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Lethbridge Herald, The (Newspaper) - December 14, 1971, Lethbridge, Alberta 4 THE LETHBRIDCE HERALD Tuciiloy, December 14, 1971 Another blood bath? capitulation of East Pakistan may rame at any hour. It may be a fait' accompli by the time this edi- torial is published. The question is what? Bangla IJcsh is already rec- ognized as a separate state by In- dia, and recognition by the Soviet Union can also be expected. India lias indicated that it is prepared to send in civilian administrators, in- cluding police, to help give the new regime "an aura of respectability." Indian army troops, with the help of the Mukti J5ahini guerrillas will al- templ to establish law and order. In other words there will have to be a military occupation until a civil gov- ernment can be established and that could take a very long time. Can Mrs. Gandhi he certain thai (ho Mukti Bahini. and her own occu- pation army will not condone reprisal against East Pakistani Moslems? Is there any assurance that there will not he another blood bath as the Pakistani soldiers de- part? China has already said that it '-won't permit'' a military occupa- tion of East Pakistan, according to "informed diplomatic sources." There is indication that the Chi- nese intend to support and supply guerrilla forces "which could turn Kast Pakistan into an Indian-style Vietnam." There may be some hope of settle- ment of this dreadful war, if Presi- dent Yahva Khan, accepts the seces- sion of 'East Pakistan, and with- draws his troops in the West, pre- venting further hostilities there. Mrs. Gandhi could then bring her military forces home from the West- ern front. If President Yahya could also be induced to release the Bangla Dcsh leader. Sheikh Mujibur Rahman, the process of setting up a civilian government in the Kast could be accelerated. But a lot of water will flow under the bridge before such hopes be- come a reality and that water will be colored with the blood of thousands of innocents on both sides of the disputed territory. More Jews leave Russia i During the visit of Premier Alexei Kosygin to Canada, there were dem- onstrations by Jews in almost every city he visited demanding a more relaxed emigration policy for Rus- sian .lews. French demonstrators gave Soviet party secretary Brexhncv a similar impression when he visited Paris. In the week following the return of Mr. Kosygin and Mr. Brezhnev to the Soviet Union 300 exit permits were given to Jews wishing to emi- grate. Although precise information is not available, semi-official sources indicated that emigration could reach this year. The most significant aspect of tiic emigration permits ex- tended in recent tours is that several of the documents have been issued to professional people like the sur- geon I. Nudeiman who has been ac- tive in the protest movement. An en- gineer and a movie director have also been given permission to leave. Remembering Mr. Kosygin's re- marks in Canada, when he indicated that people in the highly trained cate- gory would not be allowed to go. this seems to be a slight reversal policy. In the light of these events there seems to be some reason to believe that a more moderate attitude in re- gard to Jewish emigration has been adopted. Of. course it could change at any time, but at the moment it seems that Russian leaders have not been impervious to criticism that is all for the good. Drawing conclusions Ordinarily space would not be pro- vided for two commentaries on the same subject as is the case in this page today. Indeed, the issue being strictly one of internal U.S. politics it is not likely Iliat any space at nil would have been devoted lo it if the two pieces had not arrived by chance in the same mail. The matter about which the two columnists have written is no long- er an issue. President Xixon's nom- ination of Mr. Rehnquist has sub- sequently been ratified. The col- umns are being published for Iheir inherent interest. It is not often that readers have the opportunity to see so clearly how the selection of a premise the role of the U.K. Supreme Court in this in- stance can result in the reaching of opposing conclusions. This is even more interesting when the two col- umnists are generally considered to share a similar liberal viewpoint. T1 nrrelly Mother By Margaret HE trouble with being absent-minded Squ is that it so often backfires. The other evening for instance, as I went about doing a little housework while keeping an eye on supper, my mind was preoccupied with Christmas details EO I performed my chores automatically. Too automatically and too absently as it turned out. I put the potatoes I wanted to bake in the linen cupboard, then went to the basement to do some ironing. When I discovered the oven empty an hour later I was a little perturbed. Then, acknowleding an error somewhere, I skulked around the house quietly on my own little treasure hunt, in an attempt to find the missing taters. I didn't want my family to share in my problem as they are well aware of my frequent absence-of-mind, and would have given me a bad time. I had no idea where I'd put the darned things, so when a hasty