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Page Two
THE MICHIGAN DAILY
Tuesday, July 7, 1970
Tuesday, July 7, 1970
THE MICHIGAN DAILY
Ii
vtote ' ",
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Chck"
IN MASSACHUSETTS
ALLEN EDGES McCOVEY
1
t .
_ e
Birth c
BOSTON IP-The 1st U.S.
Circuit Court of Appeals ruled
yesterday that Massachusetts'
birth control law is unconsti-
tutional because it "conflicts
with fundamental human
rights."
The court said the intent of
the law, which forbids giving
birth control devices or drugs
to unmarried persons, was to
declare contraceptives inherent-
ly immoral.
Such a position, the court.
said, was outside the legal pow-
ers of the state.
Suffolk County Dist. Atty.
Garrett H. Byrne said he will
appeal the ruling to the U S
Supreme Court.
The circuit court in the -:uling
threw out the conviction of birth
control advocate William R.
Baird.
Baird was sentenced to 90
days in Suffolk County jail for
handing a package of vaginal
foam to an unmarried woman
during a student .neetirg at
Boston University in Npril, 1967,
ontrol 1
He served part of the sentence
after losing his appeal to the
state Supreme Court.
His subsequent appeal to the
U.S. District Court was dismiss-
ed, but the federal Appeals
Court agreed to rule on his ap-
peal and ordered him released
on bail.
In its ruling the Appeals Court
referred to the state Supreme
Court ruling on Baird's appeal
and to the state court's decision
of one week ago on another
challenge to the constitutional-
ity of the law.
In the most recent ruling the
state Supreme Court rejected
the contention of two physicians
that the law was unconstitution-
al because it prevented them
from exercising their medical
judgment to unmarried patients.
The state court held the law was
a proper exercise of the state's
power to protect the health and
welfare of its citizens.
The Appeals Court rejected
that argument, saying: "It is
impossible to think of the stat-
haw
overturned
Aaron
total
ute as intended as a health
measure for the unmarried, and
it is almost as difficult to think
of it as so intended even as to
the married."
In the opinion written by
Chief Judge Bailey Aldrich, the
federal appeals court said the
Massachusetts high court "neg-
lects the fact that the legislature
has recognized that health .does
not require prohibition; a phy-
sician may safely prescribe for
married persons. If the prohibi-
tion which the court supports is
to be taken to mean that the
same physician who can pre-
scribe for married patients does
not have sufficient skill to pro-
tect the health of patients who
lack a marriage certificate, or
who may be currently divorced,
it is illogical to the point of ir-
rationality."
The court continued, "We do
not believe that health is the
legislative purpose, but if it is,
the statute is arbitrary and, by
the same token, grossly discrim-
inatory."
The ruling noted also that the
state Supreme Court made no
attempt to distinguish between
possibly dangerous drugs and
devices and those which are
patently harmless.
The Circuit Court also reject-
ed the state's argument that the
birth control statute served the
legitimate purpose of protecting
morals by acting as deterrent to
fornication.
The court said there was no
need for a deterrent to for-
nication by means of the birth
control statute, and that "we are
led inevitably to conclusion that,
so far as morals are concerned,
it is contraceptives per se that
are considered immoral."
The effect of the law is that
persons who "will nevertheless
persists in having intercourse...
must risk for themselves an un-
wanted pregnancy, for the child,
illegitimacy, and for society, a
possible obligation of support,"
the court ruled.
The decision continued; "Such
a view of morality is not only
the very mirror image of sensible
legislation; we consider that it
conflicts with fundamental hu-
man rights. In the absence of
demonstrated harm, we hold it
is beyond the competency of the
state."
The Appeals Court similarly
rejected the state's contention
that Baird had no legal basis
to attack the law.
*
*
Davenport retires to take
job -as coach with Giants
SAN FRANCISCO A) -- Infielder Jim Davenport, favorite of
San Francisco Giants' fans since 1958, will retire to become a coach,
the San Francisco Giants announced yesterday.
Davenport, who will be 37 Aug. 17, will become the Giants' fourth
coach for the remainder of the season, joining,/Wes Westrum, Larry
Jansen and Ossie Virgil.
Jim Ray Hart was brought up from Phoenix to replace Daven-
port on the roster and will serve as a pinch hitter and utility man for
the time being, Manager Charlie Fox announced from Atlanta, where
the Giants began a four-game series Monday night.
Davenport had played little this year, recording a .243 average
for 37 times at bat. Rookie Alan Gallagher has won the third base
job, where Davenport starred for the past decade.
With Davenport's retirement, the Giants have only two active
members of the team that played its first game in San Francisco in'
1958. They are Willie Mays, 39, and pitcher Mike McCormick.
Davenport decided to retire after a meeting with Giants' owner
Horace Stoneham during the flight to Atlanta from San Francisco.
"I hate to retire as a player," Davenport said, "but the time has
come. I can't make the plays I once did. I'd rather stay with the
Giants as a coach than try to stretch my playing career with an-
other team."
