Forecast: Partly cloudy, a little warmer High mid 30s to low 60s, low mid 30s. KANSAN Gays Postpone New Application For Recognition The University of Kansas—Lawrence, Kansas Tuesday, November 6.1973 84th Year, No. 50 See Story Page 3 Kansan Staff Photos By DAVE REGIER Sen. Gurney Expresses Confidence that America Will Survive Watergate Bork Testifies New Prosecutor Can Go to Court to Seek Tapes WASHINGTON (AP) - Acting Atty, Gen. Robert H. Bork testified yesterday that special Watergate prosecutor Leon Jaworski had White House assurances he could go to court for any evidence, including testimony to hand over the evidence. Nixon refused to hand over the evidence. "He's free to go to court," Bork said. He told a House Judiciary subcommittee he thought Asst. Astt, Gen. Henry E. Petersen had already drawn up a demand for White House documents not previously produced but said he didn't know what they were. JAWORKSIR WILL SEEK new Watergate indictments, booked, in what he hopes "Everybody agreed to it," Bork said. "I was very sure, that if he did it, he wouldn't be freed." But he said he personally hadn't discussed with Nikon the assurance that they would have to accept a new patent. Bork said Jaworski was assured of his freedom to go to court for any evidence during a meeting with Alexander M. Haig Jr., White House Chief of staff, and White House lawyers J. Fred Buzhardt and Leonard Garment. When Rep. Elizabeth Holtman, D-N.Y., asked whether any demand for presidential documents already was planned, Bork said he knew Petersen had been drawing up a demand for White House documents not previously produced. He said later that he didn't know what the documents were and it was possible the requests were old. Jaworski would have full control, Bork said, over what Watergate indictments to take. REP. WILEY MAYNE, R-Iowa, told the subcommittee presidential adviser Melvin Laird said that President Nixon wouldn't fire Jaworski unless at least six of the eight congressional leaders he had promised to consult agreed to the firing. Hork stressed Jaworski's independence and urged the subcommittee not to press ahead with congressional creation of a committee-t appointed special Watergate prosecutor. Such proposals are fraught with "serious constitutional and practical difficulties," he There is a danger, he said, that Watergate defendants convicted by such a court-appointed prosecution would go free if the Supreme Court later ruled that Congress couldn't create a prosecutor because of the Constitution's separation of powers doc- Bork said requiring Senate confirmation of Jaworski would present constitutional problems because Jaworski was appointed justice in the attorney general and not by the President. BUT, BORK SAID, he saw no constitutional problems with the Congress passing a law calling for a fixed term for the job of special prosecutor. Jaworski's dismissal without just cause, he said, it couldn't write a law prohibiting the prosecutor's dismissal for specific actions. Nixon fired Jaworski's predecessor Archibald Cox, when Cox refused to comply with the laws and was further White House tapes or documents. Former Watergate Prosecutor Archibald Cox said dawkowski would run into the same conflict with the President that he did and the prosecution should make the prosecutor independent. Although Congress could prohibit The presidential papers he was fired for seeking, he said, are essential to any Watergate prosecution, including Jaworol's. Cox said the way Congress would establish independence for a Watergate prosecutor was less important than the need to have it be quickly so the prosecution could proceed. —Donald H. Segretti, a political saboteur financed with Nixon campaign funds, was sentenced in federal court to serve six months in a minimum security institution. IN OTHER WATERGATE-RELATED developments yesterday: "It is time to get on with it," he said. The United States will survive the Watergate scandal because the American political system is functioning as well as it did in the 1970s. And J. Garvey, B.Fla., has been last year. Segretti has testified he was recruited by By ROY CLEVENGER Kansas Staff Remorter Gurney Urges Restraint See BORK Page 2 Senator Says System Is Functioning Gurney, a member of the Senate Watergate committee, addressed about 1,100 people at the sixth J. A Vickers St. Richard Lecture in the University Theatre. Gurney urged the American people to withhold judgment on Watergate until all facts were known. "The system is working and it is working well," he said. "The truth is coming out. No single force on earth can keep it from coming out." Politics played a large role in the selection of Cox as a special prosecutor, and in Cox's discussion with some members of the Senate Judiciary Committee last week before the committee formally heard his testimony. Gurrey said. He said that special prosecutor Archibald Cox made unnecessary demands when he requested "boxloads" of White House documents and tapes. "He was giving them a leg up, so to speak, on the rest of the committee before our hearing—higher improper for a former judge." The case could be objective and impartial," Gurney said. The senior class is sponsoring a "HOPE, Suds and Mugs" party this afternoon from 3:30 to 5:30 in the cafeteria of the Kansas Union. The five finalists for the HOPE award are: Edward McGride, professor of mechanical engineering; Jess McNish, adjunct professor of business; David Quadagno, associate professor of History; Richard Smith, man