Battle Creek Enquirer from Battle Creek, Michigan • Page 2

tnquiier cii.ci jxews, aume Creek, March 26, 192 I 1 the behind What Hews using crisis In Brief tion and Welfare guidelines rather than court orders. It was felt by the affected school districts this satisfied the 1954 decision prohibiting the assignment of pupils on account of race. In a 1968 decision, however, the Supreme Court held that such plans were in compliance with the law only if they actually led integration. The HEW plans then started to include busing. Q.

Did the Supreme Court actually order busing then? A. No. It did not suggest any specific procedure but told the lower federal courts that any plans they approved must promise "meaningful and immediate progress toward disestablishing state-imposed segregation." At that point, busing came into increasingly wider use. Q. Has the Supreme Court taken a stand on busing yet? A.

Yes. On April 20, 1971, in Swann v. Charlotte-Mecklenburg (N.C.) Board of Education, the Supreme Court upheld busing as an acceptable method of achieving desegregation. Many opponents of busing in the South had thought the court, under its new chief justice, Wrarren E. Burger, would reject busing.

Burger wrote the unanimous opinion upholding it. With Swanns as their guide, the courts began ordering busing. Q. President Nixon has said he opposes busing for racial balance and asked for legislation to halt it. Have the federal courts ordered busing for racial balance? A.

No. It is specifically prohibited by the 1964 Civil Rights Act, and in the Swann decision the Supreme Court said it would have rejected the Charlotte plan if it thought a racial balance was required. Q. But in the Charlotte plan the district court called for a 71-29 ratio between white and black students in individual schools. Isn't that requiring a racial balance? A.

The court held that the suggested ratio for Charlotte was not a requirement but J- WW Alioto case goes to the jury VANCOUVER, Wash. (UPI) The $2.3 million civil lawsuit against San Francisco Mayor Joseph Alioto and two former Washington State officials went to a superior court jury Saturday, the 95th day of trial. The jury of six woman and six men received the case at midday. The jury will decide whether the state of Washington, one port, three cities and eight public utility districts are entitled to a refund of all or part of $2.3 million they paid Alioto as an attorney's fee in the 1960s before he became mayor. McGovern leads U-M poll ANN ARBOR (UPI) Students at University of Michigan picked U.S.

Sen. George McGovern, as their favorite for president, in a straw poll taken at the student government council election. Results of the nonpartisan presidential preference vote showed McGovern with 1,667 votes. President Nixon was a distant second with 592. New York Rep.

Shirley Chisholm was third with 538, and Maine Sen. Edmund Muskie was fourth with 424. There are a total of 32,000 students at University of Michigan. Heart transplant patient dies CAPE TOWN, South Africa (UPI) South Africa's 11th heart transplant patient, John Montgomery, died late Friday, Groote Schuur Hospital announced Saturday. Montgomery, 41, received his new heart Jan.

23 in an operation performed by Dr. Marius Barnard, younger brother of pioneer heart transplant surgeon Dr. Christiaan Barnard. Montgomery's death leaves only two other heart transplant patients still alive in South Africa. WASHINGTON (AP) The spread of the busing controversy has led to widespread confusion over just what it's all about.

The following questions and answers are an attempt to clarify the issue. Q. When did the busing of school children start? A. Busing, of course, has long been a basic part of the public-school system. It has been used to consolidate school districts, transport children to rural schools and through unsafe city streets, and, in the past, to maintain school segregation.

More than 19 million children are now bused each day. Q. When was it first used for desegregation? A. Not until 1968, 14 years after the Supreme Court outlawed segregated schools. Q.

Why was it done then? A. Up until 1968, most desegregation plans were based on the freedom of students to attend schools of their choice, and were drawn under Department of Health, Educa We? MS -Zr -j 1 1 irm era Japan-China pact on the way? TOKYO (UPI) Foreign Minister Takeo Fukuda said Saturday Japan is willing to sign a non-aggression agreement with China when relations between the two countries are normalized. He added that Japan would continue to maintain its defense treaty with the United States. Fukuda's statements were made at a 'questions' session in the budget committee of the key lower house of the Japanese Parliament. only a starting point in the process of shaping a remedy.

"The constitutional command to desegregate schools does not mean that every school in every community must always reflect the racial composition of the school system as a whole," it said. Q. Why has busing been limited to the South for so long? A. The target of the 1954 decision was officially sanctioned separate school systems for whites and blacks, then maintained almost exclusively in the South. In implementing the decision the lower courts drew a distinction between that kind of segregation, which they called de jure, and the kind resulting from segregated residential neighborhoods, which they called de facto.

