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Lethbridge Herald, The (Newspaper) - February 16, 1971, Lethbridge, Alberta 4 THE UTHUIDCE HERALD Tuttday, ftbruary 16, 1571 Maurice Western Canadian justice Mr. Justice Roger Ouimet's quash- ing of charges of seditious conspir- acy in the trial of Quebec persons accused of advocating the overthrow of governments is a reassuring thing. It indicates that justice is the uppermost consideration in Cana- dian courts. The quashing of the charges says nothing regarding the guilt or inno- cence of the accused. What Mr. Jus- tice Ouimet decided was that the wording of the charge was faulty. This clearly demonstrates that the judge has taken a dispassionate look at the case. He cannot be accused of being on the side of the prosecu- tion. Many anti establishment people take it for granted that there is no such thing as justice to be had in the courts. The example of the judges in some recent American conspiracy trials unfortunately has tended to deepen the suspicion that justice is not to be expected by dissenters and critics of the social order. Perhaps the quashing of the charges will have no effect on the attitudes of the accused who still face other charges. But it should al- lay the fears that thoughtful people throughout the country might have had that the climate in Quebec m> i'it have prevented the normal function- ing of the courts in dispensing jus- tice. There is not the slightest doubt that the trials in Quebec are crucial for the future of that province and for the country. It would be disastrous if real justice were not evident be- cause that could inflame the already existing unrest. A signal has been given that every effort will be made to be fair. The applause in the courtroom indicated recognition of that fact. Assaulting the insensitive Playboy magazine's February is- sue features a remarkable interview with Tom Murton, an outspoken pris- on reform crusader. What he says about the Arkansas penal system and the people who have prevented its reform ought to make the people of that state very uncomfortable. It is hard to believe that prison conditions in chis part of the world could be so barbaric. While prison conditions in Canada must generally be far better than those described by Mr. Murton, it is not improbable that some of the same undesirable influences are distilled in our institutions. Indeed the seeming incapacity of p r i s o n systems any- where to be anything but retributive is leading more and more people to Murton's view that everything pos- sible should be done to keep law- breakers out of prison. Murton doesn't say anything new when he contends that the law treats the rich and the poor differently, with the rich lawbreakers going on proba- tion and the poor being consigned to prison. He does, however, state rath- er well what should follow from the awareness of this fact. "I'm not sug- he says, "that the rich should have imposed upon them the system that the poor have. I'm sug- gesting that the rich could share with the poor their method of escaping the criminal justice system, because in many cases these informal sys- tems seem to work so that there is no recidivism." The new bail bond legislation in Canada seems aimed to accomplish the thing noted by Murton. It is one of a number of indications that an at- tempt is being made to keep as many people out of prisons as possible. An- other, now in effect in Alberta, is that which makes it possible not to charge a person for drunkenness. Keeping people out of prison is an objective so different from what has prevailed that there is consider- able resistance to it. In order to con- vince the reluctant, an educational job is required. Playboy magazine serves some rather dubious ends so far as its critics are but even though its clientele seems to be limited it may accomplish a good deal with the publication of the interview with prison reformer Tom Murton. The affluent who are the chief readers of this consumer-orient- ed publication have generally been insensitive to the disparities in the justice system. Their indifference needs to be assaulted. The newspaper idll survive By Clayton Kirkpatrick, Editor, Chicago Tribune T FOR ONE, firmly believe that the flew across the great space void between newspaner will survive indefinitely. Earth and the Moon. Sure, a lot of read- newspap The form may change, but the freshly printed word delivered daily in a form that can be physically possessed will persist. The transient sights and sounds of radio and TV will not supplant it. The intro- spective magazines will not render it obso- lete. Computers cannot substitute for liv- ing writers and photographers and editors. Pencils, notebooks, maybe even type- writers, will escape history's scrap heap. This confidence has been reinforced by the record newspapers made in reporting the greatest human achievement in this century or almost any other century since the dawn of history: the flight of Apollo 11 and the exploration of the Moon. No matter how you slice it, American newspapers did well with this story. The performance, in the face of all-out compe- tition, demonstrated that there is a need for and eager market for our prod- uct. Let me start with the paper I know best, the Chicago Tribune. The really impressive figures came on J'Dnday, July 21, the morning after the walk on the Moon. On this day our cir- culation jumped more than copies. We were totally sold out and for days af- terward we were importuned for copies of this issue. This happened in spite of the more than 30 hours of TV coverage on the events we were describing hours after the event. All we had was the news that television hcl exploited completely hours before, but there were thousands many of them not our regular readers who wanted the news in print, on