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Southern Illinoisan (Newspaper) - July 8, 1974, Carbondale, Illinois PUBLICATION OFFICI Carbondale 710 N Murphyiboro 1113 Walnut Herrln 212 N 16th Volume 82No 159lSc a Copy Two Sect 010175 LS NEWSPAPERS BOX DECAIUB Kil 62525 Prtn Dally Jouniili ImUptnrttnt MONDAY JULY N ixon sijbpoena case Washington AP White House lawyer James D St Clair told the Supreme Court today that Special Prosecutor Leon Jaworskis request for an order directing President Nixon to obey a subpoena is drawing the high court inevitably and inexorably into the House im peachment proceedings Earlier Jaworskd told the court that if it permits the President to say that the Constitution means what he says it does without a Supreme Court judgment then men are no longer equal in the law St Clair asked the court to overturn a lower court order directing Nixon to produce tapes and documents subpoenaed by Jaworski for use as evidence in the Watergate coverup trial No one could argue that the proceedings before this court will have no impact on the im peachment deliberations of the House Judiciary Committee St Clair said Jaworski who preceded St Clair in the oral arguments before the court said that if President Nixon or any presi dent is free to rule that the what he says it does without Supreme Court review then Americans are no longer equal under the law And the special prosecutor said it would be particularly in appropriate to vest such power in President Nixon in a personally delicate situation in volving criminal charges against two of his former closest Hundreds line up for a seat aides and devotees John D Ehrlichman and H R Haldeman Justice Potter Stewart asked St Glair whether he meant the court should be stopped dead in its tracks because the im peachment proceedings were underway StClair said he did not but argued that impeachment itself should be left solely to the legislative branch of govern ment as provided in the Constitution Some members of the House Judiciary Committee were among the hundreds in the crowded courtroom Jaworski consumed nearly an hour of the historic hearing presenting his opening argument and answering numerous ques tions from the eight justices taking part in the case The court extended its 197374 term originally scheduled to end late last month to hear the arguments from Jaworski and St Clair over whether President Nixon must surrender the material sought by the special prosecutor Jaworski said that he was told when he was hired as special prosecutor that I would have the right to take the President to court But St Clair argued again and again that President Nixon had not relinquished his right to decide what confidential con versations should be made available The right to force the Presi dent to give up confidential communications that was not delegated St Clair said He said it was Jaworskis point of view that as special prosecutor hes a fourth ofj government when there are only three branches The executive legislative and judicial Another question before the court is whether the grand jury that indicted Haldeman Ehrlichman exceeded its authority by naming Nixon as an unindicted coconspirator inj the Watergate coverup In response to a question from Justice William J Brennan Jaworski said he would be en titled to the material he sought whether or not the grand jury had namedNixon as a cocon spirator Justice William 0 Douglas raised a question as to the relevance of the grand jurys decision to name Nixon a co conspirator Jaworski said the action is relevant because it shows that the material he seeks would be useful in the trial Chief Justice Warren Burger asked St Clair whether he was arguing that great chunks of the tapes being sought by Jaworski are irreleverit to the coverup trial St Clair said he was Justice Thurgood Marshall suggested that the President is ignoring the subpoena for the tapes and St Clair protested mat the Presidenthas not ig nored it but had answered in court with a motion to dismiss Marshall asked what was the difference between ignoring the motion to quash St Clair replied that the dif ference was that the dismissal motion was being submitted to the court Jaworski was first to deliver his spoken argument before the justices and a packed Supreme Court chamber in a case that raised fundamental questions about the powers of the presidency St Clair has held in his briefs that the President has the right to withhold potential Watergate evidence But Jaworski disagreed He said Nixon may be correct in his j interpretation of the Constitu tion but he may also be wrong and if he is wrong who is to tell him so And if there is no one as the President and his counsel argue in their briefs the President then is free to pursue his course of his erroneous interpre tations Jaworski said What then becomes of our constitu tional form of government In our view this constitutional form of govern ment is in serious jeopardy if the President any presidernt is to say that the Constitution means what he says it does and that there is no one not even this Supreme Court to tell him otherwise the special prosecutor said Then men no longer are equal in the law Furthermore Jaworski said the Watergate case is a special situation because it involves men who were close to Nixon To permit the President to make the interpretation is especially insupportable in a personally delicate situation in volving criminal charges against two of his former closest aides and devotees who the President in an address to the nation on April 30 1973 described as two of the finest public servants it has been my privilege to know Jaworski said He noted also that