The Mail-Journal, Volume 6, Number 49, Milford, Kosciusko County, 7 January 1970 — Page 9
The PUBLISHED EVERY WEDNESDAY The Milford Mail (Eat 1888) Byracute-Wawa.ee Journal (Eat 1907) p Consolidated Into The Mail-Journal Feb. 15, 1962 democratic ARCHIBALD E. BAUMGARTNER, Editor and Publisher •» DELLA BAUMGARTNER, Business Manager Box 8 Syracuse, Ind., — 46567
Uplifting News
Relax girls. The United States Department of Labor says the longrange outlook for jobs as secretaries looks supercalifragilisticexpi. . . .(great). In other words, technology poses no threat to the gal who can type, take shorthand ; and perform other office amenities including brightening the
Shoveling Snow
SNOW shoveling can pose a real hazard to men who are middle-aged or older and slightly out of shape. The most common serious threat of overexertion is heart attack./ If you are overweight, recently recovered from illness or lead a normally inactive life, do not subject your body to sudden excessive physical demands. Snow shoveling is good exercise if you use good sense. First, always work slowly and take frequent rest breaks. Second, get an early start on the morning of a fresh
fßayh-Lines A FROM WASHINGTONjBggSMR
Bayh To Introduce Judicial Ethics Legislation
WASHINGTON. D. C. (Special)—We’ve been hearing a lot of talk these days about judicial ethics, both in connection with Siqireme Court Justice Abe Fortas and. most recently. Supreme Court nominee Clement Haynsworth A rising tide of criticism, (fcrected not only at these men. not enh at the Supreme Court, taa at mt whole juicial system, tans Aetas the public's con* Memo * ear juAaary 1 personally find this •oar aafe dtaiortuag •» 1 know an? of an colleagues in tow of 3>e xajor questions in Ae MopMaaodb. cnee was. 6f course erven the accepted facts. Ad the judge violate the federal AsquahficatMn statute, which calls for Asqualificauon when a judge has a substantial financial interest in a case Unfortunately, the present statute does not define precisely what constitutes a “substantial interest.” It was clear to most observers that Judge Haynsworth had violated the disqualification law as practiced in his Fourth Circuit Court, but the view taken by one other court was used to cloud the issue and confuse the debate. Had there been a uniform interpretation of the statute at the time the Senate was considering the Haynsworth nomination, perhaps the question could have been decided earlier. And perhaps public confidence in the judiciary would not have been shaken as it was. I had hoped that the Judicial Conference of the United States,
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EDITORIALS
the 25-member administrative arm of the court system, would clarify this issue of what outside business activity is compatible with a judge’s official duties. But the Conference now seems to be retreating from its earlier attempts to come to grips with the problem, leaving the issue as unresolved as before. I have reluctantly con uded that Congress must step into this area in order to end these continued controversies over just what is ethical for our judges. It is essential that we furnish the judiciary with the guidance to eliminate what has become a very sticky problem. I therefore intend to introduce legislation soon revising the federal disqualification statute and requiring financial disclosure by all federal judges. The first part of this legislation will make it absolutely dear that whenever a judge has any direct interest in a case, he must disqualify himself from sitting on that case. This covers any case in which he has any financial interest; any case in which he has served as legal counsel; and any case in which his participation will create even an appearance of impropriety or, in his opinion, make it- improper for him to sit. This rule may seem overly strict to some of you, but I think with a little consideration you will see d represents the only sensible approach to disqualification problems. It is ridiculous to set up a dollar-and-cents figure to determine when a judge has a "substantial interest” in a case.
often tedius atmosphere a bit. Despite new copying machines, dictating equipment and automatic typewriters, a Manpower Ad-ministration-sponsored study shows a great need for secretaries well into the mid 70’s. The humanists will be delighted. „ And so will the nonhumanists, we suspect.
snow fall — this way, you can avoid the frantic rush to clear your driveway in time to get to the office. Third, don’t hesitate to hire the boy down the street to do the heavy shoveling so you can enjoy the fresh air within your tolerance. Another hazard is frostbite. One of the dangers of frostbite is that you often don’t feel it — freezing tissue is usually not painful at first, but gradually becomes numb and hard to the touch. Your hands, feet, ears and nose are most susceptible to below-freezing temperatures.
