Summer Daily Summer Edition of THE MICHIGAN DAILY Edited and managed by students at the University of-Michigan Tuesday, July 10, 1973 News Phone: 764-0552 Nixon won'ttalk... PRESIDENT Nixon's refusal to testify and submit per- sonal papers to the Senate Select Watergate Com- mittee- on the constitutional grounds of "separation of powers" is a facade that will damage not only himself and the office of the presidency but the country itself. In a letter sent to committee chairman Sen. Sam Ervin (D-N.C.), Nixon wrote, "I have concluded that if I were to testify before the committee, irreparable damage would be done to the constitutional separation of powers." THE invocation of the separation of powers doctrine is only another attempted obfuscation of the Watergate inquiry based on constitutional grounds. The first wrench thrown in the inquiry process was the President's refusal to have his aides testify before the committee because of the so-called executive privi- lege doctrine. But the general outcry after the statement made the President back down. The next attempt at subterfuge of the investigative process was the claim that Ervin's committee was de- stroying the constitutional rights of the defendants. But Ervin has justly proceeded with hearings based on his feelings that the public has a right to know the facts behind Watergate. NOW, we hear another attempt to impede the proceed- ings; again on constitutional grounds. In Saturday's statement the President invoked as precedent for his action Harry Truman's refusal to ap- pear before the House Un-American Activities Com- mittee in 1953. As usual, however, contrary precedents are available. Abraham Lincoln, for example, testified twice before Congressional committees. In Saturday's letter to Ervin, however, President Nixon repeated his intention to address the Watergate matter publicly "at an appropriate time during your hear- ings." The real issue, then, is how will the President answers his accusers and, specifically will he allow him- self to be cross-examined in public. The President has at his disposal a number of for- ums from which to choose. Many suggestions have been offered, and the President can choose one at his discre- tion. But cross-examination must be a basic element in any such forum. A written document is insufficient. For as Sen. Ervin has stated, "You cannot cross-examine a piece of paper." And the President must reverse his stand concerning disclosure at relevant executive papers. Refusal to do so leads to the conclusion that evidence is being hidden. FOR THE good of the presidency, and the country, and needless to say, for his own good, President Nixon must make a full accounting of his knowledge of the Watergate affair. Only then can he possibly resume his duties without the element of scandal shadowing his every move. .g. but will Mitchell? JOHN Mitchell, who could prove a key figure in Sen. . Sam Ervin's (D-N.C.) Watergate committee inves- tigation, begins his testimony before the committee this morning. Mitchell, the former attorney general and head of the Committee for the Re-election of the President, re- signed the latter post one week aftr the Watergate break- in. His testimony is important because like John Dean, H. R. Haldeman, and John Ehrlichman, he was one of the few men with personal access to the President. MITCHELL has already been indicted along with former Secretary of Commerce and campaign treasurer Maurice Stans in a campaign finance case and has re- portediy- admitted knowledge of money channelled to the Watergate defendants after they were arrested- ostensibly for legal expenses. Undoubtedly he will be asked about these matters, but the more critical aspect of his testimony is whether he told the President about the planning of the Water- gate operations and subsequent cover-up efforts. In recent weeks, however, Mitchell's lawyer has said that his client's testimony will not implicate the Presi- dent. But under the hard questioning of the Watergate panel Mitchell may be forced to say more than he intends. UNLESS Mitchell throws out a few surprises, the anxious public will have to wait for Haldeman and Ehrlich- man, and perhaps the President himself, to uncover the true story behind Watergate. If, indeed, the true story will ever be known. Summertime lifestyle iasy: Having fun is no sweat By ROBERT BARKIN Co-Editor As PORGY stated so succinctly, it's "summer- time and the livin' is easy." Touring the campus for the first time since the harried days of winter-term exams, the starkly-contrasted tempo of summertime is pleasantly evident. The weather, of course, bears main respon- sibility for the new mood pervading the campus. The days are hot, often humid and vastly dif- ferent from the polar days that are associated with Ann Arbor in the winter. THERE ARE also much fewer people in the area. The teeming hoards swarming from class to class have been replaced by a mere trickle of scantily-attired humanity. Walking on campus is no longer a horserace. The weather makes that impossible. It is just too hot to run. And the ubiquitous lines that accompany every event during the regular school year are a rarity. Going to movies or out to eat does not involve hours of standing and pushing. Arriving ten minutes before showtime does not automatically land you a seat in the rear. The center of entertainment in the city, the bars, are always packed but not overflowing. The chances of being shutout are not as great as during the winter when thousands crowd for that last stool at the counter. NOT ONLY does the summer bring fewer people, but also many different people. Th e students, of course, still dominate the campus. But their number has been trimmed to a man- ageable size. The real addition to the summer scene is the so-called "street people." For the Republicans they are a "blight on Ann Arbor." For the Rainbow People, they are a source of life. But. however they are termed, the street people have a culture of their own. And they inject this lifestyle into the city's bloodstream. DOPE IS an ever-present part of Ann Arbor life. But the combination of the street-people cul- ture and easy days make it all the more evident. Peddlers sell their wares in the Diag, often with a modest twist. One peddler told customers that he was not trying to make a profit on his dope deals. "I just want to buy a pair of pants and a shirt so I can take a chick out tonight," he explained. The customer nodded that this indeed was just cause. But with the dope peddling there are also dope crises. At a Sunday concern at Huron H i g h School, a stage announcement warned that some people were