A Letter from the PUBLISHER Alem, Stefan Kanter, Ray Kennedy, John Koffend, Ed Mag- Nuson, Lance Morrow, John M

TIMETHE WEEKLY NEWSreACAZINe

_ Barron HADDEN 1898-1925 irouNDs--; Hadar Sr.. Luca ig98--1967 Korroa-tai-Cater Hamer Dosrovsff CRAIRmAN or ran BOARD ANDREW H siseatt. Pads:Dna Jamas R. SHEPLEY CHAIRMAN Idtacorren Cosoncran James A. Loots Samoa STAFF Emir* Daman. Smut:Hsu VtCE Caddstaucts Roy E. Liaising MANAGING EDITOR Henry Anatole Grunwald ASSISTANT MANAGING EDITORS Edward I.. Jamieson, Richard M. Seamon SENIOR EDITORS A. T. Baker,LeszbI. Barrett, George G. Daniels, Michael DeManta. John nontan, Timothy Foote, Leon Jere. Ronald P. Krim. Maraludi Bird Martin. Jason Medusas, 11.4bart =neyerson. ART DIRECTOR SIDEY, FISCHER, MacNEIL, STACKS, AUSTIN, FENTRESS, GOODPASTER Louis R. Glesamann ASSOCIATE EDITORS Douglas Auchindosa, Harriet Bachman, Gurney Breckenfeld, Clell Bryant, Richard Burghelm, Gilbert Cant. Gerald Clarke. er Davidson. Philip Herrera, Keith R. Johnson. T. H. A letter from the PUBLISHER alem, Stefan Kanter, Ray Kennedy, John Koffend, Ed Mag- nuson, Lance Morrow, John M. Scott, David B. Tinnin, Edwin G. Warner. CONTRIBUTING EDITORS William E. Barnes, William Bender. Patricia Blake, Edwin Bol- well. Ruth Brine. Marshall Burchard, George J. Church. Jay Cocks, Christopher T. Cary. Harold B. Crowther Jr., Johanna Davis, Charles Derer-skey, George Dickerson, William R. Downer. L. Clayton Do Bois, Martha M. Duffy, Jose M. Ferrer III. Frederic Golden, Mark S. Goodman, James Grant, Robert G. Hummeretone, Geoffrey James. Timothy M. James, Marguerite Johnson Katie Kelly, Alwyn Lee. Bob McCabe, Mayo Moho. Mark Nichols, James Randall, R. Z. Sheppard, William E. Smith, ORE than in any other of our News Editor Edwin Goodpaster re- Larry Still, Peter Stoler. Gene Thornton, Mark Visbniak. Carey M Winfrey. domestic news bureaus, each of layed instructions and guidance on RESEARCHERS TIME'S 20 Washington correspon- the needs of the editors. And Hugh Marylois P. Vet. (Chief), Leah Shanks Gordon. Lu Anne Aulepp, Nancy MCD. Chase, Marla Luisa Cisneros, Mary Fernandez, dents is responsible for his own spe- Sidey, Washington bureau chief since Marta A. Fitzgerald, Dorothy HaYstend, Joy Homffce. Amelia North. cial news beat: Week in and week January 1969 and our chief President VirginiaAdsune, Susan Altchek, Margaret Bach, Priscilla B. Badger. Claire Barnett, Patricia Heckert, Jean Bergerud, Madeleine Berry. out, they keep watch on the man in watcher since 1960, assumed the ba- Margaret G. Boeth, Dorothea Bourne Molly Bowditch, Anne Constable. Kathleen Coon, Rosamond Draper. Rosemary L. the White House, the men on the ton of overall command. Frank, Joanne Fenger. Mane Gibbons, Patricia Gordn. Georgia Harbison, Harriet Heck, Nancy L. Jalet. Mary Kelley, Geraldine Hill, and on all the personalities and By the time the typewriters began Kirshenbaum, Marion Knox., Vera Kovarsky. Nina W. Ulm, machinery of government and pol- Gail Lowman, Amanda Macintosh, Gaye Mcinteah, Gillian pounding in New York, the editors MeManua, Clare Mead, Sara C. Medina, Alexandra Messy, Ingrid itics. Sometimes their stories stand had 35 different reports from which K. Michaelis, Marguerite Michaels. Deborah Murphy Ursula Nadaady, Nancy Newman. Hilary °Were, S. Marion Pfkul, Sue alone. Yet often in the immensely to work. Edited by Senior Editor Raffety. Wendy Raymont, Erika K. Winches, Eileen Shield,. Raissa Silverman, Michele Stephenson. Betty Suyker, Anne Tan. complex world of government, an Laurence Barrett, the story fell into Mary Themo. Lois Timaick„ Stephanie Trimble, F. Sydnor Van- derachmidt. Susanne S. Washburn. Michele Whitney. Nancy event calls for many of the virtu- three parts. The cover on President Williams. Linda Young, Rosemarie T. Zadikov. PICTURE AND PRODUCTION EDITORS osos to come together as an orches- Nixon and the vote's significance for Charles P. Jackson (Chief); John M. Cavanagh. Eugene F. Coyle trated whole. Such a case is this his embattled Administration was (Deputies). Prortrags: Alton L. Clinger'. Alan Washburn. David P. Wyiand. Coto& Diasc-roa: Arnold H. brapkln. COLOR PROJECT week's cover story on President Nix- written by Associate Editor Ed Mag- Maverick: Andrea Svedberg. Pacmucnom: Burior Nargolwala, Erwin S. Edelman, Manuel Delgado, Agustin Lamboy, Austin on, pegged to the Senate's rejection nuson and researched by Deborah Meme, Stanley Redfern. Pic-ruaz Raztesactoras: Greta Davis, Mary Dunn, Alice Rose George. Evelyn Merrin. Francine Mlles, of Supreme Court nominee Judge Murphy. The box on the lives and ca- Deborah Pierce. Ursula Robbina, Carol Saner, Nancy L. Smith, Elizabeth Seeder, Tina Tinay. G. Harrold Carswell. reers of Judge Carswell and the other ASSISTANT ART DIRECTOR: Arturo Casenenve. When the news broke on Wednes- rejected nominee, Clement Hayns- CORRESPONDENTS Time-Life New Swells. day, the correspondents were already worth, was written by Contributing Murray J. Gut (Chief) R. Edward Jackson, Robert Parker (Deputlaff deep into their reporting. Simmons Editor Peter Stoler. The second box Senior Correspondent: jeho L. Steele. Washington: Hugh Sidey„ Edwin W. Goodpaster. Bonnie Angelo. Fentress was at the White House to on the Senators at the center of this ohn J. Austin. Walter Bennett, Martha Bucknell, Vincent A. Jarlin Jr., Jess Cook jr,. Simmons Fentress. Dean H. Fischer, gauge the presidential reaction and historic confrontation was written by Hays Gorey Terry Handful., Paul R. Hathaway, Nell MacNeil, Lawrence Malkin. John M ulliken. Herman Nickel, John F. Stacks, future course. Neil MacNeil, chief Associate Editor Keith Johnson. Both Mark SullivanArthur White, Marvin H Chicago: Champ Clark. Joseph Si. Boyce, Samuel K. neer. Frank B. Merrick, Jacob congressional correspondent, was were researched by Genevieve Wil- Simms, Robot Wlldau. Les Angeles: Donald Neff, Sandra Bur. busy interviewing Kentucky's Mar- ton, Donn E. Downine. Jonathan Z. Larsen, Martin Sullivan. son. Says Sidey: "This was an old- David A. Whiting.John L. Wilhelm. New York: Frank Mc- low Cook and other crucial Senators. fashioned