The Bismarck Tribune from Bismarck, North Dakota • 4

THE BISMARCK TRIBUNE Middle Road Strictness An Independent Newspaper Established 1C73 Nortti Dakota's Oldest Newspaper Winner ot National Pulitier Prize "The most distinguished and meritorious puMic service rendered ty an American newspaper during the year mi." MRS STELLA I. MANN, President WILLIAM S. MOELLER, Manager A SORLIE, Puhlisher JOHN 0. HJELLE, Editor Official newspaper. State of North Dakota, County of Burleigh and City of Bismarck, published daily except Sunday by The Bismarck Tribune Company, 223 Fourth Bismarck, North Dakota.

Second class postage paid at post office, Bismarck, North Dakota 58501. called upon to testify in court on criminal information they have obtained on a confidential basis. For the time being, we appear to have gone from a Supreme Court that was liberal-tending-toward-radical to one that is moderate-tending-toward-conservative. This will please those who shuddered at the liberalizing impact nine men made on society during the years when Earl Warren was chief justice. It will displease those who see the court as not only the last resort protector of our civil liberties but the active force that maintains those liberties and rebuilds them where they have been eroded.

And it will not at all surprise students of the court who long ago learned that it is the least predictable of institutions. The Supreme Court's vaguely indecisive decision to ban the death penalty was a fitting climax for the first year of President Nixon's "strict constructionism." The recently ended session was the first in which all four of President Nixon's appointees sat on the court. And while the session showed the court definitely headed in the general direction of caution and a passive role constructionism" boils down to not reading anything into the Constitution's list of duties of the Supreme Court), it also showed that the fears of civil libertarians who worried about a massive loss of rights established by the Warren court were unfounded. The death penalty decision was not one of the court's alltime classics of clarity. With nine separate opinions written in a case, you can find a Warren court had done.

There have also -been enough conservative decisions oriented toward protecting society from individuals to keep the strict constructionists among President Nixon's supporters from being too disappointed. The same decision day last October that produced the construction union ruling also found the court upholding a federal law that makes it illegal for U.S. government employes to strike. And the last weeks of the session found the court refusing to take an active role in stopping Army intelligence agents from spying on civilians, declining to change the privileged monopoly status of professional baseball and deciding that the First Amendment's guarantee of freedom of the press did not protect reporters from being precedent for just about anything. The overall result, though, did lean toward banning the death penalty as "cruel and unusual punishment," which is forbidden by the Constitution.

And even that less than roaring victory was something more than a lot of people would have expected when the court session began last year. From the time last October when it upheld a lower court decision requiring racial integration quotas for construction unions on federally financed jobs to the recent decision requiring court orders for government wiretaps on citizens suspected of "domestic subversion," the Nixon court has shown that, strict construction or no, it was not about to vengefully undo everything the aggressive, individual rights-oriented' SUBSCRIPTION RATES PAYABLE IN ADVANCE Daily by carrier in Bismarck 55c per week JU.30 for 6 months S28 60 per year per year Daily by mail in North Dakota $18.00 DailybymailinS.D.,Mont.,Minn 22 00 Daily by mail to servicemen $12.00 Daily by mail to all other 27.00 Students in North Dakota- By Mail 112 00 for 9 months Students out of State- By Mail $13 00 for 9 months To contact circulation manager Dial 223 2500 before i 00 p.m. In Mandan call Frank GoeU 663 9816 Member ot The Associated Press The Associated Press is exclusively entitled to the use for republication of the news dispatches credited to it or not otherwise credited to this newspaper and also the local news of spontaneous origin published herein. All rights of republication of all other matter herein are also reserved by The Bismarck Tribune. MEMBER OF AUDIT BUREAUOF CIRCULATION Washington Notebook AAcGovern: Goldwater of the Left? Jack Anderson Credentials Case Judge Purchased McGovern House WASHINGTON (NEA) It means little to characterize the front-running Democrat, Sen.

