The Mail-Journal, Volume 9, Number 8, Milford, Kosciusko County, 22 March 1972 — Page 11
PUBLISHED EVERY WEDNESDAY The Milford Mall (Eat 1888) ’ Syracuae-Wawatee Journal (Eat. 1907) Consolidated Into The Mail-Journal Feb. 15, 1962 ( DEMOCRATIC ARCHIBALD E. BAUMGARTNER, Editor and Publisher t _ DELLA BAUMGARTNER, Business Manager Box 8 Syracuse, Ind., — 46567
Buy Near Home Mobility is now considered one of our inalienable rights. However, it is not free, and sometimes it can be exercised beyond the point of practicality. The Wells County Free Press of Fessenden, North Dakota, makes the point very well. It says, “Did you ever jdrive 50 to 100 miles or more to take advantage of a super-duper special that was advertised A local SSO item 50 miles away would have to sell for $34.50 iin order for you to break even. TTie American Automobile Association certifies that 15.5 cents is what it costs to drive your car one mile. So if you’ve
What's Happening To The Mail?
What's happening to the Mail? This is a question we’ve been asking for some time, but cannot seem to find an answer. «***’ Our complaint is not with local postmasters or local postal employees for what appears to be a BIG MESS. They cannot deliver the mail until they receive it. Certainly there is someone x, responsible for the snail’s pace at which mails are moving these days. It seems ridiculous that it takes a full week for a first class letter to move » from Columbia City to Milford where our printing plant is located. An air mail letter, properly zipped, mailed by I Brademas in Washington I on Marcli 11, arrived here on the 16th. Other letters — also properly zipped — mailed on Saturday, March 11, from Andrews. Goshen and Lafayette arrived on Thursday — much too late for publication. This delayed delivery has become so commonplace that it is embarrassing to us. We find ourselves constantly explaining to people why certain items failed to get into the newspaper. The new postal service has been disking substantial increases in postal **rates all across the board, and with this one would think more efficient service would result. But this has not been the case. If anything, it is worse. The fact that we have become a <x, major contributor to the postal service coffers doesn’t give us any special right to complain, we know, but someone must speak up. Postal employees across
Going Too Jar Newborn infants have long been ‘foot-printed for identification purposes — and with that we have no quarrel. However, we do believe the Senate Finance Committee is going a bit too far with its proposed bill to issue a Social Security number to every first grader. The government is bound and determined to have all Americans labeled from the cradle to the grave, or should we say, from the first grade to the grave. More and more, people are being replaced by numbers and human beings
Fagar Expedition Sent By Mexico
Re volution and Evolution The Bicentennial Years Week of April 2 through April 8
177? — The viceroy of Mexico, Antonio Maria Bucareli y Ursua, sends Don Pedro Fagar, as successor to Gaspar de Portola as governor of Lower California, on an expedition to Monterey, to proceed northward from there to clear San Francisco harbor of ‘ foreign aggressors," meaning Russian and British ships and men moving southward toward New Spain. Traveling overland, the Fagar expedition reaches the San Joaquin River at this time, Itwt is unable to cross and ia farced to return to Monterey. Although Portola, in company with Father Jim-
EDITORIALS
ipero Serra, had established missions between San Diego and Monterey, at intervals of a day's journey, in 1769 and 1770, and had explored farther north, it was 1776 before an expedition under Juan Bautista de Anza selected a site for settlement near San Francisco Bay, and it was 1823 before the last of the 21 missions was established far north as Sonoma. Emanuel Swedenborg (born Swedberg), dead in London at 84. is buried there at this time. Born in Stockholm in 1688 and educated at Uppsala University, son of a Lutheran bishop, he was for 30 years a government mining official. At about 50, however, his interests turned to psychological and theological matters. He wrote extensively, trav-
driven 100 miles round trip to pick up that special, you’ll have to add $15.50 to that purchase. That sweet buy can suddenly turn quite sour. “Local merchants, whether it is groceries, clothing, drugs, hardware, appliances or whatever, feature top line, nationally advertised products. And they are also at comparative prices. They also support your local schools, churches and organizations. TTiey also help to pay for improvements to make this a better place to live. And they’ll be here tomorrow to serve you personally.’’