Davenport played 1,500 games for the Giants, at third base,
shortstop and second base. He even played a few games at first. His
lifetime average is .258.
NEW YORK P) -- Richie Al-
len of St. Louis beat out Willie
McCovey of San Francisco, the
National League's Most Valu-
able Player of 1969, in the final
voting for the 1970 All-S t a r
team and Hank Aaron of At-
lanta topped the fan poll with
1,394,847 votes.
The National League team,
announced yesterday by base-
ball Commissioner Bowie Kuhn,
also included Rico Carty of At-
lanta, a write-in candidate who
had been left off the original
computer ballot when it was
compiled last winter.
The o n 1 y close competition
was for first base where Allen
came out with a late rush to
edge out McCovey by 13,139
votes. Of the 2,034.720 votes re-
ceived in the balloting by fans,
Allen had 479,137 and McCovey
465,998.
Aaron, Willie Mays of S a n
Francisco and Carty formed the
outfield which will f a c e the
American League J u 1 y 14 at
Cincinnati's n e w Riverfront
Stadium. Pete Rose of Cincin-
nati, t h e two-time batting
champ. was fourth in the out-
field voting, finishing 67,173
short of Carty's write-in total.
tops
Roberto Clemente of Pittsburgh,
a four-time batting champ was
fifth in the outfield voting,
aboUt 80,000 votes behind Rose.
Johnny Bench of Cincinnati
was second high in total voting
with 1,091,134 votes as he out-
distanced all competitors for
the starting pitcher's job. The
next best was Joe Torre of St.
Louis with 126,413.
Chicago's second-short com-
bination of Glenn Beckert and
Don Kessinger also won with
room to spare.
Tony Perez, t e Cincinnati
third baseman who leads the
All-Star
b
r
lea
te
13
cal
na
tli
ea+
F1h
ai
WE
we
erg
AUSTI N
DIAMOND
Drout of s'
frweek
1209 S. University
663-7151
I I
Welfare agencies
cited as slumlords
I III
.__.._.. ...._._.. .._ __ _. _ __.. _. _- -- -----I
Major League Leaders
AMERICAN LEAGUE
Player Club
A. Johnson, Cal
White, NY
Oliva, Mi
F. Robinson, Bal
J1. Powell, Bal
W. Horton, Det
Fosse, Cle
Killebrew, Min
'Iovar, Mini
Harper, Mil
G
79
79
72
68
80
76
69
75
75
AB
313
308
300
255
279
292
259
256
306
306
R
43
60
53
50
47
43
36
53
68
59
H
104
101
98
83
88
92
81
80
95
95
Pct.
.332
.328
.327
.325
.315
.315
.313
.313
.310
.310
I
prices compared with sale prices. All summer and year around suits and sport coats ATLANTA, Ga. (P) - Welfare,
on sale. I give you my personal guarantee that these prices will not be lower any- departments in four Southernj
time during the summer. --Jack Fagin states are collectively "the larg-
est slumlords in the South," ac-
P.S. Sorry no charge cards will be accepted at /hese l n prices. Xe will however accept la) cording to a report y the South-
awa s fr one waeek ith l('one- fou rib /itrChbase /rice d/own-i. ern Regional Council.
SUITS SPORT COATS "Collectively the welfare de-
SUITSpartments of North Carolina,
60.00 SUITS NOW 42.88 40.00 SPORT COATS NOW 28.88 South Carolina, Virginia a n d
65.00 sUTS NOW 45.88 45.00 SPORT COATS NOW 31.88 Florida are the largest slumlords
-4.00RTCITSANOWT498.in the South," said the report in
750.00 SPORT COATS NOW 35.88 the council's monthly newspaper,
NOW 56.88 55.00 SPORT COATS NOW 38.8 "South Today."
0.00 SUITS The council, a private civil
85.00 SUITS NOW 59.88 60.00 SPORT COATS NOW 42.88 rights research and information
90.00 SUITS NOW 63.88 65.00 SPORT COATS NOW 45.88 agency, did not give specific fig-
95.00 SUITS NOW 66.88 70.00 SPORT COATS NOW 49.88 ures on the amount of s 1 u m
100.00 SUn's NOW 70.88 'property owned by the four de-
110.00 SUITS NOW 77.88 75.00 SPORT COATS NOW 52.88 partments. It said the land was
115.00 SUITS NOW 80.88 Sizes 35 to 54 acquired through liens on prop-
erty of welfare recipients, used to
assure repayment of any claims
See Our Co"1 plete Select ion of Big, Tall and Hard-To-Fit Clothes for Men after the death of the client.
The report s a i d the depart-
ments are "the primary perpe-
tuators, if not actual architects,
of the Southern slum."
It said states have become slum
owners in an attempt to recoup
some of t h e i r welfare expendi-
211 S. Main Jack and Betty Fagin tures by enforcing liens or claims
against the property-owning poor.
