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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (July 8, 1957)
TTH MTCrOHD (OREGON) MAIL TRIBUNE Mondar. July t. 19S7 O Congress Must Stay in Framework of Constitution in Changing Court Verdicts Washington Congress is about to undo, or at least mod ify, one of the Supreme Courfs higgly-disputed decisions of last month. This is the Jencks decis ion in which the court held that a defendant must be given access to reports made to the FBI by informers who testify against him in federal court. What are the circumstances In which the Congress can re verse a Supreme Court decision? Congress and the Court In general. Congress can limit or reverse Supreme Court decis ions however it chooses so long It stays within the framework of the Constitution. On constitutionality, the high eourt ha" the last word and can reverse Congress. In Marbury Madison, on of the most famous of all its opinions. Chief Justice John Marshall established the jfcinciple that the court may re view laws passed by Congress. That W in 1803 when the court iftK mlv 14 years old. It marked lUk fcrst step towards a power ful lteral bench. Tre are two ways for legis- 3irtf to thwart the court. One (Jj Vmediate and direct: To pass (S;1tV that does the opposite of (ww the court rules tB long range but more dras- w CtU wethod is one Congress has (bgga historically reluctant to em (fWf . To enact legislation limit- illle tlfk court's jurisdiction; or Increasing or reducing its mem rshi. Congress took the first route on the hot political issue of tide lands oil after the high court in 1947 ruled that the United States not the states owned the val uable deposits outside the low water mark. In 1953. President Eisenhower signed a bill guaranteeing state ownership of all submerged land out to the three-mile limit. The next year the court refused to entertain a challenge to the new law on the ground that Congress may do as it pleases with U. S. property. The second method was at tempted by President Franklin D. Roosevelt in his court-packing plan of 1937. His supporters in Congress introduced legislation to add a member for each in cumbent who was 70 or over. The failure of this bill to pass was Roosevelt's first severe po litical defeat. There appears little likelihood that Congress will initiate any sweeping limitations on the present court despite legislators' fulminations. But it seems in- Actor Jeffrey Hunter Marries Arizona Model Hollywood W Actor Jef frey Hunter and model Dusty Bartlett were married Sunday at Ojai, Calif., 65 miles ncrth of here. Tht bride is the daughter of Mr. and Mrs. Richard E. Killian of Tucson, Aril. She previously was married to John Bartlett, a Phoenix, Ariz., businessman. Hunter formerly was married to actress Barbara Rush. Liverpool, England HP The British luxury liner Reina del Pacifico crashed into a reef off Bermuda today, its owners reported. Rescue Team Seeks Stranded Climber In Kings Canyon Kings Canyon National Park. Calif. IW A crack team of mountain climbers entered a re mote section of Kings Canyon National park today in an at tempt to rescue an injured hiker stranded on a ledge. John Findlev Scott. 23, Stock ton, Calif., a University of Cali fornia student at Berkeley, was injured late Sunday when he fell 40 feet to the rocky ledge The mishap occurred at the 12,000-foot high North Palisades area near the northeast bound ary of the park. Rangers describ ed the area as extremely rug ged'' and hoped to reach Scott late this afternoon. Scott was hiking in the area with five other students, James Evans, Los Angeles; and Lynn r'arshall. Lawrence Marshall, Dorothv Frev and Lincoln Axe. all of Berkeley. They notified packer Dudley Boothe at South Lake of the accident and he called the Inyo county sheriff's office at Bishop. Word was relayed then to the park's Ash Mountain headquar ters and the rescue team, headed by Assistant Chief Ranger Carl Schreiber, was flown to Bishop at dawn. The team reached South Lake at mid-morning and began the pack trip to the scene of the accident. Other members of the team were rangers Gene Blaz and Ray Murphy, trail boss Joe Davis and warehouseman Barney Scharn. They took with them special climbing gear needed to remove Scott from the ledge. The extent of Scott's injuries was not immediately known. It's SAFEWAY for fine fooods from FANCY BARTLETT PEARS Perfect halves of juicy tree-ripened pears. 303 Serve them with cottage cheese for a c.an felicious salad. c2;;1 13c Libby Pear Nectar LBBY Apricot Nectar c2;" 13c Si Libby' Fancy Garden Peas Z 20c ' Tender, Sweet Young Peas Libby't Fancy Cut Green Beans Stringiest, Young 303 ftl and Flavorful Can aIC ills Libby Fancy Quality Tomato Juice A glorious change for breakfast. Makes the perfect tomato aspic. Hearty, natural flavor. No. 2 Can 15c 46-oz. Can 29c New Health Drink Sensation Libby's "VIM" VEGETABLE COCKTAIL An exciting blend of garden vege tables and finest seasonings. 