Arizona Daily Star from Tucson, Arizona • Page 68

C.L. Sulzberger i STAR PUBLISHING COMPANY ESTABLISHED 1877 Massacred PUBLISHED EVERY MORNING OF THE YEAR Michael E. Pulitzer, Editor and Publisher P.O. Box 5846 TUCSON. ARIZONA 85703 EDITORIAL PAGE McGovern The action of the U.S.

Court of Appeals in restoring 151 California Democratic convention delegates to Sen. George McGovern and in upholding the party's credentials committee's refusal to seat 59 Illinois delegates selected by Mayor Richard J. Daley virtually insures McGovern's nomination. It now is up to McGovern to take every possible step to restore party unity. If there are serious floor fights at the Democratic convention in Miami starting Monday, with millions of Americans watching them on TV, further harm will be done to the Democratic party's chances of winning the November elections.

The state primaries, with internecine party warfare, have been exhausting. McGovern has a large measure of black and youth support. He needs blue-collar backing, as well as the backing of party regulars. The regulars, who have suffered the scars of campaign after campaign, cannot be ignored. Franklin D.

Roosevelt 40 years ago found a way to heal wounds and bring dissident party elements together. So must McGovern if the Democrats are to have a chance. 'Which Tay To Anthony Lewis The Divided Court Banco De Las Americas Obscurely IWJ Nw Yerk Timt Nw Srvk LONDON "Nothing," Voltaire wrote, "is more annoying than to be obscurely hanged" nothing, we may add in this enlightened century, than to be obscurely massacred. In the absence of any newspaper or TV men around to record what may be going on. one might say cynically that it is decreasingly at-tractive to die for a cause.

It is the unpleasant fate of the Tutsi and Hutu people who together make up almost the entire population of tiny Burundi and Rwanda in central Africa that for the better part of 13 years they have been chopping each other up on a disagreeably massive scale. But they have exceeded all past records for bloodiness during the period since April 29 in Burundi. A kind of double genocide has been applied intermittently between rival tribes. President Micombero estimated in Bujumbura that between 50,000 and 100,000 persons have been slaughtered so far and there are still higher estimates. Considering Burundi has a population of only about 3 million, even the minimal figure is astounding.

The two ministates (Rwanda has about another 2 million inhabitants) have similar histories and also virtually the same population ratio: about 84 per cent Hutu, 15 per cent Tutsi and 1 per cent Twa. They were both attached closely to the Belgian Congo (now Zaire) prior to its liberation and were administered by colonial officials from Brussels. Their joint condition has never been strikingly modern or enlightened. Slavery was abolished in only 1923! The gross national product of either country approximates what American children spend annually on bubble gum. And human relationships between the strikingly different tribes are and have usually been bitter.

The dominant Tutsi minority is shrewd, proud, cruel and enormously tall. The Hutu are tiny, patient, hard-working, irascible; they comprised most of the slaves. The Twa are greedy, uninhibited, dwarflike and rarely seen. Rwanda, unlike Burundi, expelled a large proportion of its Tutsi minority and seized control of the government; Rwanda's emigre Tut-sis promptly formed a terrorist organization called lnyenzi, or cockroaches, and blood has been flowing copiously since. Only fragments of this ghastly tale have penetrated to the outer world.

Neither Bujumbura nor Kigala, the respective Burundian and Marquis Childs Security CoovriaM 1WJ WASHINGTON When Chairman Law-rente F. O'Brien of the Democratic National Committee went to Miami Beach to take a thorough look at convention arrangements he was given a detailed briefing on security. He was to admit later that it all seemed a bit superfluous in light of his long experience with conventions which, however turbulent, never seemed to threaten life and limb. Then came the famous break-in-bugging Incident at Democratic headquarters here and O'Brien understood the very real need for the security precautions being taken at Miami Beach. It will be the most security-conscious national convention ever held, with routines bound to cause friction and resentment.

