~t~ Si tan Daittjkd Eighty-one years of editorial freedom Edited and managed by students at the University of Michigan 420 Maynard St., Ann Arbor, Mich. News Phone: 764-0552 Editorials printed in The Michigan Daily express the individual opinions of staff writers or the editors. This must be noted in all reprints. SATURDAY, SEPTEMBER 30, 1972 Politicizing the pot law >' I " .° -r Tsr "I THINK this attack is unauthorized!"' IN VOIDING the sentencing section of the city's progressive marijuana or- dinance yesterday, District Court Judge S.J. Elden has committed a politically- motivated act that is made all the worse by his self-voiced judicious intentions. In his opinion, delivered during a rou- tine sentencing under the law passed by City Council last May, Elden knocked out both the $5 fine provision of the ordi- nance and a newer section passed Sept. 18 which forbids the placing on probation of any person convicted of violation of the local law., Elden chided City Council members for intrusion into the judicial functions of the Fifteenth District Court and for at- tempting to take away from the court the discretion to impose a sentence. The fact that Elden, who along with his colleague, Judge Pieter Thomassen, has been privately critical of the law ever since it went into effect, coupled with the fact that Elden is seeking election to the Circuit Court this November, makes his ruling smack of personal prejudice and politics rather than the high judicial con- cerns to which he pretends. HIDING BEHIND the honorable motives that the court acted entirely out of judicial concerns and was not questioning the policy of the law itself, it is Elden himself, and not City Council, who, de- serves the chiding. For in striking down the new law, Elden' has made a mockery of the legitimacy of the duly-elected and representative body which voted after lengthy deliberation to approve it. The question of whether or not the city ordinance is, in fact, technically uncon- stitutional, may indeed be a hazy matter. But we agree with the many judges and lawyers who do not embrace a strict con- structionist attitude toward the consti- tution, as long as the essence of the law in question is within bounds.f Something is in essence unconstitu- tional if it goes against the grain of in- tent and purpose of our Founding Father's document. However, a law may be in technical violation if it appears to overstep its properly designated realm of authority. Thus, a city ordinance may be declared technically unconstitutional if it differs from the law of the judicial authority above it (in this case the state of Michigan), even though the state could adopt the city's law tomorrow and stand in perfect straits with the law of the land. CERTAINLY, the law is the law, but come on, Judge Elden. Since the law was adopted last May there has been no move by the state to take action against it. The representative body of Ann Arbor has passed an ordinance which in its essence does not disturb a single tenet of the Constitution. Moreover, it is ironic that the people of Ann Arbor are ap- parently being chided for taking progres- sive action on a matter which past events have shown has until recently been treated in a totally mistaken fashion. It seems quite clear that it is only a matter of time before virtually all states will adopt ordinances similar to the one struck down in Ann Arbor. It is at least for- tunate that Elden's action will only serve to slow down-and not halt-the process of eventual decriminalization and legali- zation of marijuana on a nationwide basis. Hopefully, City attorney Jerold Lax will appeal the ruling. Concerned residents of Ann Arbor can only urge that in the future the legislation of their represen- tatives is upheld, and keep this incident in mind when Elden comes up for election Nov. 7. -ROBERT SCHREINER Editorial Director 'No comment' news WASHINGTON - The U.S. Army announced yesterday that after 66 years it was clearing the records. of 167 black soldiers who were dis- honorably discharged for a frontier shooting incident in Brownsville, Texas. The Army said the disciplinary action was the only documented case of mass punishment in its history. Declaring the action a gross injustice, Secretary of the Army Robert Froehlke ordered the discharges changed to honorable for the 167 members of the First Battalion, 25th Infantry, an all-black unit. President Theodore Roosevelt ordered the men punished in 1906 for what he called their "conspiracy' of silence" in refusing to testify against their fellow soldiers during the investigaton of the shooting that history has come to record as the "Brownsville affray." According to the history books, at about midnight, Aug. 13, 1906, some 16 to 20 armed men rode on horseback through the streets of Brownsville, firing wildly into the homes of whites. One resident was killed and several others injured. The shooting followed a fight between a black soldier of the First Battalion and a white merchant, which resulted in the town's being plac- ed off-limits for the