professor of history and chairman of the history department; and Lee Young, associate professor of journalism. HOPE Party Starts at 3:30 GURNEY SAID the public had a right to know what the tapes of Watage-rate-related documents are. Senior class cardholders may vote for the HOPE Award winner at the party. Beer and Spirits. Nonclass cardholders may also vote after paying a fee of fifty cents. If they paid the fee during a preliminary vote, they should receive the receipt of the payment to vote again. the finalists have been invited to the party to give the seniors an opportunity to participate. Voting boots will also be open from 9 a.m. to 4 p.m., tomorrow in Summerfield场. Senior mugs will also be distributed to cardholders at the party today. But Gurney said Nixon had an obligation to defend the confidentiality of his office and of documents relating to national security, and the Supreme Court would have upheld Nixon's position on the tapes "in a split, close decision." IF THE MIDDLE EAST nations had, become Communist-bloc countries, he said, the Soviet Union would have been able to cut Russia's nuclear production in the United States, Japan and Western Europe. "When the tapes came to light, 'Gurney said, "the President should have decided upon some method of getting the information public to clear suspicion of his involvement.'" HE SAID the President made political mistakes in withholding the Watergate tapes and in his timing of their subsequent release. "Ideally, if a reasonable and searching person can listen abundantly to all sides of an issue, he should be better able to make sense of it," she said. "Media coverage does not lend itself to this." Gurney said the news media's focus on politics and government was the main cause of the change in attitudes over the past generation. The recent Middle East crisis was a close call for the United States. Guerrero said, kind of process. Instead of an adequate presentation of issues, there are simply too many options. Gurney said poor media representation of senators' views on the Watergate scandal only made "the whole donnybrook worse." GURNEY REPEATED a six-point point on the board, 'crue' he presented last week. It would: —Insure the independence of the new special prosecutor ("by senate confirmation and the understanding that he cannot be fired without Congressional approval." —Provide for public release of the Watercate tapes. —Make White House documents related to Watergate available to "a third person acceptable to the Congress and the President." —Halt Congressional impeachment proceedings 'until the criminal investigation reveals hard evidence of criminal wrongdoing by the President." However, the Dutch government has been pressed by public opinion into statements backing Israel, through Dutch officials are demanding that Israel maintain strict neutrality in their actions. —Insure speedy Congressional action on the nomination, Gerald Ford R- Mich. Gurney Predicts Popularity Of Nixon to Rise Slowly As a result France has been getting favored treatment from the Arabs. The same has been true, to a lesser extent, of the governments of Britain and Belgium. By ROY CLEVENGER Kansan Staff Reporter Sen. Edward J. Gurney, R-Fla., said at a press conference following his speech last night that President Nixon's popularity should rise slowly but steadily unless new "I don't think there's any possibility that he resign while the vice-presidence is vacant." Gurney said he couldn't predict whether Nixon would resign. Gurney added that Nixon probably wouldn't resign unless major new scandals "I don't think any of us can predict what will happen." he said. In Oslo, the Norwegian government and Gurney said it would have been "a total disaster" if Nixon had resigned before the recent crisis over Russian intervention in the Middle East was settled. "No member of my staff is involved," he said. "A volunteer who worked for me in 1971 and 1972 has been accused of soliciting bribes in connection with FHA commitments." GURNEY DECLINED to make any comment on the progress of a Justice Department investigation into allegations that a special fund was established to handle $300,000 in unreported campaign contributions to him in 1971 and then to pay for his removal from Florida contractors seeking influence with the Federal Housing Administration (FHA). "It might have had the same effect as a com, " he said. private oil companies launched a campaign to encourage customers to make voluntary cuts in their consumption of oil. Officials said no rationing was expected. French President Georges Pompidou's government has leaned toward the Arab cause, despite strong sympathy for Israel among Frenchmen. Gurney he called he called Ast. Atty. Gen. Henry Peterson, chief of the Justice Department's criminal investigations department as soon as he learned of the investigation. More countries may follow the Netherlands in a ban on Sunday pleasure driving. West Germany's government will consider such a measure, as well as lower speed limits and other conservation measures this week. The governments of the Common Market countries were divided on the measures to take, just as they are divided over the Middle East conflict. "I asked him to investigate this as thoroughly and speedily he could, and then," he said. "I was very proud." Prospects for U.S. purchases of heating oil in Western Europe were already dim. But American diplomats were watching the escalation of tensions over the mood among European