George McGovern, as the By JACK ANDERSON "Goldwater of the left." But a comparison of their campaign situations does offer some instructive insights. In 1964, Sen. Barry Gold-water won the Republican MIAMI BEACH The Appeals Court Judge who ruled in favor of George McGovern in tne Democratic of the Democrats. There was, of course, much opposition to Goldwater from the moderate or progressive wing of his party. The key figures were governors like Nelson Rockefeller of New York, William Scranton of Pennsylvania, George Romney of Michigan, Mark Hatfield of Oregon.

Just one trouble. They could never get together, and no one of them could ever muster impressive support. They had glamor and high visability, but it was misleading. It never translated into votes and delegates to stop Goldwater. Meantime, Goldwater, aided by cadres of dedicated young activists who put together a superb organization, piled up an enormous delegate lead in the non-primary states.

His late-hour primary victory over Rockefeller in California really was his only good one, yet in the circumstances it was all he needed. Set McGovern's effort beside all this. He, too, has those dedicated cadres, who in fact are more numerous and more skillful by far than those laboring for Goldwater in 1964. Beyond that parallel, however, differences begin to appear. Helped by a multiplicity of candidates who have divided the vote, McGovern has won 10 primaries against Goldwater's unimpressive handful.

Together with the delegate harvests produced by the cadres in the non-primary states, McGovern's victories have put him near nomination. Yet the successes cannot conceal some glaring gaps. Unlike Goldwater, McGovern has not won to his side large elements of his party's establishment. Far from being ready to try something new, as were the Taft conservatives in 1964, the standaro) Democratic leaders for the most part are bitterly opposed to McGovern. While the moderates were saying in 1964 that Goldwater was a loser, his conservative backers were not convinced.

Their counterparts in the Democratic center today loudly proclaim that McGovern is a loser "too radical," too thinly based for all his victories and his delegates. Again, though the Republicans have nothing comparable to labor's muscle and money for campaigning, it is not insignificant that the potent labor Democrats are not with McGovern in force. McGovern's men think the swarms of young activists who got him this far can get him past President Nixon too. Maybe. But Goldwater's activists found winning an election much harder than getting the nomination against an unorganized opposition.

McGovern may find it the same. He may need more than lip service from labor's troops. BRUCE BIOSSAT credentials fight Biossat nomination substantial the GOP presidential because a proportion of sold his former to McGovern fori a reported! $85,000. Judge David I Bazelon cast the! deciding vote inLf! a dramatic, 2-to-1 reversal of the Anderson leadership wanted him. His support included a crucial party element, Taft-style conservatives who truly belonged in the center.

Though these forces deplored what they saw as excesses of zeal among Goldwater's far rightwing backers, they were weary of moderate candidates. These they saw as "me-too" imitators 1972 by NEA, lower court. The presidential nomination, itself, was at stake. For Bazelon's ruling gave McGovern all of California's 271 delegates, "My wife has started attending consciousness-raising sessions. I expect she'll be leaving me any day now!" Buckley Demo Confab Staffs Are Larae AAcGovern Speaks Only Part Truth By WILLIAM F.

BUCKLEY Little by little the analysis rolls in, to the considerable disadvantage of Sen. George McGovern even as he has By CARL P. LEUBSDORF MIAMI BEACH, Fla. (AP) When the wife of Owen Donley, Sen. George McGovern's convention coordinator, came to work one morning this week, she found her 10-year-old daughter Shana running the switchboard.

It was another indication that the front-running South Dakota senator, who has the most expensive logistical operation in this Democratic National Convention city, still depends heavily on volunteers young ones, especially. McGovern even has a Youth Center for his volunteers, a rented ballroom in a south Miami Beach hotel where the young nondelegates can get together and meet with gest transportation fleet of any of the candidates: 50 cars, five station wagons, four large boats, four small boats, four buses and two limousines. In contrast, Faris said Humphrey has about 15 cars and two yachts. He is renting other vehicles as needed. Asked the cost of the Minnesota senator's operation, Fairs replied, "I'm spending everything they give me.

