OPINION PAGE THURSDAY, APRIL 29, 1976 Editorial Comment. Interpretation of ERA requires understanding of legislative history (Editor's note: The following is the first of a two-part editorial concerning the proposed Equal Rights Amendment to the Constition). On March 18 the Daily Journal printed an editorial in support of the Equal Rights Amendment which drew sharp criticism from Sen. Florian Chmielewski and Rep. Glen Sherwood, both of whom support a move to rescind Minnesota's ratification of the amendment. They claimed that the ERA (three sentences long) is not nearly as clear as it appears on the surface and suggested further research might enlighten the Journal's editorial department. They were right. Yet after studying nearly 200 pages of evidence, both pro and con, in various legal journals, the answer comes up the same — the ERA is a needed amendment and it ought to be ratified by every state. What the ERA basically says is that equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. Citing a Yale Law Journal article, which stated "... the constitutional mandate must be absolute," Chmielewski reasoned that all distinctions between the sexes would have to be abolished. On the surface that would appear to be the case. But attorney Ruth M. Ferrell, writing in "The Urban Lawyer," observes: "The legislative history of the ERA in the 92nd Congress, when it was passed overwhelmingly, indicates that the standard of in- 1 terpretation intended by Congress is absolute, with certain narrow qualifications." Yale Law Professor Thomas I. Emerson writes that one such qualification is called the "subsidiary principle," which permits laws dealing with a physical characteristic unique to one sex. The amendment would also be subject to qualifications referred to in the Senate Report as "two collateral legal principles," consisting of the traditional power of the state to regulate cohabitation and sexual activity by unmarried persons and the constitutional right to privacy. Those are important qualifications which indicate that Congress certainly did not intend by this amendment to eliminate segregation of the sexes in Elections in Lebanon are set this weekend We're not rtlltJ tk Intelligence Community'ftr hotting." BEIRUT, Lebanon (APf- Ubanon's pro-Syrian Moslem parly threatened today to take up arms against Kamal Jumblatt's leftist Moslems if they try to delay the presidential election Saturday. "We shall prevent the left by force of arms from delaying the election of a new Lebanese president," said Assem Kansou, secretary-general of the Legislative plan rejected MADISON, Wis. (AP)-The Democratic-controlled Senate Organization Committee has defeated Republican effort to have the legislature decide items to be considered in a special session. The assistant GOP minority leader, Walter Chjlsen of ' Wausau, said he did not want legislates to wait for Gov. Pal. rick J. Lucey to decide which items are to be on the agenda. Chilsen's motion failed 3-1 Tuesday on a party line vote. A session of the legislature to consider I.ucey's vetoes has been set for June 15-17. The Democratic governor may include other 'items for that session, or for another that could be summoned earlier. Chiisen proposed to the organization committee that the legislature include f our iems: A stronger open-meetings bill, unemployment compensation law changes;, revision of the state's lobbying law and revisions in campaign finance laws. Ubanese branch of the Baath Socialist party which rules Syria, Jumulati's leftist alliance charged on Wednesday that Syria would exert too much influence on the voting if the 99- member parliament met this weekend to choose Christian President Suleiman Franjieh's successor. "It is imperative that (he date be postponed until the pressure is removed so parliament can act freely," the leftists said. • Fighting escalated during the night. Kansou charged the leftists were responsible. He said they were trying to "trigger off a full-scale new round of fighting to prevent the election session from taking place." Police said at least 100 persons were Killed and 129 wounded during the past 24 hours. But they said this was only a rough estimate. Since the civil war began in April 1975, more than 17,000 persons have been killed, according to conservative estimates, Mortar and rocket duels in downtown Beirut continued during the morning. There were heavy artillery exchanges in neighboring mountain towns and in northern Lebanon. After weeks of demanding Franjieh's immediate replacement, Junibtatt apparently believes that ah- election this weekend would be won by Elias Sarkis, the governor of the central bank. The Moslem socialist leader favors Raymond Edde, a Christian who heads the National Bloc party. Syrian President Hafez Assad is opposed (o Edde because he has attacked the Syrian intervention in l/cbanon. Assad also wants a president who is not under obligations to Jumbtalt because he wants a 50-50 division of power between the Christians and Moslems and the restoration of I/cba- non's capitalist economy. Jum- blatl wants majority rule, which would put the Moslems in full control, as the first step toward a socialist state. Sarkis, a Christian who lost the presidency by one vote to Franjieh in 1970, told a news conference Wednesday he was not aware of "any formal Syrian