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Cedar Rapids Gazette (Newspaper) - June 18, 1974, Cedar Rapids, Iowa Diplo-taps, so what? Humdrum, expected Editorial Page Tuesday, June 18, 1974 Indian settlement issue THE SAC AND FOX tribal council on the Mesquakie Indian settlement in Tama county has raised an interesting legal question stemming from the June 4 primary election. Should the federal court order a belated primary election on the settlement grounds, since there was no polling place for eligible voters to cast ballots on the grounds June 4? Until this year eligible Indian voters cast ballots in three separate township polling places, the settlement lying in those three townships. But at the suggestion of Tama county Auditor Alvin Ohrt, the 1973-1974 legislature approved a law putting the settlement into one voting unit with a polling place to be set up on its grounds. Ohrt felt this would make it much easier for eligible Indians to vote. The polling place was to be set up in the settlement schoolhouse. But council spokesmen said the building would be in use election day, so there was no polling place on the settlement June 4. Nor was there official notice that the Indian voters could cast their ballots in their former polling places. According to the council’s suit filed in federal district court here, none of the eligible Indian voters cast a ballot June 4 in any one of those former polling places. Federal Judge McManus has issued a temporary injunction preventing certification of the Tama county vote until he hears the council’s case June 24, before deciding whether to order a special election on settlement grounds. The case is attracting nationwide attention, because a special election could decide the outcome of a close contest for the Democratic nomination for Third district congressman. Official county canvasses in the Third district show Stephen Rapp a 62-vote victor over Nicholas Johnson for the nomination. An estimated 300 of the nearly 600 Indians on the settlement are eligible to vote. There probably are enough Democrats among them to give Johnson the nomination if they all voted for him — which wouldn’t be likely. But that possibility exists and adds an element of suspense to the court case. Past records, such as they are, indicate that few Indians have voted in either party’s primary elections and that not a large number of them have voted in general elections. But it is also true that the percentage of the rest of us who vote in primary elections, especially, is nothing to write home about. All of which, incidentally, proves a point those concerned about voter-apathy in the United States have repeated many times in recent years: Nobody is much concerned about his right to vote until it is denied. Then, watch out. For bringing this matter to the court’s attention, the tribal council is to be commended. A decision soon could be most interesting and have far-reaching implications. Pretrial thumb-twiddle WHEN A writer to the People's forum recently cited doctors’ waiting-room tedium as one of life’s big annoyances, only one respondent followed up with further comments, and some other colossal wastes of time remained entirely forgotten. One of those deserves a timely turn at bat this season: the interminable waiting around required of virtually every person selected for jury duty. According to the Law Enforcement Administration, a typical court calls about 25 percent more jurors than are needed. “Jurors are forced to wait in the jury lounge through the entire afternoon even if their chance of being called for a voir dire is negligible,” says a recent LEA report. “Another frequent abuse is to call in all jurors to pick up their checks on the last day of the wecK, even though experience shows less than one-fifth of them will not be used that day.” Complaints heard locally from those tapped for jury service suggest that courts in Eastern Iowa play hob with jurors’ schedules about as cavalierly as those described in the LEA report. And, as it happens with medical patients fed-up with waiting-room vigils, prospective jurors are given to feel that the people in charge place minimum value on the juror’s time. Columnist Nicholas Von Hoffman argues that the waiting frustrates jurors more than the minuscule fees and financial loss. While delays in medical attention are usually beyond the doctor’s control, the administrators of courts have fewer excuses for the languid pace of jury selection. Since statistics show how many jurors are required for certain types of trials, it seems that courts could begin with fewer would-be jurors on hand and still pick competent panels. The inkling felt here is that courts cling to the molasses-slow trial format because it’s always been handled that way. The system ought to change. Does anybody care enough to help see that it does? Burial law bent? By Jack Anderson WASHINGTON - With actor Robert Redford as the chief pallbearer and TV cameras deployed to record the tender scene, the last remains of legendary mountain man and Indian fighter Jeremiah Johnson were laid to rest the other day at Old Trail Town. Wyo Warner Brothers, which is now massively promoting the Redford movie about Jeremiah