Northwest Arkansas Times from Fayetteville, Arkansas on July 2, 1974 · Page 4
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July 2, 1974

Northwest Arkansas Times from Fayetteville, Arkansas · Page 4

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Fayetteville, Arkansas
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Tuesday, July 2, 1974
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Editorial-Opinion Page The Public Interest J» The First Concern 0} This Newspaper 4 · TUESDAY, JULY 2, 1974 White House Has Its Own 'Leak Expert iQuestions Along The ///tapis ; A full page article on the Illinois River ;in a recent edition of the Tulsa Tribune re?minds us that there is a considerable.gather- Jing of forces, pro and con, as to the proper {use and planning for that interstate tribu- 'tary to the Arkansas River. · A great many separate developments, ;it seems, are in the process of converging Jon high level decisions for the ultimate fate (of the river. It is worthwhile for Northwest I Arkansas'.to' ponder the various wisdoms |of suggested alternatives. | Significantly, the Illinois remains one jof a very, few streams of any size in eastern ; Oklahoma and western Arkansas still in its j.natural free-flowing state for the majority fof its reach from Northwest Arkansas to confluence' with the Arkansas, south of Lake 'Tenkiller, in .Oklahoma. This paucity of unfettered streams isn't the fault of those who Suggest that the river be used for purposes · '.other than as a \vild or scenic stream, of ; course, but it does affect the stream's unique lvalue in its existing condition. A couple of years ago Oklahoma gave the Illinois a "scenic river" designation, protecting it withyi Oklahoma's boundaries : from various misuses. The Oklahoma congressional delegation, also, is seeking to :have the river included as -a "wild and ^scenic national river," a designation that would effectively preserve most of its exist- ;ing natural qualities. (Oklahoma Sen. Bellmon also has a bill that specifies the Illin- ·ois for study as a scenic river, which would hold in abeyance any sort of development on the river during the course of the study.) · Meanwhile, plans are proceeding in anticipation of construction of a coal-fired power generating plant on a tributary of the Illinois in Benton County. Environmentalists and pollution control officials are subjecting the construction bid to close scrutiny, -" and Oklahoma is asking (and has been granted ah okay by the state Public Service Commission) to be a part of the hearings. While this is being processed, by way of Environmental Impact Statement hearings, a large real estate development firm has obtained about 20,000 acres of "Green Country" Oklahoma along the Illinois River, just west and south of Siloam Springs. The firm plans a 1,500-home development, which would require utmost care i£ it is not to cause critical damage to the river's quality. The land developers say they are making every effort to protect the river, and indicate considerable planning and expense to that end, a factor, incidentally, which obviously raises their stake in thwarting any actions in Arkansas that might affect water quality downstream. Meanwhile, too, the most critical factor in all of the considerations, apparently, is a proposal by the Northwest Arkansas Regional Planning Commission that area cities build a waste treatment plant on the Illinois, to serve this two-county area. They propose a change in certain EPA criteria for the . river that quite -clearly would alter its envisioned future as a wild, scenic stream,. . David Strickland of Muskpgee, president of the Oklahoma Scenic Rivers Association, is one of the leaders in efforts to "save the Illinois." He points out that the great present need for the protection of the Illinois is a study to produce data for an effective monitoring of the river iii the weeks, months and years ahead. "The decision to save or destroy the river should be a conscious one," he contends. "No matter what we do ultimately, it should be done .with knowledge and not by default." His plea is a well-taken' one, we believe, and probably sounds as clearly as any statement can the gist of the coming confrontation over the river. W/iat Others Say WOMEN AS PROFESSORS iWomen are understandably suspicious of an institution that would appoint only a single woman to a tenured post as late as five years ago. -At tlie same lime, the hue and cry over appointing more women professors had led to equally understandable fears on the part of faculty members that pressure will be exerted to appoint less qualified professors simply because they are From Oar Files; How Time Flies 10 YEARS AGO Washington County and Fayetteville city officials and employes will have a three-day Fourth of July holiday, hut in general, business houses, banks . and other activities will close only on Saturday and Sunday. Representatives of the Fay- elteville Ministerial Alliance will protest a recent change in a city ordinance nvaking it legal to sell beer on July 4 wnen 50 YEARS AGO Complete renovation of the Washington Hotel Is in progress, and the downstairs improvements, including the dining rotn, lobby, sample rooms, writing rooms, laundry, lavatories and 100 YEARS AGO The editor of the News, :n casting his vote on Tuesday last "against convention" remarked that he did so in order to keep his record defer. Precisely. He has never heretofore advocated a measure that would benefit the people, and he don't propose at this late day to "go back" on his record. they appear at the next -city council