power conflict between Hill Culloch, Abu" H. Anderson Jr.. Roger Beardwood, Mary Cronin. Douglas Gagner, Ted Hall, Jill Krementz, Leonard Levitt. John Austin, who covers Congress and White House—the classic Wash- Richard N. Ostling, Karsten Prager, Rudolph S. Rauch 111, James F. Simon. Sandy Smith. Atlanta: JosephKane,). Kenneth with MacNeil, focused his reporting ington struggle. It had emotion, elev- Danforth. Peter Range. Hasten: Gregory H. Wi erzynekl, Barry Hillenbrand. Robert Lewis, Ruth Mel:glens Galvin. Detroit: on Indiana's Birch Bayh, leader of enth-hour suspense, marvelous char- Peter Vanderwicken, David Skedgell. Houston: Leo Janos. David DeVoss. San Fra nelson lease L. Birnbaum, Gisela Holm. the Carswell opposition. Dean Fisch- acters like Martha Mitchell, and a William F. Marmon Jr. United Nations: Frederick Gruin. I. . Curtis Prendergast. Lansing Lamont, Honor Balfour. er, the bureau's legal expert, was in whole stageful of bit players. In the Patricia Delaney. Charles R. Eisendrath, Christopher Porterfield Pods: William Rade:stackers, Roland Flamini, Horace Judson, the Justice Department interviewing end, with the application of shoe Paul Rens. Bonn: Benjamin W. Cate, George 'Taber. Common Market: Robert Ball. Rome: James Bell.John Shaw, Wilton one of Attorney General John Mitch- leather and hard sense, the story al- Wynn. Jerusalem': Marlin Levin. Eastern Europa/ 8. William Mader. Beirut: Gavin Scott. Mediterranean: Lee Griggs. ell's key aides. John Stacks was soon most reported itself." Meson.; Jerrold L Schecter. Stanley W. Cloud. Far East: probing Senate attitudes toward the Louie Kraur (Singapore). Hong Kenn Bruce W. Nelan. Saigon: Mani: Clerk, Robert S. Anson, Burton Pine., James Wiliwerth. nomination of another Southerner The Cover: Portrait in watercolor Bangkok: Hugh S. Greenway. East Myles: John West Africa: James Wilde. New Delhi: Dan COegin, James to the Supreme Court. Throughout, and tempera by Bob Peak. Shepherd. Tokyo: Edwin M. Reingold, S. Chang. Frank Iwama. Sydney: Ernest Shirley. Ottawa: Richard L. Duncan. Toronto: Peter Simms, Robertson Cochrane. Montreal: William Fried- man. Calgary: Ed Ogle. South America: David C. Lee (Buenos Aired; Me Garcia. Kay Huff (Rio de Janeiro). Mulct' City: Ber- nard Diederich. News Desks: Rosemary Byrnes, Marcia Gauger. Cable Desk: Minnie Magazine. Ad ministration: Lawrence M. INDEX Crutcher. EDITORIAL SERVICES Cover Story 8 Color Obituary 38 Paul Welch (Director). Robert W. Boyd Jr.. Peter Drag,Margaret 69 T. Fischer, George Karam. Doris O'Neil, Frederick L. Redpath

PUBUSHER Art 54 Medicine 46 Religion 58 Henry Luce Ill Books ASSOCIATE PUBLISHER Ralph P. Davidson 92 Milestones 77 Science • .52 GENERAL MANAGER Kelm Sutton CracuLarlow DIRECTOR. Robert J. Moore Business 81 Modern Living 68 Show Business . . .72 Pao:donoN DIRRCTOR Richard E. Coffey PRODUCTION DIRECTOR. Donald J. Barr Cinema 90 Music 57 Sport 60 ADVERTISING SALES DIRECTOR John A. Meyer Education 44 Nation 8 Theater 51 ASSOCIATE Satan DIRECTOR Robert C. Barr Q 1970 Tam inc. All rights reaerved, Principal office: Rockefeller Letters 2 People 36 World ....22 Center. New York, New York 10(120. Press 43 TIMETHE WEEKLY NEWSMAGAZINE

April 20, 1970 Vol. 95, No. 16

THE NATION

AMERICAN NOTES an LSD-laced sugar cube from the fam- BIRCH BAYH ily refrigerator, the suicide of Art Link- Physician, Heal Thyself letter's daughter Diane, 20, after a bad Juvenile delinquents are easy to iden- trip. Now a new chapter has been writ- tify once they have gone astray, but spot- ten in the grim folklore of LSD. Some- ting and helping potential offenders is body slipped some acid into the potato a poignant problem for parents and po- and corn chips at a swinging singles lice alike. A New York specialist in party in the Marina del Rey section of psychosomatic medicine, Dr. Arnold Los Angeles, and nearly 40 of the 200 Hutschnecker, has now come up with a guests tripped out. startling plan for preventing delinquen- When sheriff's doPuties arrived, the cy. It involves nothing less than the scene resembled a Bosch vision of hell. mass psychological testing of every "Some of them were staring," said one. American child between the ages of six "Some were unusually happy. Some and eight in order to weed out future were sick. People were screaming. Some criminals. said the walls were moving.-One man "Corrective treatment should begin cried that his hands were getting bigger at that time for all those tested chil- and bigger. It looked like a madhoUse." dren who show delinquent tendencies," Psychiatrist Louis Lunsky, who treat- recommended Hutschnecker, who was ed many of the trippers, called the Ma- EDWARD BROOKE practicing internal medicine when Rich- rina del Rey incident . the first doc- ard Nixon went to him for periodivphys- umented case of mass hallucinogenic ical checkups in the early 1950s. After- poisoning. "The frightening thing is," school counseling would be mandatory he adds, "that it could happen again." The Seventh for young children; older, hard-core These days, if an American escapes youths might be packed off to special being hijacked in an airplane, mugged HE enormity of the defeat was shat- camps. To reinforce their better traits, in the street or sniped at by a man Ttering enough. At a time when a con- Hutschnecker suggested, "there are Pav- gone berserk, he apparently still runs fluence of pressures was already upon lovian methods, which I have seen used the risk of getting accidentally zonked him, Richard Nixon experienced the effectively in the Soviet Union." by the hors d'oeuvres at a friendly neigh- most serious reversal of his young pres- Dr. Hutschnecker's Orwellian propos- borhood cocktail party. idency with the Senate's surprise real has stirred strong criticism from many jection of his second nomination to the experts who argue that there is simply The Outlaws of 1970 Supreme Court. The setback was a sharp no scientific way to test a future crim- This month a superior court judge in blow to the President's national pres- inal with any degree of accuracy. Said Fayetteville, N.C., put