Johnson, happily provided the TV networks with film clips. Thus, a nationwide television audience was treated to a Redford portrayal of the old Indian killer, as his moldy bones were lowered into their new grave. There was one problem, which was never mentioned in all the publicity. The removal of Jeremiah Johnson’s bones from a less glamorous veteran’s grave apparently was quite illegal The idea of relocating his mortal remains originated w ith some students at the Parkview junior high school in Uncaster, Calif., which is 50 miles by freeway from the Warner Bros. lot. They discovered that Jeremiah, whose real name was John Johnston, had been buried around the turn of the century in a Los Angeles veteran's plot. They decided that the old “liver eater,“ as he was knowq in the Wild West, would be happier buried among the mountains of Wyoming than the freeways of Los Angeles. The students presented their proposal to the Veterans Administration, which agreed to the transfer of Jeremiah s remains to the locale of his legendary exploits. Rufus Wilson, the VA cemetery boss, explained to us that the decision was “a real historic thing .” Allegations of commercialism, he said. were unfounded. The celebrated reburial was challenged, nevertheless, by Rep. John Melcher (I)-Mont ), who told us the justice department had informally advised hun that the project appeared to violate regulations. National cemetery regulations state that burials are deemed to be “permanent and final." Disinterment is allowed only for “cogent reasons," including a court order or the written consent of all close living relatives. After Melcher raised his objections, Wilson agreed to put a hold on the project. But the following day, he changed his mind and authorized the disinterment. He said the regulations had been incorrectly interpreted. Congressional experts fear the case could set a bad precedent. "Under (Wilson’s! interpretation of the rules,” said one aide, "the next thing we d expect the Chamber of Commerce of General Pershing’s hometown asking for his bones to be dug up ” Untied Feature Syndicate By C.L. Sulzberger NKW YORK — The real issue raised by Secretary Kissinger’s threat to resign was that of U. S. national security. What means, it is inferentially asked, can justifiably be used to insure that state secrets are not leaked at the expense of the nation's safety or at the risk of embarrassing relations with allies or negotiations with foreign governments? This is not the best of all worlds and considerably less pleasant and more dangerous than some 50 years ago. It is stuffed with dangerous devices that can burn up the planet’s surface or probe the innermost thoughts of its inhabitants. But there is no way of returning to the agreeable horse-and-buggy era. Therefore, it is naive to criticize Kissinger for associating himself with moves to check security leaks by electronic bugging and claim a predecessor like Charles Evans Hughes would never have dreamed of doing so. Apart from the fact that wiretapping was still in its fetal stage when Hughes was secretary (1921-25) this kind of supposition is about as helpful as speculating on how Robert E. Lee might have deployed tactical nuclear weapons. Wiretapping is an unpleasant facet of contemporary life and far less prevalent in Democratic countries than dictatorships. But it can be an effective way of safeguarding security. And although we People s forumNo zoning compulsion To the Editor: Recent statements by Mayor Donald Canney intimating a legal necessity for voting in favor of rezoning 22 acres commercial thus encouraging the construction of a gigantic shopping center on Cedar Rapids’ west side cannot be allowed to go unchallenged A search of legal records indicates that there has apparently been no adjudication of shopping center rezoning disputes in Iowa. Perhaps Mr. Canney was referring to cast's which center only on the question of rezoning and business competition. The courts have consistently ruled that cities cannot refuse to rezone solely on the basis that new business development will compete with existing establishments. However, the question before the council was not just that of business competition, it was a question of the structural development of this city, a policy decision Does Cedar Rapids want its central business district to be the major business center with smaller supportive shopping areas about the size of Lindale Plaza developed as growth provides a need, or does Cedar Rapids wish, in effect, to build a new "downtown” on its west edge? The courts have given cities wide discretion in policy decisions concerning growth and development. In fact, a city may go so far as to ban ALL commercial building outside of the downtown business district if it wishes the city to be structured thr way — see Forte v. Borough of Tenafly 106 N J. Super. 