putting acid in food and giving it to others. "You won't believe this," said t h e announcer, "but there is a kid back here who is tripping on spiked olives." Dope however, is not the only component of the street culture. There is also the sharing, or what others might call panhandling. Sometimes its wine that is shared, or perhaps grass, or as is often the case, it is money. "Don't fuck it," shouted a member of the street culture, "put money in the bucket." The "high-energy" music that resounds from the Huron High School field every Sunday plays an integral part in the street life. People enjoy the music in their own way. Some stand up and "boogie" while others toss the frisbee, but all enjoy the "sounds." For the permanent residents of the city and many of the students who call Ann Arbor their home, the thousands of street-people constitute an irritating invasion. But, they have become as much a part of Ann Arbor's summer as the green leaves and sultry days, and just as ephemeral. Sens. Ervin and McCarthy: A minimum of similarities exist T HE PORTRAIT of Sen. Sam Er- vin as a contemporary incarna- tion of the late Sen. Joe McCar- thy, with Richard Nixon as the defenseless victim of his wicked inquisition, in increasingly finding its way into the public prints. It has naturally been promoted by Nixon apologists never heretofore sus- pected of devout allegiance to the Bill of Rights. But it has been defensively taken up by some civil libertarians quite properly fearful of succumbing to a double-stand- and on Congressional investigative abuses. Some peripheral aspects of the preliminary proceedings were ob- viously subject tovalid criticism. Too many committee members- or their aides - were clearly g-ilty of leaking accounts or private tes- timony before witnesses took t h e public stand and faced interroga- tion. Ervin and his associates have moved to curb that flaw by cur- tailing closed previews and briefs. But beyond that procedural de- fect, there has been no serious resemblance between the Ervin sessions and McCarthy's ruthless productions. One palpable differ- ence, of course, it that - until McCarthy made the arrogant tac- tical blunder of declaring war on the U.S. Army - many of his targets were private citizens being harassed for associations and be- liefs. Moreover, anyone who recalls - those hearings - or reads the re- cords thereof - will find no signi- ficant parallel between the bully- ing, arbitrary demeanor of Mc- Carthy's counsel, Roy Cohn, and that of the Ervin committee's Sam- uel Dash. If Ervin himself cannot always resist the temptation to de- liver parenthetical constitutional discourses for the benefit of the TV audience, he has scrupulously insisted on differentiating hearsay from evidence. And his occasional theatrics can hardly be likened to the intimidatory tantrums that were McCarthy's favorite exercise - aimed not only at witnesses but also at fellow committee members when they even faintly questioned his conduct. THESE contrasts, however, do not wholly answer the contention that there is an inhe rent element of carnival in any televised hearing and that the rights of some pro- spective defendants may be im- periled. On this point two things need to be said. One is that it is far more likely that any such defendants will be able to use the hearings to thwart criminal prosecution - be- cause of prejudicial matters - than that they will be eventual vic- tims of any hostile atmosbhere be- ing generated. The more fundamental point is that the hearings were the pro- duct of the process of coverup that began in high places the moment the Watergate burglars bungled. THE PUBLIC record now shows beyond dispute that the country was fed acontinuous diet of false- hood by press spokesman R o n Ziegler (who, it is now indicated, may have at times been a victim of outright lies told him by his superiors). It shows that President Nixon has himself been repeatedly required to change his own story when earlier utterances were de- monstrated to be "inoperative." We do not yet know the whole truth; we have only glimpsed the tangled web. For most Americans the central question concerns the role of the President. He h a s al- ready confessed sponsorship of a lawless counter-intelligence p r o- gram that was aborted by the late J. Edgar Hoover (out of caution or pride in his own work). He is personally tarnished by the invas- ion of the office oftEllsbergs psy- chiatrist, and by the offer of the FBI directorship to the judge pre- siding in the Ellsberg case. The ultimate, perhaps decisive, issue remains the degree of his awareness of and connivance in the far-flung conspiracy to obstruct jus- tice with hush money. IT IS ENTIRELY conceivable that Mr. Nixon might not have evaded all these questions if the Ervin Committee had not come into existence. There is no assurance that the full truth will now be unfolded, but there is at least a fighting chance -especially as the men around Nixon begin to seek self preserva- tion. Does any aspect of this in- quiry contain any threat to civil liberties comparable to the danger- ous, audascious anti-democratic games now being exposed? Many months ago Mr. Nixon was urged to name a special prosecutor and thereby forestall the Senate probe. He chose to defy those appeals, even gambling on his ability to sabotage the inquiry through the use of "executive privilege." Sam Ervin did not create this crisis: Mr. Nixon did. In the end, he will be a morally impotent Chief Executive until or unless he faces Ervin's committee. Whether he can politically survive such a confrontation may be very un- certain. But no form of fugitive survival can restore any semblance of authority and dignity to his ten? ure. James Wechsler is the editor- ial director for the New York Post. Copyright 1973, New York Post Corporation. l.etters to The Daily Play draws raves To The Daily: THESE ARE not happy times. Between renewed bombings, gov- ernmental scandals, worthless dol- lars and priceless meats, how can we laugh? What golden spirit does it take? The Fireside Theatre had it. And last week (June 3Q.) Peter Anderson and the Residential Col- lege Theatre demonstrated t h a t they just might have it too. Their play, "The Banana from Outer Space," literally knocked and rocked their audiences safely clear of all the garbage mentioned above. And then turned around and laughed at it. I do, however, have a request for Mr. Anderson and his hoary band. Saturday night your ushers must have turned away at least two hundred would-be play goers with the excuse of being "sold out." So, people, how about a return engagement? Okay? -John W. Giese