THE CLOUDY CAKER Forecast: Partly cloudy, scattered showers. High upper 60s, Low mid-60s. THE UNIVERSITY DAILY KANSAN 84th Year, No. 4 The University of Kansas—Lawrence, Kansas Special Bus For Aged Thursday, August 30, 1973 See Story Page 3 Chinese Communists re-elected Mao, bounced Lin Piao at 10th national congress. Mao presided yesterday over the congress in Peking, which elected a 148-member presidium. The presidium, headed by Mao, has five vice chairmen, headed by Chou En-lai. In the previous presidium, Lin Piao was the only vice chairman. The party placed its official seal of disgrace on Lin Piao and Chen Po-ta, Mao's two principal collaborators in the cultural purge of 1966. Rescue teams in Mexico continued digging; almost 1,000 dead from Tuesday's quake. The quake ranked as the worst natural disaster in modern Mexican history, coming after a month of nationwide floods that left 76 persons dead and 490,000 homeless. President Luis Echeverria is touring the affected area, which includes 24 cities 120 to 120 miles south and east of Mexico City. Western diplomats said war in Cambodia was fought by Cambodians, not by Hanoi. "North Vietnam was running the war until the middle of last year," said one diplomat. "But it rapidly became Khmierzor. The whole program is similar to Vietnam. The Americans were running the war 10 years ago. Then came Vietnamization." Western intelligence says there are 5,000 North Vietnamese troops being directed by the Central Committee of the Klmer Communist party, which has been involved in the campaign. Heat strained United States electricity generating capacities, forced conservation The heat brought a 5 per cent voltage cut in New York, where rising temperatures caused the Motors and Chrysler trapped some production due to the heat and shutting down. Even in the Northwest, Oregon governor Tom McCall asked for a upper contail in power because a severe drought has lowered hydraulic pressure. The nation's capital had an air pollution alert for the fifth day. Baltimore had an alert, too, and 28 industrial operations in Maryland were asked to stop. Captured Swedish gunman was booked after holding four bank employees for six days. Jan-Erik Olson, the gunman, was charged with abduction, unlawful threat, armed robbery, attempted murder and extortion. A police official said Olsson told him after his capture Tuesday that he regretted he ever surrendered. Release Tapes, Sirica Says Private Hearing of Nixon Recordings Sought By VERNON A. GUIDRY Jr. Associated Press Writer WASHINGTON—In a historic challenge to claims of presidential power, a federal district judge yesterday ordered President Nixon to produce tapes of White House conversations on Watergate for private inspection. Nixon promptly refused. Chief Judge John J. Sirica issued the order and simultaneously suspended its effect for five days to give the White House time to appeal. Under normal legal practice in the District of Columbia, the five days, during which courts, putting the deadline at next Thursday, In a statement from San Clemente, Calif., barely two hours later, the White House said Nikon's lawyers "are now considering the possibility of obtaining appellate review or how otherwise to sustain the rule. The immediate step except appeal was mentioned by the White House. THE STATEMENT said it was Nixon's position that he must uphold the constitutional separation of powers and confidentiality of presidential conversations and "consequently will not comply with this order." The decision fell short of the request by Archibald Cox, special Watergate prosecutor, that the tapes be presented to the grand jury investigating the scandal. But Sirica's demand that he inspect the tapes privately represented a sharp defeat for the President, even though it is subject to the investigation. The president that the President was beyond the reach of any such order from a court, regardless of who was to do the inspecting. That disclosure prompted the civil law suits seeking the tapes. SOUGHT BY Cox, in a parallel suit by the Senate Watergate committee, are tape recordings Nixon made of conversations in his office with key aides. In his 23-page opinion, Sirica granted that there was such a thing as a presidential executive privilege against producing materials that are not directly confidentiality of presidential discussions. Testimony at Senate Watergate hearings has led investigators to conclude the tapes could show whether Nixon knew of the Watergate coverup. Disclosure of the secret tapes was made by a former White House official in Senate testimony July 23. However, he declared that the judiciary, not the President, must be the judge of whether that privilege was properly in existence. "FOR THE courts to abdicate this role to Presidents or anyone else, to make each officer the judge of his own privilege, would dishonor the genius of our constitutional system and breed unbearable abuse," Sirca said. Cox pronounced himself "very pleased" by the decision. Headquarters Fights Drug Analysis Ban Bv. JEFF HILL `if appellate review is sought, we will do everything possible to expedite the case.