Farcical though it seemed at first, the bugging episode was serious enough in itself. Here was this insidious snooping business carried out by five men with connections if not with the White House, as has been repeatedly denied, then with the Committee to Re-elect President Nixon. Invading the privacy of a political organization with the tools of the snooping trade hardly comes under the heading of a free society. What gives the episode a more ominous look and ties it in with the tight security at the convention is the connection of the men caught in the bugging act with the Cuban exile movement in Florida. Three of the five men were born in Cuba.

Bernard L. Barker as a CIA operative had a role in the abortive Bay of Pigs invasion. He is said to have been a conduit for money siphoned to the invaders. According to reports in the Miami newspapers, Barker is said to have tried to obtain from the architect, Leonard Glasser, the plans of the convention hall, including details of the air-conditioning ducts and1 the cat walks. The intimation was that this was for bugging purposes.

Yet why try to bug a political convention with radio and television constantly listening in? While the bulk of the more than 200,000 Cuban exiles in and around Miami are law-abiding citizens bent on trying to earn a living in a new land, there is a hard core of passionate anti-Communist, anti-Castro plotters constantly seeking ways to bring Fidel down. Their bitterness over President John F. Kennedy's failure to order air strike to save the invaders trapped on the beaches knew no bounds. They never cease to lobby for support from the government for various schemes to cut down Castro's strength. Sen.

George McGovern and certain of his backers have suggested that it was time to restudy American policy toward Cuba. If the President could make an agreement with Moscow, 7,000 miles away, then it should be possible to get together with Castro looking to a relaxation of the measures that have cut off all relations with the island only 90 miles from the Florida coast. Castro is just now in the Soviet Union, presumably seeking to renegotiate the agreements costing the Russians well over $300 million a year that keep Cuba afloat. In the eyes of the Cuban rebels any suggestion of peace with Castro is treason. They will fight it with every means possible.

The nomination of a Democratic candidate for Presi Rwandian capitals, teems with newspapermen. And even after the latest tribal bash began In April, it took weeks before serious information began to seep out. The world has paid minimal attention to the grizzly holocaust; there is simply no comparison between the heed accorded to this tragedy and the Indonesian killings of 1966, or Vietnam. The Chinese have shrewdly showed much interest in this strategically located area at Africa's heart, but most other countries don't know it exists. Eight years ago, I visited an earnest mission school in Rwanda, near Gitarama.

The teachers told me both Tutsi and Hutu boys were there but after the (then) recent troubles many Tutsi boys had been slaughtered and the two tribal groups of students had split up. A Tutsi had been staked out on a nearby hillside and his hands and feet lopped off. This, alas, is par for the course in some unenlightened African regions. Tribal rivalries have endured for centuries, are to a degree associated with sorcery, and often exceedingly bloody. Pamphlets have been found on Hutu rebels against the Burundian Tutsi aristocracy, saying: "kill every man, woman and child.

Do not take prisoners. Do not judge. Kill every Tutsi." At this stage, a real race (call it tribal) war is going on to the death and very few newspapers or liberals, who get exercised about more widely advertised killings, seem to be paying sufficient attention. Surely it is time for international political organizations like the United Nations or charitable bodies like the Red Cross to move in there on a dramatic scale. It is in the interest of every human being to stop the slaughter.

It might be stressed that, while ancient race questions are at stake, regardless of differing size or skin pigmentation, the color of everybody's blood is red. Burundi and Rwanda are backward countries. They are probably not backward simply because they spent years as colonies under European tutelage, but also because their traditional society had been unimpressive Now it is high time for bodies like the United Nations to recognize that political liberty alone is not an adequate substitute for the previous foreign thrall. Money, trade, education and the glare of publicity showing what is really going on are the imperative requirements of deeolo-nialism's second stage. In Miami dent looking, however, far in the future, for normalization of relations with the dictator, as relations are on the ay to normalization with China, is a deep affront.

