MLUi-OHU MAIL, Imouwt.. MUtdnU, CJ.GON
School Prayer Case Spotlights Church -State Separation Issue
By FREDERICK H. TREESH
New York CuPij William J.
Butler, the soft-spoken, Har
vard educated lawyer who
successfully argued the su
preme court case against the
New York State School pray
er, gets his Irish dander up
when anyone suggests the de
cision was anti-religious.
"To say the decision is sac
rilegious or anti-religious is
baloney. It just isn't true,"
Butler said. "What the court
said was that there is not to
be any state involvement in
religion."
Butler, a Roman Catholic
and a successful corporate at
torney, said he volunteered to
take the case because he be
lieves it is unconstitutional for
a state to use its facilities to
carry out a religious func
tion. Ruled 6 lo 1
The Supreme Court, in a 6-1
decision, ruled that the New
York regents prayer was a
violation of the first amend
ment to the U.S. Constitution,
which prohibits "an estab
lishment of religion" by gov
ernment. The prayer had been
written by the New York
state board of regents and sug
gested for use by local school
districts.
Butler argued the case for
five parents from New Hyde
Park, a Long Island suburb of
New York City. The parents,
two Jews, a Unitarian, a mem
ber of the Society for Ethical
Culture and an agnostic, op
posed adoption of the prayer
by the local school board.
"It was the first time in
U.S. history that a state had
composed an official prayer,"
Butler said.
The basis of the parents' ob
jection, Butler said, was that
they believe that once a state
can determine what religious
observance is orthodox, then
it can start preferring one be
lief over another.
Beginning of End
"In our society, which Is
pluralistic in nature, that is
the beginning of the end of re
ligious freedom," Butler said.
The court's opinion, while
restricted to New York's state
composed prayer, inevitably
must be interpreted in a wide
range of other cases involving
the relationship of church and
state, Butler said.
One of these will be the fu
ture of Bible reading and the
recitation of the Lord's Pray
er in schools. A Pennsylvania
case in which those points are
at issue is pending before the
Supreme Court.
And lo what extent will the
court's strict interpretation on
separation affect the future of
federal aid to sectarian
schools?
Butler said the whole ques
tion of religion In public life
will be at issue in the coming
interpretations of the Su
preme Court decision on the i constitutional
New York prayer case, known idown."
as Engcl vs. Vitale. Butler said the five parents
May B Classic I who instigated the prayer case
The case may become a
classic in constitutional law.
"It will be the case on sep
aration," Butler said. "No
matter what happened after
this, it has to happen within
the framework of this case or
the whole structure of our
law breaks hell or go to Russia. The writ
ers don't seem to care," But
ler said.
He dismisses the letter writ-
have received many indignant I ers and callers as "cranks'"
letters and telephone calls' and said at no time have the
since the Supreme Court re-! parents considered asking foi
turned its decision, and at I police protection,
various times their homes , Originally. Butler said,
have been picketed. .about 50 or 55 parents in New
"Most of the letters say the ! Hyde Park actively opposed
parents should either go to j the mandatory prayer. But be
fore the esse went to court 3!2
years hum, t h c r e were only
five petitioners. The others,
he said, did not want to be
come parlies to the action be
cause of possible social or
economic reprisals.
The ca.se had been argued
and lost in three lower courts
before the Supreme Court is
sued its order banning the
New York prayer. Butler said.
Two Youths Drown
i As Canoe Capsizes
Ephrata, Wash. fUPli Two
i Indian youths drowned Wed-
nesday night when their 19
foot cedar dugout canoe cap
; sized under the spillway at
i Priest Rapids dam on the Co
' lumbia river.
The victims were John
Buck. 16, Beverly, Wash.,
son of Frank Buck, chief of
the Wanapum Tribe, and Mel
vin Luci, 24, White Swan,
Wash.
Mental Health Chairman Elected
Salem "IUPD - The new state
advisory committee on men
tal health Wednesday elected
Dr. Herman Dickel, Portland
psychiatrist, chairman.
The committee, which voted
to meet quarterly, was wel
comed by Secretary of "State
Howell Appling Jr., state
treasurer Howard C. Helton,
and Dr. Joseph Treleaven, di
rector of the state Board of
Control! mental health (ft.
vision.
Treleaven said Origon
needs comprehensive, long
term plan to combat problem!
of mental health.
The board, to advise Tre
leaven's division, Is composed
of professional and lay mem
bers. It has nine member
representing public health,
psychiatry, e d u c a tion and
other fields.
KUany Americans
Said Involved in
Testing of Drugs
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Editor's note: The case
of the drug thalidomide,
which was used experiment
ally by doctors before it
was found to cause babuiot
to be deformed, has focused
a spotlight on testing pro
cedures fcr new drugs.
The following dispatch ex
plores these procedures and
the controversy that sur
rounds them.
By JERRY LANDAUER
Washington - IUPD - Thou
sands of American are involv
ed in the testing of new drugs,
but many of them never know
it.
