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Cedar Rapids Gazette (Newspaper) - May 18, 1974, Cedar Rapids, Iowa Resignation spurned: 'Let system work' Editorial Page May IS, 1974 Housing break deserved TO THOSE convinced that the White House can do no right, the decision to pump 10.3 billion federal dollars into the sagging housing market inevitably will appear a gift to construction interests and home-loan institu- tions. And it's true that no homebuilders and mortgage lenders have darted forth to op- pose the move. The major beneficiary, however, is the middle-income earner whose homebuying aspira- tions have been pole-axed by loan interest rates exceeding 9 percent. About such persons and their families will be eligible for 8.75-percent mortgage loans, with the government making up the difference between that figure and the lender's requirements. The opportunity is well deserved. For years many mid- income families remained unable to qualify for low downpayment, FHA-insured loans while those a rung or two down the economic ladder were landing home loan interest subsidies under the now defunct FHA 235 program. Housing costs, meanwhile, have soared spectacularly. In Cedar Rapids, for example, a new, three-bedroom dwelling which would have sold for ten years ago now costs In Orange county, Calif., the Washington, D.C., area and other inflation-riddled locales, the adequate house priced under is extinct as the carrier pigeon. Since some of the newly-sub- sidized mortgages will buy homes of and more, the adminis- tration's housing boost does not qualify as a poverty program in the New Frontier sense of the term. But inability to secure anything other than an apartment or a mobile home qualifies as a hardship of sorts. Importantly, the combined aid for home buyers and transfusion for the housing industry does not threaten collision with pending legislation providing housing help for low-income persons. Neither does the modest mortgage aid program invite the wrath of those who became homeowners before inflation broke loose; most of them are paying nowhere near the 8.75 percent required of mort- gage-aid recipients. The government's program for mid-income homebuyers is infla- tionary, however. To raise the millions needed for increased housing loans, the Federal Home Loan Bank system either must draw a check on the treasury department or obtain loans on Wall Street, thus pushing up interest rates. This attraction in turn will pull more savings from thrift institutions into higher- yielding investments, decreasing would-be mortgage funds. But the advantage to deserving homebuyers outweighs the infla- tionary tradeoff. Never very adept in housing matters, the adminis- tration seems to have earned a gold star this time. Cussed spring, as usual BECAUSE the average temperature of the world has dropped by half a degree Cen- tigrade during the past 30 years, some scientists believe that another ice age may arrive in about 250 years. After all, the last ice age (circa B.C.) result- ed from an average temperature decline of only five degrees. Whatever schemes mother na- ture has concocted, Eastern lowans can be pardoned for sus- pecting that the modern-era ice age is a 1970s phenomenon. Numbing cold, pelting rain and hail arriving supernaturally each weekend, winds which even Nebraskans would find annoying all these discomforts have combined to make this the most cussed spring on recent record. Most observers believe the cycle of bad weather Aprils and Mays in these parts started in 1968 with the savage tornadoes in the Oelwein and Charles City areas. Miserable as the weather has been this spring, though, Eastern lowans can count themselves for- tunate. Tornadic winds have been limited to the blast that hit West Branch last month; and thanks to some key rain-free days in Way with words Motion sickness By Theodore M. Bernstein IF YOU ATTEND a parents' association meeting, the chances are thai at some point someone will use this kind of construction: "Mr. Chairman, I would like to make a motion thai every pupil be able lo spell 'cal' before he gels a diploma." There is nothing in any rule hook about il, but good parliamentary language would call upon the parent to move rather than make a motion. The proposal he has put before the meeling is a motion lo In; sure, but in preferred usage he moves rather than mokes a motion. Double genitive. Mrs. Alex Fraser of St. Lambert, Quebec, raises a question I hat many persons have raised over the years: Why do we say "a friend of rather than "a friend of double genitive, as it is called, is idiomatic and of long standing ami is by no means incorrect. Oddly enough, those who question the Construction would mil dream of fines- April farmers are up to date on planting. Gardens may appear retarded, and dandelions may seem poised to take over the region, but hor- ticulturally there is nothing wrong around here that a week of sunny weather and several days of hard work couldn't mend. If the past few springs are an accurate barometer, the warming should arrive next week: Not a pleasant swing into the mid-70s daily, but rather, a spiteful lurch into the steamy upper 80s or low 90s. That jolt aggravated by the usual mosquito hordes should postpone further ice-age specula- tion until spring of '75. Isn't it the truth? By Carl Riblel, p. Time hangs heaviest for these: a boy waiting to catch his first fish, a wife waiting for her husband to come home, a husband wailing for his wife on a windy street corner and many a high-ranking Republican. "If you want the time to pan quickly just give your note for 90 days." Almanack, 7 797 InterOceon