The Salt Lake Tribune from Salt Lake City, Utah • 17

A 17 Nixonised9 Supreme Court: Landmark Shift to Rijdit Looms for Tribunal tit Lake Tribune, Sunday, 2, 1912 The sharp impact of President Nixons first-term appointees has raised speculation as to how he might cement the cojrt into a conservative mold if he should win a sppnnj tprm There has been speculation that Jus- Qperation Impound Linder Wav at Base Continued From Page One il ineligible to go to court to assert that the surveillance discouraged free public exp ression. Finally alihough little notice was given to it the Supreme Court took a pro-business turn in its rulings on government regulation of business and other cases affecting businessmen. The potential for such a turn has always been present, particularly in the persons of William 0. Douglas and Thur-good Marshall, whose liberalism toward individuals rights against the government sometimes also appears to take the form of negativism toward the Internal Revenue Service and big unions. Poweu The Catalyst The catalyst was Powell, a patrician southerner with a bulging portfolio of stocKS and a respect for the rights of private property.

He wrote tne courts opinion allowing shopping centers to bar political pamphleteers from their premises, and he dealt the government two here-tofore-rare defeats in income tax cases. He also joined in ruling that a new subcontractor does not have to abide by its predecessor contractors union contract, and joined a dissent that missed by only one vote in denying the federal communications commission the authority to issue a regulation regulating communications antenna television systems. Surprising Decisions Powell's quick emergence as a persuasive and independent conservative was one of the significant developments of the recent term. Adopiing the tightly reasoned style of the late Justice John M. Harlan, Powell turned out convincing opinions that dealt candidly with dissenters arguments and sought to anticipate future issues.

He twice produced surprisingly unanimous and liberal decisions when he wrote the courts opinions declaring that a state-supported college could not bar the radical students for a Democratic Society from the campus, and forbidding the government to wiretap radicals without court warrants. as the deciding vote beiween evenly divided blocs. Thus he was able to set the tout of the final weeks, and that tone was primarily fnnservan've Of the 18 S-tn-4 dw'i'dors, he was in the majority in all but two. The cases in which White tipped the balance is almost the story of the court tenn: The ruling allowing giand juries to compel reporters to disclose confidences; the one requiring Sen. Mike Gravels aide to -testify concerning the Pentagon Papers; the nonunanimous jury case; the Army surveillance decision; the decision that the government must tell grand jury witnesses if illegal wiretapping led to their subpoenaing: the CATV decision, and the ruling that a North Caroline town could not secede from a predominantly black county because it would reduce the ratios of whiles to Negroes in the county schools.

This development left Stewart in the position of having been a fiequent dissenter against the liberal decisions of the Warren court, and men becoming a consistent loser on the liberal side of the conseivative Burger court. More often, his position fas conservative, and he demonstrated Harlan's penchant for turning out long, detailed dissents protesting what he saw as result-(HeiiieJ rulings by the iiiajoiity. William H. Rebnquist fulfilled his reputation as an ideological conservative by staking out a position on the extreme right as soon as he joined the court. He doubted whether convicts and illegitimates should have the full beneiit of the 14th amendment, questioned the court's exercise of judicial review of legislative acts and several times issued one-man conservative dissents against the rest of the court.

Swing Position But the unusual cohesiveness of the Nixon Four gave the swing position to an appointee of president Kennedy Byron R. White. Because Justice Potter Stewart tended to line up with the three liberal holdovers from the Warren court Justices Douglas, Marshall and William J. Brennan Jr. White found himself increasingly tice bouglas, age 73, and Justice Brennan, 66.

might retiie if someone less determined than Nixon to stack the court with conservaiives is elected president in November. Whether they would try to outlast him if he is re-elected is not known. Drains Vitality Despite the change in direction the Supieme Court did not overturn a single precedent of the Warr court last year. Instead, it drained certain ones of vitality by interpreting them narrowly, by narrowing the jurisdiction of the courts to consider them or by finding that violation of them was harmless error. This prompted a few lawyers and professors to begin criticizing the Burger court for the same shortcomings that were laid at the door of the Warren cou't that decisions were being handed down without giving adequate reasons.