battalion, which was, quartered in nearby Fort Brown. The soldiers were dishonorably discharged en masse some three months later, although a series of military enquiries and a county grand jury failed to establish the identity of any of the men involved, No soldier would give evidence against his comrades. Army officials said yesterday no attempt would be made to de- termine if any of the men were still alive and notedsthat the action ruled out any back, pay and allowances for their descendants. "The secretary felt the record should be cleared and did so," a Pentagon spokesman said. CHICAGO - Edward Barrett, who is Cook County Clerk and has been a power in Illinois Democratic politics for more than 40 years, was indicted yesterday by a Federal grand jury on charges of income tax evasion, mail fraud, and bribery in connection with the county govern- ment's purchase of voting machines. The 72-year-old Mr. Barrett was accused of accepting $180,000 in bribes between 1967 and 1970 from the Shoup Voting Machine Company of Philadelphia (now out of business) for recommending the purchase of 900 of the company's voting machines. Mr. Barrett is also accused of receiving kickbacks for placing in- surance on the voting machines. * * * DAILY STAFF writer Kathy Ricke reports if you're thinking '-of travelling to Washington D.C., the Gaithersburg Holiday Inn has just the accomodations you might be looking for. Ask for the Presidential suite, but don't be surprised to find out go- that it covers eight floors. Or that it has three bedrooms - complete is with a Roman whirlpool bath, sauna, and circular rotating velvet-lined un- bed. If that seems a bit plush you might want to retire to the "vice ies presidential waterbed room". Or maybe even the maid's room (no ss- fancy bed, but a remote control color t.v. and gold plated bathroom c h fixtures). ed; If you get thirsty during the night just reach to one of the faucets on- on the headboard and pour yourself a scotch and soda, or maybe a to martini (extra dry). On your way out in the morning don't forget to stop by the "executive room" and pick up your "free" cigars. but As' you pull away in your chauffer driven limousine - it's part of ion. the deal try hard not to look out the window or you might see what's ud- there. nds In an area where twenty per cent of the total population makes ber less than $5,000.00 annually is one hotel suite that cost $200,000 just to res' not decorate and has never been used. For $1,400.00 a night who could ny afford it? ny NEW YORK - The three American pilots freed by North Vietnam un- landed at Kennedy International Airport last night and immediately nts an incident erupted. of Lieut. (jg) Mark Gartley of the Navy initially refused a military request that he immediately go to St. Albans N a v a 1 Hospital in New York for a medical check-up..Gartley, who had been escorted to the ght U.S. by his mother, instead demanded that he be permitted to spend a few days at home with his family. tor A violent shouting match then erupted between Ms. Gartley and a Defense Department official, who insisted that the lieutenant go to the hospital. he "We just wanted a couple of days when he could be completely y- free," Ms. Gartley said amid sobs, "free of the Navy, free of the it Government, free of the press and free- of the North Vietnamese." 311 Dr. Roger Shields, the chief Pentagon officer for prisoner affairs, 00 told Ms. Gartley, "He's an officer in the United States Navy." Lieut. Gartley finally agreed to go to the hospital. 41 GradI By ZACHARY SCHILLER FOR A COUPLE of years now, articles such as this one have each spring, detailed the bleak out- look for job-seekers, both college- educated and otherwise. However forboding the employ- ment situation seemed, though, there was always the hint that, at least for those with college de-1 grees, the outlook would eventually brighten. For, after all, who could get a job if a college graduate could not? , In answer to this seemingly rhe- torical question has come a study of the Bureau of Labor Statistics on the current job outlook al well as a CBS documentary and several articles in leading periodicals. The verdict of all is summed up by "Business Week": "The mismatch between gradu- ates and jobs looks less like a tem- porary thing and more like a prob- lem that will plague the nation for years to come." In virtually every field, colleges and universities are now producing more trained graduates than there will be jobs for in the forseeable future, the magazine reports. A PARTICULARLY extreme ex- ample is in the field of education, ob outlook dim where one source predicts a teach- er glut of nearly two million by 1980. But the excess of graduates over jobs has even moved into the fields of law and medicine as well; the Health, Education and Welfare Dept. predicts an end to the peren- nial shortage of doctors by 1978. Does this mean that there is tru- ly no need for educated people? Can we say that the overcrowding of classes, the lack of doctors in many areas, and rocketing costs of legal