346 (1969). Perhaps a few sentences from the decision in Van Sicklen v. Browne 92 Cal. Rptr 790 (1971) will further illustrate my point: “. . . Planning and zoning ordinances traditionally seek to maintain property values, protect tax revenue, provide neighborhood social and economic stability, attract business and industry and encourage conditions which make a community a pleasant place to live and work. Whether these be classified as planning considerations’ or ‘economic considerations,’ we hold that so long as the primary purpose of the zoning ordinance is not to regulate economic competition, but to subserve a valid objective pursuant to a city’s policy powers, such ordinance is not invalid even though it might have an indirect effect on economic competition.’’ When will such considerations truly be applied in Cedar Rapids9 Dawn Chapman 2336 Linden drive SEStarvation To the Editor "Too many stomachs’’ (June 8) is an editorial that ignores some important historical facts Stating that Third World nations cannot continue clamoring for food if they do not take the responsibility for limiting their skyrocketing birth rates ignores the role that industrialized nations should actively take in reducing the incidence of starvation The rule9 In a world of human beings there is no justification for “have” na Bons to ignore the needs of "have-not" nations W hen others are starving or dying from disease4, whether in our country or another, we should respond generously and with foresight don’t like to talk about it, it bus for decades been the custom in the United States, Britain, France and other open societies. Some years ago. at a Paris dinner party, the head of French security told me with an amused look that all my telephones were bugged, both home and office I wasn’t angry but sympathized w ith the staff forced to listen regularly to my wife’s tri lingual conversations in a musical mixture of English, French and Greek Certain hotel suites in Washington, London and Paris are generally assumed to be tapped because they are so often assigned to important foreign visitors. Of course, in capitals like Moscow or Warsaw. even the most innocent traveler expects this. Embassies are often under electronic surveillance. Ambassador Henry Cabot Lodge once waved a well-bugged American seal from our Moscow embassy before the U. N. assembly. There is moralistic revulsion against these practices. Americans are familiar with the objections that cropped up here as a fallout of the Watergate affair. In France, also, there is an effort to get away from bugging. On May 29 President Valery Giscard d’Estaing announced he would do away with wire-tapping and destroy accumulated tapes. A system of listening-in, called “les tables d’ecoute,” had long been installed C. L. Sulzberger in Paris, based in that grand old building of Louis XIV, the Invalides. Theoretically no one could bt' tapped without specific authority from the prime minister; in fact the program was operated pretty well on its own by an interdepartmental group including police, military, espionage and security services I personally think It highly improbable that Giscard will be able to eliminate the system, although perhaps he can restrict its employment. That, one may hope, will also be one consequence in the United States of the present bugging furor. But, that Kissinger and other officials of the executive branch — especially those concerned with foreign and defense policies — should have been disturbed by leaks of secret information that could jeopardize our relations abroad, is neither startling nor ignoble. The pleasant Wilsonian assumption that open covenants should be openly arrived at, is plain day-dreaming. The United States seeks open covenants secretly arrived at and I think this is an effective method of negotiating. The other fellow wouldn’t negotiate lf all his moves were publicised ss they occ urred. Not all nations dream our moralistic dreams. Kissinger, I believe, was mistaken to react so heatedly and quickly to sour press questioning after his astonishing truce-making between Syria and Israel. Moreover, he was mistaken to react in Salzburg. It is sound practice for American officials to limit their comments on current IJ. S. affairs when they are out of the country. The secretary was obviously fatigued by his endeavors for peace, and fatigue is not always a sage counselor. Yet the essential question raised is not something out of a primitive morality play. Kissinger would be remiss in his duties if he did not attempt to clamp down on leaks endangering the United States or its search for international detente — through the SALT talks with Russia, in the instance of the leaks and buggings now being questioned. One can only thank the country’s lucky star that sufficient senators of open mind and good judgment, wise enough to acknowledge the secretary’s remarkable talent, have already rallied to grant him their confidence. Now, the less the incident is batted about, except in the due and proper course of legislative investigation requested by Kissinger, the better. Least said soonest mended. New York Times Service -Jg ■ NxS*. HOW LiMrt/. This little pig went to market... In the early ’50s, India, well aware of her unmanageable population growth, asked the U. S. to help set up family planning programs to help reduce family size, starvation and suffering. We refused. President Eisenhower discarded the Draper Report, a study paper by concerned Americans which urged that the U. S. help Third World nations stabilize their growing populations so these countries