One critic unearthed a charge that Harlan used to make, that decisions were based upon dixit which he translated as It's so because I say its so. (Copyright) FAIRCHILD AFB, (CPI) -Air Police at this base aie impounding children found roaming on the base's streets. The Air Force said the move was being taken to cm down the high number of children injured in traffic accidents on the base. Military police said any child 7 years of age or younger found playing on the streets unescorted would be picked up. They said it could cost the parents $5 to retrieve their children.

The money will be used to improve the base playground. Foreign Briefs Bom!) Reportedly Blew Up Plane Over S. Viet the center section of the aircraft. One source declared: There is no doubt that the crash was caused by a criminal act. But he said the guilt of the person responsible remained to be proved through continued investigation.

The informants indicated, however, that the investigators knew how the bomb was placed aboard and the body of the passenger whose luggage contain.de it was eblieved to have been identifide. Cathay Pacific airways officials here refused to comment on any aspect of the SAIGON (Ar) A time bomb in a suitcase destroyed a Cathay Pacific Airways jetliner over South Vietnam June 15 reliable sources said Saturday. The informants, familiar with the inquiry into the crash, reported there was no question but that the explosive was carried aboard in the hand baggage of a woman who boarded the Hong Kong-bound airliner ta Bangkok, and was responsible for the crash that killed 81 persons, 71 passengers and 10 crew members. Sixteen of the victims were Americans. The sources said that as far as was knowm, there had been no arrests in connection with the case.

Thpy added, however, that the invsetigation was complete and the findings that a bomb caused the crash had been confirmed to tne satisfaction of experts. Informants said last Sunday that investigators were nearly convinced that a bomb caused the crash, since all other possibilities had been virtually eliminated, with air collision, wethaer and any type of military activity ruled out. Informants reported that as far as had been determined, insurance payments were the apparent motive for the bombing. The four-engine Convair exploded at 29,000 feet and fell i three main pieces in a remote area of the Central Highlands about 200 miles northeast of Saigon. The informants said the bomb apparently had been timed to go off some time later, after th- aircraft crossed the coast of Indochina and was flying over the South China Sea.

The idea was that it should fall in the ocean and no traces of what happened would be found, said one source. Evidence indicates that the passenger whose luggage the explosive was una-wa of it. She w'as seated in Banker Free- Highway of Death What Price Glory, Victory? Associated Press Wirephoto Ransom Paid in Full Reuters News Agency BUENOS AIRES An Italian bank president was kidnaped here last night and re-' leased after speedy payment of a ransom equivalent to $200,000, police sources said here Saturday. Ermanno Barca, 59-year-old president of the Banco de Napoli here, was snatched by four armed men as he was being driven out of Buenos Aires on his way home from work Friday night. The evening newspaper Cronica, which broke the story, said the ransom paid Letting Off Steam Pope Wont Retire in September VATICAN CITY (UPI) The Vaticans third ranking official said Saturday Pope Paul VI does not intend to resign when he reaches age 75 despite repeated reports Tie will do He never gave anyone any reason to believe he would resign at 75, said Msgr.

Giovanni Benelli, the Vaticans assistant secretary of state. In fact, he has expressly said he will not do so. The denial was made during a Vatican radio interview with Benelli, who ranks third in the Vatican behind the Pope and secretary of State Cardinal Jean Villot. Benelli said the latest round of reports the Pope would resign when he turns 75 on Sept. 26 were "very strange and lacked any basis in fact.

No Campaign LISBON (AP) Portugals rulers virtually ended the nations presidential election campaign Saturday before it opened by proclaiming Presi-dent Americo Thomaz Rodrigues a candidate for an-otfierlterm. Tfi? central committee of the 'National Popular action grOuff, the countrys only au-t h-d i political party, announced it would support Thoipas for re-election July 25, Premier Marcello Caetano presided over the meeting as nafional party chairman. The announcement said the decision; was unanimous. fho'maz, now 78 years old, would be running for a i seven-year term. ter Plans Talks BEIRUT (AP) U.S.

Secretary of State William P. Rogers arrived Saturday mht in Sanaa, Yemen, for tallcs with leaders in that Arpb republic, Damascus radit -reported. Th dispatch said Rogers, the 1 first U.S. secretary of sle Ito visit Yemen, was re-ceiYeQ by Foreign Minister Mohjsen El Aini, other officials and members of the diplomatic corps. Uqqers was to deliver a eVs age from President NixtjR to Abdul Rahman Irian-i, chairman of the presidential council of Yemen, and to discuss the improvement of rela-t i o-n between the two cow) tries.