his pen to an tige, especially since he had only a Caleb Foote, a University of California order declaring that three prisoners who week before raised the Senate vote to law professor and criminologist: "The had escaped from the Cumberland coun- the level of a test of wills by denounc- idea of predicting future criminal ca- ty jail were outlaws. Outlaws? In 1970? ing senatorial opposition to his pres- reers by testing six-year-old children is As it happens, North Carolina is one idential prerogatives. The Senate's ac- unworkable, discriminatory and unjust of a handful of states where outlawry re- tion at least called into question the to the thousands who would erroneously mains in existence. Once a man is made viability of his Administration's so-called be labeled precriminal." Last year Dr. an outlaw by court order in North Car- Southern strategy, and it raised serious Hutschnecker called for "a kind of men- olina. he is literally outside the pro- doubts about the usefulness of his At- tal-health certificate" that would be re- tection of the law. Any citizen may try torney General, the architect of that quired of young people applying "for to capture him and, if the outlaw re- strategy and the man who has twice rec- any job of political responsibility." His sists, the citizen may legally kill him ommended losers to the President. More- idea of sanity credentials left unresolved on the spot. over, the defeat showed that Nixon's Juvenal's question about who would Bobby Deaver, a Fayetteville lawyer White House, far from being the dust- guard the guardians, but it raised an in- who has written on the history of outlaw- free, efficient machine that so many triguing possibility: Why not make the ry in the North Carolina Law Review, ar- had expected it to be, is not only in- anti-lunacy license mandatory for psy- gues that the statute should be rescinded creasingly embattled but in many ways chiatrists as well? before "irreparable injustice occurs remarkably prone to malfunction. which could reflect on the dignity of the Still, the President could have ab- Acid by Accident laws of North Carolina." The very con- sorbed the blow quietly, picked a more Because of its special hallucinogenic cept of outlawry—though it is technical- suitable candidate for his third try at potency, LSD holds a particularly sin- ly a legal procedure—recalls the dismal the court and hoped that the affair ister terror for most Americans. Acid frontier days of vigilantes and lynch would eventually blow over. Instead, dis- has been the villain in several bizarre mobs, when angry citizens were allowed playing signs of the zest for political and well-publicized incidents: there was to take the law into their own hands and roughhousing that was his hallmark in the hoax that six Pennsylvania students too frequently did. Fortunately for the the 1940s and '50s, Nixon decided to were blinded by staring at the sun while three North Carolina prisoners, all were slug it out with the Senate. The con- stoned, the near death of a 5-year-old peaceably recaptured within three days flict that he thus launched could have New York girl who innocently munched of the judge's ruling. greater impact on his Administration UPI AL SATTERVill ITE-C ISMERF S

MITCHELL & THE PRESIDENT IN OVAL OFFICE-

Crisis of Richard Nixon CARSWELL AT HOME —and on the country—than the Sen- the harshness of the President's tone period of relatively good fortune and suc- ate's rejection of Clement Haynsworth —all these were the ingredients of a po- cess in dealing with both a Democratic Jr. and George Harrold Carswell. tentially historic breach. If the President Congress and the general public, his Twenty-seven hours after the vote persists in his course, the schism could problems have begun to accumulate rap- on Carswell last week, Nixon faced re- rival Woodrow Wilson's deadlock with idly. With the Senate battle, in fact, porters in the White House press brief- the little band of willful men" in the Nixon could be headed toward a se- ing room. Beside him was Attorney Senate who opposed U.S. participation quel to his 1962 memoirs, Six Crises. General John Mitchell, his presence ap- in the League of Nations. It is also rem- The continued toll of inflation on the parently an indication of Nixon's con- iniscent of F.D.R.'s campaigning against voter is earning him bad marks. At the tinued trust in him. The President's jaw Senators who had opposed his plan to same time, the fear of recession is prev- was taut. His eyes were angry, his words pack the Supreme Court with Justices alent, and it was not assuaged by last clipped. "I have reluctantly concluded," friendly to New Deal legislation. week's announcement that in March he declared, "that it is not possible to The current fight is a clear departure the unemployment rate rose to 4.4%, get confirmation for a judge on the Su- —and could become an enduring one the highest since Nixon took office. La- preme Court of any man who believes —from Nixon's lowered-voice policy. bor turmoil in eleven major industries in the strict construction of the Con- It raises the pitch of political debate threatens the country's stability. The stitution, as I do, if he happens to and tends to divide the nation, which conflict over school integration is grow- come from the South." He accused his he has vowed to "unite" and lead "for- ing worse rather than better, partly be- opponents not only of regional prejudice, ward together." Implicit in the conflict cause of the Administration's ambiv- but of "hypocrisy" and of subjecting over Haynsworth and Carswell were fac- alence about how integration should be Haynsworth and Carswell to "vicious as- tors of race and class. To many, the Su- enforced. Despite Nixon's election prom- saults on their intelligence, on their hon- preme Court since the mid-1950s has ise to conduct a "war" on it, crime con- esty." He said that he would be forced become a symbol of disconcerting so- tinues to increase inexorably. to nominate a judicial conservative from cial change. The court has been both In foreign affairs, new fighting in