support in my favor. But I certainly welcome Syria's support gratefully." The right-wing Christian Phalange party announced its support of Sarkis, and Franjieh also endorsed him. Syrian Foreign Minister Abdel Halim Kbaddam charged that JumMatt was "effecting a virtual partition of Lebanon" by setting up an independent administration to run the areas of the country under leftist control. Jumblatl claimed recently that the leftist alliance has taken over 80 per cent of the country. But Syria has 6,000 troops in border areas inside Lebanon and controls some 7,000 njem- bers of the Saiqa Palestinian guerrillas who hold'various strategic points. The Syrians also are the chief arms supplers of both the Lebanese Moslems and the Palestinian guerrillas allied with them. They have cut off supplies to Jumblatt's men to prevent his winning a military victory over the Christians. •Strictly Personali Thoughts at large By Sydney H.Harris Capifof four plan revised when a candidate attacks — "If you like that type" means "If you had any taste, you wouldn't like that type." — I have never understood why auto dealers expect their customers to advertise their companies on the cars' trunks without exacting a 'monthly prisons, reform schools, public .restrooms and other advertising rental fee. public f acih'ties, as Rep. Sherwood insists would •- when a candidat Cpen if the ERA passL £-« g*£ These exceptions were discussed and explicitly good party members to support recognized throughout committee hearings and floor debates, including the right to privacy. Writes attorney Ferrell: "A proposed amendment expressly providing that the right to privacy would be preserved was rejected by the Senate, indicating that the Senate did not consider it necessary to state such an exception expressly in view of the already existing constitutional right of privacy." cynicism and disbelief in the voters. — Poets and lyricists have dwelt too exclusively on the pain of "missing" someone — but it is the people who don't have anyone to miss who are the saddest. — For every one person who reads a book in order to think, a dozen read in order to avoid thinking (else why would Agatha Christie be the most popular author of our century?); there is obviously an alcoholism of the mind just as there is of the body. — Knowledge of probability theory has never inhibited any statistician from complaining Malcolm de Chazal, who observed: "In mixed company, women practice a sort of visual shorthand, which, later, they will laboriously and lengthily decode in the company of other women." , — When an orator or a writer begins a statement with the phrase "History tells us ..." what he commonly means is "A particular historian, with whose views I happen to find myself in agreement, tells us — Everyone considers himself above the average in certain aptitudes he is proud of; for instance, 72 percent of all motorists consider themselves "above average" in driving ability, which is a mathematical impossibility, as well as a psychological delusion. — Whom the gods wish to destroy, they give .charm without persistence. — It is the irony of our time that the man who is most fervent in his protestation of "individualism" is often the one most heavily dependent upon corporate benevolence. — The vagaries of politics WASHINGTON <AP) - The red-coated guides who have steered visitors through the marble halls of the U.S. Capitol for nearly 100 years are being replaced by a do-it-yourself tour system. The men and women guides still will be around to help tourists, but they won't be walking Emerson elaborates on this point by citing the case of Griswold vs. Connecticut in-which the Supreme Court in 1965 recognized an independent constitutional right of privacy derived from a combination of various more specific constitutional guarantees. "Thus I think the constitutional right of privacy would justify police practices by which a search of a woman could be performed only by another woman . . . and a search of a man only by another man," says ' *a* he holds "poor cards" at become more intelligible when Fmpr«;nn "Similarly the rieht nf nrivacv would brW S c - we resign ourselves to the truth tmerson. bimuariy, ine ngm 01 privacy wouiu _H OW women can chew over of Muno'sobservation: "People permit, perhaps require, the separation of the sexes a dinner pa rt y or a dance at vote ^^ rese ntmenis, not in public restrooms, segregation by sex in sleeping great verbal length afterwards, their appreciation — we do not quarters of prisons or similar public institutions, and while the men are oblivious to it vote for anything as much as a certain segregation of living conditions in the ar- aU . was °«atly "Pained by we do against something else." med forces." Concludes Emerson: "The great concern over these issues expressed by opponents of the ERA seems to me not only to have been magnified beyond all proportion but to have failed to take into account the impact of the young, but fully recognized, constitutional right of privacy." Ferrell, again writing in "The Urban Lawyer," also referred to the "subsidiary principle" discussed by Congress. "It is grounded in the legislative history and was explained as pertaining to a characteristic found in all (or some) women and no men, or in all (or some) men and no women," she explained. "Since the