Sax proposes bill for clean environment


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By JIM McFERSON
If a bill authored by Law Prof.
Joseph Sax is passed by the
State Legislature, Michigan cit-
izens will have the right to sue
polluters for a cleaner, healthier
environment.
Sax, who spoke yesterday in
the Law Quad, said his bill "will
open the door to creating en-
vironmental common law."
He was also scheduled to
testify last night in Lansing be-
fore the House Committee on
Conservation and Recreation-
the committee which will soon
decide whether or not to send

Sax's bill to the floor of House
for debate.
The bill (H.R. 3055), accord-
ing to Sax, "authorizes the At-
torney General, local govern-
ments and private citizens to go
to court and challenge activities
which infringe the right of the
public to a clean, healthy and
attractive environment."
"Courts would be empowered
to take evidence in such cases
and to enter orders prohibiting
or modifying conduct that is
shown to impair or threaten the
quality of environment," he ex-
plained.
The bill, Sax said, "will also

open the way to suit by private
citizens against both public and
private agencies."
A bill of this type is necessary,
Sax said, because at present
there are few statutes which
can be used "to prevent obvious-
ly bad situations."
"Qften a judge wil reach for a
straw to enjoin a violation,"
Sax explained, "and a great
deal of litigation ensues."
Sax said his bill will enable
any judge to prevent damaging
situations more easily and more
quickly. A private citizen will
also find it easier to bring such
a suit, Sax says.

"There are now some laws
allowing aggrieved individuals to
get into court but large com-
panies are usually the only ones
who can do it easily," he added.
Thus a company which is pol-
luting the environment is often
the only body that can get into
court.
Since the bill will make it
easier for public agencies to be
sued, several state agencies have
already announced opposition to
the bill.
"They see themselves as tar-
gets," Sax said. "Att. Gen. Frank
Kelley, who also opposes the bill,

does so because these agencies
are his clients."
"Politically, the situation is
very uncertain," Sax added. Mil-
liken has not yet committed
himself nor has State Repre-
sentative Raymond Smit (R-
Ann Arbor).
Therefore, Sax said, swift
passage of the bill is one an-
swer to environmental pollution.
"The old way of waiting for dis-
aster and them legislating is a
luxury we can ill afford in
coping with the problems of the
environment," he said.