O'Brien ill run an orderly and secure convention if anyone can. He is a pro and an extremely able pro. Whatever the ardent young McGovemites may think, tt is pros like O'Brien who have kept the wheels turning ov er the years. He was the manager of the late Sen. Robert F.

Kennedy's campaign at the time when the senator was struck down in Los Angeles by an assassin's bullet. In the course of barnstorming through the South McGovern made a gratuitous slap at O'Brien. He indicated his intention of replacing him after the convention, although on another occasion he said he wanted him to stay. All along O'Brien has said that he intends to leave when he has finished his stint at Miami Beach. Replacing O'Brien who has carried on through the dreary and difficult days of deficits, will not be easy.

If McGovern means to- dispense with all the pros he will add to the handicaps he already suffers. Letters Voter Elgibility Editor the Star: In re: Article, "135,000 Young Arizonans To Become Adults On Aug. Star, June 29. I wish to correct some of the misinformation on who is entitled to vote. There has been widespread confusion as to voter eligibility in the primary of Sept.

12. The facts are that to be eligible to vote in the primary one must be at. least 18 years of age on or before November 7, 1972 and must have registered to vote no later than 5 p.m. July 24, 1972. This opinion was reiterated June 30 in a telephone conversation with the attorney general's office.

Under the new voter law any potential unregistered voter may register for voting after a general election if that individual will be of voting age (18) by the next general election they need not wait until their 18th birthday anniversary to register. (This regulation is the same as the past regulation but with age change from 21 to 18 years) If for any reason a person does not get registered by the July 24 deadline he may register to vote in the general election until 5 p.m. Sept. 18. The dates for closing registration are 50 days prior to the election date.

There is an exception to registering for all new residents of 30 or more but less than 50 days who are entitled to cast ballots for presidential electors as stated in the new federal voting rights act. These individuals are permitted to vote only for designated federal candidates. W. A. "DOC" HOLLIDAY JR.

6849 S. Burcham Ave FRIDAY. JULY 7, 1972 Needs Unity Sen. Hubert Humphrey openly hopes the Democratic convention will overrule the judges if the Appeals Court ruling is allowed to stand by the U.S. Supreme Court.

Asked if he thought the convention had a right to act in defiance of the court, the Minnesota senator said, "That's my judgment. I'm not a lawyer. I'm a politician." It is unfortunate that Humphrey takes such a stand. He has made himself a liability to the party. He should keep his mouth shut and join a move for party unity.

The Democratic Party should be allowed to make its rules for the selection of delegates. Once the rules are established they should not be changed. The Court of Appeals opinion said, "There can be no dispute that the very integrity of the process rests on the assumption that clear rules will be established and that, once established, they will be enforced fairly, consistently and without discrimination as long as they remain in force." The best estimate of delegate strength now is: McGovern, Humphrey, 392; Gov. George Wallace, 365; and Sen. Edmund Muskie, 219.

The nomination requires 1,509. tion. Banco de las Americas has no Bank of America connection, but the Bank of America has been friendly and cooperative. Chase Manhattan Bank is one of the eastern institutions that also has been helpful. The Valley National Bank is the major contact, or business compatriot.

Banco de las Americas hopes to develop commercially 15 acres now in escrow, with perhaps an ultimate 40 tenants. The city-donated plot that will be used by the Mexican-American Unity Council abuts Banco de las Americas land, and the combination should bring a greater development than either could individually. "We think in terms of what will be meaningful to people who have never participated in this type of thing," Herring says. "This is a classical example of economic opportunity." The Star agrees. Bad Image with the international spotlight on him, knowing that his actions bring reflections on his native America, is deplorable.