outside the South, thus denying that sec- heavily attacked and stoutly defended: Cambodia threatens an expansion of tion of the nation its just representation. another prolonged controversy could the war—and at home, dissent about Later, in a written statement, he gave further damage its prestige. the war is blooming once again with Southerners his "assurance that the day The new bitterness could also affect the spring. The Senate last week ap- will come when men like Judges Cars- Nixon's policies on other issues. After a proved, 72 to 6. a resolution calling for well and Haynsworth can and will sit a Soviet-American freeze on deploy- on the high court." * Though the President here seems to be un- ment of both offensive and defensive The implication of political retribu- happy to all appearances—and in this case strategic nuclear weapons. As the U.S. tion in this year's congressional elec- had good reason to be so—some who have resumes arms negotiations with the Rus- tion, the playing on the South's latent worked with him say that his turned-down- sians, the Administration wants a free persecution complex, the conversion of mouth expression is really one of concentration hand in the bargaining rather than back- a dispute over the qualifications of two on the matter before him. When he is really dis- pleased, they say, his most characteristic ex- seat driving from Capitol Hill, And as individuals into a confrontation between pression is a tight smile, accompanied by if all this were not bothersome enough, the Executive and Legislative branches, excessive politeness. a new Louis Harris poll, taken just

before the Carswell rejection, discloses hit not merely the 51 Senators who and ethical standards which we believe this week that Nixon's popularity rating voted against Carswell. In the vote on are required." Tennessee Democrat Al- has dropped to 52%—one of the lowest Haynsworth and in the two tests on Cars- bert Gore introduced a resolution ac- in his presidency. Harris reports that re- well, a total of 61 Senators opposed cusing Nixon of an "assault on the gional breakdowns indicate that Nixon's the Administration. integrity of the Senate." Agnew's ri- Southern strategy has proved popular Predictably, Nixon's statement caused poste was that Gore was "trying to in Border and Deep South states, but a furor. It was in no way diminished crawl out of a difficult situation." is costing him support in the industrial when Spiro Agnew followed up on a Even some Republicans who had Northeast and the Midwest. CBS interview with an accusation that stood with the Administration were dis- What Nixon needs now is Congress's the Senate had allowed itself to be comfited. James Pearson of Kansas, who cooperation, especially on his proposed taken in by "the worst snow job of any voted for both nominees, said: "I do new budget. His frugal spending plans legislative body in history." More than not recall a single discussion or com- have been jarred by hastily prepared two dozen Senators signed a letter charg- ment, either public or private, by a sin- pay raises for federal employees that re- ing that the President had "completely gle Senator, which would warrant the sulted from the Post Office strike. Yet mistaken" the Senate's action and pledg- President's conclusion." Minority Leader his attack on the Senate last week pro- ing that they would support a South- Hugh Scott was privately furious at duced hostility that he can ill afford. erner of Nixon's philosophical persua- the Administration's handling of the The President's accusations, after all, sion if he met "the high legal, judicial case. Publicly, he said: "The Senate is

Four Crucial Nays: Why They Did It OMENTS before voting began on Nam war heroes. Cook heard Nixon which I was familiar as a lawyer." He M the Carswell nomination, Robert praise "the excellence of these people, concluded: "The South has been pa- Dole of Kansas turned his back on the high degree of their efficiency." That tronized in that the President offered a Vice President Agnew to speak directly did it. Said Cook: "Driving back, I nominee who was less than qualified." to his fellow Republicans on the left thought to myself, what -we.are saying • side of the Senate chamber. Dole looked here is that these boys gave-- their lives Spong and Cook felt strong pressures squarely at Marlow Cook of Kentucky, —and we sitting up here are 'going to from home to vote for Carswell. For who had led the unsuccessful fight to put on the Supreme Court someone Vermont Republican Winston Prouty. confirm Clement Haynsworth. "The fate from whom we don't demand a high de- it was the other way round. He is gen- of G. Harrold Carswell rests on this gree of efficiency and excellence. It may erally an Administration loyalist; he side of the aisle," Dole said. ."We will sound corny, but that's what happened." stuck with Nixon on the ABM issue make the decision, as our votes will Another lawyer who favors a strict- when most Northeasterners did not, and make the difference." Cook stared constructionist court. Freshman Dem- he supported the Haynsworth nomina- straight ahead. When his name was ocrat William Spong of Virginia, went tion. But the Senator faces a difficult recalled to vote, he replied firmly: "No." through a similar process in arriving at election campaign against former Gov- Given his championship of Hayns- his anti-Carswell decision, though there ernor Philip Hoff. a liberal Democrat worth and the fact that he is a fresh- was no emotional conclusion like Cook's who had zeroed in on the incumbent man Senator from a border state that experience at the Medal of Honor cer- as a Nixon rubber stamp. Moreover. has Southern proclivities. Cook seemed emony. Spong, too, had voted for Hayns- the mail from Prouty's Yankee con- to be oddly cast in his defiant role. At worth, and he had also started out for stituency ran heavily against Carswell. the start, he wanted to stay and vote Carswell. "I agree with the President and the state bar association plumped with the Administration on Carswell that there is the need of a Southerner for