The Mail-Journal, Volume 8, Number 46, Milford, Kosciusko County, 15 December 1971 — Page 9

Mail o v/jFo«* l PUBLISHED EVERY WEDNESDAY The Milford Mall (Eat 1888) Syracuse-Wawasee Journal (Eat 1807) Consolidated Into The Mail*Journal Feb. 15, 1962 DEMOCRATIC ARCHIBALD E. BAUMGARTNER. Editor and Publisher DELLA BAUMGARTNER, Business Manager Box 8 Syracuse, Ind., — 46567

Old Man Winter No calendar is needed to tell us that Winter is just around the As the sun swings lower toward the shortest day of the year and Winter makes its entrance on December 22, thoughts will turn to activities of the new season — winter sports, Christmas Holidays and finally a New Year. While many people like the placid continuity of eternal summer and follow the sun as it moves south, others find

'Lombardi On Leaders'

The following is from a 1970 speech by Vince Lombardi (1913-1970). “Leaders are made, they are not bom; and they are made just like anything else has ever been made in this country —by hard effort. And that’s the price that we all have to pay to achieve that goal, or any goal. “And despite of what we say about being bom equal, none of us really are bom equal, but rather unequal. And yet the talented are no more responsible for their birthright than the underprivileged. And the measure of each

Hunters — Hear This!

This is a note to hunters in this area, to be heeded by all sportsmen. It concerns the preservation of wild life. Too often in the past we have heard hunters boasting of killing more than their quota, of using unsportsmanlike methods to bring back game. Those who persist in violating legal limits are guilty on two counts: the legal count and the sportsmanship count.

Congressional Comer: John Brademas Reports From Washington

Nixon Vetoed Comprehensive Child Development Program

The House took action last week on measures touching the lives of both the youngest and oldest Americans On Tuesday, the House followed the Senate in passing the Economic Opportunity Act of 1971 with its provisions for a comprehensive child development program.. Unfortunately, President Nixon vetoed the package on Thursday. The President s veto imposes a cruel freeze on the lives of millions of children. With one stroke of the pen. President Nixon broke his own promise to support child development and shattered the chances for healthful and stimdfating growth of preschool children throughout the nation. The child development program, of which I am principal sponsor in the House,. would make nutrition, education and health and other services available to the children of middle-income families as well as poor children, if voluntarily enrolled by their parents. These parents would have a major say in how the programs are run. PRESIDENT NIXON IGNORES OWN COMMITMENT It was President Nixon himself who called for day care programs that are ‘more than custodial' and that provide quality services, and it was the President who. in a February 1969 message to Congress, said, “So critical is the matter of early growth that we must make a national commitment to providing all American children an opportunity for healthful and stimulating development during the first five years of life " The bill Mr. Nixon killed Thursday was aimed exactly at these objectives.

EDITORIALS

PRESIDENT S VETO A SLAP AT REPUBLICANS

The veto was also a direct slap in the face of Republican leaders of the Senate as Hugh Scott of Pennsylvania and Robert Griffin of Michigan, who voted for the legislation, as did the Chairman of the Republican National Committee, Senator Robert Dole of Kansas. Senate Republicans voted for the bill by a margin of over 2 to 1 and nearly 100 members of the House, both Republicans and Democrats, have introduced comprehensive child care legislation this year. President Nixon has made it dear by his veto that he is more interested in appeasing his radical right-wing critics than he is in making good on his commitments to America’s children. REP. BRADEMAS WORKS FOR OLDER AMERICANS Last week I also took to the firing line for older Americans The House Education and Labor Committee gave unanimous approval to a bill providing a nutrition program for older Americans. I sponsored the bill, together with Senator Edward M. Kennedy tD-Mass.) and Congressman Claude Pepper (DFla.). A major provision of the bill would assure persons 60 and over, especially the needy, at least one hot meal daily. Congressional hearings over the last two years have amply documented the need for nutritional programs for the elderly. Tlie recent White House Conference on Aging held here in Washington endorsed exactly the kind of program the House now has before it. The Senate, last month, approved a smiliiar

stimulation in the changing seasons. Like the land itself, most men are renewed by change. Nature in her wisdom has arranged for the changing seasons because with change there is growth. Unless there was Winter, there could be no Spring, no renewal. Thus, Winter is as essential to man as to all other life. It prepares the earth for next year’s growth. So let’s settle in and enjoy the company of Old Man Winter.

should be what each does in a specific situation. “It is becoming increasingly difficult to be tolerant of a society who has sympathy only for the misfits, only for the maladjusted, only for the criminal, only for the loser. Have sympathy for them, help them, but I think it’s also a time for all of us to stand up for and to cheer for the doer, the achiever, one who recognizes a problem and does something about it, one who looks at something extra to do for his country, the winner, the leader!’’