` The expected White House appeal presumably would go to the U.S. Court of Appeals for the District of Columbia, which is upstairs from Sirica's court. Officials of Headquarters Inc. are looking for means of legally reinstituting the company, in the form of an appeal to the Court. Kansan Staff Reporter SIRICA concluded that there can be no exception, even for Presidents, when a court seeks to enforce compulsory process, the term signifying the court's power to A recent Supreme Court ruling may have limited the wholesale supply of pornographic literature in Lawrence but not the demand for it. Atty. Gen. Vern Miller told Headquarters officials July 10 to cease analysis of drug samples and to deliver all "non-research" drug samples to his office. A spokesman for Allen's Book Store, 1115 Massachusetts St., said yesterday that local bookstores were having difficulty purchasing pornographic material but that sales hadn't decreased. The spokesman asked not to be identified. James McChesney, associate professor of medicinal chemistry in the School of Pharmacy who has worked with Headquarters personnel in the analysis program, yesterday outlined efforts to renew the program. "The strictest interpretation of Kansas law requires that persons handling illegal drugs be registered with the Kansas Board of Pharmacy," he said. "We are already mandated by a federal agency (a federal agency) and have submitted a formal application to the Kansas Board of Pharmacy, which would allow us to continue research with drugs and hopefully permit application of street laws." His application has not yet been acted upon. The spokesman said California publishing firms dealing in pornographic literature were unable to supply Allen's Book Store because of tighteness obscenity restrictions. Smut Short in Lawrence He said the ruling also had changed the definition of pornography from "being "WE HAVE ALSO had discussions with local legislators concerning the legality of street drug analysis if we didn't pass the information directly back to the donor and instead passed it on in summary form, such as on social media or the press. We are exploring alternatives." The restrictions have caused suppliers' sales to drop, Dave Barrett, manager of Town Crier, 950 Massachusetts St., said. The department's sales had resulted in production cutbacks. said. "We have no problems in purchasing literature. And absolutely nothing has been written." David Berkowitz, Douglas county attorney, agreed. "But nothing has changed for us." he "The Supreme Court ruling doesn't affect Kansas laws," Berkowitz said yesterday. "Kansas had codified previous Supreme Courts and our laws are still under the old standard." The new ruling sets down a maximum limit on censorship, he said. Kansas' less restrictive law provides for less than the maximum amount of censorship. The drug analysis program had been in operation for the last three years as a cooperative effort involving the city of Philadelphia and the University School of Pharmacy. "There were two basic aspects to the court's ruling. First, it became acceptable to use local community standards as opposed to national wide standards." utterly without any redeeming social value* to 'being without an serious sense of shame' 'None of our enforcement procedures will change unless new local legislation is passed.' "All of the controls, or censorship, now are self-imposed," Barrett said. "We probably haven't changed our policies in the past because we've become a little more concerned." Antibiosity legislation could originate in the state legislature or from the city government. Evie Winker, director of Headquarters, said yesterday that although the analysis program had been suspended, the organization was continuing to provide general information about drugs to interested persons. "We can identify prescription drugs and provide information about them," she said. provide information about them," she said. When Miller ordered the analysis program stopped, he said the program would have been replaced with information about local availability of drugs. *IN TURN*, the user may seek conformation on the quality of drugs purchased from a drug store. "Geez,Killer, I wish that magazine saleman would hurry up and get here!" McChesney said the analysis program had been initiated and operated under the assumption that positive effects might be obtained for the community. Appeals Court OKS Gas Price Ceilings By the Associated Press compel such things as production of evidence and testimony. WASHINGTON—An emergency appeals court gave the Nixon administration the go-ahead yesterday to impose scheduled price hikes on the company's Saturday, if the administration wishes. Judge Edward Allen Tamm granted the Judge's request for a stay of a lower court order that had prohibited the Cost of putting the price cellings into effect. "They can proceed to execute whatever they want to execute," a court spokesman said, interpreting what the stay order meant to the council. The ceilings could result in rollbacks of retail