NEW YORK Two boys in New York select two ways to let off steam one one skinny-dipping in Washington Square. Ultimatum for Peace has encountered only light resistance so far. Small-armed fire crackles sporadically on the front, and bombs from U.S jet fighters and B52 Stra-tofortresses blast the area. North Vietnamese prisoners captured by the advancing government troops are emaciated, sick or wounded, left behind by their healthipr comrades. Officers here still expect a major battle before they can recapture Quang Tri.

A large North Vietnamese force is said to occupy a heavily fortified bunker line on the south-. ern outskirts of the city. Flee or Fight The North Vietnamese have a choice of standing ana fighting or fleeing northwest through the Ba Long River Valley. If they flee, they will run a gantlet of B52 strikes. Either way the North Vietnamese are expected to fight a tough delaying action.

Theyre in a bind, but its like stepping on a bee, said one airborne officer. Just before it dies it will sting your foot. By Holger Jensen Associated Press Writer HIGHWAY 1, VIETNAM -This is a highway of horror, paved wits eath. Skulls grin from the rusted skeletons of military and civilian vehicles that litter Highway 1 six miles southeast of enemy-held Quang Tri City. The carnage stretches fer more than a mile.

Bulldozers are being used to clear a path through the bodies and debris, but for now the road is impassable. Smell of Death The smell of death is so strong that advancing paratroopers and army engineers have to wear handkerchiefs and gas masks. It is only now, two months since the fall of Quang Tri, that one can gauge the savagery of the North Vietnamese ambushes that cut down the fleeing populace. Everywhere there is evidence that the victims were civilians as well as soldiers. Blue and red buses, motor cycles and bicycles are squeezed in between the olive drab jeeps and trucks of the South Vietnamese army.

Childrens Toys Childrens toys and bundles of refugee rags lie among the rusted M16 rifles and canvas combat gear. Some of the skeletons are small. Many of the perpetrators of this bloodsned also were killed. Their remains can be found in the sand dunes on either side of Highway 1, still wearing North Vietnamese uniforms, still clutching their AK47 rifles and B40 rocket launchers in the foxholes where they died. Further away, but less than a half mile from the ambush zone, lies the wreckage of two downed helicopters.

The fate of their crews is not known here, and armored personnel carriers supporting the advancing paratroopers dare not venture too close for fear of enemy mines. Light Resistance The four-uay-oid aiiburne thrust toward Quang Tri City Indira Asks Pakistani Force Cut 1,000. was I Second Italian Barca was the second prominent Italian to be kidnaped here this year. In April, the managing director of the Argentine subsidiary of the Fiat Motor Oberdan Sallustro, was shot dead as police closed in on the house where he was held by Marxist urban guerrillas. The Argentine military government refused to allow Fiat to pay a miliion-dollar ransom demanded by Sullustros kidnapers in the form of school supplies to poor children.

Police sources said it was not known if Dr. Barcas kidnapers were also guerrillas or common criminals. No Statement Police issued no official statement on last nights kidnaping. The news blackout was apparently ordered to aid the search for tne kidnapers. But a detailed account of the crime was given by the official news agency Telam, which also quoted police sources.

The prime minister added that she did not think there was much disparity between the armed forces of the two countries because India had to protect two fronts the west facing Pakistan and the east facing China. Indian armed forces number about one million and Pakistan about 300,000. Later in the day, Mr Gandhi met for one hour and 45 minutes with President Zulfikar Ali Bhutto of Pakistan. It was their second meeting in two days and by far the longest. The Indian insistence on reduction in the size of Pakistans military power undoubtedly figured prominently in the discussions between the two leaders.

Economic Development Before Bhutto left Pakistan to come to the summit he promised his people to concentrate more spending on economic development, but This does not mean that we will reduce the strength of our armed forces, he said. Those Pakistani journalists who heard Mrs. Gandhi, came away with a feeling that her tone was generally conciliatory. She said she felt the people of. both India and Pakistan wanted settlement and peace.