and fruitless search did not uncover them I quickly sloshed tip some instant mashed. Later, when I was putliir.; .'ay clean pillow- cases, there they v.cre. all washed and scrubbed, their eyes staring at me re- proachfully from a bed of guest towels. Admittedly I hnve always been a some- what vague person when I'm not really concentrating with all my might, on what I'm doing. Years ago, long after we were finished producing a baby every other year, my Dad gave me an awful turn once when we were visiting him, and for a time T vowed to overcome my habitual day- dreaming attitude. Dad was well into his 80s then and haling suffered a stroke, had become rather confused, poor dear. After chatting with him for a half hour or so he glanced around at our children then .said, "whcrc's Ihe My heart sank as I thought in a panic, ''great heavens. I've come away and forgot- ten Ihe but if was only a mo- mentarv flash of absent-mindedness. Luckhurst Quickly I counted five children grouped nearby, and sighed with relief I knew we had five. "Sorry Dad." I explained, "we're fresh out of babies this year.'1 Nevertheless this little incident quite un- settled me. I've found that my longest periods of wool-gathering occur during the Christmas season when there are so many things to think of. Just in our immediate family there are an even dozen to shop for and I have a terrible habit of hiding little gifts away and forgetting them. Last spring while I was doing my fall cleaning I came across a pair of mittens and some make- up I unearthed under papers in a drawer where they'd been hidden from our nosey daughter during the pre-Chrislmas rush. A little later I discovered a record I had bought for our grown son at a December sale. It was subtly hidden under a pile of ladies magazines lying right there in the playroom. I knew he'd never lift one of those up trouble was, I didn't either until moved by a burst of cleaning spirit. I suppose if I'd hidden thenT under Sports Illustrated or Playboy he'd have come across it in no lime, but we don't have these magazines around so my secret was six months. This Christmas I've changed tactics. I'm nci hiding things here and there like a busy squirrel; indeed squirrels would soon starve to death if they were as forgetful of their hiding places as I am. -But I've got a new system I think will work. I'm hiding everything in the closet where the vacuum cleaner reposes. Everyone hates vacuuming in our house, so there's not a chance in II .e world Hint the door of that closet will be opened by anyone but my- self prior to Christmas. Of course if I for- get to vacuum until after the holocaust on Christmas morning (hen I'll be in trouble. Rut at least these items won't be lost to ir.c for tnnnlhs at a time so it's an experi- ment trying. II might even work. Hoi I if) for cool day a By Dung Walker T that. most, sensible people have bounces, .some kind of magic lurks slowed their golfing gear by iv.'.v but over the Henderson Like golf com so. How I'm Mill al il between .snowfalls 1 need else would anyone explain me hnving Iwu all Ihe practice I can get. H liad lo say successive Ill-hole rounds with sub-bun- (hat ahead of all Ihe guys who have hail dreil scores of tin and ffi'.' the misfortune of playinn with n.e.) u, see Hie Despite Ihe additional handicaps of bulky crowded as smm as the suuw dis- swcaler, cold hands, uinler preens and again. "You've got to hand it to the kid, Uncle Louis he's got what it takes to be a real ace." Opposing views on Rehnquist for court Pro Joseph Kraft WASHINGTON Justice Holmes, on being asked what he thought of the intel- lectual abilities of another judge, once replied: "I never thouglit of him in that connec- tion." And there lies the nub of the powerful, positive case that can be made for Senate confir- mation of President Nixon's latest nominee for the Supreme Court, William Rehnquist. For years now hardly any- body has thought of the Su- preme Court as performing an intellectual function. Mr. Rehn- tjuist, far more than any other recent nominee, has the calibre to restore intellectual distinc- tion to the Court. And that con- tribution far outweighs the damage that right-wing politi- cal leanings could do. To understand why, it is ne- cessary to say a word about the role of the court in the country. The country is domin- ated by the zillion and one daily actions of an energetic popula- tion largely unconstrained in its capacity to buy and sell, move and dream, educate and obscure, build and tear down. Given the nearly universal disposition toward almost con- stant action, it is ludicrous to think of tyranny being imposed on this country from above by WASHINGTON William Relmquist nears confir- mation to a seat on the United States Supreme Court because dozens of Senators abdicated their responsibility. Many liberal Republican Sen- ators chose to risk grave dam- aqe to the nation rather than embarrass their president again. It has become clearer by the day that Itehnquist's views of th> Constitution and the Bill of Rights are so contrary to the mainstream of American opin- ion that, as a justice, he would constitute a threat to millions cf Americans. some