Nixon had said last November that Haldeman and Ehrlichman would come out all right when the proceedings are completed in the overall Watergate case Lwn Jaworski arrives at Supreme Court today to argue Watergate breakin Canadians vote today also Japans Tanaka likely to retain his majority By the Associated Press Prime Minister K a k u e i Tanakas conservative Liberal Democrats appeared likely to day to hang on to their majority in the upper house of the Japanese parliament It was not as clear however whether the partys majority would be big enough to demonstrate that Tanakas popularity with the voters had Improved With most of the votes counted the LiberalDemocrat party had won 57 of the 70 con tested seats it held before the election giving when combined with its uncontested seats A computer projection by the Japan Broadcasting Corp predicted that the Liberal Democrats would win 65 seats two more than a majority The Socialists won 27 seats for a total of 61 The upper house is a type of watchdog body able to do little more than delay enactment of laws passed by the 491seat lower house The significance of the current election is that it is expected to indicate opposition party strength aftera quartercentury of rule by proWestern factions of the LiberalDemocrats Final results will not be known I until early Tuesday However i there were indications that the heavy urban vote was running I increasingly against Tanakas I party Canadian voters went to the polls today to decide whether m e Minister Pierre Trudeaus Liberals or Conservatives would form the next government Political ex perts rated the election a toss up though the Liberals have j held a narrow lead in every poll But the polls point to neither party winning a majority with Canadas second successive minority government as the result Washington AP John D Ehrlichman took the stand in the plumbers trial to day and denied ever approving the breakin at the office of Daniel Ellsbergs psychiatrist The former White House domestic affairs adviser said moreover that he was never told a burglary was planned The denial came only after US District Judge Gerhard A Gesell sentout the jury and ad monished Ehrlichman attorney Henry H Jones after Ehrlichman had been on the stand for more than two hours You havent asked one ques tion about the breakin all morning The jury is sitting Only minor questions at hearing on lottery Chicago AP Only three minor questions were posed to the state lottery board in the first of its public hearings on the regulations that govern the Illinois State Lot tery Lottery Superintendent Ralph Batch told one store owner that hose who have requested per mission to sell lottery tickets receive their licenses and promotional material between July 1530 if the applicantpasses police credit and tax checks The last check is to make sure the businessman has paid his state taxes The first lottery drawing is scheduled Aug 8 Robert Allphin state director of revenue said 6000 applica tions for licenses have been received He gave assurances there would be no political favoritism in awarding licenses and that the only criteria are the three checks A second hearing was sched uled tonight in Rockford with meetings slated Tuesday in Springfield and The Lottery Board will meet Thursday in Springfield to review any suggestions or addi tions in the 22 proposed rules and regulations Mistrial asked in Henley trial San Antonio AP A panel of prospective jurors was qualified today in the murder trial of Elmer Wayne Henley the 18yearold charged j in the Houston mass murders The panel was immediately challenged by defense lawyers who asked for a mistrial District Court Judge Preston I Dial overruled the mistrial tion gave lawyers one hour toj pick 12 jurors from the panel of 32 and said testimony would begin this afternoon defense again asked that the jury be sequestered because of the sensational nature of the trial and Dial once more refus ed there Theyre interested in the breakin Youre all around the edges Let him tell whats in his mind and heart and turn him over for crossexamination and see what happens said Gesell Earlier Ehrlichman 49 directly contradicted the testimony of one of the co directors of the White House special unit which plotted the Sept 31971 burglary Ehrlichman testifying in his own defense said he never read files delivered to him by David R Young once codirector of the special White House in vestigative unit known as the plumbers Young has testified that Ehrlichman told him last March Kissinger discusses oil funds in Britain London AP Secretary ofState Henry A Kissinger stopped in London to day and met with British of ficialson prospects for chan neling Arab oil money into long term investments in Western Europe The high cost of petroleum and raw materials has con tributedto economic instability for many of the allies US officials said the tentative objective of Kissingers talks with Denis Healey chancellor of the exchequer and Foreign Secretary James Callaghan is formation of an arrangement for offering attractive investment opportunities to the Arab states West German Chancellor Helmut Schmidt broached the subject to Kissinger during the weekend in Munich Kissinger flew from the West German city today Schmidt told newsmen that Europes economic problems are more important than stalemated EastWest negotia tions on troop reductions and security measures The Arab oil states have been investing some of their enormous returns in European shortterm bank accounts In seeking the stability of long term investments the Europeans hope to moderate the current high rate of inflation Kissinger goes Tuesday to Madrid the last scheduled