P ~ ' , From the Buffalo Evening News the board are now better paid and work less hours. — EVen the windows at our post offices are open less hours. We’re asking these questions in the public interest. We hope our earnest complaints find their way to the postal service headquarters at Washington.
are being dehumanized in order that they will fit on computer cards. At the rate we’re going, we’ll be known by the holes in a card instead of a name. Why don’t they just tattoo the Social Security numbers on our foreheads at birth, and forget all other means of identification. Just imagine an announcement which says, “Numbers 222-33-3303 and 232-43-4032 are proud to announce the birth of 123-45-678, who weighed in at eight pounds and two ounces.” — Danville Gazette
eled widely in Europe and gained many distinguished converts to his concepts of Christianity. 1822 — Edward Everett Hale, destined to become a clergyman and author, is bom in Boston, son of the editor of the Buston Daily Advertiser. Graduated from Harvard in 1839, he entered the ministry and was pastor of the South Congregational Church, Boston, from 1856 to 1901, and chaplain of the U.S. Senate from 1903 until his death in 1909, at 86. He is best known, however, for his writings and particularly for a short story, “The Man Without a Country." published in the Atlantic Monthly in 1863 and regarded as a classic of its kind.... Benjamin Silliman, first professor of chemistry and natural history at Yale, discovers that carbon vaporizes in an electric arc, so finding a new light source to be put to use especially for street lighting.
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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.
'Rescission'
Far more persons are becoming aware of and demanding their rights to be treated fairly with regard to the performance of contracts which they have entered. Parties to a contract have many remedies which they can use to enforce rights under their contract. Normally, a person who feels that a contracting party has not followed the terms of the contract can sue for damages for breach of the contract. Another remedy which is coming back into vogue, and is ancient in origin, is rescission. Simply stated, rescission means that the parties simply rescind their contract, place each other in the position they were in before the contract was entered, returning each party to as nearly a beginning
SPECIAL REPORT FROM WASHINGTON
WASHINGTON —It is only fair to report, in light of the International Telephone and Telegraph scandal, that the best Washington fixes are bipartisan. Ideology seldom gets in the way of the tag fixers, who walk both sides of the street. They use their vast economic power to push the people at the pinnacle of public power. There is no better example than the behind-the-scenes pressure exerted by the automobile industry over the administrations of both Lyndon Johnson and Richard Nixon. In 1968, the Justice Department’s anti-trust division had the auto makers by the scruff of the neck. A federal grand jury was empaneled in Loa Angeles to find out why the auto industry took so long to provide antismog devices on their cars and trucks. A team of Justice Department lawyers led the jury through a labyrinth of subpoenaed documents and detailed testimony. It was a long and often tedious labor. But is a jigsaw picture showing clearly that the auto \ makers, working together through their trade group, conspired for at least a dozen years to prevent the installation of anti-pollution equipment. The lawyers, like most other Americans, were painfully aware that the auto fumes have fouled the air, causing general eye irritation and more specific suffering. Automobiles, they knew, were responsible for half of the nation's air pollution. Until the evidence began to unfold, however, they did not know that the pollution pouring out of the nation's tailpipes had the secret blessing of the auto manufacturers. DISASTROUS PUBLICITY The prospect of prosecution was a greater threat to the Detroit establishment than the attending risk of fines and even jail sentences. It threatened to expose the whole, multibillion dollar empire to disastrous publicity, and to open the doors to a flood of suits for treble damages by states and cities. But things were smoothed out at a higher level. Throughout 1968, Lyndon Johnson had cautioned his cabinet members repeatecfly, "Don’t rock the boat."
