Independent from Long Beach, California • 33

on the rcporter to show that fissppesr- Ev ince bnlT aieiil VC:" uoonife tovertigationS -connection investigation Tess this welcome but limited step: outfit Tt government -bad oo legitimate need for hir testimony. As' matters stood before tho1 th government itself had to sho whatthe Supreme Coifrt unfortunately did 1 last weet courLsignlflcautly rgcessipnai. cuanneis-lby-which-tim -migh-tearnrsome things the-executl public mutative effect of these, decisions might weU be more important than the death -Compelling -for- thn-repsiter-to-testifrlf hrreristed a subpsentfr THE-COURT also decided that Sen. Mlfcn: nanid questioned br a grand jury as to the source of thecopy of the Pentagon Papers thathe helped make pubtic. Mr; Justice Brenganpointed out in dissent that the ruling, meant that the informing function of of Congress had been, deemed not part of the by thr Constitution.

"This, in turn, means that members of Congress now. will think twice before re leasing information to the public r-uddch members have frequently done, usually with the result that the public finds out something the" government has been trying to hide; through the classification aul in a system. If a grand JuryCan haul in a senar wteuer ,7 AJ; KEWYORK TIMES! NEWSSERVICE equalljambiguouSr-sinc Mr Justice Fow- the majority, did point out that any: dttxeS even a reportercould move lo i- Ibis IS slight, if not useless, compensa; Telephone 4351 161 -J 952-1969 Editor and Publisher General Manager Don Ohl Editor Editorial Page Sterling Bemis Associate. Editor LA, Collins Sr.Editorial Columnist v60flkdd persons on various death rows, who may not now be. executed.

i -Herman H. Bidder 'Daniel H. Bidder Sartiupl C. Cameron Miles E. Sines Executive Editor Lorry Allison Managing Editor.

Bert Resnik-Assistant Managing Editor tor to question him about Us source of in formation, bofh those sources and the sena- tor's willingness to use them soon will njipffir. Bernard J. Bidder Business Manager; Don Nutter, Advertising Director; W. J. Morrissey, Circulation Director i'- LONG BEACH, CALIFORNIA, THURSDAY JULY 6, 1972 irewswsiTOW.Tiisabii Editorials tell the good guy from the bad- guy nTTtevkTawEIreianar6Ki'Qy" not I ment-should exclude penalty.

It is immaterial that an HnhrfiKn tina nr-tn--' i. precedenu-ne of them onlya year. oldhas supported the constitutionality of supported the constitutionality chpttal punishment If is immaterial, that Jour timet-within Jhe gresa explicitly -has sanctioned the death penalty. It is Immaterial that -40 states have thought such sentences within their powers TjaiaUttien, is niaterialT. Itls Marshall's personarassessment that counts.He -states itwith -breathtaking certaintyCataLpun- world champion to make to a chal- in the capital punishment cases, the Su- lengar Whir reftisedttriifayeepriawariTaiff bTlgrear linT of v.

r- cfeavatfrtHStilivldJs the old Warren court Twas ly 1 I it is morally unacceptable to the people-of -theUnited StatCwtthis timejivv their history, ABlEir -xay "7S vi. But the nation's press and its tetfsktore; ..2 both restricted by these decisions do not exist only far themselves; they represent the American people hi certain vital fime- 75? tionsthe peoplftCannot perform individual. lylhusr ttrjvaa really the people's rights which is the way things go nowadays. With its explosion of optotons lmweek from tiie new Nixon court It IsTthrlino that definesthe roleof ludres. This is the most important aspect of the decision that will be knowp to historians as Furman vs, Georgia.

For all practical pur-poiestha court voted.5-4 to prohibit tho- imposition of death sentmees under lng state -and federal laws. The immediate ind' drainaUc consequence is that death entences must be cornmuiedforwme 00 acrossihe Otherwise, the wilL be imalL There la no convincing evidence that the mere existence of the death penalty has served as a deterrent to us rcrimes. Sa far 'ai law and order is concerned, the sun WUl come up in the morning as tdoodrred as It set last night The significance of this iandmarlrcase lies in its exposition of the fundamental' di-virion between those who believe in judicial activism, afid those who believe in Judicial restraint, -The activists on the court, ted in thi case by Justice Thurgood Marshall, believe it proper to rest decisions upon their own. subjective readings of what it morally unacceptable or shocking to the consdence.Mjnie defenders of restraint Blackmun, Powell and Rehnquist repudiate that viewpoint altogether, Marshalls tong concurring opinion is a dasalc activist position. It is immaterial, in thia view, that the fra- mers rfThe T2tfiih Amendment neverin- tended.