establishment eager to freeze the status quo or turn back the clock. As Federalists, robber barons, progressives, and New Dealers have a 11 learned to their cost, the Am- erican system eats up such wonld-be establishments every day. The United States is a populist country. The central political problem of a populist country is to pre- serve some modicum of elite, values respect for achieve- ment; toleration for difference of outlook; regularity of pro- cedure. Partly by original de- sign, but even more by fho chance accretions of history, the Supreme Court has come to be the defender of those values the elitist institution in a populist country. Its membership is small and unrepresentative. It is in- sulated against gusts of mass opinion by responsibility to a document held to be almost sacred in character the Con- stitution. And it is traditionally supposed to reach decision not by wilful expression of per- sonal preference, but by a more neutral process of rea- soned argument from prece- dent, common law and the Constitution. Unfortunately for the Court, certain political decisions were thrust upon it by the deadlock that developed between execu- tive and legislature during the post-war period. In the fields of civil rights and legislative re- apportionment, the Court felt obliged understandably con- sidering that all other ave- nues seemed closed to make rulings that might much more appropriately have been the work of the president and the Congress. In Hie heady atmosphere en- gendered by those decisions, the Court headed by Chief Jus- lice Earl Warren became rc- sult-oricnled. In case after case, it was increasingly hard to discover the inner logic of decision-making. Blacks seem- ed to he favored because they were blacks, baseball because it was a good clean American sport, anti-trust plaintiffs be- cause they were against eco- nomic monsters. The rationale given for reapportionment eventually became not a thought process but a "One man, one vote." President Nixon's efforts to correct the imblance have been fumbling to the point of casting doubt on the sincerity of his claim to want "strict constructionists." His preferred Con Carl Rowan candidates have been rigjlil- wingers, so little distinguished that the Senate and the Ameri- can Bar Association have con- strained him to throw them back in the pond. He has been able to win confirmation only for ordinary middle-of-the- roaders, not notably different in outlook or acumen from the Justices of the Warren Court. Mr. Rehnquist is something else. He has not shown sen- sitivity to the needs of people in Ironble, and he has said some hardline and to me silly-sounding things about Ihc influence of Supreme Court clerks am! I he softness o[ Judges towards communism. S'ome of these comments may be what ambitious juniors are required to say in order to get ahead in the Republican party of Barry Goldwaler and the justice department of John Mitchell. Still, I suppose they represent a genuine right-wing conviction. But Mr. Rehnquist also has a mind of the highest candle- power. His comments in the Judiciary Committee hearings have been unfailingly lucid and discriminating. He has been "hesitant" a favorite word unsure of the fine de- tails of a problem. f majority of the faculty at the University of Wisconsin law school opposes him because "his long-held views on civil rights and civil liberties are in basic respects contrary to the Supreme Court's." Twenty members of the Har- vard law school faculty opposa him because lie is inclined to be "deferential" to established power while undervaluing the rights of America's disadvan- taged. Sen. Hubert H. Humphrey says: "Tire law is the only ef- fective weapon that can secure equal rights for all Americans. 1 find in Mr. Rchnquist's inter- Losing taste for life By Don Oakley, NBA service rpHERE is no reason why Ihe life of a human being could not be extended to 150 or even 200 years, says a promi- nent Soviet scientist. The key to understanding and ultimately controlling aging is to learn more about the chem- istry of cells, the building blocks of life, according to Dr. Vselolod Ycnalycv, dean of Ihe faculty of chemistry at Donetsk Stale University in Ihe Ukraine. Interviewed (hiring a recent visisl to the Universily of Ak- ron, Ycnalyev prcdicled that the secret of prolonging like would be found "in our life- (Ycnalyev is 'ID.) By inlcresling coincidence, a few weeks laid1 another promi- nent Soviet scientist warned of Ihe growing Ihreal lo civiliza- tion in the increase in wealth ar.d leisure time. The technological rcvolulioii has already produced signs of social decay in highly devel- oped capitalist countries, says famed physicist Peter KapiUa. He goes so far as to suggest I hat not even the Soviet Union will be immune to the process. "Young people, not having to fear for tomorrow, lack the ne- cessity to fight for their exist- ence and this gives rise lo a situation in which they face no problems that require their strength and he says. "All this, taken together, de- prives the life of young pcoplo nf any permanent inner sub- stance." Thus, says Kapit-sa, Ihey have turned to sex, narcotics and