physical characteristic is unique to one sex, such legislation (pertaining to unique characteristics! cannot be said to deny equal rights to the other sex." Emerson cited examples of permissible laws under this principle which would include those dealing with rape, paternity, and homosexual relations. Nor will the ERA have any effect on laws regulating or prohibiting abortion under the "unique physical characteristic" principle, Emerson states. Regarding rape, Fcrrell quotes the Senate Report which specifically stales that ". . . the amendment will not invalidate laws which punish rape, for such laws are designed to protect women in a way that they are uniformly distinct from men." If rape is defined according to the definition found in most slate laws, that is, the forcing of sexual intercourse by a man on a woman, wilhoul her consent, such laws will remain valid under the ERA, says Ferrell. (A legislature could also extend rape laws lo cover designated sexual assaults on all persons, male and female). Ferrell adds a final, important point regarding Ihe Congressiona] debates on the ERA: "The courts traditionally accord substantial weight to the views ^^ ^^ momH-.orsoiwswnuai expressed by the proponents in the congressional ^"dl^were^nUi^^om'sctorf 1 legislative history ... in applying constitutional TheBeckwitteweremarriedonlyafewdays.A amendments." honeymoon in a pest house has a melancholy FERGUS JOURNAL COMPANY Established 1673 Charles Underwood, Publisher George Marolteck, Business Mgr.-James Gray, News Ed. Glenn E.Olson, Advertising Mgr. jb.yrf tif Fe-;j* JO,*™' C= It w E Cl-a;*-. ftg. Fef^i Fa'Ii. H Jv. swy. cs Iv . trci S-rvdj r* a-*J no" =3.1 SKSr-d cl«s PCs'*;* P»-<J at Fprg,* Fi.1 w ,--• SL'BSCRIPTIONRATES *l.vercOCVcarr fr.««0«r f^o B/ n>a I * *Jva-*« M-fv-MO'a. 1 tt . IK ». irpol HOC 3 ** u M O'rer \'t!n 1 rr til X. if« .11' W Jrros .i? W * no. Wi-.< Acs. Si.CKr : plicrt. Letters to the Editor Barton cited as excellent candidate To the Editor: I am delighted that 12 citizens of our community have filed as candidates for the upcoming school board election. The voters will certainly have a choice as to who they want to represent them on the Board. I feel John Barton would make an excellent member of the board. He has a degree in education, has been active in our elementary, and high schools. His experience in Boy Scouts will be tn aid to him also. As a member of the Board of Education of OLV school he demonstrated good sound financial sense but did not use Ihe dollar sign as the only means of determining policies for the board. I believe he would support quality educational endeavors and still be aware of the cost to the taxpayers. Virginia Robertson 509 S. Union, Ave. Fergus Falls King Gustaf tour ends NEW YORK (AP)-The 29- year-old King of Sweden has wound up an official 27-day Bi- cenlennial visil to the United States. around with them to explain the sights as they have in the past. A new system of self-guided tours began on a trial basis Wednesday. Tourists are given a special descriptive brochure and are expected to make their own way through the Capitol. Guides will be stationed throughout the House and Senate sides of the Capitol and will be available to give directions or answer questions. Several years of planning culminated in the change from guided tours, according to Kenneth R. Harding, sergeant-alarms for the House and chairman of the Capitol Guide Board, a three-member panel that runs the program. Harding said in an interview that the guided tours had to be replaced because there were not enough guides to handle the millions of visitors expected at the Capitol during the Bicentennial year. The new system directs visitors along a nine-stop walking tour. The brochure provides a description of each stop along the way and is obtained free in the rotunda where guided tours used to start. Under the old system, guides took large-groups of visitors with them along a specified route with stops for explanations, then led them into both the House and Senate chambers to watch lawmakers at work. Under the new system, visitors can wander wherever they want or can follow the route plan printed in the visitors' brochure. Several tourists, asked about the new system on its first day of operation, said they would have preferred a tour guide. One woman commented, "The quality of service around here has gone to pot." Harding says the system still is being tested and that only enough brochures were printed for 10 days. lie said the Guide Board will assess the first three days of the new system and to see whether any problem areas can be worked out. •Merry-Go-Round" Zarb on way out? By Jack Anderson WASHINGTON—In the back agency and his job. One Senate rooms of Washington, the long knives are out for the Federal Energy Administration and its beleagured boss, Frank Zarb. The oil industry, aided by a number of key Administration officials, is seeking to dismantle the agency and • scatter its duties to other •agencies. At the very least, they want Zarb out as energy czar. The capable Zarb has already" lost much of his influence in White House inner circles. President Ford used to call him to the White House to consult on even the most minor energy matters. But now the While House has cooled toward the energy chief, and he has to compete for presidential