The Los Angeles Times from Los Angeles, California • 1

FINAL ONE OF THE WORLD'S GREAT NEWSPAPERS LARGEST CIRCULATION IN THE WEST, 1,020,479 DAILY, 1,289,183 SUNDAY VOL. XCVI EIGHTEEN PARTS-PART ONE 418 PAGES SUNDAY MORNING, FEBRUARY 13, 1977 CCt Copyright 1977 Lot Angelei Timet SUNDAY 50c Brown Picks Woman, Black for High Court Smaller Juries: Can 5 Persons Be Enough? Critics Uncertain of Fairness; Defenders Emphasize Efficiency A if ri 4 A TRICKLE Flume of west branch of California Aqueduct, where it enters Pyramid Reservoir near the Ridge Route, is nearly empty after water district cut flow to assist Northern California. Times photo by Art Rogers Bradley Urges Voluntary 10 Cut in Water Use Asks City Residents to Take Conservation Steps Now to Avoid Any Mandatory Rationing in Drought First Such Choices in State; Rose Bird to Be Chief Justice BY GENE BLAKE Times Legal Affairs Writer Gov. Brown Saturday chose the first woman and the first black for membership on California's Supreme Court, naming Rose Elizabeth Bird, 40, as chief justice and Alameda Superior Judge Wiley W. Manuel, 49, as an associate justice.

Ms. Bird, of Sacramento, who has been secretary of agriculture and services in Brown's cabinet for the last two years, would become only the second woman in the nation to head a state supreme court. Chief Justice Su- Bird appointment expected to add new dimension to court. Page 3. sie M.

Sharp of North Carolina was the first in 1975. Manuel, of Oakland, has been an Alameda County Superior Court judge for the last year and previously served 22 years in the state attorney general's office. Brown said both nominees would inject a "good sense of balance" and "wisdom" on the court. Ms. Bird said she was "deeply honored that Gov.

Brown has nominated me chief justice of the California Supreme Court to follow in the footsteps of such eminent jurists as Phil Gibson, Roger Traynor and Donald Wright." "Naturally, I hope to prove worthy of that trust," she said. "The California Supreme Court is considered the most outstanding state supreme court in the United States. Upon confirmation, I intend to dedicate all my energy and ability to insure the continuation of that excellence." Manuel, less prepared than Ms. Bird for the appointment, said he learned of it only when Brown called him Saturday morning and that the nomination came as a "real surprise and shock." The appointment of Ms. Bird came as no great surprise, her name having figured prominently in public speculation for several weeks.

However, Manuel was relatively unknown and speculation had centered on more prominent black and Mexican -American judges and lawyers for the second spot. Brown nominated Ms. Bird to. succeed Chief Justice Donald R. Wright, Carter Links With Issue of OLIVER Writer BY PHILIP HAGER Times Staff Writer WASHINGTON Only five persons were on the jury that convicted Claude D.

Ballew in Fulton County, Ga of distributing obscene material, The Fulton County court, like a growing number of other state and federal courts, is permitted to impanel juries of fewer than 12 members-representing a steady departure from an Anglo-American legal tradition traceable to the 14th century. And, as the size of some American juries has diminished, so has the customary requirement of unanimous, verdicts in criminal cases. So far, the U.S. Supreme Court has approved the trend, upholding both nonunanimous, majority verdicts and juries as small as six members. Now, in the Ballew case, the court has agreed to decide whether a jury of five is constitutional and thus has reopened a controversy over whether justice is being sacrificed in the name of trial speed and efficiency.

Critics of the trend say that, taken together, smaller juries and non-unanimous verdicts reduce the chances that a jury will represent a cross-section of the community, engage in full deliberations and reach a just verdict. A jury of 12, requiring unanimity, is more likely to be certain of its verdict, these critics say. "It's really a mockery," said Dr. Alice M. Padawer-Singer, a Columbia University social psychologist who has been codirecting a long-term study of smaller and nonunanimous juries.

"The trend in this direction is an erosion of justice." But some authorities support the trend, saying it reduces the likelihood of deadlocked juries, speeds the system and saves money for taxpayers. They doubt that there is a real difference between verdicts reached by a jury of six and those returned by a jury of 12. And requiring unanimity, they say particularly from a jury of 12 increases the chances that one juror can thwart a clear majority and force a mistrial. "I can see no disadvantage in it," said Asst. Atty.

Gen. Thomas H. Den-ney of Oregon, a state that permits both smaller juries and nonunanimous majority verdicts. "The argument that there's less of a cross-section and less deliberation is terribly speculative. No one has demonstrated that really happens." Denney notes also that in rendering majority verdicts, juries in criminal cases must still be satisfied of guilt beyond a reasonable doubt a heavy burden of proof that is placed on the prosecution.