PREMIERE MONDAY!
THE UNIVERSIY:
OF MICHIGAN 00 00000000
PROFESSIONAL
THE1uTRlILI

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Prof. Sax


the
news today
by T he Assocta ted Tress and College Press Service

Sitiiitan

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pal4e .three

JANUARY 26 - 31

ULS. 'rsfessiumaesl I'reierc I

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FRANCE has decided to sell Libya an additional 50 jet fight-
ers.
The new sale will double the number already being sold to the
Arab state. Delivery will not begin for two years, however.
In return, Libya agreed to stop supporting the rebellion in the
African state of Chad where 2,000 French soldiers are helping in the
fight against rebels.
* * *
THE IRAQI GOVERNMENT said yesterday it has smashed a
blot to overthrow the leftist regime of President Ahmed Hassan
el Bakr.
The government claims the coup, which took place Tuesday and
yesterday, was backed by the United States, Great Britain and West
Germany. . .
Tanks were apparently used to put down the coup and within
hours 16 accused consiprators had been executed.
ISRAELI ARMORED RAIDERS entered Jordan for a 21-hour
battle against Arab guerillas.
The Israelis reportedly moved into Jordan with 40 tanks. It was
their longest foray into Jordan since the 1967 Arab-Israeli war. A
Jordanian spokesman said a Jordanian officer and six Palestinian
guerillas were killed while Arab guerillas claimed they killed two
Israelis.
In a letter to the U.N. Security Council, Jordan accused Israel
of a "very serious and brazen" attack.
* * *
PRESIDENT NIXON, preparing for today's State of the Un-
ion address, said, "some needed federal programs simply will have
to be postponed, so that we can live within our means."
Nixon hopes to alleviate the recession in the housing industry by
cutting federal spending to the minimum possible level.
House Democrats meanwhile announced plans to stage a tele-
vised rebuttal to Nixon's address. They accused Nixon's anti-infla-
tion program of "crushing the housing market, blocking school con-
struction and creating unemployment and inflation.",
AN EXHIBIT OF LITHOGRAPHS, depicting John Lennon
and his wife Yoko Ono making love, opened yesterday in Detroit.
Eugene Shuster, owner of the London Arts Gallery, said two de-
tectives from the Police Censor Bureau had viewed the prints and
told him "an injunction might be obtained to stop the showing of the
lithographs."
Shuster was arrested last week in London when his gallery there
unveiled the prints.
SEN. ROBERT J. DOLE (R-Kan.), member of the Senate
subcommittee investigating birth control pills, said the inquiry
has "probably terrified a numnber of women around the country."
"There has been a strong ratio of anti-pill witnesses," he added.
"There should be an attempt to balance the testimony." Sen. Gay-
lord Nelson (D-Wis.), committee chairman, rejected Dole's criticism.
In contrast to some earlier witnesses, Dr. John Laragh of Co-
lumbia University emphasized yesterday that potential hazards from
the pill are extremely slight.
SUPREME COURT NOMINEE G. HARROLD CARSWELL
allegedly said in a 1948 speech that he would always be governed
by the "principles of white supremacy."
The speech was printed in full in the official records of Wilkin-
son County, Ga., and the Irwinton Bulletin, a weekly newspaper
edited by Carswell. Carswell has repudiated the statement, calling
the words "obnoxious and abhorrent."
The NAACP has announced its opposition to Carswell's appoint-
ment and asked the Senate to reject it. The NAACP cited Carswell's
"pro-segregation record" in opposing his appointment. ,
THE VIET CONG launched their heaviest rocket attacks
on allied positions in South Vietnam since September yesterday.
Fifty-one allied bases and towns were shelled including the
Army's headquarters for Vietnam at Long Binh and the Bien Hoa
air base. Two American soldiers were killed and 23 wounded in the
attacks.

i

Thursday, January 22, 1970

-Associated Press

Ann Arbor, Michigan

Page Three

Biafra after the war

Starving Ibo children lie in the street amid vomit and human waste in Port Harcourt, Nigeria.
Although Nigerian officials have said relief efforts are in progress, there have been reports by
visiting newsmen of starvation, rape, looting, and widespread illness.
REVERSED DECISION:
February selective service call
o stop at lottery number

House to
oppose
Democrats unite
to back HEW bill
WASHINGTON (A') - House
.Democratic leaders, trying to
line up a solid party position
against President Nixon's ex-
pected veto of a big education
and health money bill, got
overwhelming support yester-
day for a resolution urging
that the veto be overridden.
A caucus of House Democrats
shouted approval of the resolution
'without a dissenting voice being
heard.
The action came shortly before'
the Senate returned to the House
a $19.7-billion appropriations bill
for the IDepartments of Labor and
HEW.
The bill includes $1.26 billion for
a variety of health, education and
welfare programs added by Con-
gress to Nixon's budget for the
current fiscal year. Nixon has said
he will veto the bill because the
added funds would feed inflation.
The Senate returned the b ill
to the House in a disagreement
over an item not related to the
veto prospect. Leaders hoped to
resolve this dispute over anti-
poverty spending quickly and send
the .measure on to the White"
House.
Speaker of the House J o h n
McCormack said the outcome of
the battle over a veto would de-
pend on the Republicans.
It takes a two-thirds majority
to override a presidential veto,
which means only 145 votes would
be needed to sustain it if all 434
members vote. There are 189 Re-
publicans, but 85 of them voted
for the appropriations bill last '
month despite the threat of a
veto.
The unhappiness of some -Re-
publicans at :the coming con-:.
frontation with Nixon was voiced
by Rep. Robert McClorey of Illi-
nois.
In a House speech, McClorey
urged the President to reconsider
his threat to veto the bill. "I dont=
feel a veto of this bill is an essen-
tial part of President Nixon's plan
to control inflation," McClorey
said.
At the Democratic caucus Ma-
jority leader Carl Albert of Okla-
homa drew enthusiastic applause
for a slashing speech attacking
the administration and the prom-
isgd veto.
"Mr. Nixon and his Madison
Avenue - trained subordinates to
the contrary," said Albert, "the is-
sue is not inflation. The only is-
sue is the health and education
of the people."
The Michigan Daity, edited and an-
aged by students at the Uiversit~' o
Michigan. News phone: 764-0552. Second
Class postage paid at Ann Arbor, Mieh-
igan. 420 Maynard St., Ann Arbor,
Michigan 48104. Published daily Tues-
day through Sunday morning Univer-
sity year. Subscription rates: $10 by
carrier, $10 by mail.
Summer Session pubished Tuesday
through Saturday morning. Subscrip-
tion rates: $3.00 by carrier, X30by
mail.

