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."-?
Marshmallows ?:niaoudt
Ice Cream SnowSta,X 1-75
J 51.00
ic 10'
half
gallon
Brocade Soap Z;
HEINZ Kosher Style
DILL PICKLES
gal
bar
pack
89
10 bar JQv
r
25-ounce
Jar
43'
Scotkins Paper Napkins
CaaHIoo Scoffs Soft, White Pkg. J)Qf
OCUlUGd Facial Tissues of400 4f
Scot Tissue 22$. 2S29'
For Sparkling Dishes
LIQUID TREND
Special 12-ox. CQ.
Cans
Deal
' For Your
Personal Laundry
TREND POWDER
Washday 33-ox. EC.
Detergent Fkg.
Red Heart Dog Food 3 5:50c
Calo Cat Food
Rich in
Vitamins
229'
They're here... at SAFEWAY! Perfect for Canning; or Freezing!
PEACHES
Freestone Elbertas
Tree - ripened, highly - colored
fruit. Excellent quality. Enjoy
them at your table now!
Per Pound 17c
21-22 Lb.
Lug
2.69
FANCY SLICING TOMATOES
JUMBO-SIZE AVOCADOS
APRICOTS
FROM THE
NORTHWEST
Luscious Moorparks
U.S. No. 1 beauties from our
own Pacific Northwest. Car
now for enjoyment the year
'round.
Per Pound 15c
12-Lb. 4 Q
Flat 1.09
Firm ond red-ripe. Perfect for
those summer salads.
Another salad favorite. 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
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r
a
A.
T'im