Moreover, what may seem insubstantial to a judge may appear quite differently to the average citizen. The question is . not simply removing a judge from temptation. The great majority of judges are honest, and very few of them would be tempted. The question at issue is broader and involved giving the public an impression of bias. The second part of the legislation I plan to introduce, calling for judges to give thorough and public disclosure of assets and income, will be valuable for several reasons. First, it will insure that judges disqualify themselves from cases in which they are interested, since the public will be able to verify their holdings. Second, it will discourage judges from entering into any number of relationships which could give the appearance of impropriety. This is of great practical value in removing suspicion from the mind of litigants and—equally im-portant-assuring the public that the judicial system in fact dispenses equal justice to all. Opponents of legislation calling for financial disclosure have argued that any attempt by Congress to regulate the conduct erf judges will infringe upon the independence of the judiciary. While I favor a strong and independent judiciary as much as any man, I see no infringement on judicial independence in requiring disclosure. As Judge Albert B Maris, an outstanding federal judge, stated at hearings before the Subcommittee on Improvements in Judicial Machinery: “I do not believe the requirement that you must behave yourself well is going to impair (the independence of the judiciary). I do not believe it is necessary to have the right to misbehave in order to be independent.” You may ask, ‘’How can Congress set high standards of conduct for other branches of government while ignoring ethical problems arising in its own house?” The question is indeed disturbing and can only be answered by stating that Congress cannot ignore those problems My staff and I are now studying the whole question of Congressional ethics, including election laws and campaign contributions. I hope to introduce legislation on this matter which is comprehensive, yet has a chance of passage in both houses. The people must have confidence in all branches of their government. Without such confidence, government can do little effectively. As President John F. Kennedy once said: “No responsibility of government is more fundamental than the responsibility of maintaining the highest standards of ethical behavior by those who conduct the public business ”
In Increasing Numbers /Aw J j Lit-. W I i ySBS " HAVING THE UNDERSTANDING DARKENED
Know Your Indiana Law By JOHN J. DILLON Attorney at Law
This is a public service article explaining provisions of Indiana law in general terms.
In our highly advertised economy each of us comes to rely on “brand name” products. We normally reach for these products instinctively when we go to make a purchase at the store. We think of Coca-Cola or Pepsi Cola and not the name of the local bottling firm that has the franchise to bottle these popular carbonated beverages When we purchase a well known product we probably react , to a symbol or design which identifies that product. This is referred to in the law as a trademark. It can be a symbol, or a device, or words or names, or a combination of these to distinguish the particular product from that of com-
Special Report from Washington
WASHINGTON—As the inquest into the death of Mary Jo Kopechne approaches, Senator Ted Kennedy finds himself facing a dilemma. For most people, it would require a simple moral decision. For Kennedy, however, the presidency of the United States could be hanging in the balance. The question; whether to tell the truth, the whole truth and nothing but the truth. The truth, as Kennedy has explained it to intimates, is that he tried to rescue Mary Jo but couldn’t locate her in the dark waters. He concluded after several .dives that she had escaped. He hurried to the vacation cottage to get his cousin, Joe Gargan. and friend, Paul Markham, to help search the vicinity for her. Even after they failed to find ha-, he was sure the tides had carried ha downshore. Some Kennedy advisers believe it is better to tell this stay, giving a full, frank confession. than letting many Americans believe he left a helpless girl, perhaps still alive in an air bubble, in a sunken automobile. Other advisers insist he is chained to the anginal statement he submitted to police chief Dominick Arena on Martha’s Vineyard the morning after the accident. That statement was false, but Kennedy had little to do with it. It was written by Markhamand was submitted in Markham s handwriting Kennedy—his mind dazed, his thoughts scrambled—perfunctorily signed it. Now he is stuck in the mud of Markham s making. Meanwhile. Judge James A. Boyle, who will conduct the inquest, has hade quia inquiries to determine whether or not Senator Kennedy wantonly abandoned Mary- Jo in his sunken car Unde- the so-called "Good Samaritan” doctrine. Kennedy may have had a legal obligation to seek help for her. Judge Boyle is trying to determine whaher this doctrine, which has been applied in civil cases, could be ised as the basis for criminal charges against Senator Kennedy John Farrar, the diver who removed Mary Jo’s body from the submerged car, told investigators there was a "strong possibility” that she could have been rescued if the Senator had reported the accident at once. , OTHER U.B. ATTORNEYS DIDN’T RESIGN Robert Morgenthau isn’t the only U. S. attorney who didn’t resign after the Republican takeover. The U. S. attorneys for both the Eastern and Western Districts of