'WMATfr MY UNS?'
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position as possible. Where the parties to a contract mutually agree to rescind the agreement is only a matter of working out the details to return the parties to their original position as nearly as possible. It is when one party desires to unilaterally rescind a contract that many legal problems are encountered. Inspite of these problems there are many instances in which a party is entitled to unilaterally rescind a contract. The classic example where one person may rescind a contract unilaterally is where that person was enduced by fraudlent misrepresentation to enter the contract. In these cases where a contracting party makes a knowing misrepresentation of a fact and fraudently enduces a
Big Fixers Play Both Sides Os Street
person to enter a contract, that person is entitled to be placed back in as nearly a whole position as possible and relieved from any obligation to continue performing the terms of the contract. Where fraud is involved it is always easy for the courts to grant a rescission of a contract. Where the argument arises over the failure of consideration, the courts are presented with a far more difficult problem. The courts will not weigh the amount of consideration or whether a person entered a contract negligently or even through folly. These matters are not a basis for rescission as unfortunate as that might be to the person who improvidently entered a contract. If there is a total failure of a consideration for the contract, even in the absence of fraud, a contracting party is entitled to rescind his contract. For example, if a person contracts to buy a certain piece of real estate in installments and due to title infirmities the person who promises to later deliver the deed to the real estate in question cannot perform, then the person obligated to make installments can rescind obligation to make payments on the contract. Because the law favors enforcement of all proper and legal contracts any person desiring to
Attorney General Ramsey Clark knew without further explanation what Johnson meant. He had been upbraided by the President for a number of his actions. Clark is the son of one of Johnson’s mentors, former Supreme Court Justice Tom Clark, an old-school Texas politician. Johnson watched Ramsey grow up and regarded him with a fatherly fondness. It was his father’s influence more than his own accomplishments that won Clark the appointment to be Attorney General. Once in office, however, Ramsey Clark proved to be independent — and worse, liberal. Johnson marked it down to the generation gap. Former Vice President Hubert Humphrey recalls that Johnson was nevertheless, fascinated by his Attorney General. “The President had a special feeling for Ramsey dark,” Humphrey told us. “He didn’t agree with Clark on civil liberties, but the President took a perverse pride in Clark for going further than Johnson wanted." In the weeks before Richard Nixon’s inauguration, however, Clark had strained Johnson's patience past the breaking point, particularly with his opposition to the war. He added another straw on January 10, 1969 — just 10 days before he was to leave office — by approving the filing of a civil suit against the auto makers, based on the evidence the Los Angeles grand jury had gathered. MITCHELL'S INHERITANCE This eliminated the possibility of jail terms but left the industry open to huge fines and treble-damage suits. Johnson thundered like a tropical storm, but it was too late. The suit was on file when John Mitchell took over as Attorney General. _ He proved to be far more reasonable, from the auto industry's yiejypoint, than had Clark. Mitchell was a vocal exponent of law-and-<rder and lobbied for legislation to permit the government to jail people it thought might commit crimes. But he had played the bigmoney game for a long time. There was a difference when crimes were committed by the very rich and very powerful.