They held that only de jure, and the kind resulting from segregated residential neighborhoods, which they called de facto. They held that only de jure segregation was prohibited by the Constitution. BMW i. i mM- SI 'i i' i iiilfiiil; ill IKIi ura.lli'i,'' i train daughters and the Rev. Ralph Abemathy, head of the Southern Christian Leadership Conference.

QQT more neuter." Nancy Hammond of Lansing, a woman long involved in' women's rights movements, is on the planning committee for the Michigan Woman's Political Caucus. Her response to the amendment echoes much of the enthusiasm and sense of adventure many women express about the new legislation. Speaking of the amendment, she said, "It's OK for openers. But now it's up to the courts to interpret it. "The glorious aspect to it, is that woman now will have the opportunity to be defined as a person." Q.

Then why is busing being ordered in the North now? A. The distinction between de jure and de facto segregation has been almost eliminated by a series of lower federal court decisions which have found segregation in some Northern cities to be the result of deliberate actions by public officials and therefore de jure, and subject to court-ordered remedies. Q. Has the Supreme Court upheld this view? A. The court has not yet ruled on a case involving de facto desegregation.

However, it has agreed to consider next term a case from Denver, which should produce the next major statement of the court's position on how far the 1954 decision carries. Q. Why has the issue been left almost exclusively to the courts? A. The original complaints about segregated schools arose in the courts and continuing litigation has kept the courts in the thick of the dis $8 billion Continued from Page 1 these risen significantly also? A. I don't know that we can -say they have risen significantly.

No doubt there have been some increases. However, in many cases where we have had complaints and have checked, we've found that the increases, really have been within the guidelines. Q. At one time you used persuasion to get people to voluntarily comply when there was a violation. Are you still doing that? A.

I guess you could say that we are still doing it. I'll say this: I think we're going to be moving faster, from persuasion into an enforcement attitude, because we feel now that we've had a long enough period for people to know the program. There's less need for being as gentle as we have been in the past because merchants, landlords and others have a greater knowledge of the program. Q. A lot of people haven't filled out their W-4 forms as yet and, as a result, more money is being withheld from their paychecks than would otherwise normally be.

Why aren't people filling out W-l forms and getting the money they're entitled to? A. We think they probably do know about it. As you know, we tried to get die word to everyone. We are still trying and intensifying our efforts. It does appear at this time that many employes have not changed their withholding.

We think that one reason is that a lot of people are waiting until they make their 1971 returns to see how it comes out because last year we had underwithholding. Some of those taxpayers who owe a large amount of tax when they file for 1971, probably are going to leave their withholding where it is this year. Others, when they see how it comes out, no doubt will change their withholding. As you know, there is a vast difference in the withholding under this year's tables and last year's tables. Many taxpayers no doubt could change, increase their exemptions and allowances and have considerably less withheld.

That's fine with ns. The administration would like it, provided thev don't go too far. Now, so long as they claim all the allowances and exemptions to which they're en- ii-lSJ. -zsisrr a -ijw mm tip ii 'i-i-. .1.

aaiiwi -jratiKfi i pute. Also, the 1954 decision is based on a finding that the separation of children in the public schools by race violates their constitutional right to equal protection under the law. It is the court's view that the denial of a constitutional right demands direct, immediate remedy. It is in support of that view, and in the absence of any remedy being offered from other sources, that the court has ordered busing. Q.

Shouldn't Congress enact a national policy on segregation? A President Nixon has asked it to, but Congress has had 18 years to deal with the problem and has shown little appetite for the task. Furthermore, any legislative enactment would have to conform to the Supreme Court's finding that racially segregated schools are unconstitutional. In the Swann decision the court directed its attention to the difficulty in defining a policy for the courts to follow in desegregation cases. titled under the new rules, we think they should do that, because it would bring about a withholding that would cover, but not over cover, their tax liability for the year. Q.

Various numbers have been used as to the amount of overwithholding that would occur if people did not adjust it. Some have been S2 billion, $4 billion and $8 billion. A. All I can say is, based on the analyses that our departmental experts have made, the estimates run all the way from $4 billion to $8 billion. Q.

If it were $8 billion, wouldn't that be enough to be a real important setback economically? A. That is true and that is why we're very much concerned about it. And we're giving consideration as to what, if anything, we should do further to convince employes they should change their W-4s. Q. Are you implying that you'll be stepping up a public relations campaign to tell people that they should do this, and that it could be harmful to the economy.

A. That's right. We have been trying to convince employes that this is available. In addition, we've been preparing TV spots, radio spots, to begin using next week to bring this message to people. We have notified employes and, of course, will continue to do that.