12-oz. , Can 2254cr39 Uijina act il tent on passing a law to modify the Jencks decision. Background of Jencks Decision The court ruled on June 3 that when a witness summoned by the government in a criminal trial has previously made reports about the case to the FBI the wit ness in question in the Jencks case specifically was an erstwhile FBI undercover agent, then the defense must be given access to those reports to the FBI. The idea is that the defense then can check whether the witness tells the same story in court that he told in his previous reports. This seems like forcing one side in a law case to supply am munition to the other side. It is an extension of the old legal prin ciples. - The demand by the defense for such papers stems from a com mon law right to attack the cred ibility of an opposition witness; and from trial practices that have developed over the years in fed eral courts. Not Ordinary Litigant One of the main considerations noted in the court's opinion is that the government is not an ordinary litigant. The govern ment's duty is not just to win cases but to see that justice is dene. Justice William J. Brennan Jr. ruled in the Jencks case that only defense counsel can decide whether his purpose will be served seeing reports made to the FBI by agents or informers who are testifying. Prior Su preme Court rulings had left this decision up to the trial judge. Attorney General Herbert Brownell Jr., in urging legisla tion to modify the Jencks decis ion, pointed out that he agreed "in principle" with what the court was trying to do in pro tecting defendants' rights. Brownell and the FBI were greatly upset, however, because the Jencks decision set no plain boundaries. Some lower federal courts interpreted it as giving defense lawyers access to entire FBI "raw" files concerning a case. The Justice Department and FBI Director J. Edgar Hoover have vowed never to release these files, which contain hear say and rumors as well as estab lished data. Would Restore Power The solution urged on Con gress by Brownell and ap proved by Senate and House com mittees would restore to trial judges the power to decide which reports must be handed over to the defense and would put other limits on the Jencks decision. The proposed new law would require disclosure only of those parts of a witness' report to the FBI that relate to testimony he had given against a defendant The trial judge would inspect the witness' report to the FBI, deter mine which parts were relevant and order the rest withheld from the defense. If the government balked at turning over the portions held by the judge to be relevant, then the bill would empower the judge to strike out the witness' testimony or declare a mistrial. Justice Brennan's opinion in the Jencks case did not rest on a premise that any constitutional right of the defendant was in volved. If the proposed bill li en acted, a new legal test might well raise this point. Don't Say "Hello" Say "FILTER-FLO" t ) r1Pd I y Jjf Your own kitchen test wilCprpve: HiESH Et-Uffire saw DC SAFHRTATO mm Low fat content of Safeway's ground beef means less shrinkage in cooking . . . more good-eating meat! As you know . . . it's the amount of meat you wind up with after cooking that reveals the value of the ground beef you buy. A comparison of Safeway Ground Beef with ordinary ground beef, in your own kitchen test, will prove the greater value of the meat you buy here. That's because Safeway Ground Beef is uniformly low in fat content... holds its volume well in cooking... has less shrinkage. And it's ground fresh daily... from tender lean chunks of beef. For more good-eating meat, serve Safeway Ground Beef! 45c Wheaties or Cheerios Hi-C Orange Drink Frozen Lemonade Lucerne 3.8 Milk Lucerne Buttermilk Regularly 27c each. Save 9c on 2 Pkgs. Regularly 31e. Save 24c on 4 cans now at Safeway. 2 & 43e "U.S. CHOICE" T-Bone Steaks Sr..rb.'1.09 "U.S. CHOICE" Boneless Top Sirloin Beef Lb. '1.29 Reg. 665c. Each can makes a full quart of refreshing lemonade. "Bonus Quality" Richness and Flavor at No Extra Cost Creamy Smooth! Low Calorie Summertime Refresher 6-Oz. Can Half Gallon Half Gallon 10e 47e 41e "U.S. CHOICE" Beef Round Steak Z&r 89 Every cut of meat Safeway sells is guaranteed to pleas you or your money back! MORE SAFEWAY MONEY-SAVERS Aromatic flavor Nob Hill Coffee tb, 1.83 ' 92 bag 2-lb. can 1.89 Mb. AC 91 can No. 'i can SWEETHEART SWEETHEART COMPLEXION SIZE BATH SIZE FACIAL SOAP BATH SOAP DIAL SOAP DIAL SOAP le Sale A Reg. 41. lc Sale A Bath J4. Deodorant 4 97ft Deodorant 97 Deal 'tBars'JIG Deal Bars Formula "Bars-'S Formula Bars' Van Camp Tamales No. 300 Can IV I Cake Mix Duncan Hines Burnt Sugar 19-oz. Pkg. 35 Steero Bouillon Cubes 2 W I Snowdrift Shortening - 99 Rich and Robust Edwards Coffee T..,,. ET.aL Star-kist chunk style I una risn u NBC Snowflak Soda Crackers JS" ,resh It 29' Sunshine brand Hydrox Cookies 39 Uncle Ben's Rice LL'Jf.,"""" 42 Pure white, pur vegetable shortening Royal Satin 3 1 89' Salad Oil .dr,,; oi' 'i,h ,h h,".',!93' Planter's Peanut Oil SS79' Aluminum Foil "SfH 29" ALL-PURPOSE WHITE KING "D" Heavy Duty 4rky.73c FAMOUS WHITE KING SOAP POWDER Mild. Hard 40-oz. 7Q Working Suds Pkg. fC NEW DUTCH CLEANSER New Blue Cleanser 2C.n'l8C SANITARY NAPKINS MODESS 2 pt 85c Coldbrook brand Margarine Sv."-? 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These are really nice onesl t U..25' ,29' Prices good through July 10th. Wo reserve the right to limit quantities. No sales to dealers or their representatives. Cut-rite Wax Paper 'ST 29 Powder Room Tissue tft 57" is ial es re ir !o e r a A. T'im