meetin; Monday night. Announcement was made today of a meeting , of the Democratic Central Committee of Washington County at 2 p.m. Tuesday at the Courthouse. Among the business items is the election of a chairman to succeed the late F,A. "Pat" Humphries. baggage rooms, are to be f i n - ished this week. When completed the hotel will he furnished with all the conveniences, including a telephone in every room. From present indications, the majority for a constitutional convention in the state will be about 60,000. We now have no fears for the future of Arkansas. The State is now in; the hands of the people and we will get a good constitution, framed in the interest of the whole people. They'll Do It Every Time WEve CO.UECTEO 424 fOR CODER'S RETIREMENT PRESENT- MAYB6 W mf. CM SUG6EST WHAT TO G6T FOR HIM-- ^"^ l3 TM WHAT DO \ DOOTABLE THINK MXJRM K5S%! YOU THINK MXJR CflLOft TV' HOS8AMP woouy v. ' · women. Fortunately, there is a clear way out of this controversy if we are strong enough to follow it. On the ons hand, we have devised procedures to insure a .vigorous search for women us well as minority candidates for faculty positions, and we have constructed safeguards to minimize the risk of discrimination in' appointments decisions. We advertise for faculty openings, we make specific inquiries for names of promising women candidates, we place women m our ad hoc committees to review each permanent appointment. At the same time, we insist that the final decision for each appointment be made strictly on tbe abilities of the candidates for the job in question. These practices do not weaken the quality of our faculty and staff. They strengthen it by adding to the'pool of prospective appointees and toy insuring that the ablest candidates are not overlooked or cast aside for irrelevant, discriminatory reasons. If there are barriers that prevent young women scholttvs from achieving their true potential, we should not ignore Hie problem by concentrating exclusively on the fear of disci- mination. Rather, we should explore evolving. family patterns that free women scholars from some of their household duties or consider ways of encouraging married junior faculty to take part-time appointments over longer periods in order to allow more time for research. Only by examining the underlying problem in this fashion can we hope to provide greater access for women in a manner consistent with the true aims of the university.' --Derek Bok, president Of Harvard University, In a speech to the HU Alumni Today In History By JACK ANDERSON WASHINGTON -- President Nixon has lived by the teak, just as he has been brought low by the leak. In his attempt to control Hie flow of underground information frb'rri the White House, lie has employed both plumbers and leakers. Indeed, those presidential spokesmen, who have expressed : such grand moral outrage over the House impeachment leaks, are some of the best leakers in the business. We have made a careful study of presidential leaks, which are known in the backrooms of the White House as "Nofziger.. Jobs," after,, former. presidential aide Lyn Nofziger who was a,master of trie leak'." Not long after'taking:over the White House in 1969, President Nixon himself fashioned his public relations strategy in a series of eight secret memos to his staff chief, H . ' R . Haldeman. In a typical memo, dated Sept.' 22, " 1969," the" President called his aides' tactics "inadequate" and "amateurish" .and urged them to show more "bull dog" determination against people like Sen. Ted Kennedy, D-Mass. As former aide Jeb Stuart Magrudev' has confided: "The most sophisticated student of public relations in the White House was...the President himself." · The President's strategy The Washington Merry-Go-Round By The Associated Press Today is Tuesday. July 2, Ihe 183rd day of 1974. There are 182 days left in the year. Today's highlight in history: On this date in 1881, President James Garfield was shot by a disappointed Chicago office seeker, Charles Guiteau. at the Washington railroad station. Garfield died Sept. 19. On this dale: In 1862, President Abraham Lincoln signed the Morrill Act, giving states land to establish land-grant colleges. In 1890, the Sherman Antitrust Act was passed by Congress. In 1926, the U.S. Army Air Corps was created. In 1937, Amelia Earhart Putnam was last heard from on a flight over the Pacific. In 1940, during World War II, the collaboration French government moved to the resort city of Vichy. In 1955, Senate Majority Leader- Lyndon Johnson suffered a heart attack. included the adroit use of the leak. He favored staffmen Lyn Nofziger and Pat Buihanan, because of their excellent press contacts, to plant the stories the White House wanted sneaked out. . - , v ; The President's favorite target was always Sen. Kennedy. In p an attempt to link Kennedy with Hanoi, for' example, the President instructed Haldeman: "Buchanan's prudent primary group might get a major mailing out to editors and columnists in Massachusetts and perhaps even nationally, just setting forth the Hanoi quote....Buchanan, also shculd be able 16. .get a columnist or two -- and Nofziger could help in this respect -- to pick up this line." , , ' · ' . ' · ' · Another time, Magruder planted an innocent picture - o f Kennedy and a beautiful woman, photographed on the streets of Rome, in a national scandal sheet. "It was later · picked up .by one of the news ' magazines," Magruder has con- .' fessed.: , · · Former White House special · investigator Jack Caulfield has also told senators behind closed doors how he tried to