Wednesday, September 18
THE UNIVERSITY DAILY KANSAN
11
Amendment proposal of Senate would restrict actions of court
Washington (UPI)—Sen. John L. McClellan (D-Ark.), told the Senate Tuesday a proposal to restrict the Supreme Court in obscurity cases was the harshest penalty congress could employ "short of impeachment."
Threatening to prepare more limitations on the court, McClellan said the amendment offered by Senate Republican leader Everett M. Dirksen was a "far harsher and more severe indictment of the court than even refusal to confirm Justice Abe Fortas as chief justice.
Approval of Dirksen's amendment would reveal a lack of confidence in the court, McClellan claimed, and Dirksen and Senate Democratic leader Mike Mansfield both predicted the Senate would approve it.
The amendment would bar federal courts from upsetting obscenity decisions by trial courts and state appellate courts. Dirksen said 90 per cent of the senators would support his proposal that he tacked onto the gun control bill.
His rider would prohibit the Supreme Court or other federal appellate courts from reviewing, reversing or setting aside decisions by federal trial court juries on what is or is not obscene.
It would also bar any federal court from overturning such decisions by local or state trial courts or by state appellate courts.
"To deny Fortas' promotion would be a much milder rebuke than enactment of this legislation curbing the court's jurisdiction," McClellan said, "It is the harshest punishment we could employ short of impeachment. It clearly reveals a lack of confidence in at least five members of the court in cases involving morality."
McCellan said the Dirksen amendment was "in no way german" to the gun control bill to which it was offered.
If the Senate chooses to use the gun control bill as a vehicle to restrict the higher court, McCllan said he would offer
several other restrictive amendments. But he urged that standard procedures be followed and a separate bill be introduced and hearings held on the court's responsibilities.
McClellan then sent three amendments to the desk and said he would have others to offer if the gun bill became the "vehicle for problems arising out of Supreme Court decisions."
One of his amendments would extend Dirksen's proposal to prohibit the court from reviewing state civil cases involving pornography.
Another would limit its jurisdiction to hear appeals in state cases involving confessions.
The third would restrict the court from overturning or reviewing state cases involving search and seizure.
New York (UPI)—Settlement of the five-day strike by New York City teachers appeared remote Tuesday as the administrator of a rebellious Brooklyn school district rejected a demand to take back 100 unwanted teachers.
Strike settlement appears to be remote
Supt. of Schools Bernard E. Donovan had issued the directive in a telegram to Rhody A. McCoy, administrator of the predominantly Negro and Puerto Rican Ocean Hill-Brownville district. Acceptance of the order would have partially satisfied conditions set by the teachers unions to end the walkout.
A spokesman for the board of education said McCoy telephoned Donovan late in the af-
ternon and quoted the local board official as saying, "No. I will not give public assurance that the 100 teachers would be reassigned."
Donovan said later the matter was "grave" and he would consider his next step Tuesday night or Wednesday morning.
After Donavan had issued his directive to McCoy earlier in the day, the head of the teachers union expressed his approval.
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