a no vote. but, after long hours of Judiciary Com- on the court," Spong said. But Cars- Prouty found no satisfactory answers mittee hearings and his own examination well's printed opinions as a district court from pro-Carswell colleagues to his ques- of Carswell's record as a judge. Cook judge turned out to have been reversed, tions about the nominee. "I thought we concluded that Carswell flunked the test when appealed, nearly three times as would he doing the Administration a of legal competence. often as those of his colleagues, ac- favor by recommitting, giving Carswell "He didn't pass the standards that cording to a Ripon Society survey. a chance to dispel some of the doubts I'd set with Judge Haynsworth," Cook, Spong added: "I spent the Easter re- about him," he said. Once the recom- 43, told TIME Correspondent Neil Mac- cess reading the statistical data on his re- mittal motion had failed, he concluded, Neil. "I'm a lawyer. I'd wanted to be versals, and opinions he had rendered he could not support Carswell on the one all my life, ever since I was a kid. on contracts and other matters with final vote. Said Prouty: "It was a

The Supreme Court is something to WALTER BENNETT DAVID BURNETT me which is so awe-inspiring that I want to dedicate myself to seeing that the court gets back to the greatness it once had." • By Cook's account, he did not final- ly make up his mind until the eve of the vote, after the second of two visits to the White House. The first time, he talked with the President over coffee for more than an hour, explaining, lawyer to lawyer, his reservations about Carswell. Nixon explicitly asked him for his vote. Cook would not promise it. Said Nixon: "I understand, and if you have a problem on this you'll just have to go your own way." Next day Cook was back at the White House for a presentation of Medals of Honor—all of them awarded posthumously—to Viet COOK OF KENTUCKY SPONG OF VIRGINIA PROUTY OF VERMONT anxious to support the President. l stand evoked opposition from blacks, liberal ready to help muster that support and intellectuals and trade unionists, induc- urge the nomination of an individual ing some Senators to be more skeptical THE with impeccable credentials." than they otherwise would have been. R91 J That the Administration could not Yet Northern liberals by themselves did JET TRKE R persuade a majority of Senators of the not have the votes to defeat Nixon's se- HI THOSE WHO t'a'i TV qualifications of either Haynsworth or lections. In the 51-to-45 tally against SPIIR I Carswell was the nub of the entire Carswell, decisive votes came from fight. Unquestionably, there was some Southerners, Border-state Senators and G HauCowil truth to the argument that a number of middle-of-the-road Republicans. A total current and past Justices were no jew- of 13 Republicans voted against Cars- els of judicial wisdom. Doubtless, some well, 17 against Haynsworth. After last Democrats were glad to embarrass the November's rejection of Haynsworth, Administration and would have behaved the Senate generally was eager to as- differently toward men of similar cal- sent to the next choice and thus avoid an- iber who were nominated by a Dem- other unpleasant battle. ocratic President. Certainly the fact that This feeling, together with the belief both judges are Southern conservatives that Carswell was less controversial than Haynsworth and had none of the business entanglements that defeated the first nominee, made the Administration difficult decision—one of the most dif- coolly confident that it would win when ficult I have ever had to make." Carswell's name was ppt forward on The final crucial vote against Cars- Jan. 19. Indeed, such ley Republican well came from another New England Senators as Minority Leader Scott and PRO•CARSWELL DEMONSTRATION IN TALLAHASSEE Republican, Maine's formidably taciturn Whip Robert Griffin, both of whom A shattering defeat, a slugging reaction. Margaret Chase Smith, who had op- had turned against Nixon to oppose posed Haynsworth. Though Mrs. Smith Haynsworth, were dutifully backing well Senate leaders and Administration indicated before the vote that she was un- Carswell. The hard-core opponents liaison men met daily in the White happy with Carswell's contradictory tes- waged mainly a delaying action, wait- House to plot strategy. timony about his role in incorporating ing to see if an arguable case against Adversely affected by the high-pres- a segregated Tallahassee country club, him would develop. sure tactics that it had employed in the one of her close confidants let the White Haynsworth fight, the Administration House know that she was "all right" Opposition Mobilizes countered with subtle moves. It coaxed on Carswell. Just before the Senate ' And develop it did. Two newsmen such influential Republicans as Dela- vote, Mrs. Smith learned that Admin- turned up the fact that Carswell had ware's John Williams and Kentucky's istration operatives, particularly White made a white-supremacist speech 22 John Sherman Cooper, both of whom House Aide Bryce Harlow, were using years ago; Carswell recanted. Then it be- had opposed Haynsworth, to announce her favorable stand to lobby Republican came known that he had been an in- for Carswell three days apart in order waverers. The Congress has no fury corporator of a Tallahassee golf club to gain maximum publicity. The Cars- like Mrs. Smith's when she feels that that went from public to private status well camp, including Kansas Republican her senatorial independence has been vi- in an apparent attempt to avoid desegre- Robert Dole, persuaded a majority of olated. Seething, but outwardly as se- gation; before the Senate Judiciary the Judiciary Committee Senators to an- rene as the fresh rose she wears each Committee, Carswell obfuscated the is- nounce that they did not want the nom- day, Mrs. Smith sat quietly until she sue, bringing his candor into question. ination returned to the committee. The too could say "No." Asked for her mo- Critics pointed out that his decisions had notion that voting for recommittal would tive,she would