Congressional Corner — Earl Landgrebe Reports From Washington
Meet Z. A. Faroogi Os Pakistan
It is my good fortune to be invited to Congressman Edward Derwinski’s (R.-Ill.) office recently to meet His Excellency Z. A. Farooqi, Pakistan’s Ambassador to the United States. Mr. Farooqi’s comments centered around the recent conquest of East Pakistan by Indian military forces. Ambassador Farooqi stated that even though India now claims control of the country, they are failing to guarantee protection to the East Pakistans, claiming that to do so would involve India in local politics. To withhold this, protection will result in the slaughter of 1% million Bengali who have migrated to East Pakistan since 1947. He also expressed great concern for the well-being of some 80,000 West Pakistan troops that were captured by the Indians in the invasion of East Pakistan. Ambassador Farooqi pointed out that in August, 1971 a treaty was made between India and Russia in which both countries pledged full military cooperation to each other. This has resulted in some billion worth of Russian equipment being furnished to India. Farooqi pointed out that Madam Ghandi, India's prime minister, claims non-alignment with USSR, but actions on the part of her country would indicate a very close alliance between India and Russia. He said that Madam Ghandi has raised strong objections to President Nixon’s recent trip and stated “we want no strengthening of American-Chinese ties.” Ambassador Farooqi feels that there is a strong possibility of an invasion of Red China by Russia and India and feels that this could result in a nuclear war. He stated further that West Pakistan presently holds about 1,000 Indian troops and have exchanged with India about 100 sick prisoners. He further pointed out that West Pakistan is on good terms with Red China and Japan. He made a plea to the congressmen assembled to insist that the American embargo on the sale of arms to West Pakistan be lifted immediately and that domestic aid to West Pakistan be instituted at once, feeling that pur country will make a great rescind a contract should have the most careful advice from an attorney before attempting to rescind any contract. Copyright 1972 by John J. Dillon
The auto industry easily wrung an enormous victory from the grimfaced Mitchell. Both sides agreed on the least painful of possible alternatives, a consent decree. Under this, the Justice Department agreed not to prosecute, and the auto makers agreed not to conspire against anti-pollution devices. Most important from the standpoint of Detroit, the testimony and documents of the grand jury probe were put under court seal. All the participants in this sell-out of the public interest were pleased. The auto makers were saved enormous embarrassment and financial loss. And John Mitchell, the Attorney General who was in line to become President’s Nixon’s campaign manager again, kept the big contributors happy for 1972. This is the way the establishment works. It makes no difference what party is in power, or who sits in the oval office in the White House. The faces are interchangeable. It is likely that none of the participants in the scandalous dealings that led to the grand jury investigation of the auto industry, and none of the others who collaborated in the cover-up, considered themselves guilty of anything. They know it is the way things have always been done. SANCHEZ STYMIED Anti-poverty chief Phil Sanchez has objected in a private memorandum to the White House about the new campaign act’s strictures against politicial stumping by top officers of his Economic Opportunities Office. The regulations specifically mentioned his agency, but not other executive departments. The Democrat-controlled Congress, in its wisdom, may have anticipated that Sanchez, as the administration’s highest ranking Chicano, will be needed by the GOP in Spanish-American election districts. However, his last venture into campaigning ended in a debacle against veteran Rep. B.F. Sisk, C-Calif. Even though Sanchez solicited contributions and typing help from Washington’s lobbying corps, Sisk walloped him in 1970.
mistake by running away from the problems in that part of the world. These were views expressed by Mr. Farooqi which I thought might be of interest to the people of the Second District. In Congressional action, two major pieces of legislation have passed major hurdles in the House. The Higher Education Amendments have been sent to a House-Senate conference committee to work out differences between the two versions. The House version contains a strong anti-busing amendment which I support. The Senate instructed the House conferees not to recede from its strong position. Also, the House has approved a conference committee report on the Equal Employment Opportunity Commission. It authorizes the commission to seek cease and desist orders from federal courts to prohibit unfair practices. The vote reenforced action taken earlier by the House and Senate. After having signed the conference committee report important information brought out during floor debate dictated my negative vote on final passage. That information included the fact that the bill creates a number of super-grade positions with salarys well over $25,000 on the EEOC, and provides much broader coverage by that agency than I had been led to believe. Wffl and Social Security Q — My father and mother were collecting monthly social security retirement benfits in a single check when my father died last month. We reported his death but ■ when the check came yesterday, it still had both their names on it. What should we do? A — You or some member of your family should bring the check to the social security office. It will be stamped so that it can be cashed with just your mother's endorsement on it. Any adjustments necessary will be . made in your mother’s next check.
By JACK ANDERSON