stop on his tour to brief West pean leaders on Nixons summit trip that some plumbers memos were a little too sensitive and showed too much forethought about the breakin Sept 3 1971 Ehrlichman and three others are accused of violating the rights of the psychiatrist Dr Lewis J Fielding at the time of the breakin Instead of reading the files at the time the breakin came under formal investigation by the FBI Ehrlichman testified that he ordered them returned to Young Ehrlichman 49 who appeared confident and at ease on the stand portrayed his own role in the plumbers operation as merely peripheral When the papers were first John Dean summoned as witness Washington AP The House Judiciary Com mittee is entering what Chairman Peter W Rodino Jr DNJ hopes will be the final week of its impeachment inquiry with John W Dean III as a key witness Dean whose Senate testimony a year ago linking President Nixon to the Watergate coverup helped start the march of events that led to the impeachment j proceedings is due to appear before the committee Tuesday or Wednesday j Frederick C LaRue a former official in Nixons reelection committee continued his testimony today Dean is being called at the request of Nixons impeachment lawyer James D St Clair leaked to the press by Ellsberg Ehrlichman said he worked with the Justice Department at President Nixons behest to prevent the New York Times and other newspapers from continuing publication of the Vietnam studies But Ehrlichman quoted Nixon as saying later in midJuly 1971 You get back onto domestic policy matters and leave Ellsberg and the Pentagon Papers stuff to the man I designate That man was Egil Bud Krogh who frequently reported diractly to the President on the investigation into Ellsbergs motives and associates Ehrlichman said Ehrlichman until last April 30 Domestic issues among the closest of Nixons inner circle said the President was fearful that Ellsberg had not acted alone and that there may be more leaks coming in the summer of 1971 Ellsberg as a Pentagon and Rand Corp analyst was known to have had access among other things to contingency plans for the mining of Haiphong Harbor off the coast of North Viet nam Ehrlichman 49 has testified before the Senate Watergate committee that while he ap proved a covert operation to obtain insights into motives and associates he did not know an illegal breakin was planned Nixon huddles with counselors Washington AP Back in the White House where he has spent only two full days in the past month Presi dent Nixon moved into a series of meetings and conferences on domestic issues today His first appointment was a midmorning meeting with Vice President Gerald R Ford followed by a session with Secretary of Health Education and Welfare Caspar berger j The President summoned his four counselors Anne Armstrong Dean Burch Ken neth Rush and Roy L Ash for a late morning conference in the Oval Office Deputy Press Secretary Gerald L Warren said Nixon conferred by telephone Sunday with his chief Watergate lawyer James D St Clair but did not meet with him prior to todays Supreme Court hearing on the question of whether Nixon must comply with a subpoena from Special Prosecutor Leon Jaworski for 64 White House tapes Nixon also arranged to meet with five of his top economic advisers Tuesday Then Wednesday morning Nixon meets with Democratic and Republican congressional leaders on his JuneJuly trips to the Middle East and the Soviet Union Warren said Have French set off another nuclear bomb Index Retail food prices up again Canberra AP The governments of Australia and New Zealand believe the French exploded another nuclear device today at their South Pacific test site Prime Ministers Gough Whitlam of Australia and Norman E Kirk of New Zealand announced The announcements gave no further details The last report of a French explosion was June 17 when the Australian govern ment said France carried out the first blast of its 1974 test program at Muroroa Atoll about 900 miles southeast of Tahiti The French government gives no information on theprogress of its nuclear testing program and neither confirms nor denies that the tests are held Classified Comics TV Bridge Crossword Editorials Family living Farm Records Sports Weather details map 1315 19 4 6 S 14 1112 16 Humid tonight withlow in the lower or mid 70s Tuesday mostly sunny with high in mid 90s Continued hot and humid Wednesday with low in 70s and high in 90s 1 Chance of thunderstorms Thursday low in 70s and high in 90s Friday low in highin 80s Washington AP Higher retail food prices in May meant a family of four spent about 50 cents a week more to eat during that month than during April new govern ment figures showed today The Agriculture Department reporting on weekly costs of meals for three family income levels said the 50cent increase hit the three groups uniformly But on a pro portionate basis the increase at in the past was felt most by lower income families A lowcost food plan which includes less meat and large quantities of normally more economical itesm such as cer eals and potatoes cost per week in May up 11 per cent from April and from May 1973 The USDAs moderatecost plan was per week in up 09 per cent from April and from a year earlier A liberalcost menu was per week up 07 per cent from April and from May last year The figures for the three in come groups had declined between 30 and 80 cents per week in April Retail meat prices began de clining in the spring reflecting part of the sharp drops for cattle and hogs But many other food items including some used in the lowercost plans havt been relatively higher
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