only say: "My vote speaks frequently been reversed on appeal; demonstrate a lack of political courage for itself." there was little to be said in rebuttal. was effectively spread. Thus, for wildly different reasons Some of the nation's leading legal schol- —lawyerly doubts, reverence for the Su- ars and practicing lawyers questioned his Making the Wrong Fight preme Court, political pressure back judicial skills. On top of that, Senator Still, the nomination's backers felt home, personal pique—a Southerner, a Roman Hruska argued in Carswell's de- that they needed a clear indication that Border State Senator and two Yankees fense that mediocrity should perhaps be the President was wholly behind his cast the key votes against Carswell. Once represented on the court. nominee. The way Nixon chose to show again, out of its diversity, the Senate As the criticism built up, the Cars- his support left no doubt at all—but it had spoken. well opponents, particularly Massachu- probably did more harm than good. He L•I setts Republican Edward Brooke and contended that the real issue was wheth- Indiana Democrat Birch Bayh, saw a er the Senators wished "to substitute slim chance to defeat him. Continuing their own philosophy or their own sub- to stall, they subjected the loyalists to a jective judgment for that of the one per- kind of drop-by-drop water torture, en- son entrusted by the Constitution with gineering one-by-one announcements of the power of appointment." Welt aware new anti-Carswell Senators. Then, last of their own constitutional authority to month, Brooke, Bayh and others hit "advise and consent" on appointments, upon a device that they thought would many Senators resented the statement. allow troubled Senators to sidetrack Nevertheless, by the time the recom- the nomination without taking the full mittal roll call was held last Monday, heat of voting against it. They pro- the Administration had retrieved enough posed sending the matter back to the Ju- straying Republicans to win handily. diciary Committee for further study The motion was defeated 52 to 44, —and there it would almost certainly with only eight Republicans for it. To die. By March 24, Republican Robert most observers, that vote seemed the Griffin of Michigan warned Nixon that end of any serious threat to Carswell. the Democrats needed to pick up only While the White House and its allies a dozen Republican defectors to carry were concentrating on the recommittal that vote. From then on, the pro-Cars- move, Bayh and Brooke were taking SMITH OF MAINE TIME, APRIL 20, 1970 11 counts on the straight up-or-down vote the day before the final vote. He made on the nomination, scheduled for a low-key pitch, handling her gingerly. Wednesday if recommittal failed. They She was noncommittal. found that some Senators had indeed By that morning, the White House was The Bitter bought the concept that recommittal was getting desperate. Liaison men under a gutless way out, and preferred voting Bryce Harlow began telephoning every Ws a relief. This has been an ag- directly on confirmation. Among them Republican who might waver. They tried onizing experience for me, my family were Oregon's Republican Robert Pack- to convince each one that he was the key and my friends. wood, Hawaii's Republican Hiram Fong. to victory for Carswell: "You're the one. Connecticut's Democrat Thomas Dodd. You make the difference." Incredibly. OMING on the heels of his re- If all the other 44 anti-Carswell votes some, like Maryland's Charles Mathias. C jection by the Senate for elevation held firm and those three could be per- had been ignored until then. There was to the U.S. Supreme Court, Judge G. suaded to vote no, that would close the now great alarm in the White House. and Harrold Carswell's statement could be gap to within one vote of a 48-48 tic the President was frantic for informa- seen as an attempt to mask his obvious (four legislators would be absent). Bayh tion. Senator Dole called Nixon Tuesday disappointment. In fact, there is every was sure that Illinois Republican Charles night. "How does it look?" the President reason to believe that the statement Percy would provide that vote. asked. "Rough." said Dole. "It hinges on was sincere. For Carswell, as for Judge The Administration had won its battle two Senators, Mrs, Smith and Marlow Clement Haynsworth Jr. before him —but it was now in danger of losing Cook." —both men who were thrust from the the war. "The White House had shot The Boomerang Gamble relative obscurity of their positions into its wad on recommittal," Bayh explained. national prominence and scrutiny—the "They called in all their IOUs on that On Wednesday morning, the day of nomination fight was a bitter trial that af- one. They cranked up for the wrong the vote. Nixon got worse news. Cook fected lives, family and friends. vote." He was confident not only of pin- called Harlow to sawthat he had decided In the first weeks after his nomination ning down the tie vote but also of to oppose Carswell. Cook had relayed • TN( WIL5ON-L(YITON•ATLANT scratching out one more anti-Carswell the same news to Mrs. Smith and Prouty ► ballot. Majority Leader Mike Mansfield —so that each would know the situation. agreed to call for a vote on the nom- Relieved that the matter would not be de- ination immediately after the recom- cided by one vote, Prouty told Gook: "It mittal move lost. The motion required is my intention to vote no." The White unanimous approval. A perplexed and House reacted recklessly. Calls wellt out wary Hruska, floor-managing the Cars- to such Republicans as Mathias, Cook. well drive, objected. and Pennsylvania's Richard Schweiker. The Administration strategists quickly reporting that the Administration had assembled in Hruska's office right after Mrs. Smith's vote. the recommittal vote to reassess the sit- Just 20 minutes before the roll call uation. They looked at that eight-vote was to begin. Schweiker got his White margin and compared notes on which House plea—and promptly told Ed pro-Carswell Senators they might lose. Brooke. "I raced into the cloakroom to