fees will all disappear by the end of the decade? Obviously, we cannot. What we can say is not that ed- ucated people are unnecessary, but rather that our economic system is geared to the needs of the people who can pay as opposed to the peo- ple as a whole. Education in this country receiv- ed its biggest shot in the arm from the Soviet Union's Sputnik, which led the U.S. government to multi- ply funds for education by seven times since 1958. According to magazines like "Business Week", that big booster was never directed, so we now have a classic case of, over-supply: too many educated people when jobs increasingly require vocation- ally skilled and semi-skilled work- ers. THE PROBLEM with this arl ment is that it is superfical; it not that educated people arei needed; on the contrary, our cit cry out for renewal, our cla rooms are crammed fuller e a year; pollution continues unabat the lack of child care facilities c demns many would-be-workers the home. The crisis is not one of need, l rather of economic organizatit And the thousands of graduates employed - the figure now star at eight per cent of their numt -will begin to ask themselv why is it that their skills can: be used when there are so ma problems to be solved. More strikingly than almost a other phenomenon, that of thei employed college graduate poi out the inequities, of our mode economic organization. Zachary Schiller is a Daily Ni ltor and a frequent contribu to this page. The Editorial Page of Th Michigan Daily is open to an: one who wishes to subm articles. Generally speaking, a articles should be less than 1,0C words. The sick state of welfare z THREE YEARS AGO President Nixon went on record promising his staunch support for welfare reform. In virtually every major speech during his term of office, he has underlined the urgency of getting his welfare program through Congress. Now ironically, the Administration in refusing to compromise its original plan, threatens to block passage of any wel- fare legislation at all this year. In an Administration news release yesterday, Health, Education and Welfare Secretary Elliot Richardson declared that Nixon would only support the Adminis- tration plan. The original Nixon plan, which has already been passed by the House, guar- Today's staff: News: Dave Burhenn, Tommy Jacobs, John Marston, Jonathan Miller, Chris Parks Editorial: Robert Schreiner Photo Technician: David Margolick Published at 420 Maynard St., Ann Arbor, Mich. 48104 Owner - Board for Student Publications. 420 Maynard St., Ann Arbor, Mich. 48104 Bond or Stockholders - none. Average Press Run - 7200 Second class postage paid at Ann Arbor, Michigan, 420 Maynard St., Ann Arbor, Michigan 48104. antees an annual income of $2,400 to a family of four. This plan includes per- sons unemployed along with persons re- ceiving substandard wages. However, the Nixon p'lan is disputed first by a proposal from the more con- servative Senators. Their proposal would remove from the welfare rolls all able- bodied persons who refused to work. ON THE LEFT, most liberal Democrats support a counter-proposal by Sen- ator Abraham Ribicoff (D-Conn.) which would raise the guaranteed income to a figure of-$2,600 for a family of four. Ribi- coff's plan also seeks to test guaranteed income and wage supplements for the working poor under a pilot program. The Administration release yesterday contradicted a statement issued in Au- gust when Richardson had conceded "there's going to be some give and take" on the matter., The threat of a Senate deadlock aggra- vates the welfare issue and inevitably perpetuates the much-lamented status quo. With the principle of welfare reform long conceded as necessary three years is high time to come forth with action if Nixon's promise is to be made credible. Operating as a "democratic" govern- ment for "democratic" reform the Ad- ministration cannot afford such royal adamancy of "all or none" with regard to plans for popular welfare reform. -MARCIA ZOSLAW ,. Letters: SGC's credibility less than Nixon's To The Daily: I READ THE "Find Joel Silver- stein and win a cookie" caper with a mixture of amusement and disgust. To me this affair is typical of our "student government", and I consider myself most gracious for using those words. With who else but SGC would a nationwide manhunt be necessary to locate the members. Student Lo- cator should have a subdivision called SGC locator or maybe we should hang a bell around their necks and put a sign on them say- ing "I belong to SGC, please help me find my way to Ann Arbor." With all the bickering and in- fighting I could swear I was watch- ing little children fighting over a new toy. I thought I'd seen every- thing in Cook County until last year's SGC election. These are the "responsible" '(I feel so generous) individuals who are to help pro- vide the means of change in the, University community. Who has a bigger credibility gap, Nixon or SGC? How can we de- mand more out of establishment politicians if we can't do better our- selves? The real tragedy is in the fact