Naturally, it’s impossible for game wardens and federal officials to discover every violation, especially when many occur on land owned by those breaking the law., This editorial is an appeal to sportsmen to observe limits and the law. In the long run, such a policy will pay! dividends to every hunter. Farmers Exchange

measure by a vote of 89 to 0. Here is a golden opportunity for the Congress and the President to display the aging, not just talk. / PROGRAM FOR THE ELDERLY AUTHORIZES NUTRITION GRANTS The measure authorizes Federal grants of $250 million to states during 1973 and 1974 for: 1. Programs to assure older persons, particularly the needy, one hot meal daily. 2. Centers for nutritional programs, including school, churches and senior citizen centers. 3. Training of personnel to operate the programs. 4. Outreach services to insure the participation of eligible persons, especially the isolated elderly. HOUSE APPROVES EXPANDED ATTACK ON CANCER Thursday, the House approved and sent to the Senate legislation authorizing a three-year Si .6 billion expansion of the National Cancer Institute’s research on the causes and prevention of the many forms of cancer. Separate appropriation action will be necessary to make the expansion a reality. In final form, the measure places its emphasis on research rather than Federally financed patient care, but authorizes 15 cents for patient treatment as well as research. One of the main areas of contention surrounding the bill was status in relation to the research programs at the National Institutes of Health. The House-passed version gives the NCI a large amount of autonomy to move with all possible speed to eliminate cancer as a major killer of Americans. The main control is placed in the hands of the President. REP. BRADEMAS BRIEFED ON NAVY AND ECONOMY Other of my activities during last week included attending a luncheon briefing on Thursday with other Congressmen that was conducted by Admiral Elmo R. Zumwalt, Chief of Naval Operations. The Admiral outlined the needs of our naval forces in the coming years. I also attended a briefing for Congressional leaders held by Peter Peterson, the President's advisor on foreign economic affairs. '

HI Copley New>papeo ' HE'LL HAVE TO GTOOP TO ENTER'

Know Your WW Indiana Law _ By JOHN J. DILLON JVflk Attorney at Law This is a public service article explaining provisions of Indiana law in general terms.

Six Man Jury

Since the earliest days of our republic it has been the rule of law in every jurisdiction that a right to trial by jury is inviolable and that the jury must consist of twelve members. Even though the United States Constitution and the Indiana Constitution make no specific provision in this regard, the number twelve was so ingrained in our jurisprudence that no lawyer? even thought a different nuiiber would be legally acceptable. It is true that a few. states have always had some certain provisions in specific instances where less than a twelve man jury was provided by law. In 1898 the United States Supreme Court

SPECIAL REPORT FROM WASHINGTON

How One Man Dug Trap For Poor Children

WASHINGTON — Every possible wire was pulled to overcome President Nixon’s opposition to a bill that would provide day care for millions of poor children while their mothers work. Here’s the backstage story: Three years of bipartisan work went into the measure to get welfare mothers off relief and to permit middle-class mothers to supplement the family income. The chief architects were Sen. Walter Mondale, D-Minn., Rep. John Brademas, DInd., and Rep. Ogden Reid, R-N.Y. It was left largely to Reid, because of his Republican credentials, to win the support of the Nixon Administration. He conferred with Health, Education, and Welfare Secretary Elliot Richardson and White House aide John Ehrlichman. Sen. Jacob Javits, R-N.Y., also sounded out Richardson about day care. The two New York Republicans were satisfied from their conversations that Richardson would advise President Nixon to sign the bill. They brought this message to the Senate-House conferees, who met behind closed doors to put the final polish to the measure. “Elliot will recommend that the President sign,” Javits assured the conferees. Reid, noting Richardson’s insistence that middle-class mothers be charged a fee for the day care, quickly added: "The fee schedule is acceptable to the Secretary." There was a sigh of satisfaction from the conferees. Only Rep. Albert Quie, R-Minn., raised a mild reservation. He wanted the money to be funneled through the states, rather than smaller localities. “I want to go back and discuss the delivery system,” he said, meaning the state-local issue. But Sen. Gaylord Nelson. D-Wis., objected amiably: "Oh, let’s not go back to that." This didn't seem to be an obstacle, and the conferees adjourned after agreeing to hold a final meeting to tie up the loose ends. QUIE’S PHONE WORK But Quie was not happy. He got Richardson on the phone and told him grumpily: "As far as I'm concerned, I want to make certain you