To their consternation, they detected find Mrs. Smith," Brooke recalled. "She the same potential slippage that Bayh wasn't there. I raced down to the Sen- and Brooke had sniffed: the possible ate dining room and found her." Mrs. loss of Republicans Packwood, Fong Smith, livid at the unauthorized—but and Percy, plus Democrat Dodd. That not inaccurate—use of her name. called would not be fatal, since Vice Pres- Harlow, who admitted that the calls ident Agnew would break the tie in the had been made. Brooke rushed onto Administration's favor, but it was high- the Senate floor and spread the word ly dangcrous. "We knew then that we that Maggie Smith was not yet in the Ad- THE HAYNSWORTHS IN GREENVILLE were in trouble," one strategist recalls. ministration's camp. The White House men scanned the Dem- Though the issue seemed decided, no by Nixon to the court, Carswell, pleased ocrats who had voted for recommittal, one could be absolutely certain that all by his new fame, welcomed the out- hoping that they might be able to swing of the votes would be delivered on the side world into his well-ordered life. one of three Southerners: Arkansas' roll call. Spectators were crunched into He opened his house to newsmen and William Fulbright, Virginia's William every inch of the galleries and scores treated them with his customary South- Spong, Tennessee's Albert Gore. Fur- of senatorial aides crowded the floor ern affability. But then, as the oppo- ther soundings made that unlikely, and aisles as Vice President Agnew, fum- sition to his appointment grew, he the doubts proved well founded. bling, announced that "the question is reasserted a claim to privacy. Members What really worried Nixon's men, on the nomination of George Howard of his family and intimates helped pro- however, was the realization that three Carswell." The clerk called "Aiken." vide protection by setting up a 15-hour- Republicans remained uncommitted. and Vermont's senior Senator imme- ..1-day command-post type of- operation Maine's Margaret Chase Smith and diately answered "Aye." Then bells rang to shield him from visitors and tele- Kentucky's Marlow Cook had been with throughout the Senate side of the Cap- phone callers, and telling all but his clos- them on recommittal; Vermont's Win- itol, signaling the start of the roll call. est friends that the judge was un- ston Prouty had opposed them. They and the chamber fell silent. available. "He became something of a knew that none of the trio was high on The first gasps came when Cook vot- recluse," commented a friend, Malcolm Carswell. But each was reluctant to cast ed no. The gallery obviously was over- Johnson. "He was a prisoner in his the decisive vote that would kill their whelmingly against Carswell. Oregon own home." President's choice. Further, the three Re- Republican Mark Hatfield dramatically Normally gregarious, Carswell with- publicans seemed linked. Though their extended a thumbs-down gesture to the drew into a virtual state of siege. He rare- motives were different (see box, page clerk when his name was called. Prou- ly went to the court house, took no JO), they were thought to look to one an- ty's "No" drew scattered applause, de- new cases, worked on old ones at other for mutual support. Dole told spite rules against such expression. When home. He gave up his leisurely, chatty Nixon: "If Mrs. Smith would vote with Maggie Smith delivered her negative lunches at Angelo's, a Tallahassee res- us, maybe Cook would. Then Prouty vote, apparently motivated by anger at taurant, He and his wife Virginia, would have to." Nixon invited Mrs. the White House, everyone knew it was who is described by acquaintances as Smith to the White House for a talk all over. Agnew's official announcement 12 TIME, APRIL 20, 1970 of the count drew shrieks, cheers, applause and a few boos. The Vice Presi- dent called for order, then directed that Trial of G. Harrold Carswell the galleries be cleared. Mansfield rose to move that the President be informed "a cheerleader type," began to turn Mrs. Clifton Lewis, one of the city's "immediately" of the outcome. Nixon, down many invitations to parties and most outspoken liberals, described his surprisingly, was neither watching televi- dinners and limited their social en- limitations: "Harrold wants everybody sion nor listening to the radio at the big gagements to bridge games with close to be happy and grow roses and have a moment. An aide brought him the news. friends. "We were not used to being football ticket." Journalists at work in The President telephoned Carswell in in the limelight," says Carswell's the state capitol press room let out a re- Tallahassee, Fla., and told him: "I'm dis- daughter, Mrs. Ramsay Langston, 24. strained cheer when the wires moved a appointed, but I hope you'll see fit to re- "We wondered if it was ever going to bulletin on Carswell's defeat. main on the bench." be over." Carswell quickly announced that he What really had killed the Carswell Last week about 25 friends and fam- would keep his seat on the Fifth Cir- nomination? Despite Nixon's attempt to ily members gathered in the living room cuit Court of Appeals. Presumably he portray Carswell as the victim of re- of Carswell's white brick house over- will return to the pleasant round of hunt- verse bigotry on the part of anti-South looking Lake Jackson to watch a pair ing trips, parties and football games Senators, the rejection actually reflected of television sets that brought them the that he pursued before Nixon's nom- a widespread conviction that Carswell news of the judge's defeat. "It was like ination made him a national figure. simply did not measure up to the stat- a wake," said one woman. After the Sen- He has a good precedent for such a ure of men the Senators wanted to see ate vote, Tallahassee Postmaster Peyton course in the conduct of other re- added to the Supreme Court. Even many L. Yon Sr., one of Carswell's favorite jected nominees. Southerners felt insulted that Nixon bridge partners, walked over to the judge Federal Judge Homer Thornberry had chosen Carswell to represent them.