Press Syndicate Theodore M. Bernstein Honing it if a pronoun rather than a noun were involved. They would not ever say "ii friend of her" or "a friend of me." There are rare instances (though not ones that decide this) in which the double genitive has a different meaning from the single genitive. For example, "lhal picture of Jack's" means somelhing quite different from "thai picture of Jack." Word oddities. lung ago a colum- nist used the word wonderous. There is mi such word, Ihough presumably there was at one lime. If (hero ever was, the present-day word, wondrous, arrived Ihnnigh a process known as syncope, the dropping of a Idler, a sound or a syllable from the middle of a word. II is that process that gave us laundress in place of laundeross, and ne'er-do-well In place of nover-do-well. Sailors seem to be fond of syncopation (same as syn- they lake orders from the bo's'n in the fo'c's'le. By James Reston WASHINGTON' Soil. Mike Mans- field of Montana is a reminder that Ihere are still a lot of steady decent folk here walclijnj- store. Kvery- bocly in Washington is mil II juM swills Hint way. Itmun S 208 in the Capitol building. Mike's hideaway, is as pluin and calm as a country lawyer's office. The door is always open. Inside, mi fancy elegant people or heroic portraits of the majority leader. Some old amiable cartoons, and a big picture of Jack Kennedy throw ing out (lie first pitch on opening day, with Mike in Hie background, as usual. An atmos- phere of cheerful and relaxed efficiency, coffee perking on the shelf and cookies on the table. Understanding Mike is sad but not pessimistic annul tin1 present mess in Washington, lie thinks it is wrong lo press the 1'residcnt to resign, hut he understands why the Republican leader in the senate, Hugh Scott of Pennsylvania, condemned the President's private Watergate conversa- tions, and why the Republican leader in the house, John Rhodes, suggests that resignation has to be considered. That's Mike's way; he tries to understand every- body's problems. But pressuring the President to resign, he insists, would be unfair, evade rather than resolve the moral and legal issues, dive the President not only the pre- sumption of innocence, he says, but every opportunity to have his lawyers in the house and senate to argue his case, cross-examine witnesses, and appear on the floor of the house and senate, if he chooses, to defend himself personally. Senator Mansfield Let the system work, says Mike. II is not only the President, but the congress and tjie Constitution that are on trial. But and here lie is very lough lei it work all the way not half way. Take the President at his word. Give him every conceivable opportunity lo stale his case, all the lawyers lie wants to challenge the evidence and all the time he needs to do so. Hut, he insists, "let's have the evi- dence." Mansfield has a sense of pity about human folly and is very generous about the personal aspects of Ibis he sees it not in partisan terms. He is beyond all personal ambition now, even beyond his own party's battles. For example, he not illy sees the Wa- tergate and Vietnam in moral terms, but also Chappaquiddick and Senator Ken- nedy, and admires Kennedy as a good senator but is against him as the presi- dential nominee of his party in So (here iniisl he something right about ii system that puts a decent man like Mansfield al the lictul of a party, and something consoling in the though! Ilia) people in the house and Hie senate, wor- ried aliool what 1" do in Ibis crisis, come In room S 2111 In talk out (heir anvieties. and seek Mike's quiet counsel. Mansfield, if 1 hear him right, is look- ing beyond the present turmoil in Washington. He is afraid that the mil inn would be deeply divided for a long lime if President Nixon were forced to resign by political or newspaper pressure. lie thinks the whole Watergate scandal could have been avoided if the President had been open and trusted the system, and had wondered about what was right or wrong and had said "yes" or "no" at the right time. Hut he is not worrying about the past now. He agrees with the President that resignation is a bad idea and thai the impeachment process should go on to the end, but not in the way Ihe President means it. The Constitution, the courts, the house and the senate must decide and nothing else. On the line By which Mansfield means: No fid- dling, no holding back not just the transcripts but the tapes. Open all the way. Full and complete disclosure, as the President claimed. Defense lawyers for Ihe President in the judiciary committee of the house, and on the floor of the house to cross-examine witnesses, and in the well of the senate, if the house votes to impeach. Pul it all lo lest, lie says, and bring Un- people into il all the way. lie wants tele- vised hearings in (he house anil senate. He wants not merely the evidence the President wants give, bill Ihe best incImlinK (he tapes, and if ne- cessary, lie wants them played, when relevant, in Ihe chambers of the congress and nn radio and television. There are many arguments against this procedure, argued in Iliis space before, but Mansfield thinks we've had enough secrecy, and enough deception. The President has asked for a fair trial under the Constitution, so let it begin with all Ihe relevant facts mil plain and clear. This simple approach carries great weight here, for the importance of Mansfield is that his colleagues in both parties and in both houses believe in him. They watch him in S 208 and on Ihe floor of Ihe senate, struggling to lx> fair, op- posing Ihe President on troops in Europe, opposing his own party