THE Michigan Daily Twelve Pages Vol. LXXXIV, No. 14-S Ann Arbor, Michigan-Saturday, Moy 25, 1974 Ten Cents Twelve Pages Javvorski requests High Ct. decislon 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- ward dismissal. 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 Nixon. "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 jazzman DkeEllington 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 news. 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- children. 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 knees." "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 world. "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 Copeland." Joan Morris, a vocalist now perform- ing with Bolcom, spoke of the Duke's charisma. "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