October 31, 1975 7

THE DETROIT JEWISH NEWS

Scholar Hits Morton Boycott Stand

NEW YORK — Prof.
Philip Kurland of the Uni-
versity of Chicago Law
School, recognized as one of
the country's legal experts,
this week took issue with
Secretary of Commerce
Rogers C. B. Morton on the
boycott issue.
Dr. Kurland, a Constitu-
tional scholar, urged a
House subcommittee "not to
contribute to the continued
destruction of Congres-
sional authority" by allow-
ing the Commerce Depart-
ment to withhold
information about the Arab
boycott of companies that
trade with Israel.

He also described as
"sophistical" the conten-
tion in an opinion of Attor-
ney General Edward H.
Levi that supported the
Commerce Department's
position.

Commenting on the Kur-
land position, Anthony
Lewis, writing on the New
York Times Op-Ed Page on
the subject "By Any Other
Name," stated:
"Fortunately the subcom-
mittee seems unlikely to roll
over for Secretary Morton.
It has just had the advan-
tage of advice from a nota-
ble expert in the area, Prof.
Philip B. Kurland of the
University of Chicago Law
School. Kurland is a close
friend and admirer of Attor-
ney General Levi. His testi-
mony should be regarded as
reasonably detached and
weighty. It was devastating.
"The recent abuse of
executive privilege had
put it in bad odor," Kur-
land said. "But attempts to
frustrate Congressional in-
quiry into executive action
smell the same whatever the
title."
"Levi's reasoning," Prof.
Kurland said, could "best be
described as sophistical." It
amounted to saying that
when Congress speaks of
confidentiality in a statute,
without mentioning its own
position, it should be pre-
sumed to be denying the in-
formation to itself.

"I should think the pres-
umption would go in the
opposite direction," Kur-
land said. "The Congres-
sional function of over-
sight and investigation is a
power and duty of primary
importance to our consitu-
tional system — and Con-
gress should be presumed
not to have abdicated the
function unless it ex-
pressly states that inten-
tion.

"The involvement of At-
torney General Levi in the
affair of the Arab boycott
inquiry is one of its most
troubling aspects. Many
have counted on him to
bring principle, scholarship
and independence to that of-
fice. But this opinion is of
rubber-stamp character, re-
flecting not scholarly de-
tachment but a predilection
for executive secrecy.
"One of Levi's great pred-
ecessors, Robert H. Jackson,
had a chance to make
amends for such an Attor-
ney General's opinion. As a
Supreme Court justice he
considered the same issue
and rejected his former
view. It would be 'chari-

.,:tesse
PHILIP KURLAND

table,' he wrote, to assume
that he had not read the
opinion he signed, but he
could not say that. And so
Justice Jackson quoted Dr.
Johnson's explanation for
an error in his dictionary:
`Ignorance, sir, ignorance.' "
Meanwhile, Rep. Morris
K. Udall (D.-Ariz.) accused
President Ford of "looking
the other way" with regard
to American firms that have
complied with the Arab boy-
cott against firms doing
business with Israel.

with the Arab boycott are
required to report this fact
to the Department of Com-
merce. "But when Subcom-
mittee chairman John Moss
requested copies of all filed
reports, Secretary of Com-
merce (Rogers) Morton re-
fused to comply," Udall
said.
Udall said that further
hearings are being held in
an attempt to break the
impasse. "I believe Congress
will act, but I find it almost
incomprehensible that we
should be facing adminis-
trative opposition on an is-
sue of such profound im-
portance to one of our most
cherished constitutional
protections, the freedom of
religion," he declared.

President Lauds
Mizrachi Honorees

WASHINGTON — Presi-
dent Gerald R. Ford, in a
message to American
Mizrachi Women at the
group's 50th anniversary
convention here, said that
"civic responsibility and de-
votion to the public trust" of
three Jewish senators "are
symbolic of the constructive
influence of Judaism on
American life."
The President sent his
message as he noted that
the three U.S. Senators,
Jacob K. Javits of New
York, Abraham Ribicoff of
Connecticut and Richard
Stone of Florida received
American Mizrachi Wom-
en's "Bicentennial Public
Service Award" at the Sta-
tler Hilton Hotel Oct. 20.
Mrs. Sarah Shane of Bal-
timore was elected presi-
dent of the group, and the
women adopted a budget of
$2.9 million for educational
and philanthropic projects
for the year.

Donald M. Stern, President

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The legislator, a candi-
date for the Democratic
Presidential nomination,
also charged that the
administration is engaged
in "double think and dou-
ble talk" at "the expense
of Israel and our nation's
principles" by providing
Jordan and Saudi Arabia
with highly sophisticated
weaponry which may be
used against Israel.

Referring to the Arab
boycott, Udall said that
"nearly a year ago President
Ford told us that discrimi-
nation against institutions
or individuals on religious or
ethnic grounds is 'totally
contrary to the American
tradition and repugnant to
American principles. It has
no place in the free practice
of commerce as it has flour-
ished in this country . .
His words were strong and
seemed unequivocal, but he
has taken absolutely no ac-
tion to put a stop to it."
Udall noted that under
the Export Administration
Act, all U.S. firms receiving
requests for compliance

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