We're doing it sort of piecemeal." Muskie who dropped his active primary campaigning in late April because of a lack of funds, among other reasons had put money aside for the Miami Beach operation. Muskie originally asked for 500 rooms, now expects to fill 800 with staff, volunteers and supporters, a staff worker said. Donley, a 48-year-old lawyer from South Dakota who was McGovern's administrative assistant for eight years, began planning the senator's Miami Beach setup five months ago at a time when McGovern's presidential prospects didn't look too good. As his chances have improved, their planning has escalated. Their first request to Democratic officials was for 60 hotel rooms; it went up to 160 even before the New Hampshire primary and has been growing steadily.

By the end of this week, McGovern staff workers and volunteers will be scattered through 550 hotel rooms in nine different Miami Beach hotels. Only Sen. Edmund S. Muskie ot Maine has more. By contrast, Sen.

Hubert H. Humphrey of Minnesota, one of McGovern's chief rivals, has cut back his room requests from 450 to 274. "The plans changed as the political situation did," said Wayne Faris, a 30-year-old St. Paul attorney, who is running the Humphrey operation. All of the candidates from McGovern to Rep.

Shirley Chi-sholm have offices in the hotels they drew by lot last February and in trailers outside Convention Hall. But the extent and costs of the logistical operations vary considerably. McGovern has his own telephone system so do Humphrey and Muskie and the big now embraced the cause of Israel more hawkishly than anyone since General Dayan, will surely, sometime before Election Day, deliver a paean Buckley on the tax loophole. whom he needed to win a first-ballot victory. Friends of the two men say the house sale was a routine real estate transaction.

Judge Bazelon also has an impeccable reputation. But even the slightest appearance of conflict has been enough for judges to disqualify themselves. After selling his home in the late 1960s, Judge Bazelon moved into an apartment in the fashionable Watergate West. A near neighbor and close friend, Sen. Abraham Ribicoff, is one of McGovern's staunchest supporters.

FOR YEARS, Bazelon's angry antagonist on the Appeals Court was Warren Burger, now Chief Justice of the Supreme Court. The two jurists became bitter enemies, who often disagreed in open court and badmouthed one another in private. After Bazelon's ruling in favor of McGovern, the Chief Justice didn't even wait to be asked before he started to consider the Democratic credentials case. Even before the Democratic National Committee appealed the ruling, Burger sent to the Appeals Court for the papers in the case. Those who know Burger say he would have enjoyed nothing more than overruling his old rival Bazelon.

This may have been the reason he was in such a hurry to review the case. THE MADCAP Yippie leader Abbie Hoffman has promised the Democrats to limit his followers in Miami to 4,000 this week. But he also said he would rally 10,000 yelping Yippies to disrupt the GOP convention in August. The brash and bubbling Hoffman confirmed to us that he has met confidentially with Democratic National Committee officials and has agreed to try to keep things cool this week. "We have promised the Democrats no trouble," Hoffman conceded.

"After all, they got us the campsite at Flamingo Park. Besides, their candidates are not what you'd call a healthy show of villains." FOR THE Republicans, however, Hoffman had no such compassion. "We have promised them tsouris!" Hoffman said. The Yiddish word means trouble, woes and worries. "I've told everybody to come if they want to, but if they can come to only one, to come for the Republicans in August," he told my associate Les Whitten.

"Right now, we're just paddling through, waiting for Big Dick. Earlier, Abbie made an unpublicized visit to Key Biscay ne where he'd heard Pat Nixon was at the Nixon compound. "You wouldn't believe it," he marveled. "All that electronic security stuff, zurrrrrn, wheeeeee, eeeeeoho. I felt I had to get a look at the nests of these birds, to understand them." POTPOURRI -Sen.

