THE Michigan Daily Edited and managed by Students at the University of Michigan Friday, July 12, 1974 News Phone: 764-0552 The mountain asses IF RICHARD NIXON STANDS, as Hunter Thompson said, for "all that is corrupt and venal in American politics," than Earl Warren stood firmly entrenched in the bedrock of the Constitution. For as Nixon has per- verted that national charter, Warren upheld it in his dis- tinguished 16-year tenure on the Supreme Court. Warren was a compassionate man who could even forgive the criminal gaucheries of John Mitchell, who, as attorney general, tried to privately influence the court's decisions. As Eric Severaid put it, "He just figured Mit- chell to be a new boy in town who didn't know his way around." The High Court was quickly stamped with the label of the Warren Court" as decision after decision plowed new ground for racial integration, equal voting rights and procedural guarantees for criminal defendants. His decisions fanned the smoldering anger of the Right, and "Impeach Earl Warren" was a rallying cry of the ultra- conservative John Birch Society. But Warren refused to budge, pausing only to ask in cases before the Court: "Is it fair?" FARL WARREN UNDERSTOOD the Constitution and the doctrines outlined therein. He was a firm believer in the doctrine of separation of powers; but he also rea- lized that it did not give the executive branoh the power to treat its co-equals in Congress and. the Court with con- tempt and scorn. He realized that the Constitution does not give the executive license to steal, burglarize, condone perjury, and obstruct justice. Warren was appointed to the High Court in 1953 after having served as Governor of California-ironically, the post that Ronald Reasan now holds. He was a life- long Republican with such liberal views that former President Harry Truman once said "he's really a Demo- crat and doesn't know A." Warren labeled himself a "pro- gressive conservative." He was twice an avowed contender for the presiden- tial nomination, and ran on the losing ticket with Thomas Dewey against Harry Truman in 1948. When Truman pulled a stunning uset victory, Warren graciously wrote off the defeat as the "will of the people." A LAWYER BY PROFESSION, Warren had never served as a judge of any kind prior to his appointment as Chief Justice of the highest court in the land. By the time Warren had retired on June 23, 1969, ad- mirers ranked him with such judicial giants as John Marshall. Roger Tsnev and Oliver Wendell Holmes. Warren was, above all. a man who understood his function as a member of the High Court. In his farewell radio and television address to Californians prior to his investiture as the 14th Chief Justice. Warren called theI Supreme Court "the interpreter and defender of the Con- stitution." During his tenure on the Court, Warren was exactly that - an interpreter and defender of the Con- stitution. It is perhaps ironic that Warren passed away while the Supreme Court is in the midst of its most historic deliberation to date. (The Court is deciding whether President Nixon should turn over 61 White House tapes to Special Prosecutor Leon Jaworski), for Warren believed that the law applies to all men-presidents and kings notwithstanding. WHEN BENJAMIN FRANKLIN emerged from the Con- stitutional Convention, a woman anproached him and asked: "What do we have, Mr. Franklin: a republic or a monarchy?" "A republic, madam-if you can keep it," he replied. Richard Nixon would have us be a monarchy. It is up to the successors who have inherited Earl Warren's judicial mantle to trv keep us a reublic. It is the most fitting tribute that can be paid to him. -GARY THOMAS Summter Staff JUDY RUSKIN. EiHtor MARNIE IEYN Editorial Director KEN FINK Arts Editor GORION ATCHESON........Night Editor CHERYL. pSLA'rE ..................... ....., Night Editor JEFF SORENSEN. .... . . .Night Editor BARBARA CORNELL. ..... Ass't. Night Editor DELLA DTPIETRO........Aso't. Night Editor BILL HEENAN... .....As't Night Editor ANDREA LILLY........Asst. Night Editor STEPHEN HERSH..... ......................Ass't. Night Editor DAVID WH.ING ...... Asst. NightgEditor KEN FINK .............. 1... ,:..., Photographer STEVE K A GA N . ..... . . ... ..'. . . .. . .,.,.,..... .. Photographer MLARCS FSLDMAN Sports Editor CLARKE COGSDILL . _... . ..,............ . Contributing Sports Editor GEORGE HASTINGS ............. .............. Executive Sports Editor JOHN KAHLER ............................ Associate Sports Editor ROGER ROSSITER ...............:............. Managing Sports Editor Carolina in mry tm min d By DAVID STOLL ALEIGH, N.C.: Four days before Governor James Holhouser had proclaimed a state- wide day of "prayer and reconciliation" to calm furor over the issue, but before leaving town to make a traditional round of patriotic speech- es, he had also placed 1,100 National Guards- men on stand-by alert. That's just the way things are run in North Carolina, where on July Fourth some 6,000 protestors marched past grim Central Prison in the capital city of Raleigh. Inside, no less than 42 prisoners, most of them black, await execution. The march was probably the largest in the South since the assassination of Martin Luther King in 17968. Organized by Angela Davis's Na- tional Alliance Against Racist- and Political Re- pression, the marchers were demanding more than an end to the state's recently reinstated death penalty. The campaign against capital pun- ishment, a well-developed issue in North Caro- lina, was being used to challenge the state's entire progressive reputation. AMONG MARCH demands were freedom for de- fendants in several controversial criminal pro- secutions; an end to forced sterilization of poor women; an end to harrassment of blacks, Indians and labor unions; and a halt to the opening of a new behavior modification corrections center. "This is only the starting point," Ms. Davis said in a speech delivered before the state capitol, of a national civil rights effort "to fulfill the legacy left by the civil rights movement of the 1960s." Organizers tried to inflate the turn-out to 10,000, but the demonstration in fact attracted people from a wide range-of civil rights and left organi- zations. As one Alliance staffer from Minnesota put it, black leaders who previously "couldn't have been in the same room for 405 minutes without hav- ing a fight" had been brought together. Among those taking the stage with Communist Party member Davis were Raleigh's black establishment Mayor Clarence E. Lightner, who apologized to the audience for having spoilt their holiday by coming to the rally; Lawrence Little of the Win- ston-Salem Black Panther Party, flanked by three bodyguards; the Rev. Abernathy of the South- ern Christian Leadership Conference; and Imari Obadele of the Republic of New Africa. IN WHAT might be called a re-emergent rain- bow trend in the ideologically and racially splint- ered left, militant black voting people from North Carolina's medium-sized industrial cities march- ed alongside Indians, Chicanos and Puerto Ric- ans. Other blacks and white middle class radicals. from Chapel Hill, northern states and the West Coast were also there in strength. The peripate- tic Clyde Bellecourt' of the American Indian Movement showed up, as did Che Valazquez of the Puerto Rican Socialist Party and representa- tives from militant UAW and AFL-CIO locals. They hadn't come for the heat, which was stifling. Although marchers linked arms, clapped hands and sang "We Shall Overcome" as had marchers in the civil rights actions of a decade ago, the rhetoric was different. The state etab- lishment in North Carolina, according to a re- crring phrase heard during the day, was a "laboratory for racism and repression." The reference to the laboratory is no mere metaphor. Scheduled to open this fall at Butner in a new $13.5 million federal "correctional re- search center." There prisoners from across the country will be experimented upon with psycho- surgery, chemotherapy, electroshock, sensory de- privation and aversive conditioning. NORTH CAROLINA also apears to have more 'politically motivated criminal prosecutions, at least one of them directed from John Mitchelln Justice Department, than any other state in the union except perhaps California. Two civil rights leaders, Rev. Ben Chavis of the Commission for Racial Justice and Dr. Jim Grant of the Southern Conference Educational Fund, have been subjected to a particularly ten- acious series of prosecutions. With every appeal exhausted, Grant is now serving a 25 year sen- tence for allegedly burning down a stable in 1968. The only -evidence against him was the testimony of two men who were granted immunity from prosecution in order to talk. It was revealed by the Charlotte Observer this spring that the Jus- tice Department had also paid the men at least $4,000 each, and probably much more, to secure their testimony. Specific approval of the payments had been given by the U.S. -assistant attorney general Robert Mardian, currently under indict- ment on charges of conspiracy to arrange hush payments to the Watergate burglars. IN THE -CASE of the Wilmington 10, Chavis and nine others have ben sentenced ta 29-34 years in prison on charges stemming from the 1971 disorders in Wilmington in which w h i t e vigilantes laid siege to the black community. They are currently out on bond pending an appeal. Some fifty Tuscarora