lime like any other agency head, Zarb's prestige dipped after he pushed the President into signing the controversial Energy Policy and Conservation Act, legislation that Big Oil abhors. The law called for oil price hikes to be phased in slowly, thus helping the President on the economic front by controlling inflation. But it infuriated the oil men, who wanted higher prices immediately. They raised a howl about Zarb - and the FEA in general — with their friends in Ihe White House and Treasury Department. Stung by the criticism, Zarb quietly discussed resignation with Ford. But he decided to stay on a I the President's urging. Now high-level sources say that Zarb may be forced out to placate the President's oil industry supporters, particularly if Ronald Reagan beats him in the crucial Texas primary this Saturday. Intimates say that Zarb now has his dander up, and does not intend to go to slaughter quietly. He plans to fight for his They'll Do It Every Time n F Seventy-five years ago —• 1901 : ive more sent to quarantine The quarantine station a mile or two east of the city received quite a consignment of inmates yesterday and today. One of the Pearson boys is ill with what seems to be smallpox and he was sent to the station. Mr. and Mrs. Frank Beckwith and Ralph tjgntfool who had been visiting the Pearsons also were sent (here when they failed to remain at home as ordered. A man named Durant and another named McCulloch also were taken to the station. The origin of the presenl difficulty is being discussed. Bert Hagdorn became ill a few days after he returned from a Wisconsin lumber camp and had attended a dance at McCulloch's. Parties who have since come down with smallpox also were at the dance. As a precautionary measure all the children, (from the Daily Journal for April 29-May 5,1901) aspect. CITY LOCKUP CRITICIZED Secretary Jackson of Ihe state board of corrections and charities has suggested in his report that a new lockup should be built at Fergus Falls. If a new lockup is not built it seems likely the old one will be condemned. POST OFFICE SITE ENLARGED , The Treasury Department has purchased 45 feet of property adjoining the public building site, giving the site 215 feet of frontage on Mill Street. Secretary Gage says it is now one of the finest public building sites in the northwest. JAMES FERGUS IN SSTH YEAR We have received a copy of the Fergus County Argus printed at Lewislown, Mont. Among the portraits is one of James Fergus for whom Fergus Falls is named. He is now in his 88th year and the picture shows he has aged quite a good deal. JHG FEELING FCC THE RETURNS RETIREE-• sca LAOY GOT CABM FEVE?THE/CAN'T STA'O 8:.SJ' ttJOPEPUP sympathizer pointed out that (he feisty administrator does have a trump card to play: "If they fire Frank now, it'll be obvious that 'Oil' is behind it. And the voters will see it as a cave-in by Ford." Indeed, close friends say that Zarb is so angry about tne backstabbing that lie may disclose just how the Ford Administration has secretly- catered to the oil men. Zarb's firepower within his own agency, however, may not be as potent. While he has been out preaching the Administration's gospel, deputy administrator John Hill has quietly taken over the day- to-day operations. Hill is a polished Texas technocrat who is more palatable to the energy titans than Zarb. For example, speaking before the industry-controlled American Gas Association, Hill went well beyond the call of duty to exclaim that "Congress can and must..end the tragic history of federal regulation." He 1 told the delighled gas producers that, "We need complete deregulation of the wellhead price for all new natural gas." Hill has been bolstered within FEA by three former Nixon campaign aides who suddenly appeared on the scene at the lime Zarb was first losing his White House influence. Thus, the rise of the Hill clique, and the influence of Big Oil have combined to isolate Zarb from the agency he is trying to preserve. Footnote: Zarb refused to comment. Hill pointed out that he supported his boss during the fight over the Energy Polky and Conservation Act, and claimed thai "if Frank Zarb wenl out the door, I'd go out the next day." PHILIPPINE BRIBE: Last July, we produced documents revealing lhal Ihe Philippine government offered a $50,000 bribe to keep a witness from testifying before the U.S. Congress about Philippine strongman Ferdinand Marcos. The witness, Primitive Mijares, a former Marcos aide, rejecled the bribe and went ahead with his testimony. The man who set up the bribe, Philippine consul general Trinidad Alconcel in San Francsico, skipped-the country after our story broke. We can now report that he has quietly returned as Ihe high-living Philippine consul in Honolulu. The State Depart- menldidn'l lift-a finger to block Alconcel from the Honolulu post. And the Justice Department has stalled the bribery- investigation. Even Rep. Don Fraser, D- Minn., who headed the House committee before which Mijares appeared, has done little more than write a few- notes and make a few calls lo get lo the bottom of Ihe bribe attempt against one of his witnesses.
What members have found on this page
Get access to Newspapers.com
- The largest online newspaper archive
- 11,100+ newspapers from the 1700s–2000s
- Millions of additional pages added every month