George McGovern's lieutenants have offered informally to pick up the campaign debts of his presidential rivals after the Democratic convention if he should win the nomination. McGovern has now promised over nationwide television, if Maor Hoople Way Back When From The Tribune Fiies of Years Ago com )( 'by. YpcntV don't listen to i. ON. AUNT VCRRV.Ni HIS N13S! LEANPER jMARTrtA FOR I HE NEER5 A WE ANP AN 1 LIFE PRESERVER BUS IS UNCLE HOUR TRAINED ir IN THE LEWINS BUL6VI AFTER TMEM BATHTUB! 7 MEAN 'h JhfAj7 1 rrAwtfC THE CAMP nWTTryr TIaI Wtf'Mw Af Zander CAN PAN6EWU5 criticized for any number of reasons, all of them, however, more complicated than those Senator McGovern comes up with.

That tax law reduced the rate of income taxation by 82 percent for those earning $3,000 or less; by 43 per cent for those earnings $3 5 thousand; by 27 per cent for those earning $5 7 thousand, and so on, with a reduction of 1.7 per cent for those earning $50 100 thousand; and an increase of 7 per cent for those earning $100 thousand and over, BUT THE FIGURES are tiresome, when put beside the principal point, which is that over the years Congress and the Executive have done what they thought best to affect the allocation, of resources. The Mellon Bank's economic newsletter sums it up: "For example, it (the tax law) is used to encourage home ownership, to lower the cost of borrowing to state and local governments, to increase the value of retirement and unemployment benefits, to lower the cost of medical care, and to encourage private philanthropy. Reasonable men can disagree on whether or not the individual income tax law is the proper vehicle through which such objectives should be accomplished. But it is clear that proposals to abolish the existing set of tax preferences, unless accompanied by other positive measures, imply a repudiation of the objectives which originally led to the establishment of the preferences." It is quite literally that simple: Should Congress, or should it not, encourage married couples, home owners, the sick, the economically venturesome? Candidate McGovern will in due course need to face up to the consequences of his rhetoric. July 10, 1887 The young men of the city are organizing a gymnasium and already over 18 members have been secured.

A suitable room will be rented and will be fitted up with the most modern contrivance for the development of physical manhood. July 10, 1907 Rudy Patzman is building him a neat home on Fifth Street just south of Judge Newton's. The Foley, Cartens, Smith and Jones homes are all under roof and the interior work is progressing nicely. The youngsters composing the "in-vinceables" ball team are greatly pleased over the readiness with which the people subscribed to the fund to purchase uniforms for the members of the club. The Washburn Lignite Coal Company has built a new brick office on Broadway near Ninth Street and will soon occupy it.

July 10 1917 Ft. Lincoln was officially designated as the mobilization point for all North Dakota troops in orders received at the adjutant general's office. Simultaneously came instructions from the War Department at Washington to call the state troops into federal service July 15. The constitutional inhibition against use of militia outside the county has been avoided by the insertion of a clause in the proclamation specifically discharging the forces from their militia status. Harry S.

McLean, graduate of Bismarck High School and now with the Cook Construction Co. at Montreal, has been elected honorary lieutenant colonel of the No. 2 overseas construction corps battalion, one of Canada's crack engineering organizations. July 10, 1957 The Bismarck City Commission adopted a substandard dwelling ordinance Tuesday evening despite charges by opponents that the city was setting up standards for "push button" homes. The ordinance provides that the city board notify a building owner of possible violations and then hold a fact-finding hearing.

A fortnight ago Mr. Stewart Alsop reported that a big McGovern backer from California, who had made a fortune in computers, consulted his computers, feeding them one of Senator McGovern's formulas for bringing wealth to the needy, and discovered that $42 billion was missing. I.e., that just one of the redistributionist schemes proposed by Senator McGovern was underfinanced by a mere $42 billion. The backer was not the man best suited to question the reliability of computers so it is not known whether he will finally back off from his computers or from his candidate. Now the Economics Division of the Mellon Bank in Pittsburgh, in its news letter, makes a few gentle comments about the loopholes Senator McGovern is forever talking bout.

