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Supreme Court rules on
disclosure of documents
WASHINGTON VP) - The Su-
preme Court yesterday refused
to interfere with a lower court
order imposing specific burdens
on government attorneys at-
tempting to deny access to docu-
ments sought under the Freedom
of Information Act.
The Supreme Court declined
without comment to hear a gov-
ernment challenge to an order
imposed by the U. S. Circuit
Court for the District of Colum-
bia in suits brought against the
Civil Service Commission and the
Overturning decisions by trial
judges, the appellate court said
the government must provide the
courts and the plaintiffs a de-
tailed description and index of
secret documents requested un-
der the Freedom of Information
UNDER present practice, the
appellate judges, said, lawyers
seeking government files cannot
present an effective argument
because they know little more
than the general content of the
The government, on the other
hand, can present a convincing
argument against disclosure be-
cause it has the benefit of full
knowledge of the contents, the
SOLICITOR GENERAL Robert
Bork urged the Supreme Court
to reverse the lower court order
because it would "deprive the
government of the opportunity to
determine the most effective
manner in which to organize and
present its case ..."
IN ANOTHER case yesterday,
the Supreme Court refused to
revive an Oklahoma state regula-
tion prohibiting sale of natural
gas "at a price so low as to
cause physical waste."
The justices affirmed a deci-
sion by a three-judge federal
panel which struck down the reg-
ulation by the Oklahoma Corpor-
ation Commission as an infringe-
ment on interstate commerce.
The lower court held that the
regulation really was intended
"to increase the price which Ok-
lahoma producers may receive
from interstate pipelines."
HARVEY CODY, conservation
attorney for the state commis-
sion, told the Supreme Court in
a brief that the regulation was
needed to keep productive wells
from being abandoned because
of low prices.
Ray asks court to put
imits on confinement
SCARFACE (at 6:30 & 10:15)
Howard Hawks' 1932 gangster classic on the career of Al Capone. It
stars Paul Muni, George Raft, and Boris Karloff.
THE JAZZ SINGER (at 8:30)
The talkie that changed an industry and ruined the art of silent films.
Al Jolson wants his Mamie.
CINEMA GUILD $1 EACH SHOW ARCH. AUD
NASHVILLE () -In his first
court appearance since 1969,
James Earl Ray, convicted as-
sassin of Dr. Martin Luther King,
arrived in the federal court-
house here yesterday morning.
Ray, serving 99 years in the
King murder, is testifying in
United States District Court be-
fore Judge L. Clure Morton at a
hearing on whether he should be
released from solitary confine-
Ray says his health has de-
teriorated in solitary confine-
ment and he cannot properly pre-
pare for his appeal to withdraw
his plea of guilty in the King
He has asked to be allowed to
mingle with the general prison
population, to go to the library
and church and to be given the
same food as other inmates.
STATE OFFICIALS say they
expect a full hearing on Ray's
petition to withdraw his plea of
guilty sometime later this sum-
mer, probably in Memphis where
King was killed on April 4, 1968.
Five years ago this month, Ray
pleaded guilty to the sniper slay-
ing of the Nobel Prize-winning
civil rights leader. Two weeks
after pleading guilty, Ray began
his efforts to change his plea to
Ray has charged that former
lawyers forced him to plead guil-
ty for their own self-interests.
DURING THE PAST five years
in prison, Ray has filed numer-
ous petitions to state and federal
courts complaining his rights are
being violated by prison offic-
ials and he is being mistreated.
Ray says that he feels he is
in no danger from other inmates
in the prison. However, prison of-
ficials say they fear that Ray
will be killed if he is allowed in
the prison yard with other in-
JAMES EARL RAY (wearing sun glasses), the convicted assassin of Dr. Martin' Luther King Jr., is
taken back to the Tennessee State Prison after a hearing in U.S. District Court on whether he should
be released from solitary confinement.
NEW THESIS PUBLISHED:
Scientist disputes theorythat
smoking causes lung ,cancer
f, :J 'r
. , , ;
. k ..
Award winning musical score "Theme from Elviro Madigan".
