a«fl« 2 Portland Obaarvar. A u g ^ t 37. ia t i
EDITORIAL/OPINION
The gathering storm
By Fungai Kumbula
Retreat from justice
As the Reagan a d m in is tra tio n
Corporation and Citibank have $2.4
81 t o 6 l.
continues to flirt more openly with
m illio n o f th e ir stock divested by
Labour has begun to participate
the racist South A fric a n regim e,
Swarthmore College.
in the anti-apartheid battle in a ma
o f the law by g a th e rin g abo ut him in even people o f good conscience through
M a y : Riverside C hu rch , fo llo w
jo r way also. T he U n ite d A u to
g reater num bers th a n ever b e fo re . T o the out the country are gearing up for a ing S w arthm ore’s lead, withdraws
W o rk e rs , U A W , recently a n
average citizen - who just votes and pays the more concerted counter-offensive.
nounced that it was callin g fo r a
an operating account worth some $6
Though there has been very little in
m illio n a n n u a lly fro m C itib a n k ,
b ill - this was an insult in the extreme.
clause in its contract with Chrysler
the news recently regarding the e f
again,
protesting the recent loans
that would bar investing new pen
No, we do not believe M r. Groener’ s friends
forts o f the various an ti-aparth eid
sion funds in five companies that
should desert him in a time o f trouble. But the movements, all has not been quiet Citibank had extended to the apart
heid regime o f South Africa.
have refused to abide by the S ulli
ritual o f ceremoniously returning to his side is on the home fro n t. Consider these
Church groups, between the peri
van P rin ciples. The com panies
divestment efforts taken so far this
a signal that cannot be missed.
od February to M ay, targeted 26 US
named were A lleg h en y In te r n a
O ur M ayor was prom inately there -- and our year:
corporations fo r their involvement
tio n a l, Dresser In d u s trie s , E aton
January: the trustees o f M o u n t
in South A fric a . T he resolutions
C o r p ., N ew m ont M in in g and US
Governor dropped by. Only Attorney General
H olyoke College in Massachusetts
Steel.
The U A W statement went on
presented
to
these
c
o
rp
oratio
n
s
Dave F ro h n m a ye r was fo r th r ig h t w ith his voted to sell their stock in the First
ranged from demands to honour the
to
call
for a move “ from an invest
decision not to attend.
N ational Bank o f Boston, General
Sullivan Principles to calls for a ces
ment freeze to outright divestment,
The public is disillusioned w ith its govern Motors and M o b il O i, C o rp ., three sation o f sales to the South African
fro m a lim ite d em bargo on arms
companies they hold stock in which
m ilitary to out and out withdrawal
m ent. The people w o u ld lik e to see a high
and trade to a total embargo.”
have consistently refused to cut their
from South Africa.
Some 12 states and 10 cities,
example o f conduct on the part o f its p u b lic
business ties with South Africa. The
among them C a lifo rn ia , C on n ictl-
o ffic ia ls - a standard to be emulated by the stock sold was w orth over $2 m il
A direct result o f these resolutions
cu t, Illin o is , In d ia n a , M assachu
was the winning over o f 5.74% o f the
common citizen.
lion.
setts, Michigan, Minnesota, Nebras
shares at Continental Illinois Bank,
F e b ru a ry : H a rv a rd U n iv e rs ity
W hat was in the m inds o f those w ho
ka, New York, O hio, Oregon, Wis
6
%
at
the
Bank
o
f
Am
erica,
7%
o
f
attended we cannot know - but the p ictu re sells $50 m illion worth o f C itibank
consin and W ashington D .C . have
Citicorp, 10.34% at Wells Fargo and
notes and certificates in protest over
taken some legislative action in re
they painted was “ business as usuall” .
a hefty 10.8% at Crocker National.
C itib a n k ’ s recent loans to the
gards to the South African problem.
Loans to South A frica have, there
government o f South Africa.