specifically held that the trial by jury of the sixth amendment to the United States Constitution required a twelve member jury. It came as quite a surprise to the legal profession when the United States Supreme Court saw fit to re-examine this ancient provision in our common law and in 1970 in the case of Williams vs. Florida held that the requirement for a twelve man jury was really not an immutable provision of our law, but merely a historic accident. Writing for the court, Justice Byron Whizzer White said that this provision was only a accident and without any special significance "except to mystics.” Justice White’s

reference to mystics undoubtedly was founded upon the early legal commentators who pointed out that all throughout the Bible the number twelve was sacrosanct. In spite of this the United States Supreme Court said that a provision in the Florida law that said a person could be tried by a six man jury is Constitutional and that there is no indication that the readability of the jury as a fact finder will be changed in any respect because of its size. Once the United States Supreme Court held that a six member jury is constitutional, the action around the United States was traumatic. Shortly after this decision was rendered many federal district courts adopted rules providing for the trial of civil cases by six member juries. In Indiana, both the Northern and Southern district federal courts adopted such rules. Cases are being tried in the federal courts in Indiana with six member juries and the results have been very satisfactory to all concerned. Both the Judges and the lawyers in trying the cases feel that the quality of the juries is equivalent to a twelve man jury. In addition cases can be tried faster since a jury can be selected much more

have the latitude to pick the states." This was a reference again to Ouie’s wish to channel the day-care funds through the states. Richardson, a former Undersecretary of State, promised diplomatically that he would look into it. Not satisfied. Quie quietly proselyted two other powerful conferees, Rep. John Dellenback, R-Ore., and William Steiger, R.Wis. At the final secret meeting of the conferees, Reid tried to placate Quie by offering a motion to give Richardson more leeway to funnel funds through the states. The Democrats accepted it with minor grumbling. Chairman Carl Perkins, D-Ky., thinking he was on the brink of a dramatic agreement, asked brightly: “Well, are we ready to sign?” “I won’t sign the conference report,” announced Quie. His unexpected refusal left the-conferees dumbstruck. Senators Mondale and Nelson, seated beneath a mural of cherubs playing musical instruments, fumed. Someone muttered something about a,, “breach of trust." But Quie wouldn’t relent. In the showdown, he also influenced all the House GOP conferees except Reid to stand by him. Quie then brought pressure on Richardson to withdraw his half-hearted support of the hill. During one of many telephone conversations the Secretary agreed to “go back to my lawyers” for a new interpretation. Quie, who was brought up on'a Minnesota farm, cracked slyly: "You’d better have a farmer from Minnesota read that bill instead of one of your attorneys.” The wavering Richardson, mindful of his pledge to Reid and Javits to support the measure, asked Quie what be should tell them. "Be quiet, Elliot, that’s my advice,” purred Quie. Instead, Richardson explained to Senator Nelson in a private letter that his earlier support was based upon a misunderstanding. "Unfortunately,” he wrote, “I now find upon analysis of the latest language that far too little flexibility is afforded to the Secretary ... to designate states as prime