Do you remember the one about all the people who reported gross incomes in excess of $200,000 in 1970 who paid zero taxes? High indignation set in every time Senator McGovern mentioned the matter. What he did not mention is that there were exactly 106 such cases, and that a study of them reveals that the overwhelming majority either a) paid taxes to foreign countries receiving the usual tax credit; or b) paid state taxes, or c) had deductions sanctioned by law. Senator McGovern also did not mention that there are in fact 15,000 American citizens who reported incomes in excess of $200,000 who did pay income taxes, at an effective tax rate of 44 per cent. NOR DOES Senator McGovern stress the use of loopholes to people who are not necessarily rich. For instance, the joint return permitted husband and wife, in the absence of which loophole the Government would realize six to ten billion dollars in additional revenue.

The new tax law of 1969, regularly disparaged as a rich man's tax law, deserves to be The Art Buchwald Column By ART BUCHWALD WASHINGTON Everyone has his own scenario for this week's Democratic National Convention. The way things have been going with thp nartv. one -k 1 draft. Yet, the leaders argue he is the one person who can save the party. This young man, whose name had been associated with a very embarrassing incident, is a household word now.

O'Brien puts in a call to him. Everyone, in turn, gets on the phone and tells him he has to be the candidate. The compromise candidate speaks to George McGovern, Humphrey, Muskie and Wallace. They urge him to run. The candidate finally as? scenario has asMrV'r much validity the next.

This the one that I seats to those who were officially designated as delegates to the convention. Almost every state delegation has two people sitting in every chair. No one dares leave the floor for fear that someone will grab his seat. When someone tries to speak he is hooted down by the opposition faction. Larry O'Brien, the chairman of the party, has the podium ringed with the National Guard so no one can grab the microphone.

The nomination speeches have not been heard, but the candidates have been nominated McGovern, Humphrey, Wallace, Chisholm, Jackson and Muskie. There have been no demonstrations for the candidates in the hall because everyone is afraid if he gets up and marches they won't let him back in his section again. On the first ballot McGovern picked up 1,234 votes, well shy of the 1,509 he needed. The rest were split between the other candidates with the uncommitted refusing to vote for anyone. The second and third ballot found no one budging.

By the tenth ballot of Wednesday's all-night session, the convention was hopelessly deadlocked. The state delegations caucused right on the floor, trying to get people to change their minds. But it was impossible. On NBC, John Chancellor and David Brinkley became short-tempered and refused to talk to each other. Howard K.

Smith and Harry Reasoner on ABC were also not speaking to each other, and on CBS, Walter Cronkite, wasn't talking to himself. It was obvious to everyone in and out of the convention hall that a compromise candidate had to be found one who had not already been nominated. But who? The Democratic Party leaders call a recess behind the podium. They argue and thrash it out for several hours. The only man whose name is proposed as the compromise candidate is a very famous, but controversial, figure on the American scene.

He has announced many times that he is not a candidate for the Presidency or the Vice Presidency, and has said under no conditions would he accept a have written and if it comes true, WHEN HE DOES so, I for one, wish that he might say something truly radical. Namely that it is not the proper business of Government to attempt to manipulate human economic behavior by a tissue of built-in biases in the tax law. The trouble with the idea of making justice via tax laws is that one never really knows what it is that one is accomplishing; who it is that one is hurting. Professor Friedman has over and over again demonstrated that efforts by the Government to give the little man a break by this or the other welfare subsidy end by hurting him. he nominated, to keep Larry as Democratic agrees to a draft and says he i will take the nPt ia National O'Brien Chairman.

But p.u.n. iU Miami. remember, you read it here. It is the fourth day of the convention and the Democrats have been unable to decide on a presidential candidate. The fight to seat delegations has taken up three days and those people who were ruled ineligible have refused to give up their privately, McGovern isn't happy with O'Brien and originally planned to replace him.

When word leaked out, however, the uproar among party regulars forced McGovern to change his plans. And that's how Bobby Fischer, the U.S. chess champion, became the Democratic presidential nominee for 1972..