We don't -want the taxpayers' money to which we're not entitled. Second, of course, as you've indicated, it would be good to get this money back into economy. Voters OK millage at Colon COLON A 13-mill operational levy was approved Saturday by a vote of 413 to 403 in the Colon School District. Superintendent Donald Wie-ber said there were three spoiled and two voided ballots. Eight of the mills represented a renewal of operational millage, and five an increase which will add about $95,000 to the budget, for equipment and programs in the elementary schools, Wieber said.

Last year, Colon voters twice voted down school tax increases and administrators made budget cuts in teaching supplies, textbooks, noon aides, field trips, library materials and student activities. The voted millage in addition to non-voted allocated millage, was set by the St. Joseph Tax Allocation Board last year at 9.12 mills. The allocation for this December will be set by the allocation board next month. Ice delaying Seaway opening MASSENA, N.Y.

(UPI) Severe ice conditions in the Gulf of St. Lawrence will delay planned opening of the St. Lawrence Seaway for at least five days. The opening had ben scheduled April 1. The St.

Lawrence Seaway Development Corp. said that for the first time in 15 years, a solid ice cover stretching from shore to shore exists in the Gulf of St. Lawrence. Normal ice-breaking and widening of the Montreal-Gulf of St. Lawrence channel has required twice the usual icebreaking capacity.

The authority also said that Lake St. Francis, between the American locks near Massena, N.Y., and the Canadian locks near Montreal, has a considerably heavy ice cover requiring continued icebreaking efforts. School bus ripped apart by New York lighting New York City fireman, said he had halted the bus. However, students aboard the bus challenged this as did the engineer of the Penn Central train. Three boys died and 43 others were injured.

CONGERS, N.Y. (AP) The big question in the aftermath of Friday's school bus-train collision is whether the bus driver stopped before crossing the tracks. The driver, Joseph Larkin, 35, a moon 50,000 march in Washington protest France honors Miss Dietrich to a cartoon circulated in the Washington. D.C., public schools. The nine-year-old who drew the cartoon had misspelled the word.

Many children carried leaflets distributed by the thousands in stores and restaurants last week. President Nixon's Family Assistance Plan was another mainTarget of the march organizers, as was his veto of the child-care bill last year. After the march, the crowd gathered on the Washington Monument grounds for a rally. Among those speaking or putting in an appearance at the rally were Democratic presidential candidate Eugene PARIS (AP) President Georges Pompidou has awarded the Officer's Cross of the Legion of Honor, one of France's highest medals, to film star Marlene Dietrich. Officials said the ceremony in Pompidou's office at the Elysee Palace Thursday was "brief and informal." The German-born actress later stayed for dinner with the president and his wife.

Soledad jury starts deliberating SAN FRANCISCO (UPI) The all-white jury in the "Soledad Brothers" trial deliberated Saturday to determine if the two black convict defendants were guilty of killing a prison guard. Angela Davis was among the spectators Friday when Superior Judge S. Lee Vavuris gave final instructions to the nine women and three men on the panel and ordered them sequestered for the night. The state has sought to connect Miss Davis with the Soledad case. The jury could bring in a separate verdict ranging from innocent to first degree murder for each of the defendants, John Clutchette, 28, and Fleeta Drumgo, 26.

2 policemen die at holdup scene PITTSBURGH, Pa. (AP) Two sububan police officers were shot to death and two other persons wounded Saturday during an attempted holdup at a department store, police said. The shooting occurred when three or more policemen stumbled onto the holdup in a store at a crowded shopping center, authorities said. The third officer, an off-duty Pittsburgh policeman, and a female suspect were those wounded. The dead were identified as Sgt.

William Schrott and Ptl. Bartley Connelly, both of the Penn Hills Police Department. They were dead on arrival at a hospital here. Won't finish match chess whiz REYKJAVIK, Iceland (AP) U.S. chess wizard Bobby Fischer has informed local officials he will not play the second half of his world title match against the Soviet Union's Boris Spassky in Iceland, the president of the local chess association said Saturday.

Gudmundur G. Thorarinsson said the International Chess Federation should tackle the problem. Fischer had requested a change in financial conditions for the match and was turned down by both Reykjavik and Belgrade, Yugoslavia. The two cities have been named as sites for the match. He'll snub them back McCarthy, Rep.

Bella Abzug, Rep. Ronald Del-lums, Mrs. Martin Luther King Jr. with her two Women ch Continued from Page 1 changes. "The amendment could lead to some new laws such as a change in our abortion laws.

I think they are lied hand and hand. "In marriage patterns, we are moving more toward sharing responsibilities. The roles of mother and father are changing and becoming "Somewhere, sometime we're going to have to clear the cobwebs from the minds of dogooders who write reports like this," Rizzo said. But most of the skepticism from lav officers centered on a dilemma they said would result by allowing private use of marijuana while retaining laws against its product, on and sale. Los Angeles County District Attorney Joseph P.

