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Burlington Daily Times News Newspaper Archives May 9 1986, Page 4

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Burlington Daily Times News (Newspaper) - May 9, 1986, Burlington, North Carolina 4 a a 4 4 a a4 i4 in a a. T a i of Burlington . Times news fri., May 9, 1986 editorials 4a the daily times news established in 1887 Quot Alamance county s Only daily Jesus paper Quot this newspaper is dedicated to furnishing information to our readers so that they can better promote and preserve their own Freedom and encourage others to see its blessings. For Only when Man understands Freedom and is free to control himself and All he possesses can he develop to his utmost capabilities. David Rutledge publisher Don Bolden editor uses 146-600 a defeat congressional club May r have a quiet november what is the congressional club going to do in november in most cases at that time of an election year the club would be in the Middle of the Campaign to get someone elected. But this year Well unless they opt to support Terry Sanford there is not much they can do in the North Carolina senatorial election. They did their Best to defeat Hep. Jim Broyhill in the Republican primary coming up with a last minute Effort based on Broyhill a $100,000 loan to his Campaign. The club forces indicated that this showed Broyhill was in trouble and was trying to buy the election with last minute advertising spending. Broyhill made the loan known to proper officials on Friday before the primary on tuesday and it was All Legal and on the up and up. The outcome of the voting indicated he was certainly in no trouble at that Point. The congressional club was behind Broyhill opponent David Funderburk in the primary and from the nature of the Campaign that Funderburk waged it seems highly Remote that the club will now fall behind Broyhill in november. The Campaign was not one in which Funderburk and his qualifications were exhibited. Instead Many of Funderburks ads showed Broyhill a photo along with messages designed to make him look As badly As possible in the eyes of the voters. That raised questions in some minds. When you give your opponent such exposure even in a negative Way there May be a backlash. The opponent May actually gain from it. Also there is a backlash now in that Many people Are turned off by the negative Campaign. Funderburk told voters Little in this Campaign about himself. Most of his Effort was aimed not at promoting himself but at attacking his opponent. Perhaps he Felt he had to do that As Broyhill has a Long tenure in Congress while Funderburk has none. Yet. A newcomer can develop a program of action to be followed if he is elected he can Tell the voters about himself and his ideas about legislation. He can suggest ways in which he can help improve the situation of the voters. There is much a newcomer can do besides attack his opponent. Newcomers Are elected to Congress every year and most of them do it by telling voters about themselves. The democrats did not practice the same course of action. There was a Field full of candidates in the Senate race on that Side of the ticket but there was very Little in the nature of attacks by one candidate on another. Most of those in that race used their time and Money to Tell Why voters should support them. But Back to the initial question. What is the congressional club going to be doing in justices must not go to movies in Washington a let me Trot out a theory. This is it if judges would go to More dirty movies we d have better judges. That conviction w As strengthened the other Day when the . Supreme court split 6-3 in the Case of new York v. Video. The majority a opinion. Written by Justice William Rehnquist was a Dandy but you have to wonder about the innocence a or naivete. Or intellectual chastity a of some of the other judges who ruled on the matter. The Case involved an investigation by the Erie county District attorneys office into pornography in the Buffalo area. As part of that investigation detective sergeant Vincent Costanza went to a shop called network video in the Village of Depew. There he rented several films. He delivered them to trooper David j. Groblewski who made notes prepared affidavits and obtained a warrant from a Justice of the new York supreme court authorizing their seizure. The officers affidavits were explicit. In each instance he defined the Quot theme conservative View James j Kilpatrick of the movie. He described specific acts a repeated acts a of Intercourse. Scene by scene the officer dealt with the skimpy plots and abundant eroticism of such cinematic gems As California Valley girls a Quot Debbie does Dallas and in Brief these were hardcore films. But when the Case came on for trial in the Depew Justice court the evidence was ordered suppressed. The Erie county court affirmed. Then the new York court of appeals affirmed. At All three Levels incredibly the judges found no Quot probable cause to believe that new Yorkus pornography Laws had been violated. The descriptions of the action had not been supplemented by a a references to the narrative or the scenes described in the affidavits May have been no More than a Catalon of offensive parts of the whole. Besides trooper Groblewski Quot obviously paid no attention to contemporary Community standards a and he had made no determination of the films a literary artistic political or scientific Justice Rehnquist would have none of that insipid reasoning Quot we think it Clear beyond peradventure that the warrant was supported by probable cause. The warrant was properly issued and the videocassettes of the five movies should not have been Justice Thurgood Marshall joined by William Brennan and John Paul Stevens dissented. Marshall did no to think the Issue was Quot Clear at All. A Mere Catalon of sex acts he said tells the court Little of the Overall literary or artistic value. A similar lists could readily be compiled by excerpting descriptions of scenes from books and movies having recognized Marshall thought the films described a could As Well be a the last tango in while descriptions of sex acts perv Ade the affidavits Quot it is hardly Clear that depictions of sex acts pervade the where has Marshall been for the past 19 years sitting in the High courts Marble towers that a where. Brennan has been snug in that cloistered cocoon for 30 years. Meanwhile the whole character of a a obscenity and a a pornography has changed. To suggest that a Debbie does Dallas Quot is in the same league with a the last tango in Paris is to equate tinware with Spode. Judges who engage in such Pedantic analysis of a probable cause Are Remote from the real world of honest cops and sordid porn. Obsessed with form they lose sight of substance. We have seen the same Lack of common sense in Many of the Miranda cases where solid evidence has been excluded on the most trivial pretexts. Maybe we ought to limit judges to Short terms on the Bench after All. To. Public forum 1 All mews must be signed. And Telephone nut Fri and Addrea aaa Given 2 letter Moat conform to atan Darda of flood taste and Legal strictures 3. They must be of general interest 4 they should be no longer then so Worflar 5. One letter per month per Miter a i All letters subject to editing and condensing 7 no poetry specific consumer complaint or letters to anyone other than the editor liability is now a laughing matter a woman psychic in Philadelphia sued Temple University Hospital in March claiming she underwent a cat scan that robbed her of her psychic Powers. So she sued. And the jury awarded her $988,000. President Reagan has proposed limits on liability insurance. It has become too easy for most juries to award astronomical amounts of Money to most any plaintiff assuming that a the big corporation can afford it or a the big insurance company will pay but corporations pass these enormous losses on to the customers and insurance companies pass them along to policy holders in the form of Paul Harvey news Paul Harvey increased premiums. The insurance Industry has suffered $25 billion in such losses rendering them completely unable to provide some kinds of insurance. The average medical malpractice award about $1 million is five times what it was to years ago. And the number of Federal product liability suits a somebody claiming a Mecha Nical malfunction or Bug Dodo in the Oatmeal a has increased 758 percent chief justic Warren Burger says our Justice system has been so misused that lawyers who should be a a healers have become a hired and even in criminal Justice a a life sentence almost never Means a a life anymore. According to burgers office More than half of All convicted murderers sentenced to a a life Are out of prison and Back on the Street within seven years. Eighteen percent of those sentenced to a a life Are out again within less than three years even 50 percent of All rapists serve less than four years robbers less than three arsonists and burglars fess than two. Heavy penalties in civil cases and Light penalties in criminal cases have As an unwritten formula tended to establish and perpetuate itself. M thus the courts have upset the checks and balances planned by the authors of our constitutions separation of Powers. They have become the most coercive and the least accountable of All branches of government Many recent judgments have been so ludicrous that a a jurisprudence has become laughable. And in a government of Laws the greatest problem is keeping from being laughed at

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