They are the human beings
upon which all new drugs
must be tested before Ihcy
can be sold.
Before the drugs are sent
to selected doctors to give lo
their patients as experiments,
the drugs are tested on ani
mals. But, as a Food and Drug
administration official point
ed out, "animals 'don't answer
all the questions."
There is always the possi
bility that the answer to the
human tests mny be tragedy.
Officials are praying .that no
tragedies befall tl'Ve thousands
Lauds Senate Vote.
Portland, Ore. t!l'li - Bon-novt-llc
Power Administrator
Charles F. Luce Wednesday
hailed the vote by the Senate
on the Hanford, Wash., nu
clear reactor.
The Senate approved an
Amendment to an Atomic Kn
crjiy commission bill which
would allow the Washington
Public Power Supply System
to build electric generating
farililics at the reactor.
"Louie and economic com
mon sense dictate that the
Hanford project shoirld go for
ward." Luce said.
Luce called on the private
utilities of the Pacific North
west, who have opposed the
project, 'lo come forward
now and publicity support it."
Navy Plane Feared
Down in Pacific
Manila - tt'PII - A U.S. Navy
patrol plane carrying 13 per
sons was missing and pre
sumed down iH sea in the Pa
cific 150 miles northwest of
here, the Navy sflid today.
The plane failed to return
on schedule to Samjley Naval
Ba.se here after a night train
ing mission. The Navy said no
radio messages hud been re
ceived from the P-5M Martin
aircraft.
Twelve planes and the car
rier Valley Forge were par
ticipating in a search for the
missing plane, a spokesman
said.
Civil Service Repeal
Petition Needs Signers
Salcjii-irPli-Marlon Coun'y
Clerk Henry Mattson says
sponsors of a petition for re
peal of the county's civil serv
ice system need nearly 3.000
signatures hy next Tuesday,
rather than 2.1(10.
Sponsors thought earlier
2.100 would be enough, but
Mattson said the minimum Is
eight per cent of the highest
vote tast for a state Supreme
Court justice in November,
1060.
of persons who may have,
been given the 'drug thalido
mide as an experiment.
Thalidomide may cause as
many as 5,000 babies in Eu
rope to be born deformed.
Not Sold in U.S.
The drug never went on
sale in this country, thanks
to a suspicious FDA medical
officer named Dr. Frances
Kelsey. But it was tested on
human beings from 1059 un
til last December, when its
U.S. mnkcr warned doctors
not to give it lo women of
childbearing age.
The thalidomide tragedy has
stirred anew the controversy
over government's laws regu
lating the drug industry. Sen.
Eslcs Kefauver (D.Tenn.) and
a handful of his constituents,
plus some medical authorities
and government officials, be
lieve Congress must arm the!
FDA with more power to deal I
with unproven drugs. I
As drugs grow more polcnt,
the officials argue, Ihey grow I
more dangerous. And, they j
charge, the present laws are
too full of holes to protect (he
public.
21 Products Withdrawn i
Since the summer of l!)f3.
drug manufacturers have been
forced lo withdraw from the
druggists' shelves 21 of their
products which had proven to
be dangerous. All had met the
necessary KB A regulations.
Several of these drugs pass
ed by the FDA turned out to
cause such possible fitful mi'l
adies as blood disease, liver ,
damage and hepatitis.
In order to get a drug on
Ihe commercial market, a
drug manufacturer first lests
it on nnlmwis. Then, if it
pusses that test, the company
sends it lo a selected list (if
doctors who have agreed to
give it lo their patients and
report hack on the results.
. Ther.e is no FDA regula
tion that the doctors must in
form their patients that the
drug they are taking is in the
experimental stage. An FDA
official said that k some
cases, il might be wise lo tell
(he patient this.
Then, If the company (eels
tests show the drug is worth
while, It submits a full state
ment of its qualities, with (lie
results of the experiments, lo
(he FDA. There is no stipula
tion as to how long Ihe drug
may be tested on animals he.
fore being used on human be
i ings.
Can Appeal Decision
; The application frfed with
' (he FDA Is considered auto
matically approved unless Ihe
federal agency, within K0
days, disapproves it or orders
: further lests.
The d r u g manufacturer
whose new pill is rejected can
! appeal the dec ision in eifnrt.
Kefauver s u b m i I t e d a
sweeping drug reform bill
that would repeal Hie law al
lowing the drugs to go on
sale in 60 days without spe-
cific approval, a law he claims
i permitted many rlangerous
medicines to gel on drug.
gists' shelves because of (lie
J pressures on Ihe FDA.
"Under existing procedures
it is the American people
who unknowingly serve as
guinea pigs for experiments
by drug companies." Kcdiu
vor says.
Hut his bill was almost en
tirely rewritten by the Sen.
ale Judiciary Committee, leav
ing out the repeal of Ihe HO
day law. and Ihe outlook for
enactment of any hill al all
on the subject heroines dim
mer with each passinj ri.iy.
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