thaL-icruel end unusual -punish- WASHINGTON Ten of thousands car buyers are still waiting for tjriea. tax unused rebinds that Detroit pros on their new cars. Millions main unpaid An outpouring of angry tetters and im-: patient phone calls have failed to move the such as lynn Sutcliffe could have cap? purses: 7 -After tthe tax Mil was Into law last December, the buyers began td expect tbe fSOGbMoi rebate they had coming un--derlaw and. had' been promised by auto cqpipany advertising. Biit months latet; GM Chrysler, Ford' and, to.

a tesstf tors were still fiddling whUetheir custom-ere burned. 4 Typical was tiie experience of Sydney'. Kronish of North Miami Beach. He bought a shiny new Caprice on Aug. 1971, mid got a hote from GM in earfy 1972 promising a cbeck in three weeks.

Kronish waited for two montfisT Then he wrote GM, but never heard back. He phnned GMa tax refund officiate In Detroit hnd was promised a refund thaTweek. Buf (till no money Arrived. On May-8, he called Detndt a second time and again he got a premise of an immediate refund. On May 17, there was stilL no money, and te took to the telephone again.

But tie got nowhere. But how- Bobby in Reykjavik to play Soviet chess ma ter Bmis championship; 'And Id seem A for the world Spassky, who perfect; gentle turned out to suffer from a touch of nmfii riamro SLi'i lgrmrg6htiy pralitog 'Unr Brooklyn- hioh school 'dronout as a ifnnarka I Spassky of chess would beveTydiill Spassky -ovenyiferit so -far 'as-to 4 defend Fischer against charged of an overriding interest in money from chess. Spassky abandoned that defense who wouldnt have? after Fischer refused to go to Iceland until a Brit-; ish banker doubled the prize money. Then Spassky added some de ThenSpassky mands of his own. One was J1scher apologize for his, unseemly behavior.

That lpipcntoit we found iu aA3acrutiento Bee 'arti-de the. other Ndt oidy- they biit they were bn a subject where few of ns, even have kind-words tosay for ourselves. subject is freeways and free-way driving. It turns out thai although the, traffic is lighter, on -freeway: and pther roads; aronnd Sacra-1 mento danger, fe. In ffac it, was only last, year, that the highway death rate -in Sacrunen-, to and 1G nearby counties dropped 5 v.

if: -r' advantage.1 They have foond it agreeabie. But if liberals accept, in princlle, ow-sr of judges; to mateisweeplng changes in law on their own' notions moral Qtept abilifyhberate will be hardput tchject alien the composition of tte court chadRes, and the wind shifts Many; pmons who ahhbrV the death penalty, and agree that cental punisnment has been impMed Irrationally and ineffectually in the past, will rejoice, in. what. the five activists have done. But those tovftthe iaw.and believa lirihff ieparatinii af powers, will emphatically condemn the wayinwhich they did It' -McKissick, whq doubles iaa a.

statofttfs-lator his native Nevada, let loo these eqiletives in a letter to Nevada Insurance Commissioner Richard Rottman. McKissick out for attackiXykn a hard-woiking Senkte tfriio Specializes in lI just hant fathom how a madman such as Lynn have cap-tured th4 thoughts of (Senate Commerce) Warren 'Magnuson to get: (the WI1) reported wrote McKissick sca-thintfy. ALTHOUGH THE; BILL was fathered by such distinguished senators 'ai Phil Hart- Frank Moss, Magnuson, McKissick called it a bastardly tiring some kind of Communist din-ridracy. He added sourly: read therh five times and still cant grasp sjk of -his campaign agsilnsf 'no-fautt, -McKissJckis also circulating tte tetters for bis fellow trial tew reebpy and mail tp senators. One been, prepared for than or close, friends of the senator, letterfor lawyers lriibie tetter, shoidd-be-much more knowledgeable and We reached McKissick InDeno and told him we had obtained a copy of Ms intern- -perate tetter.

