Page Eight
THE MICHIGAN DAI LY
Wednesday, May 31, 1972
High court OKs granting >' ,
less welfare to children
WASHINGTON (A') - T h e
Supreme Court ruled yesterday
that states may make smaller
welfare payments to needy child-
ren than to the blind, aged and
disabled.
The 6-3 decision came in a
case from Texas where about
87 per cent of these children
are blacks or Chicanos.
Justice William H. Rehnquist
said there was no evidence of
racial discrimination. And, he
wrote in the majority opinion,
'So long as its judgments are ra-
tional, and not invidious, the
legislature's efforts to tackle the
problems of the poor and needy
are not subject to a constitution-
al straitjacket."
Texas is one of 26 states that
set a ceiling on all welfare pay-
ments -and go on from there to
make iger cuts in the needy-
children category than in the
others.
"It is not irrational for the
state to believe that the young
are more adaptable than the
sick and elderly," Rehnquist
said.
In the same ruling, but by a
5-4 vote, the court approved the
method used by 18 states, in-
cluding Texas and the District
of Columbia to subtract all out-
side income earned by needy
families.
In these states, aid to the Ia x-
thru
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ilies is cut one-fourth below the
standard of need. If there is any
outside income the assistance is
further reduced by that amount.
Justices Thurgood Marshall and
William J. Brennan, dissenting
said federal welfare laws do not
allow larger welfare cuts for
dependent children than f or
other groups.
Justice William 0. Douglas, in
a second dissent, said these laws
should be aplied in the Texas
case 'against the background of
rank discrimination against the
blacks and the Chicanos."
torother action yesterday, the
Supreme Court rebuffed Se n.
George McGovern supporters by
denying thousands of new, young
voters a chance to participate hr
New York's June 20 presidential
primary. The high court agreed
to hear a challenge to the state's
system of party registration but
set arguments for next winter,
long after the election.
Under state law, otherwise
qualified voters may not partici-
pate in a primary election un-
less they have recorded their
party preference prior to he test
general election.
Challengers contend this re-
quirement disenfranchises sp to
750,000 persons including a n y
first-time voters ages 18-21, who
failed to register for the first
time before the state's local elec-
tions last November.
Also, in a unanimous decision
the Court denied California a re-
view of the state Supreme Court
decision of last February that
outlawed the death penalty in
California. That ruling -pat ed
the lives of 105 men and 5 wo-
men, including Sirhan Sirhan,
the assassin of Sen. Eobert F.
Kennedy, and mass-murderer
Charles Manson.
Environmentalists won a ma-
jor victory yesterday when a
judge established the principle
that states may not permit high-
quality air to deteriorate even
to the level of federal antipol-
lution standards.
U.S. District Court Judge John
H. Pratt endorsed this principle
of "nondegradation" mo rutig
on a suit brought by the Sierra
Club and three other environ-
ment groups against William D.
Ruckelshaus, head of the federal
Environmental Protection Agen-
cy.
He ordered Ruckelshaus to
make sure that state plans for
applying federal air-pollution
limits include this non-degrada-
tion element; otherwise, Ruck-
elshaus must disaprove the af-
fected portions of the, state plans
and impose his own regulations.
William Rehnquist
FIRST TIME REPORT
Acupuncture used in
NEW' YORK ( P) - A new
theory of how acupuncture
works made possible the first
reported successful operation
under acupuncture anesthesia
in this country, doctors said
yesterday.
The operation, using acu-
puncture needles, was per-
formed last Friday at the Al-
bert Einstein College of Medi-
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cine in New York. The needles
were used to anethetize the legs
of a 65-year-old bank em-
ploye for grafting skin from his
right thigh to the bottom of
his left foot.
The operation was perform-
ed by a team headed by Dr.
Frank Warren, who cited a
theory developed by Dr. Pang
Man, director of research at the
orthville State Hospital, North-
Northville State H o s p i t a 1,
Northville, Michigan, and his
colleague, Dr. Calvin Chen.
"The acupuncture operation
was made possible by their re-
port," Dr. Warren said.
Warren said details of the
theory, which Dr. Man calls the
"two-gate control theory," will
be made public at a news con-
ference Friday.
Man explained in general in
a telephone interview that one
gate, or point at which pain
impulses are blocked, is in the
peripheral nerves of the ner-
vous system. But this, he said,
does not explain how the pro-
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Prison disturbance
Deputies from the Passaic County, N.J., Sheriff's Department
stand by at Passaic County Jail yesterday after prisoners had
seized control of part of the prison.
48,000 AFFECTED:
Court aff irms bus ing
o fNshvile children
CINCINNATI, Ohio (NR - The U.S. 6th Circuit Court of
Appeals yesterday affirmed a lower court decision order-
ing busing of an estimated 48,000 pupils in the metropolitan
Nashville, Tenn., school system.
The Appeals Court, in a decision written by Judge
George Edwards of Detroit, upheld an earlier finding by
U.S. District Court Judge Clure Morton of Nashville.
"The district judge ordered that no stay would be is-
sued," the Appeals Court said, "and we likewise note that
any stay of this order must be sought from the United
States Supreme Court.
"ED The Nashville desegregation
plan went into effect this school
year. There are some 96,000
pupils in the system.
o era tion Edwards, in the unanimous
decision concurred in by Judges
Anthony Celebrezze of Cleve-
cedure works on areas not sup- land and Wade McCree of De-
plied by the spinal nerves. troit, left the door open for
"..We believe," Man says further litigation in lower
in his report, "that there is a courts.
second gate in the thalamus It noted that opponents of
which is also closed, thus stop- the busing plan ordered by
ping all pain impulses coming Morton had spoken of "prac-
in from any part of the body." tical problems" of implementa-
The thalamus is the main re- tion, including extended bus-
lay center for sensory impulses ing periods for pupils and pos-
to the cerebral cortex, the main sible undue danger to the
portion of the brain. Man said health of pupils being bused.
the acupuncture impulses, cre- But it also noted these prob-
ated when the thin needles are lems had not been aired at the
inserted into the body and District Court level.
twirled, are relayed not only to "Substantial as these prob-
the first pain gate, but via a lems appear to be on the sur-
complicated tract, to the thala- face," the opinion said, the
mus. Appellate Court cannot rule on
Man said the skin graft is them because "there is no mo-
not actually the first performed tion for relief pertaining to
in this country, but the first re- these facts" on file at the Dis-
ported. iTwo experimental oper- trict Court level.
ations have been performed at The Metropolitan County
Northville State Hospital, one Board of Education of Nashville
on himself and one on his wife. and Davidson County, Tenn.,
Man said an incision was had asked the court for relief
made on his leg under surgical from the District Court deci-
condition, using only acupunc- sion, which was the latest ac-
ture as anesthesia. "I didn't tion in litigation extending back
feel any pain," he said. ' 17 years.
---_- ~ The National Association for
Advancement of Colored People,
which filed the original suit 17
years ago, had filed a cross-ap-
peal in the Appellate Court, al-
leging that Judge Morton had
o selected the "least effective" of
* possible desegregation plans.
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