Spassky had every right to demand a forfeiture when he appeared to play and Fischer absented himself. The International Chess Federation postponed the match in a questionable decision, for Fischer's petulance, childishness and greed were the only real bars to beginning the title matches. ilar in that they prove the adage: "As ye sow, so shall ye reap." In Chicago both the protesters and Mayor Richard Daley's police force sowed threats and ill-feelings and reaped bloody confrontation. In Miami Jerry Rubin, Ab-bie Hoffman and the protesters, and Mayor Chuck Hall and Police Chief Rocky Pomcrance have exuded mutual goodwill. Their reward will hopefully be a peaceful and orderly exercise of rights and expression of beliefs.

Performed with intelligence and farsightedness. The contract recognizes that people must have water, and that homes have first priority when CAP water reaches this area, hopefully in the early 1980's, by which time it is likely to be needed badly. Since they took on a hard job, and paid considerable of its expenses out of their own pockets, they deserve to have the public know their names. The Pima County board members are Walter D. Armer, Dan Clarke, Quentin Mees, and John Sullivan.

Banco de las Americas, in the process of formation, with its headquarters in the area immediately west of the Santa Cruz River on Congress Street where the old Sports Arena operated deserves success in its efforts to give economic opportunity and added pride to the Spanish-speaking community. The bank has a number of interesting aspects. All its capital has come from the Spanish-speaking community, and in relatively small amounts. There is no overriding non-Spanish-speaking involvement and certainly no Anglo dictation. Morris Herring, former state treasurer who has a sound financial background and reputation, is president and chief executive officer.

George Sandoval of the Sandoval Distributing Co. is chairman of the board. The new bank has benefited from Herring's contacts with every bank in Arizona and some elsewhere in the na Creating A Bobby Fischer, l'enfant terrible of world chess, has created a bad impression in relation to his title match with Boris Spassky of Russia. Fortunately, as this is written, the match appears about to come off, despite Fischer's actions. Fischer has been described as difficult by any standards and long ago lost the sympathy of most American chess players.

For him to act the way he has New York Tit News Srvic LONDON One of Judge Learned Hand's arguments against a broad judicial power to Interpret the Constitution was that courts would inevitably divide on such elusive questions. In his Holmes lectures at Harvard in 1958 he said: "Disunity cancels the impact of monolithic solidarity on which the authority of a bench of judges so largely depends. People become aware that the answer to the controversy is uncertain, even to those best qualified, and they feel free, unless especially docile, to ignore it The Supreme Court has dramatized the point in these last climatic weeks of its term. When the court decides one weighty constitutional issue after another by a vote of 5 to 4, ordinary people may well think that the answers are less than Olympian. But Supreme Court justices, operating in the real world, cannot be immobilized by the dilemma.

Their duty is to decide. They cannot simply refuse to vote when a case is difficult or the court is closely divided. Judge Hand's idea to strip the court of the constitutional function or trim it to the narrowest scope is hardly a realistic solution. The Supreme Court has been resolving social and moral and political problems in the guise of constitutional law cases for 175 years, and the whole system of government assumes that it will continue to play that role. The fact is that American society relies on the Supreme Court to deal with issues that politicians or the public itself have found too difficult.

The great recent example was segregation: whatever the troubles of race today, most Americans would surely have found it intolerable to continue for long after 1954 as a society in which blacks were legally excluded from many schools and jobs and restaurants. It took the Supreme Court to articulate that moral concensus and break the deadlock. The real problem may be one of ripeness: How does a justice know when his cosntry has reached a moral consensus on some issue? That is the question lurking in the most important of the cases just decided, those on capital punishment. Chief Justice Burger, dissenting from the decision that death sentences as presently imposed are unconstitutional, made the argument of time and precedent. He asked how a practice that has existed from the beginning of the Constitution could be invalid now.

That is an appealing approach but not a tenable one in the light of judicial history. Phrases such as "due process of law" and si. Lhh Pnl-DiMtdi Miami "cruel and unusual punishment" the ones involved here do not define themselves. To Americans they have meant different things at different times, and the Supreme Court has accordingly interpreted the admonitory clauses of the Constitution in the spirit of each age. It was not until 1932 that the court found in the Constitution any guarantee of free counsel for poor men charged with crime, but the lateness of the hour certainly did not exclude that interpretation.