paper, with pictures, in- terpreted by experts, so that they could study it, analyze it, and preserve it. This was the appeal. Television did not kill the story for us in Chicago, and. I discovered, the expen- ence was similar in eight other major cities. What conclusions tan we draw from this? Here are a tew: 1. News is the most appealing and mar- ketable commodity we can offer in a newspaper. It has been widely accepted that TV is forcing us to features, to inter- pretation, backgrounders, personal essays, and the effusions of experts who introduce, csch subject v.ith variations on the theme: "Now let me tell you what. I think.'' If something has happened, our readers want a straightaway account of it. It is not enough ID provide merely a gloss on a TV report we they have seen. J.ome of ttlL- laM.'iuating reading that (aim: oat of tix; Apollo H mission uas simply the transcript of the words that New approach to amending formula The prime minis- ter, in a mood of some elation, described the progress in the constitutional conference as a "break-through." Other participants were less notably optimistic. Any appraisal must be tentative at this stage. In 1964, according to the of- ficial paper published by the late Guy Favreau, a confer- ence of attorneys general "un- animously recommended" an amending procedure to the con- ference of first ministers "which, in turn, unanimously accepted it." This was in fact a draft bill in a form to be submitted to the legislatures concerned. The language of the latest communique is very different. It says that the conference has considered "the nature of the formula which should be adopt- it adds: "the first minis- ters agreed that the following formula was a feasible ap- proach." Also to be noted is a qualification in the introduc- tory paragraph: "however, the first ministers reserved their right to further analyze all the ers heard it, but they wanted to read the words, analyze them, maybe memorize them, maybe cut them out and paste them up. And so we had better give them what they want, not some substitute cooked up because we think TV and radio have beat us to the punch. 2. Supplemental reporting is important. It is vital to provide special treatment as well as straight news on major news events. We are dealing with much more sophisticated readers than we have known in the past. They are better educated, more aware of the world, more interested, more involved. So we have to tell the story and then we have to enrich it with the expert backgrounders, and as often as we can with color. Color photography added immensely to the appeal which helped to spur sales of each of the news- papers included in the survey. 3. The competition is keen. News has become sucli a prize commodity that newspapers have lost what was once a monopoly in merchandizing it. In major cities there now are radio stations devoting nearly their entire broadcasting cycle to news. Ths news magazines have struck it rich with news. The lesson we can draw from this is not that the newspapers must face a losing battle against technically superior oppo- nents, but that we have such an attractive commodity 'o offer our readers that we shall fail only if we neglect to improve our opportunities. Apollo 11 was an opportu- nity and it proved newspapers can hold their own against all competition. The written news has a special power and appeal. I am not a psychologist, but I think the written word finds its target in the intellect. It has its greatest effect upon the rational faculties of man, rather than upon his emotioal faculties. The spoken v-ords of bro.ulcasting, (lie vivid and im- mediate images of television have power- ful effects, but they are colored by the senses and they have tht-ir strongest im- pact upon the emotions. They have impact but they lack permanence. There is in the written word. When you really want the message, what rio you say? "Put it in or "Give mf 3 ir.omn." that's what you say. And that is what a newspaper does. And when it does it vividly, briefly, clearly, di- rectly, conveying ideas illuminated by in- tellect, nothing can surpass it. For imprcs- .sion.s, for "motions, for .sentiment, the >pnkrn v.nrcl tlir living image may he mure rficcthc communication. For kno.'.l- infnrmaiiim, ideas, Hie written word i.s supreme. juridical and other implica- tions." Thus a process has been started; a "feasible approach" indicated. But the conference has not yet attained the point reached in Ocober 1964 when it appeared quite wronglv as events proved that, with 11 governments in agreement, the way was clear for patriaiion of the constitution. Most of the reservations voiced in the wake of the con- ference originate in fresh doubts about the attitude of Cnebec. Mr. Bourassa sought as other participants und stood him to link agreement on an amending formula to the achievement by his province of complete jurisdictic'i over so- cial policies. This was unac- ceptable to other premiers led by Ross Thatcher because it would greatly weaken the power of the central govern- ment to control the economy. It is also difficult to reconcile with earlier positions of Mr. Trudeau developed at a time, admittedly, when less was known in detail about the Que- bec plan. Nothing is said about a pack- age deal in the agreed com- munique. But neither has the "feasible approach" been ac- cepted a verb which seems to have been carefully avoided. On the other hand, the section on social policy concludes with two significant sentences. "Quebec emphasized the fact that the existing distribution of legislative powers cannot be maintained if it impedes the realization of that elective. (A global, integrated social and income security policv.) In ad- dition, Quebec considers that the question of social policy is a fundamental element of