that Silverstein was right when he said ". . . I can represent the students from here (California) just as well as from there (Ann Ar- bor)." They all might as well be on the moon. Let Silverstein have his seat or take it away, w h a t' difference does it make? Won't we ever have a group --. (excuse the pun) that will enable us to take the quotes off "student government"? -Mike Townsend '74 Sept. 26 Abortion To The Daily: I AM EXCEEDINGLY tired of reading articles, letters, and edi- torials about the abortion fracas written by men who feel the need to proclaim their "liberality" des- pite their anti-abortion stand. In regard to William Manwaring's letter (Daily, Sept. 28), I have only one response: you are a man, Mr. Manwaring, and you will nev- er have to skulk around seeking an illegal, and perhaps unsafe,' abortion. You won't have to go hundreds of miles to find a safe and legal abor- tion. The problem is a woman's problem; it strikes me as the worst sort of inhumanity for a man to take it upon himself to make such a critical woman's decision. Interestingly enough, I know of no operation that is denied to men by reasons of illegality. When I say I am pro-abortion I am saying only that I wish to be able to live my life on my own terms and regulate my body as I see fit. I am not asking all women to have - or even to condone - abor- tions; I am asking that I be per- mitted to undergo an abortion if I so choose. I am not condemning men on a grand, general scale; I am questioning men's right to con- trol what I do with myself. For that matter, I also question ano- ther woman's right to deny me the privilege of abortion. It is my decision on every level but the legal one. For those of ist Party Senatorial Candidate Tho- mas Dennis was racist and anti- Communist. Reporter Paul Travis distorted and omitted substantial portions of Dennis' campaign. In- stead of reporting Dennis' positions, Travis seemed fascinated with the prospects of Dennis not winning. Reading the article, there are at least five different places where Travis concludes that Dennis won't win - or even get many votes.' At the same time, the article barely mentions the CP positon against war and repression. The CP position against racism, and for Black-white Chicago unity in the peoples' struggles, is omitted en- tirely. And nowhere in the article is there even a mention of Dennis' re- cent participation in the peoples' struggles, most notably his o u t - standing role in the movement to Free Angela Davis and all political prisoners. So, not only does the article downgrade the chances of Thomas Dennis to receive a sizeable vote, it distorts his-and his party's- participation in struggle, and omits the CP position on the centrality of the fight against racism. Finally, it must be pointed out that the Communist Party is not in the election only to win votes. The CP candidates are exposing reactionary candidates and helping to build a fighting anti-monopoly coalition based on the working class and Black-white-Chicano un- ity. To reduce the CP campaign on- ly to votes is to miss, the boat. The Daily owes Dennis and his party an apology and owes its readers objective reporting on the issues and candidates in the 1972 elections. novement and a magazine which he has probably never read. It is obvious that the conven- tional press has thus far failed to discuss controversial topics about the very role and status of their female readers. Too often, wo- men's issues have been relegated to the }'dear abby' and 'sweet and sour tuna recipe' pages. Her-self newspaper was form- ed last spring to create a much needed outlet for all women in the community. It has a wide distri- bution and, incidentally, a large number of male subscribers. Most all of the articles are contributed by members of the community and not the editors. With Her-self's fifth issue cur- rently going to press; Corbet's of- fer to donate his "organizational ability" comes a bit too late. Any constructive enterprise such as a newspaper does not need "male muscle power." Rather, it requires intelligence, creativity, and per- severence. Besides, the idea of having a "male quota" (as Corbet suggests) is as ludicrous as having quotas for those with 'red hair' or 'fal- len arches.' Corbet's paternalism is reminiscent of white suburban- ites trying to advise the Blacks. Corbet claims that "there is a disturbing tendency for certain ele- ments to dominate the otherwise legitimate concern for women's rights." It seems that -Corbet is unaware that these "certain ele- ments" are actually the women in the community. Perhaps he would feel less threatened if the wo- men's movemenat were more con- cerned with his own personal re- actions rather than with women's issues. -ri5c K 1MBMPY t' A AP2V50R TO PRESIL7&)T$ 1-K) 1fi6 F(6t-1OF F6(6tU POLICYI is CALUF IN THS A ('N fREPO5 AKJDciPN~~R OF OF H15 OPTIOKY. t . t . ..,' N 4r AMA' EVCRY -TILI (06 wFapo(T, - - TK6 FlRfsTrUJM6 THE &)XT REG' f-r ES K)c CO.-. VOTE~ To SEA£ON(CH ( WrO CNJLN2DATI. A.Vi4- f34J(t K65 ( I &)EOMFV2Y. . $ v ."