3
Trademark
petitors. If it is a mark for goods, then this will appear on the goods. Obviously, if a large amount of advertising is used to promote this mark, it can become very valuable in itself. The law recognizes this and trademarks are protected by both the state and federal law. If the trademark is used on items that are sold in interstate commerce then a trademark registration can be'obtained through the Patent Office in Washington, D. C. This registration is good for twenty years after th.e date of registration. If the product is sold purely Intrastate, then an Indiana registration can be ob-
tamed by proper filing with the Secretary of State of Indiana. This state registration is good for ten (10) years. In addition to products which are manufactured, trademarks can also be obtained for specialized services. In the parlance of this mystique, these are referred to as service marks. They can be just as valuable as traditional trademarks when related to a national motel or gasoline station chain. These service marks are widely recognized by the consumer to distinguish one purveyor of services from its competitors. Not everything can be registered as a trademark. The law protects some symbols from commercialization. The United States flag or the flags of states or other political subdivisions cannot be used as a trademark. And neither can your hame unless you give permission for it to be used. You can understand the necessity for this when you see the many food franchises springing up named for well known celebrities. If you decide to register a trademark then because of the highly technical nature of this undertaking you should see a “Patent Attorney.”
Texas—Richard Hardee, a nephew of Senator Ralph Yarborough, and Eldon Mahon, a nephew of Congressman George Mahon—are determined to serve out their terms. Senator Yarborough has served notice upon the Justice Department that he will block any attempt to oust them. Under the Senate courtesy system. Judiciary Chairman James Eastland has pledged never to clear an appointee without a‘ blue slip signed by both Senators from the appointee’s home state. Yarborough has made it clear he won't sign the blue slip for anyone who is nominated to replace his nephew or Congressman Mahon’s nephew Morganthau. incidentally, had the support of both New York Senators who could have kept him in office in the same mariner. However, he felt the Justice Department’s • opposition to him impaired his usefulness. Therefore, Morganthau, regarded as the best of the 93 U.S. attorneys, submitted his resignation in4nidst of his investigations into Swiss bank accounts and powerful politicians. NEW ALASKA PIPELINE MAY DAMAGE TERRAIN The White House has received reports from experts that the 800-mile Alaskan pipeline may not be all its cooked up to be. The con- * fidential reports are preliminary, but they show that some parts of the permafrost ground where the pipeline runs are not as solid as it should be. The geological studies show that the land could buckle or sag, forcing leaks into the giant four-foot-thick pipeline This, in turn, could send the thick black liquid into rivers causing massive fish kills, or onto nesting grounds where birds have sought their breeding homes almost since time began. The militant Sierra Club is urging the President to hold up his decision until these deadly questions can be answered. NASSER’S WALKOUT Egypt’s President Nasser staged his dramatic walkout from the Arab summit Meeting in protest over Saudi Arabian King Faisal’s attempt to reduce the annual S4OO million military handout to Egypt and Jordan. ’ Faisal complained that Saudi Arabia's oil reserves had dwindled the past year and that he could no longer afford such large subsidies. In fact, he threatened to cut off his contributions entirely if the Arab commandos
CAPITOL COMMENTS With SENATOR 4 VANCE / Indiana «
1970 - Mid-America Decade
WASHINGTON, D C., - The dawn of a New Year and a new decade is a tiirie for optimism in Indiana and the Mid-west. It calls forth renewed hope for mankind, new confidence in the future. Traditionally the coming of the New Year is a moment of absolution and resolution. In the world today it is an opportunity to look back on a century of American progress, and to look forward to a decade of Hoosier promise. Answering the demands for space, strategic location and economy of force, American industry has proven the merit of Greeley’s admonition to “go West’’; and while industry has profited through its mid-America expansion, so have we reaped rewards in economic growth, use of our resources and increased standards of living. Indiana has truly come into her o , wn as the Heartland of MidAmerica. Endowed with all the desirable features of natural geography and environment the Hoosier State has been quick' to accept the prominent role of innkeeper for manufacturing and industrial