But she acknowledged that there was less optimism in her government now than prevailed in late April after the pre-summit talks were held in Pakistan. By William J. Drummond Los Angeles Times Writer SIMLA, INDIA Prime Minister Indira Gandhi indicated Saturday that Pakistan must reduce its military spending if there is to be peace on the subcontinent. This was her first public discussion of the issues since the Iiido-Pakistani Summit began last Wednesday and the first official signal of what the Indians hope to gain from the talks. In an informal chat with Pakistani journal-.

ists, the prime minister said, I find that your defense budget is startling. Our defense budget is a much smaller fraction. Difficult Estimate (An accurate estimate of Pakistani military spending is difficult now because the economy is so disrupted. Some experts have estimated it at 50 percent of the governments budget, whereas India spends about 30 percent of its budget, or about $1.45 billion on defense.) Mrs. Gandhi told the journalists, the ordinary people, especially those who live in the border areas, say very bluntly, you might come to a peace agreement, but as soon as Pakistan becomes stronger they might attack us again.

This is a feeling our people have. Her remarks, mostly in Hindustani, were supplied to the press by her aides. Radio Pakistan later broadcast a tape of her comments. CHAR-BROIL Qas (yooker The finest gas cooker yov can buy that gives you instant convenience of gas with the true flavor of charcoal cooking. Deluxe model, GG900R, with por ceiainized cast iron grates.

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Ive been trying for more than a year to get the match to Iceland. I would do many things. But I will not bite a sour apple, he said. In the past week, Fischer has repeatedly canceled reservations for Iceland. On Thursday he ducked away from newsmen who spotted him at Kennedy Airport in iew Yore.

The 29-year-old American grandmaster was balking at a chance to end the Soviet Unions monopoly on the world chess crown because of a last-minute dispute he started by issuing a demand for more money. In New York, a lawyer associated with Fischers American attorney in Reykjavik, said the challenger has been concerned because the match will not be televised live in the United States. Bobby loves Iceland but it wasnt his choice, said Paul Marshal, the lawyer in New York. You cant have live TV coverage there He said over and over again that he wanted his countrymen to have an opportunity to see the match live. Marshall said a lack of satellite tracking stations in the Reykjavik area prevented such live coverage.

He added that Fischer wants the match to be bandied in a "cumfoi table, dignified way. start of the first game of the 24-game match appeared dim, however, Fischer failed to board the last scheduled commercial airline flight that could have taken him from Npv Ynrk to Iceland for the start of the worlds richest chess match. The Icelandic Airlines plane departed without Fischer, and ai, spokesman said the next flgiht to Reykjavik would be 7:30 p.m. EDT 6y2 hours after the game was to strat. There was some speculation, however, that the 29-y ear-old grandmaster might have taken a flight to another European city, planning to proceed on to Iceland from there.

Schmidt ea'-'L npvhnns up can arrange something if the Icelandic Oir Federation and the Russians agree. If not, there will be a problem. Schmidt would decide lhat Fischer had to forfeit his chances to contend for the title. Confusion and delay have been delayed by Fischers last minute demands for The problem could be that money above and beyond the n47e': he agreed on months ago. Gudmunder Thorarinsson, president of the Icelandic federation, organizing the match, said, As far as Im concerned, the match will begin on Sunday.

"If Fischer wants a postponement, he needs the agreement of the federation and the Russians. And I dosdt think he is going to get it, Thorarinsson added. It appeared that if Fischer arrived in Iceland before the cfhpdided starting time and asked in person for a delay, Officials involved in preparations for the match have be-c increasingly less amused by Fischers conduct. His almost dady demands, Reykjavik, Iceland Bobby Fischers lawyer has asked to postpone the start of Sundays world championship chess match until Tuesday, but neither the mtch referee nor the organizers appeared willing to grant the request. Lothar Schmidt of Germany! the chief referee, said caNy Sunday he didn't recognise the legitimacy of the request made by Andrew Davis, Fischers lawyer.

Schmidt said Davis carried qt written credentials authorizing him to act in the American grandmasters name. But Schmidt said something might be worked our if Fischer shows up on time far the scheduled start of hi match with world champi-or Boris Sposrky of the likelihood that the tem-permental American challenger would appear in time for the scheduled 1 p.m. EDT EAST OUTH II I.