme Court. In his first three years in office he has appointed four men to the court. Because he is a great philosopher, his philosophic orientations, their collective strength in a body of nine men is tremendous.
THE LAST two members of the present
Since the last two justices took office in January, 67 cases have been decided. The Nixon bloc voted together on 54 of the 67. In the full 1971-72 court term the liberal bloc lost all 30 cases, all 114 cases. The cohesiveness of both groups, especially the Nixon bloc, is apparent.
IT IS still too early to know what effect the Nixon bloc will have, because it has only been together for a half term. But certain trends can be analyzed to give the voter an appreciation for the possible directions of the court.
Another discernible trend is that the court already appears to be moving toward a more aggressive approach.
American Party Chooses Schmitz; Loss of Wallace Seen As Setback
Editor's Note: This article is part of a series of interpretive stories on the *72* elections.
court are considered the "swing men." While the liberal and conservative blocs vote fairly consistently at different ends of an issue, these "swing men" side with one or the other group to decide the majority opinion. As these men go, so goes the court.
By Donna DALE
Kansan Writer
At the party's first national convention in Louisville last August, it entrusted its leadership to relatively unknown Rep. John G. Schmitz of California. The question was could Schmitz win the popularity and support that Wallace had in 1968?
The hopes of the American Party were set back this year when George Wallace announced he was physically unable to attend the convention, and placed in nomination for the presidency.
Tom Anderson, Florida rancher, is his running mate. He is president of American Way Features and Southern Farm Publications.
HE VOTED against women's liberation saying, "My wife told me to. She refuses to."
Schmitz is Richard Nixon's congressman. San Clemente is in his district. He is a strict Republican.
When asked why he was connected with the John Birch Society, he said that was just a political device to attract the middle-of-the-road vote in Orange County. His campaign slogan for the last election was "When you're out of Schmitz, you're out of
gear."
AMONG BILLS he has introduced to the House was one removing restrictions on ownership of gold by U.S. citizens. He said his purpose was to keep the people from being fooled about the value of their paper money.
Another was a bill to get the United States out of the United Nations and the United Nations out of the United States. He said the organization was Communist-founded and Communist-run and bent on the destruction tendency by a totalitarian world government.
He was born in 1930 in Milwaukee. He holds a BA from Marquette and an MA from Syracuse, both in political science. Corps arsenal and a college instructor before entering politics in 1964. He served in the California Senate and was elected as a Republican to the U.S. House on his second election to the House.
The American Independent Party was established in 1964 and gained national recognition when George Wallace ran as its Presidential candidate in 1968. Wallace received about ten per cent of the popular vote in several elections and Party. In some state, including Kansas, Schmitz is listed under the Conservative Party.
THE PARTY'S platform called for emphasis on local government in the areas of education and environment. It was against abortion, legalization of marijuana, public housing, gun control and the equal treatment pertaining to women's libertaion.
It supported a pay-as-you-go basis for the local government and the restoration of a sound tax system. It owned and exchanged gold. More law and order and stricter immigration policies.
In foreign affairs, "no-win tactics" of limited wars were denounced. Support of withdrawal from world government organizations, pacts and agreements with other countries, and cooperation in isolation. This included involvements in South East Asia and the Middle East. Proposals for eliminating funds for foreign aid and disarmament agreements and the publishing of full trade with Rhodesia and South Africa also appeared in the platform.
Since the loss of George Wallace, the party has been compared to a headless man and, unless the outlook for the Schultz machine moves soon, the image will be maintained.