F lexing th eir muscles, legislators
fore, begun to make investors a little
M a rc h : D r . W illia m H o w a rd ,
could
have quite an im pact, econ
w ary when one considers that
President o f the National Council o f
om ically, when one considers that
church
groups
alone
could
not
have
Churches and D r. Leon S ullivan ,
public employee pension funds, in
commanded such figures.
fo rm u la to r o f the notorious S u lli
1979, am ounted to some $179 b il
van P rinciples, hold a jo in t press
P ro testing C itic o rp 's loan to
lio n . P ub lic and p riv a te pension
conference to denounce bank loans
South A fric a , the Archdiocese o f
funds together form a pool o f capi
to South A fric a , specifically the re
M ilw a u k ie recently sold $300,000
tal exceeding some $650 billion and
cent $150 million loan Citibank had
worth o f C itib a n k bonds. In C o n
control up to 20% o f common stock
been party to.
n ecticu t, a recent b ill that would
and 40% o f the bond market.
A p ril: Brandeis U niversity sells
have gone beyond the provisions
A ll in d icatio n s are th a t, as the
$300,000 w orth o f US Steel stock
and recommendations o f the Sulli
politicians hatch more sinister plots
a fte r the com pany had refused to
van Principles passed the Legisla
as regards South A frica, the people
suspend its operations in South A f
ture by a vote o f 101 to 35 before it
are rising up in arm s, becom ing
rica and refused even to honour the
was vetoed by the governor. An at
more sophisticated and learning the
much maligned Sullivan Principles.
tempt to override the veto fell just
rules o f the game and the most e f
M ay: Newmont M inin g, Tim ken
shy o f the (w o-thirds vote needed:
fective language: money.
A fte r a few faltering steps that have brought
some economic gain to Blacks, m inorities and
women over the last twenty years, hopes have
again
been dashed by the
Reagan
A dm inistration.
The A d m in is tra tio n has fo llo w e d o th e r
repressive measures by recom m en din g a
i re la x in g o f gove rn m e n t a ffir m a tiv e a c tio n
regulations over its contractors. Whereas now
o n ly those companies em ploying 50 o r m ore
workers and doing at least $50,000 in govern
m ent business need c o m p ly w ith fe d e ra l
, regulations on hiring and prom otion, Reagan
would like to restrict these rules to only those
companies w ith 250 workers and $1 m illio n in
government jobs. It so happens that about 75
per cent o f the employers now covered would
be o f f the hook.
The reason reported fo r elim inating rights is
to “ keep the paper w ork dow n’ ’ but actually
this is one o f a long series o f proposals to free
business fro m those regulations that protect
the workers and the public.
It is a tact th a t ju s tic e has never come to
Black people in this co u n try w ith o u t the fu ll
torce o f the law. W ith the federal government
w ith dra w ing, there should be no illu sion that
p riv a te em plo yers w ill h ire m in o ritie s and
women in reasonable numbers.
In a tim e o f high u n e m p lo ym e n t, w ith a
large p o o l o f unem ployed persons seeking
w o rk, this change o f regulations insures that
the o p p o rtu n itie s o f Blacks w ill be severely
restricted. Again, the rights and needs o f the
A m erican citizens are being tram pled in the
quest fo r the dollar.
T A * 9W.1&T
Partying
Prisoners walk a narrowing path to justice
A poor example o f the high standards o f out1
elected representatives was set this weekend as
the state’ s politicians flocked to the home o f
State Senator Richard G roener fo r his usual
fund raising party.
C losely fo llo w in g findings against Groener
by the State Ethics Commission that included
wse o f his p o s itio n fo r personal g a in , the
S tate’ s p o litic ia n s and w o u ld -b e -p o liticia n s
Slowed their disain fo r the law and the spirit
By William Bennett Turner
Pacific News Service
The Trickle-Down Theory
Letters to the Editor
Working people lose again
To the Editor:
President Reagan has got a lot o f
nerve going on vacation fo r fo u r
weeks in the middle o f the air con
trollers strike. I wonder how long
air controllers have to work before
they get fo u r weeks vacation? I
know it must be more than the eight
months Reagan has served as Presi
dent.
In my opinion, Reagan's arrogant
attitude toward working people in
this country is only equaled by his
stupidity. I f he thinks he can fire the
trained personnel in the control tow
ers and the rest o f us w ill b lithely
continue to fly the unfriendly skies,
he’ s out o f his m ind . The F .A .A
could hardly keep the system work
ing safely with 17,000 air controllers
and I don't see how they’ll do it now
without them.
