r U t 4 T 9 A -t- A Page Two THE MICHIGAN DAILY Tuesday, July 7, 1970 Tuesday, July 7, 1970 THE MICHIGAN DAILY Ii vtote ' ", 0s o 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. 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