gasoline prices at many service stations. Some gasoline station operators had threatened boycottts for the Labor Day weekend if the new ceilings went into effect and their minds after the lower court order. A council spokesman was unable to say immediately, however whether the council would replace the current gasoline price freeze with the cellins on schedule. The American Automobile Association said it was too soon to determine whether yesterday's ruling would precipitate shutdown. In granting the government request for a stav of the lower court order. Tarmn said he was preserving the "status quo," pending a full hearing on the case on Sept. 17. The emergency appeals court was established to hear cases arising out of the failure of the court to issue an order. A District Court in Washington Friday granted the request of retail gasoline dealers for a preliminary injection against a company that was discriminatory, arbitrary and capricious. The new regulations will require stations to post special stickers on their gasoline pumps listing the ceiling price and octane rating of gasoline. Council Director John T. Dunlop said that consumer resistance to high prices might be partly responsible for recent lower prices in pork, pork, beef and some other commodities. The formula for the new ceiling prices actually will force a decrease in retail gasoline prices at many stations but will permit increases at some others. The Cost of Living Council will conduct public hearings today and tomorrow on the proposed price increases by 10 steel companies including U.S. Steel, the industry's largest. He said poultry prices already had declined in the supermarket and lower prices for pork also were working their way through the market system. "It was my feeling that if individuals who had donated samples were aware of the chemical composition of a sample this would begin to lessen indiscriminate and misuse them," he deterred to drug usage generally. "McChesey said, 'It would also make the local community aware of the kinds of drugs in town. In addition, we knew when there was a big shipment in town and could anticipate problems a person seeking help might have." Reportals about drugs analyzed by Headquarters were submitted to Miller's existence unkinder said. Miller, however, having received any such reports, maintaining that his awareness of drug analysis individuals came as a result of investigation HEADQUARTERS ACCEPTED drug samples from anonymous donors and assigned a number to the sample for use by the donor in checking for results of the analysis. Samples were analyzed at the School of Pharmacy and results relayed back to Headquarters. The donor would be asked about his participation. Headquarters for completed analysis of his numbered sample. Anonymity was maintained at all times. According to McChesney, the analysis provided the donor information about the pharmaceutical effects of the drug, potentially dangerous drug interaction within the sample, identifiable psychoactive agents and impurities within the drug. Nixon has pledged to abide by a "definitive" decision by the highest court. If Sirica's opinion yesterday is ultimately upheld, his future determination on whether the tapes are privileged would, presumably, also be appealed. By the Associated Press Ervin Terms Sirica's Ruling 'Great Victory' The special panel led by the North Carolina Democrat has filed suit for the same tapes Chief U.S. District Judge John J. Sirica ordered President Nikon to surrender to the court for private examination. Sen. Sam J. Ervin Jr., chairman of the Senate Watergate committee, applauded yesterday a federal judge's demand for Watergate-related Presidential tapes. Ervin called the ruling "a great victory for the search for truth." "It gives me hope the committee will hear them." Ervin said in New Orleans The White House filed a motion seeking dismissal of the committee's suit only hours before Sirkola handed his decision in an oral proceeding. The prosecutor Archibald Cox. The committee followed the motion with a lengthy legal argument asking Sirkola to order Nixon to pay for the assault. Sen. Howard H. Baker Jr., R-Tenn., vice chairman of the Senate panel, issued a statement through his Washington office that said the ruling in the Cox case "was a violation of the Constitution and safeguards on the national security and separation of powers issues" raised by the historic conflict. Judge Sirica ordered Nixon to release the tapes to him for private examination, leaving it to the court to determine whether the tapes should be used as evidence. Democratic National Chairman Robert S. Strauss told a news conference in New York that "Judge Sirica has demonstrated for us the he is the finest example of our judiciary." Kansas Staff Photo by CARL DAVA2 Homeless Happy needs a good home. He was found recently near Lawrence by these three young girls. They are 12 years old, and 15 feet tall. 1207 W. 28th Court; Erin Patttee, 1202 W. 294th Court; and Karen Hensler, 2830 Missouri. The girls brought Happy on campus to try to help who would give him a home.