(Twelve-member juries in Oregon must reach their verdicts in criminal cases by a majority of at least 10 to smaller juries must be unanimous.) Whether the trend to smaller juries will continue could depend largely on the Supreme Court's ruling in the Ballew case. Ballew, manager of an "adult" Please Turn to Page 22, Col. 1 Arab States Curb Lebanon Activity of Palestinians BY STUART AUERBACH The Washington Post BEIRUT, Lebanon-The Arab states Saturday imposed strict curbs on Palestinian political and military activities in Lebanon as part of the campaign to control the Palestinian forces. The new rules take away the Palestinians' last bastion of military and political freedom in the Middle East. Since they were thrown out of Jordan six years ago, the Palestinians have used Beirut as headquarters for all their major leaders and groups.

But the four-power committee named by Arab nations to supervise the peace in Lebanon Saturday approved regulations that would take away the Palestinians' right to keep arms in their camps, restrict their guerrilla presence to a still unspecified area near the Israeli border and make them financially responsible for any damage suffered by any Lebanese from Israeli raids mounted in retaliation against Palestinian activities. The new rules will curb the freedom of speech of Palestinian leaders within Lebanon and, as a further blow to their prestige in the Arab world, Palestinian leaders will be forbidden from having more than two armed bodyguards. Some leaders have traveled with up to a dozen guards. The regulations are the first formal acknowledgment of a policy that the Arab nations began four months ago in an effort to control the Palestinians politically and militarily. Fierce clashes between Palestinian forces and Syrian troops of the Arab peacekeeping force in southern Lebanon Thursday and Friday signaled the beginning of the crackdown.

The process of bringing the Palestinians to heel in their camps around Beirut has already begun, said Egypt's Ambassador Ahmed Lutfi Mitwalli, a member of the four-power committee. The other nations repre- Please Turn to Page 9, Col. 1 Rose Bird Wiley W. Manuel AP photos who retired Feb. 1.

Manuel was named to replace Associate Justice Raymond L. Sullivan, who retired Jan. 19. Salary for chief justice is $66,869 and that for associate justice is annually. Both nominations are subject to confirmation by the Commission on Judicial Appointments, consisting of Acting Chief Justice Mathrew O.

To-briner, Atty. Gen. Evelle J. Younger and senior Presiding Justice Parker Wood of the 2nd District state Court of Appeal in Los Angeles. Asked Saturday about a Times report Friday that Brown had privately lobbied commission members for their Please Turn to Page 27, Col.

1 Ties to Cuba Human Rights leader had suggested that U.S. -Cuban relations might be improved now that Carter is in the White House. "I would hope that his statement could be followed up with a mutual desire to relieve tension and reduce animosity," Carter said. On his first morning back in Plains since he became President, Carter took a pre-breakfast stroll down the block-long main street, blending serious talk about diplomacy and energy with a lighthearted recitation about life in the White House for his stay-at-home relatives. The President coupled his criticism of human rights violations in Cuba with praise for Prime Minister Indira Please Turn to Page 23, Col.

1 for Impact splash and run the biggest risks so far, by plunging into a major House controversy and putting his abilities as a congressional operator to the test. "If you want to get something passed here, you're essentially going to people, sitting down and trying to convince them," Panetta said last week. While other first-termers were still testing the leather chairs in their offices, Panetta was taking on the House leadership and winning. He was instrumental, just 22 days after taking office, in dumping Florida Democrat Robert L. F.

Sikes from his powerful appropriations subcommittee chairmanship. Even though Sikes was supported by House Speaker Thomas P. O'Neill Jr. Panetta circulated a "Dear colleague" letter to freshman congressmen to marshall them Please Turn to Page 24, Col. 1 BY NORMAN KEMPSTER Times Staff Writer BY MYRNA Times Staff Mayor Bradley called on Los Angeles residents Saturday to voluntarily reduce their consumption of water by 10 because of drought conditions in Northern California.

He was joined in the plea made at a City Hall press conference by officials of the city Department of Water and Power and the Metropolitan Water District of Southern California. "I would like to see us avoid any mandatory rationing," Bradley said. DWP General Manager Louis Win-nard said city residents currently use 179 gallons of water per person per day, in contrast to the 47 gallons now rationed to drought-stricken Marin County residents. Bradley said each person should attempt to lower consumption by 17.9 gallons daily to avoid future shortages here. Winnard and MWD board Chairman Howard H.

Hawkins conceded that lowering water use could increase rates to consumers. "The fixed costs of operating any company essentially remain the same regardless of volume," Winnard said. Bradley urged residents to take shorter showers, water lawns only once a week, fix any dripping faucets and run clothes washing machines or dishwashers only with a full load. He said Los Angeles consumers successfully reduced consumption of electricity 17 during the energy crisis of 1974, and he felt confident they will respond to the call for voluntary rationing of water. Hawkins said the MWD is increasing its draw on water from the Colorado River to the maximum in order to Lusaka A Bulawayo BOTSWANA LINK Map shows Rhodesian railroad regarded as "lifeline." Times map South Africa, another white government holding at bay its black majority, cooperates by accepting the Please Turn to Page 8, Col.