cheap entertainment to keep busy. 11 would he ironic if just when science was on the verge of discovering Ihe fountain of youth (or of postponed semi- the gcnerlion which slnod lo benefit the most from il lost its tasle for living at the ripe old nee of 25 or 30. pretation of the law a total un- willingness to use it for these ends." Newsweek magazine has pub- lished a memorandum written by Rehnquist when ho was a 28-year-old law clerk to Justice Robert H. Jackson, urging that the Supreme Court not over- turn the separate-but-equal doctrine. Was this just a mistake made at a time v.lien racial segrega- tion was favored by millions of Americans? No. Jackson and the entire Supreme Court voted opposite lo Rchnquist's views and out- lawed Jim Crow in But 10 years later Rehnquist was still arguing for segregation, oppos- ing an ordinance that would give Phoenix, Ariz., citizens equal access to public accom- modations, regardless of race. Still two years later he was opposing elements of a mode! slate civil rights law. And even a year later, in he wrote a public letter assert- ing "we no more de- dicated to an 'integrated' so- ciety than to a 'segregated1 so- ciety." Humphrey nolcs that "Rchn- quist was given several oppor- tunities by Sen. (Birch) Bayh to disassociate himself from this philosophy during the Ju- diciary Committee's hearings. lie did not do so." The alarm finally began lo spread o'-er Rchnquist's ten- dency to construe individual rights in the narrowest, fnshion, over his broad defence of Iho executive branch's right lo con- duct surveillance and wiretap- ping at Ihe expense of indivi- dual freedom, over his willing- ness lo ignore the Constitu- tional principle of checks and balances. The Senate slKmld have been insulted that il: was told it couldn't even make Rehnquist spell out his personal views on these issues because the Ad- ministration invoked a protec- tive gimmick of claiming a "lawyer-client" relationship be- tween Rehnquist and the presi- dent. As assistanl attorney general, Rehnquist was the ar- chitect and-or mouthpiece for many administration policies that ran roughshod over Con- stitutional protections. A lot of Senators have been slow to warm up to the fight over Rehnquist. They have lan- guished behind the incredible assumption that a nominee can be rejected if he appears dumb, of bad character, or was in- Even one of his staunchest opponents, Sen. Edward Ken- nedy, described him as "a man with a quick, sharp intellect, who quotes Byron, Burke, and Tennyson, who never splits an infinitive, who uses the sub- junctive at least once in every speech, who cringes when he sees an English word created from a Greek prefix and a Latin suffix." Only it happens thai the qualities that Sen. Kennedy is pleased to dismiss so crudely express a critical aspect of the Court's present work. The Court does not now need more liberals, more conservatives, or more m i d d 1 e-of-the-roaders. There are enough of those to assure that nothing drastic is going to happen in civil rights or criminal law. What the Court needs is more brains. Mr. Rehnquist has them more abundantly per- haps than any present mem- ber. And by uplifting the qual- ity of the Court in general, he will do far more lhan any par- ticular decision in any particu- lar case can do to advance the values thoughtful men hold dear. (Field Enterprises, Inc.) volved in a conflict of in- terest, but that his philosophy is no cause for rejection, how- inimical to the national in- terest it may be. If a president can nominate a man because of his philoso- phy, a responsible Senate may refuse to consent for the same reason. William Rchnquisl's past in- dicates clearly thai what he stands for is not strict con- struction of the Constitution; it is quick destruction of the Bill of Righls. A lot of Senators may rue the day that Rehnquist won confir- mation because they were too indifferent or timid to stand up. (Field Enterprises, Inc.) Looking backward Through The Herald Advertisement: Gait Coal. 2 ton lots at per ton, Pony Express Phone 6.12, 1021 To Ihe series of hold- ups in the cily another lias been added. A farmer from Barons was held at gun point while two men took the sum of 19.11 Raymond Union Jacks had little difficulty overwhelm- ing Ihc Calgary Moose Domcrs in a featureless hoop battle in the opera In view of the advent of tile United States into war, special prayers and lessons as well as the American National Anthem Ihc services at St. An Anglican church. 1951 One ''bridge's most popular i llrs. Percy Culls Carollci IP be featured at the Annual Itolary Club Christmas Carol Festival. The Lethbvidge Herald 504 7th St. S., Lclhbridge, Alberta LETHBRIDGE HERALD CO. LTD., Proprietors and Publisher! Published 1003 lOnl, by Hon. W, A. BUCHANAN Spcontl Class M.llt No. 001! Mfmhnr of Thp C.infltiifin nnci ?JIP Oinnoir.n Daily Newspajw Publishers' Assncifllicn flnil Iho Audit Rurfmj nf ClrculfltionJ CLEO W. MOWERS, (Editor and Publisher THOMAS H. ADAMS, General Manner JOE: BAl LA WILLIAM MAY Mnnflglnci Editor Attociflte Editor ROY'F MILEi DOUGLAS K. WALKER Advertising Manager Editorial Paoa Editor "THE HERALD SERVES THE SOUTH" ;