float out a false story that the Kennedy family foundation had financed . a newspaper series criliczing presidential pal Bebe Rebozo. . Caulfeld told the senators that he recommended "an "Still Rising" oblique Nofziger, an immediate drop vis-a-vis the Kennedys.... The bewildered Senate Water- ·gate staff, imnttiated in the backroom lingo of the White H o u s e , ddn't understand. "What did that mean?" Caulfield was asked. He explained painstakingly: "Well, what I meant was that consideration be given to have Lyn Nofziger speak with friends that he had in the media (about) whether or not the Newsday article was financed by the.Kennedy Foundation." Nofziger told us he did not leak the story. But. someone did. since it was circulating ·around Washington at the time. As another · "Nofziger Job," Caulfield testified in secret that he was asked to run "a name- check with the FBI" on movie- maker Emile De Antonio, who produced an anti-Nixon movie called "Millhouse: A White Comedy." · . ' : , . Caulfield got the obliging FBI to give him a summary of De Antonio's file; including raw data. Afterward Oaulfield reported jubilantly to his superiors: "If (Democratic national chairman Larry) O'Brien is stupid enough to.get behind (the film), we can, armed with the Bureau's information, do a Nofziger Job on De Antonio and O'Brien." Again, a committee investigator wanted to know: "What do you mean...a.Nofzlger Job?" "What I mean," again recounted Caulfield, "is let him, Lyn Nofziger, whose talents in that area were much greater than anyone else, around the White House ; . ., make that known to his contacts in the media." This particular ."Nofziger Job," however, was aborted -possibly because the .White House didn't want to advertise the movie even with unfavorable publicity. At,the same time that President Nixon made skillful use of leaks to smear his political foes, he went to elaborate, even illegal lengths to atop leaks about himself. He .was a man haunted by dark secrets which he feared might leak out and drive him from public office. So he formed the para-police, plumbers unit, which '· was supposed to plug up unauthorized leaks. Another ex- White House leaker, Charles Colson, has acknowledged in his courtroom confession that the plumbers broke into the offices of Daniel Ellsberg's psychiatrist, however, not to plug a leak but to get dirt against Ellsberg to leak out. Ironically, most of the Whits House horrors, which have by now effectively destroyed tha presidency . of Richard Nixon, were committed in reaction to press leaks in an attempt to stop them. Footnote: In a future column we will describe more of the secret White House leaks. State Of Affairs The Scenario For Impeachment By CLAYTON FRITCHEY WASHINGTON - Whistling in the dark, or Wish-Is-Father. to-the-Thought Department: » The impeachment movement is losing momentum. The House Judiciary Comitut- tee has lost Its standing because of "leaks" and infernal partisan conflicts. The President's trips lo Moscow and the Middje East have restored his prestige. Sentiment against removing Mr. Nixon from office is gaining ground. If people believed everything they read and heard, they might well be persuaded that the above reflected what is really going on. In truth, however, it is a far cry from reality, for now at last it is possible to see the emerging impeachment scenario. . In a few days (July 8), the Supreme Court will hold oral hearings on the question of whether Mr. Nixon must yield up scores of White House tapes which both special prosecutor Leon Jaworski and the House impeachment committee want, but which the President has refused to relinquish on the grounds of so-called executive privilege. The general expectation is that the high court, acting expeditiously, will hand down a decision before the end of July. And, in the opinion of almost all disinterested constitutional authorities, the court will rule against the President -- perhaps unanimously, e v e n though four of the justices are Nixon apponitees. Thus, within a month or less, Mr. Nixon will seemingly have to turn over the explosive tapes to the investigators or openly defy the hrghest court in the land on the question of whether he is above the law or not. IF THE TAPES are as damaging as they are reputed to be, their relinquishmcnt would mean certain impeachment. If, on the other hand, the President refuses to obey the court, such judicial contempt would also mean inevitable impeachment, as Republican leaders ' have already warned Mr. Nixon. When dealing with a politician as resourceful as Mr. Nixon, however, things are never quite Ihat neat. Time and again he has shown a capacity to worm out of the tightest corners, so he could very well find a way to circumvent the Supreme Court by appearing to obey it without in fact actually doing so. That's how he got around U.S. Dist. Judge John J. Sirica last October. When the jurist ordered the President to turn over a batch of tapes demanded by prosecutor, Mr. Nixon first refused, but when the firing of Cox aroused national indignation, he stilled the storm by saying he would comply with Sirica's order. Later, however, the White House reported that a couple of the tapes had been lost, another supposedly had never been recorded, and still another had an 18-minute gap where a crucial conversation had been erased. Naturally, this aroused suspicion and did not help Mr. Nixon's credibility with the public. Nevertheless, it was compliance after a fashion. The freewheeling with the tapes might be deemed obstruction of . justice by some, but the court did not