And forget trusting my life to m il
itary personnel. Remember their fa
mous Iranian hostage caper? They
had those planes cracking up on the
ground!
The arm y can’ t run the airports,
factories, hospitals or offices o f this
c o u n try . W o rk in g people do th at
and we want decent working condi
tions, four weeks vacation after one
year’ s em ploym ent, and pay pen
sions that keep up w ith in fla tio n .
W h a t’s good enough for the Presi
dent is good enough for us.
Marcia Cutler
Portland, Oregon
Don’t say it in public
Open Letter
To The School Board
In my request for agenda time at
the August 10 Board meeting, I sug
gested we were seeking a “ yes,”
“ no’ ’ or “ go to hell” answer to our
request fo r co m m u n ity in v o lv e
ment. This was in regards to use o f
buildings you had voted to close.
You did not take any action.
A t the August 11 meeting o f the
sub-committee dealing with closed
lo tte Beeman to ld me the Board
took no action because they could
not use that kind o f language in a
public meeting. While I did not like
the answer, at least I appreciated the
fact that she was willing to explain
the Board's position.
A t least now our community, and
others affected by closed buildings,
know where we stand w ith the
B oard. T hat is always good to
know.
Bob Nelson
Community Service
ONPA 1973
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The real problem, of the minority population will be viewed and
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8W&K
•ffWtPAMa
fro m 218 in 1966 to 12,397 last
outset by court clerks, and the over
year. Prisoner petitions are now the
w helm ing m a jo rity are rejected
largest single category o f federal civ
summarily. A prisoner who believes
E D IT O R 'S N O T E : The dom inant
il litigation.
he is sending his p e titio n o f f to a
theme o f recent proposals by a spe
Some say this volum e threatens
judge for his day in court is hope
cial advisory committee to President
both efficien t ju d ic ia l ad m in istra
lessly naive.
Reagan is that the answer to crime is
tion and the possibility o f justice in
A m a jo r problem is th at states
more— and longer— imprisonment.
in d iv id u a l cases. In d e e d , it is
generally provide no legal assistance
But with the prospect looming that
d iffic u lt to id e n tify m e rito rio u s
to prisoners. Those which do o ffe r
m pre A m ericans w ill fin d them -
cases in a w o rd y sea o f p risoner-
legal services program s fin d that
sqlves incarcerated the rights o f
drafted pleadings.
fewer suits are filed, as lawyers re
those who are invalidly convicted or
In theory, nevertheless, even the
solve many prisoner problems ad-
poorly treated are already shrinking
least favored persons in our society
m in is tra tiv le y and advise against
rapidly, reports PNS correspondent
have access to the courts to c o m
frivolous litigation.
W illia m Turner. Prisoners' claims
plain o f unconstitutional behavior
E lsew here, prisoners fend fo r
now stand little chance o f reaching a
by state officials.
themselves as best they can. against
ju d g e and ju r y , a developm ent
But increasingly, the theory is not
the opposition o f resourceful and
which has serious constitutional im
translated in to re a lity , as the Su
w
e ll-fin a n c e d state a tto rn e y gen
plications. Turner, a San Francisco-
prem e C o u rt under C h ie f Justice
eral
s offices. Cases that survive ini
based attorney, is a former Harvard
Warren Burger immunizes more and
tial screening languish on the court’s
Law School instructor who has rep
more prison practices from judicial
docket. The prisoners have neither
resented prisoners in several im port
review. This year, for example, the
the know ledge nor the means to
ant c o n s titu tio n a l cases over the
C o u rt reached decisions on three
move their cases to trial. Having a
past 12 years.
prisoner cases. In the firs t, the
lawyer is the key to the courthouse
C ourt threw out a prisoner's claim
door, for there is no effective ju d i
I f the proposals o f a special ad
that officials had wrongfully confis
cial review o f prisoner com plaints
visory committee to the Reagan ad-
cated his property. W ary o f turning
without one.