con- stitutional revision as a whole." This is almost bound to sug- gest that a disagreement has been papered over. The im- pression left on one, very keen- minded participant was that Mr. Bourassa, for whatever reasons, had succeeded in keeping his options open. It may be fair to conclude from this that an amending formula, operative in Canada, is not one of the higher priori- ties of the Quebec government. No doubt, this could also be said of some other provinces. Certain of them, however, have agreed to a formula which they do not much like, primarily for reasons of the national interest; in other words because they are anx- ious to realize a constitution which will command more sup- port in Quebec. There is something to be said for the formula in any case. At present, due to the weak- ness of successive federal gov- ernments, most constitutional changes are dependent on the convention that calls for gen- eral provincial approval. Given this reality, which is not based on the British North America Act, even a veto-ridden for- mula is doubtless an improve- ment. The new approach, in con- trast to Fulton-Favreau, con- tains no section on the> delega- tion of powers. This was de- fended earlier as partial com- pensation for the rigidities of the amending formula. It was subjected to severe criticism, however, by various constitu- tionalists and was brought under rather withering attack by no less an authority tnan "Follow me, men, I know a short-cut out of Vietnam! Mr. Trudeau at the recent Lib- eral convention. On the other hand, the present "feasible" approach in- troduces certain classifications which may appear invidious, especially in the Western prov- inces. According to the old Ful- ton-Favreau rule, most amend- ments required consent by the legislatures of two-thirds of the provinces (this meant seven) with 50 per cent of the popula- tion. Six will now suffice but a regional veto has been Intro- duced which means that not all provinces will enjoy equal status. Ontario, as a single province, wi'l have a regional veto. So will Quebec. So. in the course of time will British Columbia. (So in theory may others but not in the forseeablc future.) For the present, things will be different. West of Ontario (and east of Quebec) it will take two to veto. In the West, one of the two must be British Columbia; otherwise there must be three. These provinces have been partially Fulton- Favreauized "since the intro- duction of the SO per cent pop- ulation rule on a regional basis has been deemed necessary for the appeasement of Mr. W. A. C. Bennett. It is important to note, bow- ever, that the attention of the constitutional conference was by no means solely centred on the amending formula. The accord on entrenchment of basic political rights is a clear words used, significantly, are "it was agreed." The section on lan- guage rights is in the same category although Quebec, rather strangely considering the history of the matter, "lodged a general reservation in regard to school arrange- pending an examina- tion, of all the implications." Obviously the federal gov- ernment has also found gen- eral agreement for its pro- posals on tjie Supreme Court which, at earlier conferences were attacked bitterly by Que- bec representatives. Some dif- ficulties may remain; the com- munique observes rather vaguely that "while the federal government should retain the power of appointment to the court, the constitution should recognize the importance of provincial participation in the process of selection of suitable candidates for appointment." It is not clear how this is to be achieved. But at least the principles of entrenchment and of federal appointment now seem to be accepted and there is no longer the ominous de- mand for a separate constitu- tional court which in effect would arbitrate instead of handing down judicial deci- sions. (Herald Ottawa Bureau) Dave Humphreys Rolls-Royce collapse staggering blow to Britain T ONDON The incredible story of the Rolls-Royce collapse may be a great na- tional tragedy for Britain, as all parties have been claiming. But that has not prevented an absolutely ruthless and politi- cal reaction from the govern- ment. The state of Rolls-Royce, and the appointment of a receiver, were announced Feb- ruary 4 to a gasping Commons by Frederick Corfield, a junior minister outside the cabinet. Only three days later Prime Minister Edward Heath broke silence to reveal that he had fitted the bankruptcy neatly into the government's political strategy, at present sending convulsions through the coun- try quite apart from the Rolls- Royce affair. In a speech to Young Con- servatives ringing with "I told you so" airs, Mr. Heath said: "For too long much of our ap- parent prosperity has been based on illusions." S p e cifically management must, rid itself of the notion that it could run a business un- der conditions that don't pay. Insofar as Rolls-Royce com- mitted itself to produce 540 RB211 engines for the Ameri- ca n Lockheed corporation's Trislar airbus on terms that would have resulted in a loss of S14S million, that point was germane to the debate at hand. Unions, Mr. Heath said, must rid themselves of the illusion that they can go on demanding higher wages without concern for the firm, its prices and per- formance. Nobody has suggest- ed that unions were at fault in t h n Rolls fiasco. But, that didn't siop Mr. Heath from drawing a lesson for millions of workers now on strike or who have been striking for claims twice as high or more than the economy can stand. di-vcnimenis. ho said, must nil themselves nf the illusion that Ihey can build prosperity on subsidies of taxpayers' mon- ey for uneconomic ventures. Now only last November the Heath government pledged SlOO million of taxpayers' mon- ey to bail out Rolls-Royce, even then in