Busch said allowing of marijuana use without penalty would increase the market for illicit sales. "It will establish a schizophrenic legal situation in which the use is legal but the sale is illegal," Busch said. "The user will be socially acceptable and the seller will be labeled antisocial. Users will be drawn into an even deeper contact with the counter culture forces." John Danforth, Missouri attorney general, said legalizing use but not sale of the drug would "be a very bad policy since it would automatically create a bootleg WASHINGTON (AP) Several thousand demonstrators protesting President Nixon's welfare and child-care policies staged a peaceful "Children's March for Survival" around the Ellipse south of the White House Saturday. A least half of those marching were children, mostly black, and marshals trained by protest organizers had a busy time keeping the lines straight as children darted and danced their way along the one-hour course.

There was no official crowd estimate. By midafternoon, as late arrivals continued to pour in, march officials said they had more than the 50,000 persons they predicted. The Rev. Jesse Jackson, head of Operation PUSH (People United to Save Humanity), linked arms with George Wiley, head of the National Welfare Rights Organization, to start the parade. "Nixon dogs eat better than our children," said one sign carried by an elementary school boy.

Others proclaimed, "Nixon doesn't care," the misspelled word a deliberate reference al possession and use of small quantities of marijuana but said use of the drug should be discouraged. It said controls over grpwth, production and distribution of the drug should continue. "I think it is wrong of us to in any way encourage the use of marijuana," Agnew said in New Orleans. He said it is wrong to permit private use of the drug when public use is not condoned. "It frightens me because no nation in world history has ever legitimated the use of marijuana," he said.

Use of marijuana and hashish in Oriental countries "has really debilitated those societies," Agnew said. New York Attorney General Louis J. Lefkowitz voiced a common note of concern over the lack of medical evidence on the physical effects of smoking marijuana. "If the medical profession could assure me that it has no bad effect on people there would be a case for legalization," Lefkowitz said. "But HOLLYWOOD (AP) Charlie Chaplin, making his first trip to the United States in 20 years, will not attend ceremonies implanting his name in the sidewalk here in the "Walk of Fame" although he will be in Hollywood to accept a special Academy Award, officials said Friday.

The 82-year-old actor had been snubbed by the Hollywood Chamber of Commerce, which decides who will be honored, for 15 years because of what has been called his interest in leftist causes and his long absence from the L'nited States. But when the Chamber learned he would come to the United States in April from his home in Switzerland, it voted after much debate to allow the silent screen comedian's name to join hundreds of others imbedded along Hollywood Boulevard. ban-law off aintain pot By United Press International A National Commission on Drug Abuse report calling for liberalized marijuana laws drew fire Saturday from law-enforcement officials who say legalized use of the drug would at best change nothing and at worst could weaken society. Reactions to the report, released Wednesday by the 13-member panel, ranged from 5 Great Concerts Next Season. Join NOW.

Only S10. Ph.962-91 77. calculated skepticism to emotional rejection. Those who supported the commission said people would go on smoking marijuana anyway. Vice President Spiro T.

Ag-new called the report frightening. A New Jersey newspaper termed it "pure hog-wash." The commission recommended removal of state and federal restrictions on person- assistant attorney general for drug abuse, said Saturday that the special teams will begin operations immediately. He said he will explain the operations at a Monday news conference. The number and composition of the teams will vary, he said, and will be based on the problems and needs in each city. there is an honest difference of opinion among medical people." Evelle Younger, California attorney general, said, "The key question is not where marijuana is used (in the home or in public) but whether it is harmful to the user." He said he is more interested in "the evidence on which the commission's conclusions were based than on the conclusion themselves." Massachusetts Attorney General Robert H.

Quinn voiced a similar concern: "We already have tobacco and alcohol and if we had in the beginning realized how harmful they would be we would not have admitted them into our society. Before legalizing marijuana we should all take a long hard look at all the facts." Not all reactions were as noncommittal and cautious. Mayor Frank L. Rizzo of Philadelphia, former police commissioner of the nation's fourth largest city, lambasted the commission members for urging legalized use of the drug. Detroit included in war on heroin WASHINGTON (AP) The Justice Department has picked 33 cities including Detroit in which teams of federal, state and local law enforcement officials will concentrate efforts to stop the flow of heroin on the nation's streets.

All the largest cities are included, plus some rather small ones. Miles J. Ambrose, special A Clyde B.Schimmel isfi lOSUmitAYE fctUt Cft. MieUm ft 1 1 A a i.