could feed and advance their citizens. We refused because of the loud, angry cries of some religious groups — most notably the Catholic Church. Not until President Kennedy was the Draper Report retrieved and acted upon. So, before we blame too harshly the traditions or ignorance of Third World countries for their overpopulation crises, let us be sure we haven’t hindered their progress by our own misguided morality or short-sightedness. Christy Smith HK)I First avenue SWAwakener To the Editor: A lot of people who believe this Watergate thing is such a shame and so terrible should look at it as a good thing. Everyone should know that the big percentage of politicians is a little bendy (Demos and Repubs alike). I voted for Mr Nixon because he seemed to be the best bet at the time. So now he’s a good horse gone limpy. He may not go down in history as the greatest President, but he has earned title as the Duke of Lunch Meat (Baloney), and Big Ben no longer is the big awakener. The big Watergate woke up more people from every nook and cranny of the earth than any clock in history. Larry Burns 2925 Johnson avenue NW Shockley, Skinner both grate Outrages over man’s nature By William F. Buckley, jr. A CONTACT with Dr. William Shockley serves to remind one how ill-poised the academic community is to cope with its own. First they tell you that the colleges are havens for all ideas, that no one has anything to fear in the open society because we shall seek the truth and endure the consequences. Then along comes someone like Dr Shockley, whose ideas grate on fashionable sensibilities, and the academic community makes a fwd of itself by its own standards Meanwhile, the same community that deplores Dr. Shockley, who is merely an inventive dilettante playing chess with genetics, listens with great respect to Dr B. F. Skinner who, if his notions about the nature of man were ever believed, would make Dr Shockley the Mr Nice-Guy of the academic season I do not suggest that Dr Shockley is Insights Mediocrity knows nothing higher than itself, but talent recognizes genius Arthur Co nan Doyle harmless. He is in two senses harmful. First, he is a live carrier of scientific hubris. Second, his palaver encourages an Archie Bunkerite racial invidiousness. The same data that can cause Bunker to glow with feelings of racial superiority would be dismissed by such as Professor Ernest van den Haag — as irrelevant. To begin with, Dr Shockley doesn’t believe in gas chambers for blacks That will terribly disappoint a significant number of young gentlemen in Yale, NYU, and Stanford, and I apologize for my role as dehobgoblinizer. It is true that sometimes he talks unguardedly about what "should be,” and one remembers that desiderata are the seedbeds of totalitarian political movements. But even when Shockley is talking about what should tie, it is. as stated, race-free. "Restrictions should be placed," he has written, "on the basis of sound genetics without regard to income, class, race, religion.or national origin. The breeding of good genetic material, whether the people are rich or poor, is desirable We want more Lincolns, not fewer ” That is Shock ley ism. And that, built on loose data suggesting that in IQ tests measured by Professor Arthur Jensen, Negroes tend to score a few points behind whites, has led to Shockley's doctrine of "dysgenics " Dysgemcs, he explains, is “retrogressive evolution through the disproportionate reproduction of the genetically disadvantaged ” Spread out, this says: (a) poor people have more children than nonpoor people, (b) there are fewer bright people among poor people than among nonpoor people; therefore (c) the state should try to persuade poor nonbright people to have fewer children. Persuade? Exactly. Shockley proposes cash incentives for voluntary sterilization. One thousand bucks for each IQ point below IOO if you will submit to sterilization. What’s wrong with that? It is hard to begin any discussion with rationalists, because there are no reciprocating gears. One might point out that in fact Mr. and Mrs. Lincoln didn t beget any Lincolns, whereas Mr. and Mrs. Carver begat George Washington Or one might point out that the economic movement of the last decade among Negroes toward economic self-sufficiency is more marked than among whites. Or that, on the whole, bright people have caused the world a lot more trouble than dumb people. Or that the techniques of birth control are rapidly becoming known even among the ignorant, and still surer techniques are on the verge of discovery. And so on But meanwhile, how would the country look if everyone had the IQ of, say, a Yale student? Or a Yale president? It is by such as them that the distinctions are regularly blurred: Shockley, who should be condescended to, is shouted down, and his hosts are likened to the mob Skinner, who should be feared as the dominant contemporary spirit in the movement to dehumanize man. is received fawningly Poor Shockley He would probably be treated more sensibly und with more dignity by illiterate blacks in the Alabama countryside, who in their own way huve tamed George Wallace. Wilthlnulon Ma* Syndic ut* t f ;

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