Juvenile Crime • On The Upsurge

Juvenile crime, which jumped alarmingly last decade, is accelerating, while perpetrators of serious crimes are younger than ever before, so claim law enforcement officials in mote than a dozen cities throughout the country. ) Their findings, contained in > recent New York Times story, gave no solutions to the problem, only causes, such as “a general breakdown” in family discipline, racial animosities and changing school patterns that place poor children in contact with the more affluent.” However, one tentative step toward solving this crisis has already begun here in Indiana. This last summer through funding the U. S. Law Enforcement Assistance Administration, Manchester college — the first institution in the nation to have a peace studies major for undergraduates — helped introduce a number of its upperclassmen to conflict resolution at the grass roots. « The students, all majors in peace studies or sociology, served as intern probaHou.^ffrtd^. parole officers in ten Indiana counties. Though the idea was originally dreamed up to aid probationary staffs during peak periods of juvenile delinquency, Manchester college’s intern coordinator, “It seemed to give probationary staffs an opportunity to relate to offenders as peers to peers.” Beyond this, Mock and other faculty members also saw a highly desirable outgrowth of student insight and criticisms of present probationary work. < Weekly intern reports — still being analyzed — show the Manchester college faculty that rapidly and since unanimity in the jury decision is still required many lawyers feel that it is much easier for a jury to arrive at a unanimous verdict if only six persons are required to decide the facts. The most obvious result, however, is the large savings in taxpayers dollars that can be accomplished by this new procedure. Since jurors in the federal court receive $20.00 a day, it is obvious that this rule automatically saves $120.00 per day in every federal jury court trial. The state courts are beginning to follow suit with six member juries where it can be done by stipulation or agreement between the parties. It is almost certain because of the savings in time and money that the procedure of using six member juries will shortly be adopted in all Indiana courts. Copyright 1971 by John J. Dillon I

sponsors." Nevertheless, the House bucked both the White House and the Republican leadership, passing the day-care bill by 210 to 186. But these aren’t enough votes to override a Nixon veto. EMPTY’ BEACHES President Nixon, in a sometimes fierce tug-of-war with the bureaucracy, has now liberated more than 17,000 acres of federal property for use as public parks. This is the result of the President’s socalled “Legacy of Parks” program, which is one of the most constructive ideas to emerge from the White House in years. It began when the President gazed across a sandy expanse of federally owned beachfront near his California retreat at San Clemente. He wondered why all this beach should be empty while the public beaches were teeming. So he ordered the General Services Administration to inventory all federally-owned property and to make non-essential land available for public parks. A special property review board was established at the White House to decide disputes between the GSA and other departments as to whether the inventoried land was essential. Ironically, troble developed over the very piece of property that had given the President his idea, the seven-mile beach at Camp Pendleton, Calif. The Marine Corps, trained never to give up a beachhead, put up fierce bureaucratic resistance from the Halls of Washington to the Shores of San Clemente. Rep. Sam Stratton, D-N.Y., chairman of the House Armed Services subcommittee in charge of military property, refused to allow the property to be declared excess. He was afraid the GSA might sell to a land developer, and the property would end up being the site of beachfront high-rise apartments. Besides, the Marines convinced him they might still need the land for some future emergency. Result: a compromise was reached allowing the State of California to lease the land from the Navy for park use for 50 years.

their hopes were not disappointed. As it turned out, the student’s youth and inexperience helped them see probationary work with fresh eyes, to the point where learning routine operations — one of their goals — sometimes became a drawback. As one Allen county intern wrote: “I have become so used to the way the system operates in Allen county that I am no longer looking at it as critically and objectively as I once did. I can see how easy it is to get into a nit and fail to continue striving for improvement; and realizing this, I hope that I can keep from falling into that rut myself.” Most interns avoided the rut and kept their eyes open, both to faults within the probationary system and ways of introducing' innovations. Since Allen county was the major population center in the geographical area Manchester college interns served, it not only took more interns than any other county, but also its share of criticism. . For instance, one of the things Allen county interns reported on was the absence of black probation officers, especially noticeable when more than a quarter of the juveniles dealt with were black themselves. Several interns felt both the court and the probation office could benefit from seminars on race awareness and suggested that the Mayor’s Commission on metropolitan human relations might develop them. Allen county interns also criticized what they termed the “religious orientation” of many staff members. They felt moralistic lectures and required church attendance ineffective. Another of their frequent objections (echoed by interns in other counties) concerned the dual role of the probation officer. In many cases, said one intern, the system forces him into being policeman and prosecutor before he gets an opportunity to help juveniles in the traditional sense. "These two roles often blow his chances of establishing a good relationship with bis probationer,” the intern added. Stressing investigation of causes for delinquency rather than its punishment, some students recommended handling problems with drugs, truancy, runaway and curfew breakers through the social service system. “The idea,” explained one intern, “should be to keep youths out of the court system whenever possible.” A peacemaker often has a hard life, but the rewards are obvious.

By JACK ANDERSON