m inistartion are acted on, a simple
fed eral judges in to small claim s
There are o th e r, and doubtless
remedy w ill be tested on the pro b
magistrates, the C ourt found that,
better ways, to resolve at least some
lem o f crim e in A m erica: M o re
even though officials had acted neg
prison disputes. In-prison grievance
people will go to prison.
lig e n tly , th e ir negligence did not
a
rb rita tio n is a promising altern a
Among other things, the Attorney
amount to a deprivation o f property
tive, provided that outside impartial
General’ s Task Force on Crim e has
“ without due process o f law .”
arbitrators are used. But prison sys
recomm ended a $2 b illio n federal
In an Ohio overcrowding suit, the
tems resist this idea, perhaps
program to help states construct pri
Court declared that "prisons cannot
because officials fear the introduc
sons, the e lim in a tio n o f parole in
be free o f discom fort” and decided
tion o f outsiders m ight unsettle
federal cases, and new lim itations
that it was perm issible to confine
existing
guard-prisoner power rela
on habeas corpus p etitio n s from
two prisoners in a cell designed for
tionships.
state prisoners.
one. By o utlaw in g double-celling
Ih u s, cumbersome and sporadic
The upshot is not only the lik e li
the C o u rt would have condemned
as it is, judicial review provides vir
hood o f m ore Am ericans w inding
conditions in a majority o f state pri
tually the only outside scrutiny o f
up in and remaining in prison, but
sons, com pelling some serious re
what goes on behind the walls. The
also the aggravation o f a problem
consideration o f the need to incar
prison refo rm m ovem ent o f the
which alre a d y beleaguers prisons
cerate bad check artists, car thieves,
early
1970s has now largely d isin
and prisoners alike.
drug possessors and other non-vio
tegrated. Prisons absorbed early
In even greater numbers, prison
lent offenders at trem endous ta x
court rulings u p h o ld ing prisoner
ers are suing their keepers to gain re
payer expense.
rights sim ply by b ureaucratizing.
lie f from overcrowded conditions,
M ost recen tly, the C o u rt ex
Rules and regulations replaced seat-
guard brutality, medical neglect, ra
empted stated pardon and parole o f
of-the pants decision-making, add
cial discrimination and mail censor
ficials from disclosing any reasons
ing to the depcrsolanization o f im
ship. Yet, with rare exceptions, their
whatsoever for their decisions. E x
prisonment
while making little dent
attem pts to a ir th e ir co m p laints
panding on a doctrine it had devel
on prison reality.
through the legal process— as op
oped in o th er cases solely fo r the
In the meantime, the new conser
posed to bloody riots— are doomed
purpose o f denying relief to prison
vatism,
together with fear o f crime
to frustration.
ers, the C o u rt in (his case denied
and criminals, discourages citizens
Before the Supreme C ourt’ s land
prisoners any due process p rotec
from takin g an interest in w hat
mark crim inal procedure decisions
tion, unless they are about to lose a
happens
to people after conviction.
o f the 1960s, the courts took a
liberty or property interest “ rooted
The prison remains a closed world,
“ hands o f f attitude toward prison
in state law .” This new doctrine cre
with h ard ly any in q u iry in to
er complaints. In practice, prisoners
ates an u n fo rtu n a te paradox: The
unspeakable crowded conditions or
had no rights enforceable in court;
more a state legally limits the beha
the broad exercise o f power by state
the rule o f law did not penetrate
vior o f its officials, the more prison
bureaucrats.
prison walls. Arbitrariness, corrup
ers may invoke due process to re
tion and occasional brutality by pri quire fair treatment. But if the state
Copyright PNS t vs i
son o ffic ia ls sim ply went unques gives wide and unregulated discre
tioned.
tion to the officials, it completely es
T h e W a rre n C o u r t’ s rulings
capes judicial review.
opened federal courthouse doors to
M oreover, even when the validity
prisoners trying not only to reverse
o f prisoner claims is acknowledged,
invalid convictions, but also to sue
they o ften meet a dead end in the
state officials over unconstitutional
trial courts. Such cases are generally
ly oppressive prison conditions. The not heard by judges and ju rie s .
result has been a relentless upsurge T h e re are seldom tria ls w ith w it
in prisoner cases in the fed eral
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