Swedish director Bo Widerberg (Joe Hill) sensitively and
beautifully portrays this love story of a tight-rope ballerina
and an Army deserter. "Excellent"-Film Review. "Stunning-
ly beautiful, much like The Immigrants and The Passion of
Anna, but in a class by itself".-Film Quarterly.
LONDON (Reuter) - More
than 20 years since the first de-
finitive evidence emerged to in-
dict smoking as* a principal
cause of lung cancer, a leading
British scientist has publicly
challenged the whole theory.-
Prof. Philip Burch, -a medical
physicist from the University of
Leeds, has re-examined and re-
jected the evidence which he
once accepted as proving a con-
Instead, he argued in an ar-
ticle in the latest "New Scien-
tist" magazine, the figures and
studies show that genetic de-
velopment is the main cause of
lung cancer. Whatever it Is that
impels people to smoke may
also induce the deadly disease.
HIS ARGUMENT, closely rea-
soned and backed by columns of
statistics, hinges on two main
0 Despite all the research, "no
convincing description of the
mechanism whereby smoking is
supposed to cause lung cancer
has emerged;" and
O Close study has convinc-
ed him that the smoking-causes-
cancer data, statistics showing
increased death risks for smok-
ers, are ambiguous, inconclusive
He also cites various reports
suggesting that lung cancer was
drastically under-diagnosed in
the 19th century and has been'
almost as seriously over-diagnos-
ed this century. This, he says,
accounts for the apparent dra-
matic rise .in the incidence of
the disease since the turn of
the century, coincidental with
the universal spread of cigarette
'One or more of the
genes that predispose
to c e r t a i n smoking
habits are the same as,
or associate positively
(or negatively) with,
genes that predispose
to various diseases.
We should, perhaps,
smoking as a disease.'
BURCH ADMITS he was con-
verted by the views of the late
Sir Ronald Fisher, "who has
been described as the greatest
statistician who ever lived" and
who vigorously opposed the
smoking - and - cancer - link
data from the start.
He turns to Fisher for they
answer to "the undoubted fact
that smokers suffer a higher in-
cidence ,of lung cancer and var-
ious other fatal diseases than
"THE ONLY plausible and con-
sistent explanation of most of
these positive and negative asso-
ciations seems to be in terms of
Fisher's 'constitutional hypothe-
"One- or more of the genes
that predispose to certain smok-
ing habits are the same as, or
associate positively (or negative-
ly with, genes that predispose to,
"We should, perhaps, regard
compulsive smoking as a dis-
ATTACKING various aspects
of the "smoking kills" argument,
although agreeing it does harm
people with chest complaints
such- as bronchitis., Burch. quoted
evidence that smokers who ii-
hale may be less likely to get
lung cancer than those who
He alsonoted that Finland in
1960 had Europe's second high-
est lung cancer rates but below-
average cigarette consumption.
Studies of the average age of on-
set of lung cancer, and of the in-
cidence among identical twins
only one of whom was a smoker,
also supported the genetic cause
theory, he said.
THE MICHIGAN DAILY
Volume LXXXIV, Number 133
Tuesday, March 19, 1974
is edited and managed by students at
the University of Michigan. News phone
764-0562. Second class postage paid at
Ann Arbor; Michigan 48106. Published
daily Tuesday through Sunday morning
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Subscription rates: $10 by carrier (cam-
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Natural Science Aud.
Recruiters at Career Planning &
Placement, 3200 S.A.B. Drop in
or call 764-7456 for appoint-
ment. March 18-21, 9-5.
It's still not too late to come down to the Daily
and help us out. The
NEEDS PEOPLE who want to:
A career in law-
without law school.
Our Officer Selection Officers are looking for a few good college men-
-maybe 3 out of 100-who will make good Marine officers. If you're one of
them, we'll give you a chance to prove it during summer training at Quan-
Our program is Platoon Leaders Class, PLC. With ground, air and law
options. You might even qualify for up to $2,700 to help you through college.
But if money is all you're looking for, don't waste your time.
The challenge is leadership. If you want it, work for it. If you've got it,
show us. It's one hell of a challenge. But we're looking for one hell of a man.
e CP 1.74
S The M arinesPlease send me information on
Box 38901 Marine Corps Platoon Leaders
Los Angeles, California 90038 Class. (Please Print)
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