construe, it as defiance and contempt. In short, the House got'away with it judi-y cially, even though it suffered in the court of public opinion. Thus, if the Supreme Court orders Mr. Nixon to turn over another batch of tapes to Jaworski, what is to prevent the President from again resorting lo the Sirica strategy? That is, avoid contempt by going through the motions of complying. That would mean giving up the mora or less innocuous tapes (no doubt the great majority) while losin'g, mislaying, altering or erasing the really damaging ones. Again there would likely be a violent public reaction, but that would not be as bad for Mr. Nixon as surrendering the tapes or flatly defying the Supreme Court. AS MR. NIXON knows, even his most dedicated supporters on Capitol-Hill cannot afford to back him if he puts himself above and beyond the Supreme Court, but s o m e might go along with him if he puts on a show of compliance, no matter how phony. Such a course would also assure further delays and make ' it more difficult for the House Judiciary Committee to draw up its articles of impeachment. As matters stand now, the committee is expected to vote on the impeachment bill before the end of July. If by that time the Supreme Court had ruled against Mr. Nixon, and he had spurned the decision,.the House committee would have no problem at all voting for impeachment. But what if Mr. Nixon says he will comply, even if later on the compliance is less than complete? That is where the scenario becomes cloudy. It is logical to assume that sly circumvention of the court would in the long r u n - b e almost as repugnant to the public as open contempt, but the reaction would not be as swift or as certain as in the case of raw defiance. Mr. Nixon and his lawyers have already shown themselves to be masters of evasion and endless delay, so it is a good bet that he will find some way of rolling' with an adverse Supreme Court decision and, for a while at least, blunting its effect. It's' an equally good bet, though, that the President will ultimately and inexorably b« brought to bay. (C) 1974, Lo» Angele* Mines Privilege Question At Hand WASHINGTON (ERR) -- Ths Supreme Court will hear oral arguments July 8 in the case of U.S. v. Nixon, in which Leon Jaworski seeks to obtain 64 White House tapes. THE SUPREME COURT has never decided a case directly incolving the doctrine of executive privilege, but U.S/ v. Nivon rests squarely on that issue. Watergate special prosecutor Leon Jaworski and presidential counsel James D. St. Olair agree that such a previ- lege exists. They disagree avs to its scope. In a brief filed with the Court on June 22, St Clair argued: "Inherent ' in the executive power vested in the President under Article II of the Constitution is executive privilege, generally recognized as a derivative of the separation of powers doctrine. The powers traditionally asserted by tha . other. , branches support the validity of the claim of confidentiality invoked by the President." Jaworski's brief, filed the same day, contended: "The qualified executive privilege for confidential intragovernmenlal deliberations, designed to promote the candid interchange between officials and their aides, · exists only to protect the legitimate functioning of government. Thus, the privilege must give way where, as here, it has been abused." SOME LEGAL scholars, notably Raoul Berger of Harvard, maintain that .executive 1 privilege is .a-doctrine without substance. ' In the first sentence of a new book on he subject, Ber. ger . vyrites: "Executive privilege" '-- the President's claim of constitutional authority to withhold information from Congress -- is a myh." Berger's research persuaded him that the term "executive privilege" was first used in 1958 by an assistant U.S. attorney general. George C. Doub. A memorandum written the same year by Deputy Attorney General William P. Rogers · undertook to-provide a rationale for the doctrine. Citing actions ' by past Presidents, Rogers concluded ihat the Chief Executive has "uncontrolled discretion" (o withhold information from Coir gress. Still fresh in mind in 1958 were the late Sen. Joseph R. McCarthy's unceasing demands for information from the executive branch. Thus, Rogers' memo was widely viewed as a' needed corrective to overzeal- ousness on the part of congressional investigators. As analyzed by Berger, however, (he Rogers memo is ihot through with flaws. Berger demonstrates that many of the "precedents" cited by Rogers in support of executive privilege are in fact supportive of a claim that no such privilege exists vis-a-vis Congress. Indeed, the Rogers memo made no mention of what Berger regards as Vfhe most telling bit Of historical evidence for presidential withholding (of information from Congress)." This was J a m e s Madison's remark, during debate on the Jay Treaty, that he was "ready to admit that the executive had a right, tinder a due 'responsibility,...to withhold information, when of a nature that did not permit a disclosure at the time...." THE CASE NOW before the Supreme Court bears only indirectly on executive privilege as it applies to Congress. The two principals before the Court, Nixon and Jaworski, are both officials of the executive branch. Still, membens of the House Judiciary Committee will be following the case closely. If the Court should rule in favor of Jaworski'a demand for 64 subpoenaed tape recordings, the committee's claim to similar materials -- also denied by the White House -- would appear immeasurably stronger.

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