governments. GURNEY SAID Nixon had received bad advice concerning the Watergate tapes. "His advisers are lawyers, but they aren't politicians. They aren't able to gauge the truth." The House of Representatives is "dragging its beels" on the nomination of Reg. Gerald Ford, R-Mich., to be vice president, Gurney said. Gurney said many senators doubt the constitutionality of the bill to create a new program. "It would be a horrendous thing if the special prosecutor were appointed by District Judge John Sirica and had his trials and then somebody took it to the Supreme Court and they threw it out on the grounds of their constitutional officer of the courts," he said. Gurney disputed conclusions by political analysis that he was close to the Nixon administration. Before yesterday's decision, the sources said Arab oil cuts had reached about 20 per cent. A 5 per cent additional cut was to follow in December. The market countries get about 80 per cent of their oil from the Arabs. That amount has been reduced by about 15 per cent, and it is likely to be reduced further by new Arab oil production cuts of about one million barrels a day. "I have never been close to the Nixon administration," he said. "I am a nixon supporter, but I never spoken to the President personally in the five years he's been in the White House. I'm just not that close." Oil Supply Discussed By Common Market Qualified oil sources in Kuwait gave the million-barrel estimate after Arab oil exporters announced yesterday they were bringing the total amount of their exports to the $150 billion cent, including embargos on oil shipments to the United States and the Netherlands. BRUSSELS (AP)—Common Market foreign ministers met yesterday to discuss the Arab squeeze on their oil supplies, the boycott against the Netherlands. The Arabs have given the cuts will continue until Israel gives up Arab lands occupied in Syria. Rotterdam, the world's biggest port, unloaded 188 million tons of oil last year. Of that, 116 million tons went to other European countries. All Common Market nations are affected by the ban on shipments to the Netherlands. Henry A. Kissinger flew to Arab world in a bid to prevent more Mideast fighting. the three main parties to the conflict, Israel, Egypt and Syria, have warned that combat could erupt unevenly with the diplomacy can be made to Premier Golda Mire returned to Israel and said her talks with Kissinger and President Nixon last weekend in Washington allowed her to plead the Israeli case but didn't resolve all differences between Washington and Tel Aviv. Kissinger, following up on the Washington discussions, headed for Rabat, Morocco, for the first stop on a tour that also will take him to Tunisia, Egypt. Strikes by workers in key services spread in cities across the country. A strike deadline by New York City firemen was extended to 8:30 a.m. today, but firemen in Milwaukee failed to report for work after their contract expired Sunday. About 350 members of the Wisconsin National Guard were called up to take over some firemen's duties. Meanwhile, Trans World Airlines canceled flights across the country as a walkout of flight attendants continued. In New York, hope that a strike against the New York Daily News would come to a quick end was expressed after the New York Times reached a deal. The United States government said on Monday. Also in New York, 30,000 nonmilitary workers struck 48 private hospitals and nursing homes over the government's failure to approve 7.5 per cent The assault force that attacked two government base camps may have killed or captured most of the 300 defenders, the Saiga command said. North Vietnamese assault force seized South Vietnamese camps near Cambodia. In another development, Saigon reported that dozens of Soviet-built rockets slammed into Bien Hoa air base near Saigon for the first time since 1960. The air base, 15 miles from the capital, is the largest in South Vietnam. Most of the country's best iet fight-bombers are based there. Retroactive decision by Supreme Court requires attorneys for minor offenders. The Supreme Court said its 1972 decision requiring court-appointed defendants charged with minor offenses should be applied retractively. The decision opened the way for Constitutional challenges to convictions for misdemeanors if defendants were tried without counsel. The one-page, unsigned opinion indicated the challenge would be available for those who still suffered the legal consequences of conviction, be it a continuing limitation on liberty or some other disability such as denial of the right to vote. N L jury acquitted Lester Zygmaniak of murder charge in 'mercy killing' case. Olympa manag, aged 23, was acquitted on grounds of temporary insanity. He had shot shooting his 26-year-old brother, George, last June as he lay hospitalized. Jury Foreman James Clark, who announced the verdict, said it reflected the panel's feeling that he was at the time of the shooting. George lay in the hospital, paralyzed from the neck down as a result of a motorcycle accident June 17 at the Zygmaniak店 in Perrineville. Lester, carrying a concealed, sawed-off shotgun, walked into the hospital June 20, shot and fatally wounded his brother. Congress tries to solve energy crisis as its own consumption of power soars. The demand for power on Capital Hill is rising at a rate of more than three million kilowatt hours a year. There is little hope the trend can be reversed, said Benjamin F. Markert, the Capitol's coordinating engineer.