The lien or claim laws provide
U
FA
that welfare recipients must put
a "voluntary" lien on their prop-
erty so that the state can be as-
sured of repayment upon death of
the client, the report said.
"Once the recipient dies," the
report said, "and the state gains
title to the land, the property is
not sold for at least six months
and sometimes two or three years
pass before it is disposed of at
auction."
"Since the property cannot be
rented or leased during this per-
iod, it deteriorates like a fester-
ing sore enhancing the squalor of
the city or county slum - a fit-
ting monument to the welfare
system's concern of the poor."
The report said supporters of
the lien system admit that the di-
rect recoveries are not sufficient
to justify the laws.
"The real financial benefits
that accrue are in the deterrent
effects of the law, since the liens
keep thousands of people f r o m
applying f o r public assistance,"
the report said.
The SRC article stated that the
lien laws, in addition to leaving
the property vacant and rotting
on the death of a recipient, also
remove from the owner any in-
centive for keeping the property
in good repair while he is alive.
The SF0C added : "Those states
in the South which have lien laws
are precisely those states which
have home of the highest land
values in the region due to in-
dustry or tourist trade. The same
holds true for states with 1 i e n
laws outside the South, such as
New York, Pennsylvania, New
Jersey and Massachusetts."
The report suggested that the
best way to remedy the situation
of the welfare slum would be "a
negative property tax developed
along the lines of the negative
income tax to provide resources
as well as the incentive to im-
prove ghetto homesteads."
ET
The Michigan Daily.,-edited and nmm-
ag~ed by students at the University of
Michigan. News phone: 764-0552. Second
Class postage paid at Ann Arbor, Mich-
.gan, 420 Maynard St.. Ann Arbor,
Michhigan 48104. Published daillTues-
day through Sunday morning Univer-
sity year. Subscription rates: $10 by
carrier, $10 by mail.
Summer Session published Tuesday
through Saturday morning. Subscrip-
tion rate: $5. by carrier. $5 by rmaill.
Home Runs
Killebrew, Minnesota, 24; F. How-
ard, Washington, 21; J. Powell, Bal-
timore, 21; Yastrzenski, Boston, 20;
Bando, Oakland, 16; IHarper, Miu-
wakee, 16.
Runs Batted In
J. Powell, Baltimore, 65; Kille-
brew, Minnesota 63; WV. Horton.,hDe-
troit, 61; F. Howard, Washington, 59;
Oliva, Minnesota, 59.
Pitching
8 Decisions
Cain, Detroit, 7-2, .778; McI~aniel,
New York, 7-2, .778; Me,Dowell
Cleveland, 11-4, .733; Hunter, Oak-
land, 13-5, .722; McNally, Baltimore,
12-5, .706; Wright, California, 12-5,
.706; Palmer, Baltimore, 12-5, .706.'
Don't let the
down at lunch time. The Michigan
Union buffet served daily from 11 :45
to 1 :00 is the place. The atmosphere
is relaxed, the menu is different, and
the price is right. Don't wait, break
the habit and try the Michigan Union
buffet.
Private rooms available by reservation
CALL 764-7535
Rent an interme
Ford sedan or similar c
in Ann Arbor for just
10c a mile from .Frida'
Monday noon. Two d
insurance included an
you only pay for the
gas you use. To reser\
a car call 761-2974.
To pick it up
come to 402 South
Main.
BREAK THE HABIT!I
NATIONAL LEAGUE
Player Club
Carty, Atl
Perez, Cini
Clemente, Pgh
lickman, Chi
Grabrkewitz, LA
G;aston, 51D
Tolan, Cin
Rose, Cin
B. Williams, Chi
13. Aaron, AtI
G AB R
78 280 60
80 302 60
65 251 33
74 251 52
76 251 46
77 308 46
73 270 58
80 319 62
79 310 71
73 278 60
11
102
109
87
84
84
102
88
101
101
88
Pct.
.364
.361
.347
.335
.335
.331
.326
.317
.317
.317
SUMMER SPECIAL
ONLY $10.00 from now through August
$10.00 DEPOSIT REQUIRED
same routine get you
Hhone Runs
Perez, Cincinnati, 27; Bench, Cin-
cinnati, 25; B. Williams, Chicago 24;
H. Aaron, Atlanta, 24; R. Allen, St.
L~ouis, 22.
Runs Batted In
Perez, Cincinnati, 84; B. Williams,
C'hicago 75; Carty, Atlanta, 69; 11.
Aaron. Atlanta, 69; Bench, Cincin-
nati, 69..
Pitching
8 Decisions
Simpson, Cincinnati, 13-1, .929;
Nash, Atlanta, 10-2, .833; Gibson, St.
Louis, 12-3, .800; Sadecki, New York,
6-2, .750; Billingham, Houston, 6-2,
.7 50.
Join The Daily
Sports Staff
ERINNIELL'S
BOB DYLAN SELF PORTI
CALL
169-3550
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