It was 1936 when the court first set aside a criminal conviction because the prisoner had been tortured into confessing. Was that wrong? Few would be heard to say so now. Chief Justice Burger himself joined in a sweeping new application of the Constitution in the field of criminal law just this year. That was when the court struck down vagrancy statutes of a kind that long antedate the Constitution. Age is not enough reason for any practice to escape constitutional scrutiny.

A judge facing the issue of death sentences would have little difficulty concluding that the way they are actually imposed in the United States has become intolerable. Whether a person is sentenced to die for a capital crime is a grotesque and arbitrary accident one that occurs more often to the black and the poor. The four dissenting justices on the Supreme Court all registered their personal dislike for the system. But should judges tackle a problem on which there are such deep political feelings or leave reform to legislators? That is the puzzle that fascinated Felix Frankfurter through his years on the court. In one tormented opinion he showed that there can be no answer.

It was 1957, and the state of New Hampshire wanted to question a lecturer at its university. Justice Frankfurter had to balance two interests that he respected greatly political privacy, as he put it, and a state's right to self-protection. He upheld the lecturer's claim to privacy. Why? "Striking the balance implies the exercise of judgment," he wrote. "It must not be an exercise of whim or will.

It must be an overriding judgment founded on something much deeper and more justifiable than personal preference it must rest on fundamental presuppositions rooted in history But, in the end, judgment cannot be escaped the judgment of this court." Machine Control Louisville Courier-Journal Man meets machine. Machine wins again. Man pulls plug. That's the scenario running through the consciousness of a physics teacher in Washington High School, Denver, Colorado, who told The Denver Post the other day that the "infernal machines" are taking over. Buel C.

Robinson, the teacher, cited two business-machine punch cards that had been handed him by Peter Dach, a student who has a class in computer-assisted mathematics in the period just before Mr. Robinson's physics lecture. An electric typewriter had inscribed these words across the top of the notched cards: "Dear Mr. Robinson, Peter has been busy with me and I am sorry that he is late again today. Love, the Computer." As he had expected, Mr.

Robinson told his newspaper, "the machines are taking over the world and are now controlling us." He is right. Not only is there that ominous word, "again," to prove that the machine is keeping track of its tardy notes, but there's the sweet politeness of tone in the message. Subliminally, the machine is saying that it's determined to rule, but that is's prepared to be decent about it. No Summer Re-Run Next week's Democratic National Convention, with its inevitable play-within-a-play the demonstrations in the streets looks to be something other than a summer re-run of the 1968 Democratic convention in Chicago. Thanks for this is owed to many parties, not the least of which are the youthful and no-longer-youthful protesters themselves, and Miami Beach city officials.

Chicago and Miami Beach are sim A Job Well The Pima County members of the Central Arizona Conservation District have performed, along with Pinal and Maricopa County members, a hard job well, in working out a Central Arizona Project water contract with the federal government. Such a contract carries with it immense possibilities of a desirable nature, as well as dangers from poorly-thought-out-phraseology and also from yielding to bureaucratic demands. The Arizonans, including the Pima County members of the district board, acted Carf Riblet Jr. Isn't It The Truth! All too soon summer will be on the wane, along with grass that grows like weeds, sunburn that cooks like flame, ants that ruin the picnic and the sidewalk hot foot. That's when we will ask ourselves: what happened to all the things we planned to do and didn't find time to do this summer? Saved for another year, that's what.

"One of these days is none of these days." -H. G. Bohn, 1855 The politician who succeeds best is he who charms, arouses, excites, amuses and confuses the votes so that for a time before Election Day they find themselves prevented from minding their own business, which is to keep the rascal out of office. lash the rascals naked through the world." William Shakespeare in Othello, iv CoeyrliM WJ.