Thu rsdoy, June 10, 1976
THE MICHIGAN DAILY
Page Seven
Thursday, June 10, 1976 THE MICHIGAN DAILY Page Seven
Cal. nixes nuclear control
Wallace, Jackson, Daley
boost Carter campaign
LOS ANGELES (A)-Californi-
ans have overwhelmingly re-
jected stringent controls over
nuclear power plants in one of
the most emotional and expen-
sive ballot battles in the state's
history.
But the measure's defeat on
Tuesday still left California with
three newly signed l9ws that
Gov. Edmund Brown calls "the
toughest ever passed." Brown,
who took no position on the bal-
lot proposal, said he was con-
cerned with nuclear safeguards
and credits the initiative for suc-
cess of the bills.
THE TALLY with almost all
votes c o u n t e d was 3,756,231
against to 1,848,518 for the
measure, Proposition 15.
The initiative would have void-
ed the bills signed by Brown,
and require power companies
to operate nuclear plants with
unlimited liability or have their
outputs restricted.
It also would require the leg-
islature to decide by two-thirds
vote that nuclear power sys-
tems are safe, or new plants
would be banned and old ones
phased out starting in 1981.
A MAJOR difference between
the initiative and the bills is
that the bills would not affect
existing plants or those being
built.
The "Yes on 15 Committee"
vowed to continue its drive for
tough safety standards.
"We've scared the bejeezus
out of the nuclear industry,"
said David Peonen, a San Fran-
cisco attorney who helped draft
the initiative. "We are not going
away."
AND T H E R E have been
moves in other states, most of
them in the West, to put the
same sort of initiatives on their
ballots. A spokeswoman for a
coalition working for their im-
plementation, said they include
Oregon, Colorado, Washington,
Montana and North Dakota in
the next year or two and Maine,
Ohio and Michigan shortly after
that.
Marijuana and the courts
(Continued from Page 4)
ing legislation."
Ruling on the ordinance at
the request of Ypsi police of-
ficers, Conlin noted that the
statute did not explicitly rule
out local variations. "University
towns such as Ypsilanti en-
counter marijuana use prob-
lems which are unknown to
most of the state. In the ab-
sence of a clear legislative
statement, it should not be
presumed that the legislature
intended to deny these cities
the flexibility they need to deal
with these problems."
Conlin was going beyond the
Controlled Substances Act to
look at the nature of the field
it occupied. The principle un-
derlying his approach can be
stated like this: the legislature
does not intend to pre-empt a
field when the potential for
unique local problems renders
that field inappropriate for uni-
form treatment on the state
level.
In his order to Shea two
months later, Conlin said what
he thought those unique local
problems were. "With the pass-
ing of the Vietnam war, drug
law enforcement, especially of
marijuana laws, is the prime
source of irritation between the
police and the student commun-
ity," he said. "The hostility
and mutual distrust so created
spills over into other areas and
denies the police an element
of citizen cooperation which is
essential to effective law en-
forcement."
In a brief to the Court of
Appeals, Hensel phrased the
purpose of the Ypsi ordinance a
bit differently. "The real pur-
pose of the ordinance," he said,
"is to protect residents of the
City of Ypsilanti from the en-
forcement of the state Con-
trolled Substances Act insofar
as it pertains to marijuana."
TIN LINE WITH HENSEL'S in-
terpretation, the argument
against Conlin's position comes
to this: if preserving the re-
spect of citizens for law and
law enforcement agencies is
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Ber aored to SI NG.
DANCt AND RtAD
enough to support a conclusion
that there is room for local
regulation, where do you draw
the line?
If residents disagree with a
state statute so strongly that
enforcement would create "hos-
tility and mutual distrust" be-
tween the community and the
police, would local residents be
permitted to mini-penalize gam-
bling, prostitution, racial dis-
crimination in rental of private
housing, or unlawful possession
of firearms?
The simple quesion, accord-
ing to Shea, was this: "Should
the dog wag the tail or the tail
wag the dog?" If communities
could do what Ypsilanti did, he
said, "This would eventually
lead to a complete breakdown
in the orderly process of gov-
ernment and destroy the very
democracy we seek to pre-
serve."
If it rules on the ordinance,
the Court of Appeals will have
to decide if upholding the law
would be as dangerous a pre-
cedent as Shea thinks it would
be. Although the principle could
be dangerous when taken to ex-
tremes, the judges might be in-
clined to uphold its application
to the limited facts of the
marijuana case, trusting that
future judges can draw a line
if it becomes necessary.
Ypsilanti City Attorney Ron-
ald Egnor has responded to
Shea's concerns, saying that
the legislature can always over-
turn a local position that up-
sets them.
SHEA, ON THE OTHER hand,
would have the legislature
specify beforehand. "Where
special local conditions do ex-
ist," he has written, "the state
legislature can make appropri-
ate exceptions if it chooses so
to do."
Michigan cases can be found
to support both the Shea and the
Egnor positions. The Court of
Appeals, on this aspect of the
pre-emption problem, can take
its pick.
(Continued from Page i1
now has the necessary number
of delegates to win the nomi-
nation," he said.
-Stevenson released 86 dele-
gates, Daley among them.
That is a total of 501 newly
available delegates, more than
enough to push Carter past a
majority. Furthermore, there
are 470 uncommitted delegates,
and Carter claims hidden
strength in that category.
ALREADY the Democratic
talk was turning to vice presi-
dential prospects. Church said
he was ready to listen if called.
Daley suggested Stevenson as
a running mate. Gov. Patrick
Lucey of Wisconsin saidi Sen.
Edward Kennedy might be per-
suaded to run with Carter.
Carter, back home in Plains,
Ga., in his denim work clothes,
said his new delegates and al-
liances "leave me free to
choose a vice president without
regard to politics."
Brown was the only chal-
lenger still campaigning yester-
day, said he doubted Carter
would turn to him as a vice
presidential choice, "and I'm
not very interested in it."
THE CALIFORNIA governor
went to New Orleans to seek
support among uncommitted
delegates, and said he may
move on to Massachusetts and
Connecticut on the same mis-
sion. "I'm going to go forward
as long as it makes sense to
me," he said. "There may be
some soft support for Car-
ter...
"It may just be that Mr. t6ar-
ter, while gaining momentum
among the delegates, has peak-
ed among the people," he said.
Humphrey, a candidate in
waiting all season long, issued
a statement saying Carter "has
a commanding lead.
"I THEREFORE will not au-
thorize any presidential politi-
cal activity on my behalf, and
I will do all I can to help unite
our party behind the candidate
chosen by the delegates at the
convention," Humphrey said.
Humphrey didn't quite bar
the door against candidacy,
and he has said all along that
he is available if the convention
wants him.
A spokesman said Carter
would not have anything to say
about Humphrey's statement.
"That's basically what he's
been saying for six weeks,"
said Jody Powell.
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