Vol. LXXXIV, No. 14-S
Ann Arbor, Michigan-Saturday, Moy 25, 1974
WASHINGTON (A - The Water-
gate special prosecutor appealed
directly to the Supreme Court yes-
terday, asking a speedy decision on
whether President Nixon has the
right to withhold evidence from
the Watergate trials.
The petition to the nation's
highest court was filed just two
hours after U. S. District Judge
Gerhard Gesell had warned that
presidential failure to turn over
subpoenaed evidence was leading
one of the key Watergate trials to-
THE MAIN QUESTION presented to
the high court by special prosecutor
Leon Jaworski was:
"Whether the President, when he has
assumed sole personal and physical con-
trol over evidence so demonstrably ma-
terial to the trial of charges of obstruc-
tion of justice in a federal court, is sub-
ject to a judicial order directing com-
pliance with a subpoena issued on the
application of the special prosecutor in
the name of the United States."
The direct reference was to a sub-
poena issued by U. S. District Judge
John Sirica April 18 at Jaworski's re-
quest requiring the White House to turn
over tapes and documents needed for
evidence in the Watergate cover-up trial.
THE WHITE HOUSE had moved to
quash the subpoena, but Sirica denied
the motion Monday and ordered Nixon to
turn over the evidence. -
Formal notice of appeal by the White
House to the circuit court here had been
filed shortly before Jaworski filed with
the Supreme Court - an effort aimed
at bypassing the circuit court and ex-
pediting a decision.
Jaworski asked the Supreme Court to
give speedy hearing to the case and re-
solve it during the present term of court,
scheduled to end next month.
THE SUPREME COURT appeal asked
the high court to examine the entire
question of "executive privilege," which
the White House has raised frequently in
efforts to retain material demanded by
Watergate investigators and the con-
gressional impeachment inquiry against
"The case involves basic constitution-
al issues arising out of the doctrine of
the separation of powers and the pow-
ers of the judiciary and the prerogatives
of the chief executive," Jaworski said.
"Perhaps most fundamentally, this case
also presents a question of overriding
concern to the full and impartial adi.
istration of justice.
"Is our constitutional system of gov-
ernment sufficiently resilient to permit
the executive branch to establish an in-
dependent prosecutor fully capable of
investigating and prosecuting allegations
of criminal misconduct by officials in the Daily Photo by KAREN KASMAUSKI
executive office of the President?" Ja- THE LATE DUKE ELLINGTON enthralls a sellout crowd at the Power Cen-
worski asked. ter last January. The visit was the last of many the legendary jazz musician
See JAWORSKI, Page 10 made to Ann Arbor.
World mourns death of
NEW YORK (1) - Duke Ellington,
jazz pianist and bandleader w h o be-
came one of America's greatest com-
posers, died yesterday of cancer and
pneumonia at Columbia Presbyterian
Medical Center. He was 75.
Tributes poured in from around the
world. The Belgian radio broadcast El-
lington's greatest hits. The Paris news-
paper Le Monde reported his death un-
der a headline on the back page, usual-
ly reserved for last-minute important
PRESIDENT N I X O N called him
"America's foremost composer." Boston
Pops Director Arthur Fiedler said El-
lington was "not only a great musician
but a great gentleman."
Edward Kennedy Ellington, who got
his nickname "Duke" as a youngster
because of his elegant dress and man-
ner, entered the hospital at the end of
March, complaining of "shortness of
breath." The hospital said he received
radio and chemotherapy treatments and
at the end suffered from cancer of both
lungs and pneumonia.
His sister, Ruth, and his son, Mercer,
were at his bedside at his death. Elling-
ton married in 1918, but soon separated
from his wife. He leaves three grand-
A FUNERAL is scheduled for Monday
at the Episcopal Cathedral of St. John
the Divine, the city's largest church,
where one of Ellington's massive "sac-
red concerts" was premiered in 1968.
It employed three choirs, a ballet, four
singers and a band.
When a bishop asked him in 1965 to
write the first of his "sacred concerts"
for San Francisco's Grace Cathedral,
Ellington said he answered: "Yes, yes.
Now I can say loudly and openly what
I have been saying to myself on my
"Man, you don't stop believing in God
if you were brought up with love," he
said. "And I was brought up with love,
make no mistake about that."
ELLINGTON wrote more than 1,000
compositions including tunes such as "In
My Solitude," "I Let a Song Go Out of
My Heart," and "Don't Get Around
Much Any More."
His theme, "Take the A Train," was
by his long-time arranger and assistant
See WORLD, Page 9
Local jazz fans remember
Duke Elington's wizardry
By TONY CECERE
Over the years, the "Duke of Jazz"
made dozens of appearances in Ann
Arbor. As recently as last February,
Ellington and his entourage played to a
capacity audience at the Power Center.
After Ellington's death yesterday, lo-
cal citizens who were acquainted with
him reminisced about the tremendous
impact' the jazzman had on the music
"HE WROTE an awful lot of music,"
commented music Prof. William Bolcom,
referring to the more than 1,500 songs
the -Duke had composed. "He really
matured jazz with a brand new kind of
orchestration that mixed the brasses and
the winds in a way that influenced prac-
tically everyone who composed in the
twentieth century-from Stravinsky to
Joan Morris, a vocalist now perform-
ing with Bolcom, spoke of the Duke's
"He was very youthful, he simply re-
fused to grow old. He moved like he was
20 and maintained a cool. With a little
gesture he could do so much and maybe
that washhis real power-learning to do
a lot with a little."
THE-DUKE'S last concert evokes fond
memories in Lou Smith, director of the
University Jazz Band.
"Hearing the Duke in person reminded
me of being a kid and going to an
amusement park for the first time-a
real thrill. He was one of the finest
musicians who ever lived-I'm crushed
at his passing."
See ANN ARBOR, Page 9