WASHINGTON (IP) - The Se- h a v e to draft higher numbered

l WV5LY WAREE
wtu our as wur~e aw a
iRK BA PHYILCAlVERT JEAN PERRE CASSEt JOHN CIEMENTS JOHN GIEGUI JACX HW KINS KENNETHNMORE
LAURENCE OLMER MCHAEL REDGRAVE VANESSA REDORAVE RALPHRICHAROSON MAGGIE SMITH SUSANNAH HORK JOHN MILS
wo4AN U s. EBO u Co aEB U 0mos.
DREAM DUiFFYXa RICHARD ATT>EUOROUIGH RICHARD ArtENYBOROUGII

lective Service System has issued
instructions to d r a f t boards to
stay within lottery No. 60 in the
February draft calls.
For January, a ceiling was pro-
posed at No. 30 in the lottery list.
Official confirmation yesterday
of the February ceiling reversed
an official's statement Monday
day that there would be no limit
for February - a position which
would have allowed local 'boards
to call numbers as high as neces-
sary to meet their quotas.
It remains to be seen how well
the guidelines will achieve uni-
formity; the results of January's
effort are not yet known.
Many low-numbered men now
deferred or exempt are expected
to lose that status and become
draftable later in the year. But if
required to meet monthly quotas
as in the past, local boards might

men in the absence of those tem-
porarily out of reach.
The White House, Selective Ser-
vice, and the Pentagon thus de-
cided in December to set yearly,
instead of month'ly quotas and let
local boards that are short of low-
numbered men early in the year
catch up later as previously ex-
empt persons become available.
Under this system, if one board
does not have enough men with
numbers under 60 to fill its quota,
the state board will transfer some
of its quota to another local board
with a surplus of men within the
limit.

A White House source said at
least one factor is the need to give
pre-induction physical examina-
tions to a new set of men in the
transition to t h e lottery system
that took effect last month.
Also many low-numbered men
will not lose deferments until lat-
er in the year - especially college.
students subject to reclassifica-
tion after June. Thus, guidelines
might be necessary well into the
year.
The Pentagon has estimated
some 225,000 men must be drafted
out of about 550,000 available this
year.,



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Realtor may be fined
for code violations


0".

ii

LINDA

RICH

Louis Rome, a controversial Ann
Arbor landlord, was warned yes-
terday that if he does not correct
alleged code violations in his
apartment building within 15
days, he will be ticketed by the
city Building and Safety Engin-
eering Department.
In a letter, City Attorney Jerold
Lax warned Rome, executive di-
rector of the state crime commis-
sion, that if the repairs are not
made, Rome will be required to
pay a fine or if he refuses, to face
a trial.

The dwelling involved, located
at 321 Thayer St., was inspected
by the department on Oct. 15. At
that time, the departmen~t sent
Rome a letter listing the alleged
violations.
The building was re-inspected.
on Dec. 19 following a complaint
about the heat and on Jan. 6 two
building inspectors concluded that
there had been little improvement
of the alleged violations.
Rome was unavailable for com-
ment last night on the union's
charges and on Lax's warning let-
ter.

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- N.Y. Times

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