Dont take me down tiie too far, he pleaded. Tt was" misap-to call him (Sutcliffe) a mad- manJ meant aiUy thi hii ius. But Spassky or at least his So- vit viet managers-followed that up with a demand for unspecified punishment of with a demand that-thr firstgamee- declared for cojnplaint attacking both Fischer and Dr. grand master who is president Jtern.tionat CheedentiiM. gs Jaf 4he mosLtfctilt-board game result are; not pleasant results are not however.

And Fischers role- in the riqpecCacle ment nQt. only to himself but to the United States. All that, saved It from being a' disaster for both in world public opinion was the sudden in- of the Soviets. Let us trust that soon all. the bickering will be put aside so the at-tention of Spassky, Fischer and the world can.be focused on the gentler; warfare of pawns, knights, bishops, rooks, kings and queens on the checkered board.

per cent just to hit average. Al G. Bstep, a state highway engineer, explained the (fyop in fatalities as due to improvement of roads, -addition of more' miles; of freeway, and improyemenrin driving. The last point is where the compliment to Sbuthern Californians came.in;- really believe that peoplere becoming better drivers on free-. ways, step- told the Bee Toporter The more? people drive on free: ways, the jhey realize the importance of I think? LA.

freeway drivers nare probably the grids best" As people in Sacramento are becoming more used to' them, they are getting betto-; too, The. fact' -that its doesn't make the comment any less unex-' pected-ariessHvelcbme. Comments THE GREATEST show -cm earth nature at work in the spring! PLANYOURvacatloirmnr and brsure' you take it this summer. 'Assuming knowledge of all the facts pres- ayaUsble regarding ptudah-. ment, the awaray pjtiMn mmiM, capital punishment cannot itamL Still again, te says; believe that thw great mase.

ol citixens' would conclude on tiwbasiittematerialalreafyeonrid- ered that the death penalty is immoral and To the four dissenters, these are wholly extraneous considerations Both Burger and Blackmun went to paiiu to say tiiat if their own personal opinions were decisive, '''they would vote to abolish capital punish-ment But constitutional questions ought not to.be resolved: upon Judges opinion of what the average citizen the great mass of citizens might Jegard as shocking or immoral. Such a view converts the Supreme Court into a legislative if permits a majority of five tp impose their own naked will upon our fundamental tear. It seems me that liberals, no toss than conservativesahould-iigotest-tiie ao tivist doncept For the past 26 years, to he 'v sure, activism hM to the liberals permitted the aifto makers instead to delay refunding the money. Consumer advocate Ralph Nader has complained to Senate Finance. Chairman Russell Long, and House-Ways and Means Chairman Witour Mills, D-Art FOOTNOTE: Detroits Big Four all admitted to my reporter Marti McIntyre that refunds were, outstanding six mopths after: the law.

went into effect They blamed it on -r-, y.s MEKKY-GO-BOI7ND lack AaisriM 'V 1 resold bad addresses, buyers moving-snd fyilurf to rpturn refund, forms. Nadars tetters and our own spot checks, however, Indicate the cause for tiie delay! was more often the fault of the auto firms and the Treasury Department- America's trial lawyers are fitfiting furiously: against nofault" insurance, which cost them Il Mllkm a yeaf in auto accident and ambulance chasing fees. Under the nonsuit bill awaiting murh Wmitv thing it. As part prewritten yart to tetter has ctese contacts another Senate action, poficyholdera would jte paid after; an aeddent no matter who was at fault This would eliminate the costly court cases that have fattened the bank accounts of trial lawyers. 3hepriwpact of.

losing all this business -has got some lawyers screanung Ute fisb- wives. For the 'distinguished chairman of the American Trial Lawyers Legislative Section, Howard McKisriek, has called the HU Vi bastardly IhingTand one of its authors madman. Kronish followed up with several more-calls. He even had Ms dealer wire and phone Detroit But GM even ignored its own dealer. Finally, Kronish wrote Chevrolet's general manager: Now, what's going ohMrGeneridldani I A few.

days after sending copies of Ms letter, tr us and Ralph Nader, Kronish got money-six months lata op wben its people are envious of each Oth- The Treasury Department, which to sup-' pored to overset the exdso tax rebate hat Mans twentyyears ahead. HTY will grdw and devel'. Then McKisrick tried abothmr ID glve you ai weekend at Caesars Palace or the Dunes. -We ican talk it overwhen you'' get to Las Vegas, he declined the invitation. ii A 0.