trouble with the U.S. contract. Faced with the enormity of the mess, the gov- ernment is thankful none of the money was spent and has learned its lesson. Of course, Mr. Heath wasn't thinking that his own govern- ment had been under any illu- sions, or aberration, however temporary. Rather it was the former Labor government's policy of increasing state in- tervention in industry accom- panied by loans and the bail- ing out of failing shipbuilding firms that Mr. Heath referred to. His government is busy re- versing that trend and has promised not to help "lame ducks." Mr. Heath is digging in for a stretch of unpopularity as unemployment, already high, continues to rise with up to added by the Rolls col- lapse alone. Already one sup- plier has put men on a shorter week, blaming the col- lapse directly. Thousands of workers, among the country's highest skilled, may therefore find themselves victims to the folly of British private enter- prise. A Conservative govern- ment while not, exactly stand- ing idly by its nationaliza- tion is partial and perhaps temporary will not provide mere than the use of usual employment offices. For this government believes its func- tion is to restore to the peo- ple their resolution and nerve. Because they didn't fit into his broad national strategy Mr, Heath did not address himself to the two greatest illu- sions of all, or rather the qucs- licn of whether they arc illu- sions. Is it an illusion for potential foreign buyers of British prod- ucts to put their faith in Brit- ish industry in matters of qual- ity, reliability and schedule for delivery? For years before the Rolls-Royce trouble Britain's reputation has been strained. Now the pride of the British aerospace industry has default- ed on a major American con- tract, initially won over Ameri- can competitors because of quality and price. And tiie Brit- ish government has executed the delinquent company's bankruptcy in such a way that the buyer cannot exercise its contractual claims to compen- sation. The second question is whether one contract mishan- dled means the end of the Brit- ish aerospace industry', des- cribed by the Conservatives at last year's election as "one of our great national assets. Britain then, the Tories boast- ed, was the only country apart from the U.S. and the S o v i e t Union with capacity to produce the full range of aerospace products. The answer to the second question will likely be Yes un- less the government is pre- pared to go into the business itself in a much more signifi- cant way than it has so far in- dicated. Chancellor of the Kxclie- qucr Anthony Barber pointed out that the government would take over assels in a limited liability company. This would make it easier for private capi- tal to participate in due course. And Mr. Corfield did not dis- courage backbench suggestions that t h e company be returned to private enterprise once it is sorted out. Mr. Corfield closed the emergency debate in the Com- mons by commenting that the RB211 was lagging behind competitive engines in power and performance. It was per- haps not (lie gvcal advance il was cracked up to he. Faecd with default on the wilh British government conniv- ance, and with Mr. Heath's warnings about present illu- sions here, foreigners are sup- posed to keep stiff upper lips and buy British simply in the knowledge that Rolls Royce parts and service are still available. When the nationalized in- dustry is sorted out and put back on its feet the govern- ment may decide that the solu- tion lies in European co-opera- tion. Up to now it has not been particularly European-minded in aerospace. In December it declined to join a European airbus project but did state its intention of moving towards engine and airframe manufac- turing agreements with Euro- pean aerospace industry. The government has empha- sized the gross mismanage- ment at Rolls Royce which does not preclude a properly- managed British aerospace In- dustry. But it may well mean one restricted to more realis- tic financial boundaries. The entire Rolls technology re- mains intact a thought that has been consoling despondent Britons. It would be consistent with both government ideology and its political thrust towards Eu- rope to commit a highly-skilled British private industry, per- haps with some continuing gov- ernment interest, to a Euro- pean project. The European Common Market commission has proposed joint industrial undertakings precisely because of the increasing difficulty of any one country to raise enough capital. Rejuvenated Rolls Royce might carry the British colors into such a ven- ture. (Herald London Bureau) Looking backward Through the Herald Two safe blowers in Pontiac, Mich., opened the vault only to be driven back by mustard gas, which had been placed in the safe. They left empty handed. Information gathered from the assay office at Kim- berley with respect to samples from the Livingstone River area reveal that the samples showed only minute traces of gold and no platinum. 1911 British headquarters announced that there are no Italian soldiers left in Egypt, the Sudan or Kenya colony, ex- cept for prisoners. IDnl A Canadian record price for calves was set at the Lelhbridge stockyards when 50 calves sold at per hun- dredweight. The LetUbridge Herald 504 7th St. S., Lethbridge, Alberta LETHBRIDGE HERALD CO. LTD., Proprietors and Publishers Published 1905-195-1, by Hon. W. A. BUCHANAN Second Class Mail Registration No. 0012 Member of The Canadian Press and the Canadian Daily Newspaper Publishers' Association and the Audit Bureau of Circulations CLEO W. MOWERS, Editor and Publisher THOMAS H. ADAMS, General Manager JOE BA1 LA M.-innging Editor ROY K. MILES Advertising Manager WILLIAM HAY Associate Editor DOUGLAS K. WALKER FIciilorial Pacje Editor "THE HERALD SERVES THE SOUTH" ;