1 i a i Salisbury yRH 0 8 I A If SOUTH Gaborone AFRICA J' Pretoria Johannesburg reduce consumption of water from Northern California. Hawkins said the MWD first began cutbacks about a month ago. The district normally receives 700,000 acre feet of water annually from Northern California, he said, but this year has voluntarily agreed to leave 400,000 acre feet of that in Northern California. He said 300,000 acre feet already is stored in reservoirs south of the Tehachapis, and that flows from the northern supply have been slowed to a trickle. DWP Commissioner Patricia Nagel warned that runoff from lighter snows in the Sierra will be only 20 of normal this year, reducing the city's Owens Valley water supply.

In the long run, officials said, Northern Please Turn to Page 3, Col. 5 Energy Goals Held in Conflict Congress Warned It Faces Hard Choices BY ROBERT A. ROSENBLATT Times Staff Writer WASHINGTON The United States cannot have cheap fuel, a clean environment and protection from foreign petroleum imports all at the same time, according to the Congressional Budget Office. The goals are desirable but directly contradictory, and Congress faces the hard task of choosing among them, the office said Saturday in a report on energy policy alternatives. "The low-priced abundant supply of energy is no longer available nor is it ever likely to be again," Alice M.

Rivlin, director of the agency, said. "The problem is more fundamental than the temporary cold weather." As a nonpartisan adviser of Congress, the Budget Office provides the lawmakers with background papers and studies but never submits recommendations. Thus, its 83-page survey of energy policy pointed up the Please Turn to Page 17, Col. 1 FEATURE INDEX ART. Calendar.

AUCTIONS. Part 2, Pages 4, 5, 6, 8. BOOKS. Calendar. BRIDGE.

Home Magazine. CHESS. Part 1-A, Page 6. CLASSIFIED SECTION. CROSSWORD.

Calendar. DRAMA. Calendar. HOME MAGAZINE. METROPOLITAN NEWS.

Part 2. MOTION PICTURES. Calendar. MUSIC. Calendar.

OPINION, EDITORIALS. Part 6. OUTLOOK, BUSINESS. Part 5. RADIO.

Calendar. REAL ESTATE. Part 8. RESTAURANTS. Calendar.

SPORTS. Part 3. TELEVISION. TV Times. TRAVEL.

Part 7. VITALS, WEATHER. Part 2, Page 2. WOMEN'S. View, Part 4.

BLACK-WHITE INCONGRUITY Train Still Links Feuding Botswana and Rhodesia CALIFORNIANS TAKE DIFFERENT PATHS House Freshmen Striving PLAINS, Carter said Saturday that he would be prepared to end a generation of U.S. animosity toward Cuba if Premier Fidel Castro's government would ensure the human rights of its own people. "The main thing that concerns me about Cuba is the human rights questionpolitical prisoners and so forth," Carter told reporters during a walk-and-talk press conference on the main street of his hometown. Standing in front of the old Plains railroad station, which has been turned into a souvenir shop and decorated with a fiberglass peanut, Carter responded to a diplomatic overture that Castro had made last week in an interview with Bill Moyers on U.S. public television.

The Cuban ferent attitudes, ambitions and political backgrounds are approaching the task in four different ways. What they have in common, however, is that, as they struggle with the trivia of getting settled, all are inescapably doing things that may permanently shape their futures here. The four are Robert E. Badham (R-Newport Beach), Anthony C. Beilenson (D-Los Angeles), Robert K.

Dornan (R-Los Angeles) and Leon E. Panetta (D-Carmel). Panetta has made the biggest THE WEATHER National Weather Service forecast: Sunny today and Monday with highs both days in the low to mid 80s. High Saturday 86, low 54. Complete weather information and smog report in Part 2, Page 2.

BYJACKFOISIE Times Staff Writer FRANCISTOWN, Botswana-When the Rhodesia Mail a passenger-freight train running from South Africa through Botswana and into Rhodesia made its early morning stop here, about 30 young blacks disembarked. They had been recruited in South Africa for "the cause" and were bound for a training camp to learn how to fight white Rhodesians. And it is white Rhodesians who run the railroad. This is but one example of the mutual accommodations between Rhodesia and the surrounding black-ruled states that support the insurgency against the white-minority regime in Salisbury. The Rhodesian government owns and operates the entire Bostwana railroad system, but it has no control over who rides the trains.

Rhodesia continues to operate the train through increasingly hostile Botswana because the railroad is a "lifeline," carrying out Rhodesian exports and bringing back vital imports. BY ELLEN HUME Times Staff Writer WASHINGTON-California's four freshman congressmen have solved the mysteries of the Rayburn House Office Building's labyrinthine garage, the maze of tunnels beneath the Capitol and the House bell system. But they still face the toughest question: will they actually be able to get anything done here? The answer has already begun to take shape in their first five weeks on the job by their committee assignments, their staff choices and most important of all by their impact on the other 431 members of the House. Reputations, good or bad, can be made very quickly here. And they are crucial to the legislative process.

There is more than one way to build an effective place in the House, of course, and California's new congressmenfour men with widely dif.