developments along every arterial of the state. But of greater import. Hoosiers have not for a moment lost sight of their basic strength. America is the land, and our beautiful farmlands stand as abundant evidence of midwestern dedication to our agricultural heritage. Side by side with oil derricks, mine shafts, blast furnaces and assembly plants stand grain silos, cattle barns, canneries and poultry incubators. For all this and more, we can tie thankful. Our energies are pooled to seek solutions to the social ills that beset us, and we share a stubborn Hoosier determination to find those solutions. We have Faith; strong Faith; taught at the knee of pa rents concerned for our future; taught in Hoosier homes dedicated to the abiding principles of Faith. Hope, Love and Charity. To the future, we can only look ’with enthusiasm for what might well be accomplished over the next decade. Possibilities are limited only by lack of vision. I believe it holds great things in store for Indiana, the mid-west and for America. I believe we will, in the decade of MidAmerica:
continue to sabotage the pipelines that carry Saudi Arabian oil to the West. Arab militants have brought pressure upon ’ Saudi Arabia to stop its oil sales to the West, but Faisal has refused to buckle under. When he threatened to reduce his contribution, Nasser walked out. HANOI’S NEW GOVERNMENT Intelligence reports claim that the troika, which has taken over control of Hanoi following the death of Ho Chi Minh, have established the most rigid, repressive government in the communist Hoc. They are carrying out death sentences against those who commit even the slightest offenses against the country. The troika won’t tolerate the slightest deviation from the official line or weakening of the resolve to continue the war effort. Some of the young American militants, who are parroting the Hanoi line, should look a little deeper into the government they are defending. HIGH SCHOOL UNREST Student rebellion in the colleges has now spread to the high schools with active protest in their schools. Many others said they expected disruptions in the near future. High school disorders would also seem more dangerous than college upheavals, if for no other reason than sheer numbers. There are over 30,000 secondary schools in the nation with a student population two-and-a-half times greater than the college enrollment. The younger ages of the students, the vident nature of high school disorders and the restrictiveness of juvenile laws create a situation potentially more explosive. College disorders tend to be more carefully structured, more deliberate acts of protest. High school disruptions are more precipitous, more likely to trigger physical conflict. The Office of Education reports that high school unrest next year is expected to reach a scale never before known anywhere. The disorders will also spread to junior high schools. Studies show the young students are rebelling because they are disenchanted with modern life and frustrated because they cannot change it. They are disillusioned with a system that produces domestic injustices, perpetuates a costly conflict abroad and denies them participation in the decisions which affect their lives.
—find away and the means to eradicate poverty, hunger and ignorance; to help all those who need and want help. —reawaken an awareness of family, home and community responsibility for instilling moral dedication and moral values in our children. —recapture the forgotten concepts of justice and law, rights and their inherent responsibilities and respect and admiration for duly constituted authorities for the preservation of order in our society. —consolidate our military force requirements to a level compatible with our role as a leader of nations without resorting to conscription or involuntary military service; maintaining a highly proficient cadre for emergency expansion and mobilization through State Guard, Volunteer Reserves and ROTC training units. —provide means for every young American to have a totalrequirement education to prepare him for a meaningful and productive vocation or career. —eliminate the financial burden of illness, injury or preventive services for all Americans. —establish Peace among the nations of the world through reciprocal programs of mutual endeavor, tolerance of the rights of others to subscribe to the government of their choice, and understanding of common priorities, common and divergent cultures, common domestic problems and common realization that war never has provided a realistic means of settlement of disputes. —consolidate our forces for the betterment of mankind into a workable anti functional agency for the furtherance of peace and harmony at home and abroad. —restore buying power to the American dollar and reestablish it as a standard of currency excellence in the money markets of the world. —channel the forces of protest and dissent into productive avenues of tolerance and orderly change. —see Indiana take up the leadership reins in demonstrating the ability of State and local governments to efficiently and effectively cope with local situations eliminating the need for federal intervention to secure the blessings of , Liberty and Freedom.
By JACK ANDERSON