Indians have been in- dicted on charges stemming from attempts to gain control of their schools and orgaiize a political movement. They are variously in jail on convictions, awaiting trial or out on bond pend- ing appeal. In the case of the Ayden Eleven, black teen- agers were sentenced to a total of 133 years in prison for allegedly setting off a bomb in a school lavatory which injured no one, although it did occur during protests against the killing of a handcuffed black farm laborer by a white policeman. There was no evidence linking the accused to the incident, but each was induced to confess during police interogations. Thursday afternoon in Raleigh Sister Angela was obviously pleased by the crowd, having spent the previous month making what often seemed unsuccessful attempts to drum up support for the march, "We may be politically powerless but our will to struggle is fierce," she told marchers in the elegant diction which she delivers, rising and failing in pitch, like a female war .ry. "We are rich in spirit and we are determined to get our freedom." ABERNATHY EXHORTED the crowd in a manner reminiscent of his old chief, the Rev. Martin Luther King, Jr. "We are sick and tired of our people dying on death row," he chanted. "We know the real criminals in American are not in jail. They're on the outside.' He called North Carolina "one of the most, if not the most repressive states in the union" and paid tribute to Davis as a "former political prisoner."' Since the acquittal in 1972 which freed her from immediate government pressure, Davis has been stumping the country on behalf of others in the same situation. On the initiative of the An- gela Davis Defense Committee, the National Al- liance was organized in May 1973 to defend move- ments and their leaders from "growing repres- sion" by the government. It first came to North Carolina in February at the invitation of state groups and activists. ALTHOUGH THE ALLIANCE was established as a defensive measure, it may be performing an integration function as well. It is deeply in- volved in the Attica and Wounded Knee Trials and in the California prisons, as well as in North Carolina. When an attempt to organize a similar national rally in the state was made a year and a half ago, it floundered largely because blacks were unwilling to work with whites. At last week's march most of the banners carried the names, not of the groups from which participants were originally drawn, but of the state alliance chapters with which each is affiliated. Organizers had been firmly committed to o peaceful action, in part because the coalition could not have sustained confrontation, but also because authorities had reportedly sustained con- frontation, but also because authorities had re- portedly promised death if the line of march came within 75 yards of the prison. When the strictly marshalled marchers passed the h u g e, menacing red-brick fortress, atop which waved a United States and a North Carolina state flag, a strategically placed double line of boxcars was blocking any nearer approach. The demonstra- tors raised their fists and kept on. Hidden behind the boxcars were 150 riot-equipped state police. THE ONLY TIME the marchers grew angry was as they passed a dozen white supremacist pickets standing behind a protective cordon of police. As about thirty members of the media squeezed in. Jubiliant blacks and 'noe nakedly malevolent middle class whites crowded around, directing an overwhelming torrent of buse at them. "We got 'em. We got 'em." "Hey boy. Boyl This man's name is boy. We're gonna call him boy." - "We got the main KKK guy here, and he can't do nothing!" "Well boys, you can all go back to your cage now, we done looking at you." Besides three helmeted and arm-banded Amer- ican Nazis, a Ku Klux Klan Grand Dragon and a Grand Califf in their robes, the group also included LeRoy Gibson, head of the Rights of White People, an organization best described as rightward of the Klan. Gibson, who called hund- reds of armed men into Wilmington during the 1971 disorders and faces assorted bombing charg- es, turned out to be a short, dumpy loudmouth under a crewcut. "WE ALL OBEY the laws, don't we boys?" he said, just a trifle nervously, as thousands of militant blacks and what he called "white trash" formed up the street. "The days when these nig- gers get out to march and demand things are just about over," he then confided. But from the number and range of people who turned out to denounce the state establish- r ment in North Carolina last week, that doesn't seem too likely. ^ , s .- wv^ ,sr a'£ c ., _ , y s d . f' , z ;r ; f. " i ' ° ? ' ti .. .: .e a . i... <. i - 2 '. T.t:i 'Y3t% .Y... .s> ? Y. t.. ' 7:22t