on many issues, arguing for the things he thinks is right, even if this means opposing his own party. So lie has power, even though he doesn't want il, maybe because he doesn't want it. Others here are jumping to conclusions, calling for resignation, shifling and jumping around. But Mans- field waits. He is in no hurry, lie goes on with the business of the senate. He won't even talk about whether lie has made any preparations for a trial of the President. "That's not before us he says. lie may be right or wrong on Ibis procedure, bill lie has the influence of integrity, and in the end, that may lie what the controversy is all about. New York Times Service Justice twisted, torn, undone Law's lawyering-to-shambles documented By James J. Kilpatrick LOS ANGELES Our criminal law has fallen into a condition thai may charitably be described as chaotic. That is the judgment rendered by a California jurist in a brilliant book scheduled for publication this month. The book is "The Price of Perfect Jus- by Judge Macklin Fleming of the court of appeal of California. As you love the law, do not miss this work. Judge Fleming's thesis goes to this ef- fect: The highest appellate courts in the. nation have become so obsessed with "the perfect trial" that they have lost sight of the fair trial. As one con- sequence, our system of criminal law is bogged down in a swamp of legalisms, technicalities, and judicial booby traps. In this morass, the fundamental question of guilt tends to disappear. The goddess of justice finds herself holding a pair of cockeyed scales and an impotent sword. That is too brief a summary of a devastating work of criticism. Other writers on the law tend to single out particular areas for comment, and some of these other writers make clean hits. Judge Fleming's book is a grand slam homer: He clears all the bases. People's forum Kennedy defended To the Editors: You must indeed be desperate in view of your editorial May 9 containing a des- picable smear, below-the-belt attack on Ted Kennedy 2% years before he might run for President. To equate the tragedy in the personal life of Senator Kennedy in which one life was accidentally lost but for which the victim's parents do not blame him, with Nixon's Watergate in which the whole country is the victim and his destruction of thousands of lives in Vietnam and Cambodia, is ridiculous and the height of irresponsibility. Evidently you and others like you will do everything you can to whip up anti-Kennedy hatred lo bring about his assassination. So whal if party bosses do nol wanl him to run? Every poll indicates lhal he is far ahead of every other Democratic can- didate in preference among the rank and file. After Watergate, don't you think that the people al large should decide who Iheir candidate will be? Furthermore, Kennedy is slill undecided about running, and if he does so will enter most of Ihe primaries lo lest voter sentiment. Therefore, why nol leave il up to the Democratic volers lo decide whom Ihey desire as Iheir can- didate? If they hold Chappaquiddick against him and prefer Jackson or Wallace, so be il. And if he loses the election you will he happy. After Kennedy's accident, Nixon's unscrupulous minions made every possi- ble investigation, even tried to seduce other fiirls who attended the parly, lo gel derogatory Information agnlnsl him. That they failed completely gives credence to his account of the events. Ills post-accident behavior win be accounted It is a fair observation on most lawyers, judges and law professors that they write turgid stuff; it is as if their liens had been dipped in library paste. Judge Fleming, by contrast, writes crisply and lucidly. Even the most untu- tored layman can read this book with profil. The California jurist, now 62, writes from a lifetime in court, both at the bar and on the bench. Graduated from Yale law school in 1937, he practiced briefly in New York, then migrated lo California after World war II. There he began the general practice of law, specializing in trial work. He has known both sides of the court- rooms of Los Angeles, as an assistanl prosecutor and a public defender. He served five years as a trial judge on the superior court for Los Angeles county, and ten years ago took his place among the 20 justices who make up the Second district of the court of appeal of Califor- nia. II is from this vantage point, as an ap- pellate judge required to interpret the mandates of his judicial superiors, that Judge Fleming has witnessed the mad- dening deterioration of our criminal law. He and his colleagues have become, in effect, umpires for the games defendants for by concussions for which he wore a neck brace afterward. His "advisers" took advantage of his condition. Be thai as it may, wail until he becomes a candidale, give him the benefil of every doubl, and lei the voters in the various primaries and the election decide his fate. This is the American way. The country cannot stand another assassination inspired by venom-in- spired news media. R. Goethe Iowa Cily play. Daily Ihey are compelled to give practical effecl to the bizarre theories handed down from above. Judge Fleming dryly describes the delaying taclics that impede criminal justice. These he lerms "sidetracking" and "mainlining." The defense lawyer who elects to sidetrack a prosecution may begin by allacking the arresl warrants, or the composition of the grand jury, or the qualificalions of the judge. A lawyer may then attack the consti- tutionality of the law itself, or contend that excessive publicity prevents a fair trial, or appeal from preliminary rulings. Once a case gels back on the main line, the prosecution can be slowed to a crawl by a dozen olher delaying mo- tions. Conviction and sentence no longer mark a .terminal point. A defendant James J. Kilpatrick 'Mistreated' To the Editor: I am a 17-year-old prisoner confined lo the men's reformatory at Anamosa. I am writing from administration segregation (lockup) where I am allowed out of my cell for showers one day and 15 minutes of exercise the alternate day. Last Feb. 4, I was taken before the disciplinary board (kangaroo court) for a report that I received for swearing ill an officer. 1 was sentenced lo seven days in isolation (the hole) and days in ad- ministration seg. In the hole I received a blanket al nighl along with a mattress and was put on half rations of food. lint sentences like mine are generally handed down for serious infractions such as hitting a guard or fighting. I am a revelation minister in the Church of the New Song and feel thai Ihis had a lot lo do with Ihe groat senfence I was given, as the administration tried every way in the book to keep the church from having services held here. This is the general feeling also of my brothers of Iho church. Another injustice that is allowed to be placed upon us prisoners is through an- other kangaroo board known us the clas- sification board, whose main purpose is lo transfer young men lo Ihe Forl for any Infraction of rules. The iniiln grief here is that a lot of Ihese men are confronted lo commit homosexual ads wild older men al NIC Forl or seek lockup lo gel away from such I'iclloii When these men are taken before the board, they are allowed to call witnesses on their behalf. I was a witness for a fellow inmate not long ago and had not said more than 10 words when the head of treatment said in a very loud, harsh voice, "Get him out of and I was forced lo leave the room. What good are witnesses if they can'l be heard? H's Iruc we broke Ihe law lo come here, and are locked up like animals, plus working for slave wages. But Ihe fad remains thai we are still human and should be treated as such. The only resource we have is to let the public know how we are being mistreated and hope thai someone will eventually investigate and have something done aboul il. I will probably be punished for writing this Idler. Sieve Filzpalrick Anamosa Horse killed To the Editor: Hardly a day could go by without our being exhilarated, if not inspired, lo see a beautiful horse and girl move in unmis- takable majesty over hurdles, fused together as one, as only an expert horsewoman and mount can. But today is a most grievous one for us, and our grand slale of Iowa is a little diminished, because champion number two barrel racing horse is now just so much cold meat. It was slaughtered by a van on Blairs Ferry road Tuesday morning (May Whal kind of speed picks up a pound animal and losses il into shifts it over Ihe side of Ihe hood lo die in a few m.p.h.or 55 m.p.h. as the posted speed claims? No, much more, we say. The Investigating officer was heard lo say, "Thank goodness it was only a horse." Though we speak In grief and perhaps anger, we must agree, for II could have been our child Instead of "only a horse." Mr. and Mrs. David G. Vlfliin 1101 Fourth slrcel SW found guilty in a stale tribunal needs only lo cry "due process" or "e'qual protec- tion" or "retroactivity" in order to leap into the federal courts for review. Defense lawyers Ijave been given greal balls of twine, and they have learned to tic justice into-knots. Judge Fleming's book is polemic in its spirit, but restrained in ils 'tone. He lels Ihe appalling facts speak for themselves. His concern is-for the blindfolded woman with the sword and the scales: "Each lime the criminal process is thwarted by a technicality that does nol bear on the innocence or guilt of the ac- cused, we trumpet abroad the notion of injustice; and each lime a patenlly guilty person is released, some damage is done lo the general sense of justice." He urges a return to trials that are swift, fair, and final. He wants more at- tention paid to substance and less lo mere ritual. And he wants judges to serve as judges instead of as legislators, policymakers, super school boards, or smart-alecks. This is a sockdolager of a book. One hopes Justices Douglas, Brennan and Marshall, for starters, find time to read it. Washington Slor Svndicalo Youth in business To Ihe Editor: On May attended the Ninth annual Junior Achievement awards banquet al Ihe Roosevelt holel for Ihe young men and women in the Cedar Rapids and Marion area. The public al large hears a greal deal of bad news Ihrough television news reports, magazines and newspapers about Ihe youlh of our counlry. Very sel- dom do we lake Ihe opportunity to ac- knowledge a job well done by the young people of our communily, who really conlribule lo Ihe growth of this counlry and are Ihe future of America. I speak for Ihe many adulls that were there in praising the Junior Achievement organization and the exceptional young people thai arc involved in Ihese projecls. As Ihe various awards were presented and appropriate rounds of applause were given, il reinslated my failh in the American way of life and Ihe free cnlerprise system and that il is be- ing passed on lo a very healthy, ambi- tious, group of young people who will be a credit to our society in the very near future, as they are today. The parenls of these young adulls and Ihe communily can be very proud of these fine young people. Richard Goode 2910 Alloghany drive NE Insights By spooking of our misforfunos wo oflon soem lo flol rollol. Piorro Cornoillo
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