AL. SArrERWIIITE-CAMENA 5 "I'm voting for the guy," said one South- •• • • ern Democratic Senator, "but it's great to see the Republicans stewing in their . own juice. They made this bed." Most • r:•1 Southerners voted for Carswell, but some who did, like Sam Ervin, an expert on the Constitution, declined to work very hard for the nomination. The Administration's Southern Strategy Many Republicans, too, were dis- mayed at the choice Nixon had given them. One who pressed most actively for confirmation began to explain how rough his task had been. "When you try to defend a mediocre racist," he said —and then he broke into laughter at how ridiculous that sounded. Maryland's Mathias thought at first that Carswell might "be getting a bum rap" from the kind of legal scholars who look down on lawyers who have not "been to Har- vard," but decided to vote no after ex- CARSWELL FAMILY IN TALLAHASSEE amining Carswell's record. Minority Leader Scott, influential with liberal Re- and shook his hand. "I sure am glad of Texas, whose 1968 nomination col- publicans, left most of the vote-hus- we didn't lose you to Washington and lapsed when the Senate refused to con- tling to aides. glad we'll keep you in Tallahassee," he firm Abe Fortas as Chief Justice, Actually, Nixon's humiliation over said. The Carswells accepted his con- accepted his fate with equanimity, re- two consecutive defeats was largely self- solation, then retired to their bedroom turned to his Fifth Circuit Court bench, inflicted. The ease with which Warren to compose themselves before driving and talked jokingly of writing a book Burger won confirmation as Chief Jus- downtown to face newsmen. about his experience. Judge Clement tice belies Administration claims that Publicly, Carswell expressed no bit- Haynsworth, who suffered from conflict- most Democrats and Republican liberals terness at his rejection, but his friends of-interest charges after he was nom- would automatically team up to block did. Florida Lieutenant Governor Ray inated, has also survived his ordeal. any Southern judicial conservative. At Osborne, who had organized a "Citizens Declaring that "what happened last the time of the Burger appointment, for Carswell" committee, was angry. fall is dead and buried behind me." Nixon said that to avoid controversy "Once again, a Southern conservative Haynsworth has resumed his intensely over Supreme Court nominees he would has been persecuted by the pseudo—and private way of life in Greenville, name men whose credentials were be- I emphasize pseudo—liberals who want S.C., dividing his attention between yond challenge. He also declared that the Supreme Court packed with their his court cases and his prizewinning ca- he would never use his appointment own kind," he said. Others defended mellias. He has also discovered that power to achieve a racial, religious or Carswell against the charges of racism being a Supreme Court nominee, even geographical balance on the court. He and mediocrity. "I've hunted with him a failed one, has improved his social later not only abandoned that in favor and have never heard him express one life. A cousin reports that "because of of a sectional approach, but narrowed word of racial bias even privately," said what they did to him in Washington," his criteria to select two men who ap- Carswell's friend, Attorney Robert Haynsworth has been invited to a pealed mainly to conservative whites. Fokes. "I think he would have made a great many more parties and dinners These latter appointments were part good judge." said former Florida Gov- than ever before. Perhaps for the of the Administration's Southern strat- ernor LeRoy Collins, an erstwhile South- same reason, he is accepting the egy—an attempt to appeal not only to ern liberal. Others were not so sure. invitations. Southerners and conservatives throughout the country, but also to the many

TIME, APRIL 20, 1970 13 whites who are upset by black crime, opinions and found nothing objection- Fulbright does not represent the state." youthful radicals, busing to integrate able. But the FBI missed the white-su- Mrs. Mitchell had earlier told guests at schools, and the "coddling" of criminals premacy speech and Carswell's role in a Women's National Press Club dinner by the courts. Attorney General Mitch- the Tallahassee Golf Club. Mitchell rec- that she had watched her husband read- ell effectively counseled this strategy as ommended Carswell's nomination, un- ing background information on Carswell Nixon's presidential-campaign manager. concerned that there was nothing out- and that he had looked up at her, It helped gain Nixon enough Southern standing in his judicial record. smiled broadly and declared: "He's just states to ensure victory despite the can- More significant, neither Mitchell nor too good to be true." Late last week didacy of George Wallace. the White House made any attempt to the Justice Department announced that Ever since they became law partners sound out key Senators of either party Mitchell had hired a press secretary for in 1967, Mitchell and Nixon have been before announcing the appointments. Martha. fast friends and kindred spirits. It was Many conservatives admire the Attorney Nixon has compounded the possibility Mitchell who gave one of the pushes General, but their votes were almost au- of mistakes in his court selections by in- that helped to force Justice Abe Fortas tomatically assured on both nominations. sisting that he should not himself get off the Supreme Court by advising the In the late stages of the Carswell cam- to know the appointees. He explains then Chief Justice, Earl Warren, of a paign, Mitchell confidently left for a two- that he wants to judge them objectively financial indiscretion committed by For- week vacation on Key Biscayne. Klein- and keep them at arm's length so they tas. The resignation convinced Nixon dienst took over—and thus he could will not feel obligated to him. Nixon of the danger of appointing anyone so has not sounded out the American Bar close to himself that it would encour- Association on his Supreme Court nom- age charges of cronyism, as in the case inations, although this is routinely done of Fortas and Lyndon Johnson. for all lower federal judges. Limited Options The Senate Judiciary Committee asks for A.B.A. review after Supreme Court In setting forth his requirements af- nominations are made. The prospects ter the Burger appointment—a South- are judged either "qualified" or "not erner from the federal bench, a Re- qualified." The committee has never publican, a strict constructionist, under found a nominee unqualified for the 60 and someone Nixon did not per- high court. sonally know—the President limited his The Haynsworth and Carswell fias- options. This ruled out judges on the coes and the possibility that more va- higher state courts, which often possess cancies may soon develop because of talented jurists, men from the South's the advanced age of three members of best law faculties, and U.S. Senators. the court urgently suggest that the se- Even so, the President could have come lection process be improved. The bar as- up with acceptable nominees if he had sociation is willing to be more helpful not relied so completely upon—and been and might be used by the President as served so poorly by—Mitchell. a warning system, though he need not While the Attorney General undoubt- be bound by its ratings. The A.B.A. it- edly thought that he was offering just self needs to improve its review pro- what the President wanted, his choices cedure, and last week its officials of- were needlessly weak, as are his re- fered to do just that. lations with Capitol Hill. The nuances of Capitol Hill procedures escape him. The Ninth Member The necessity of maintaining the best The indications are that Nixon will possible relations with all factions is for- not change his selection system or his re- eign to his nature. Because of his own liance on Mitchell. After last week's distaste for liberals of both parties and vote, the President took his Attorney because his ranking deputies are conserv- General for a two-hour dinner cruise ative, his communications with the Re- on the yacht Sequoia, met with him publican liberal wing are practically nil. again the following day at the White Mitchell's department was just as in- House. They were apparently discussing sensitive in selecting the Supreme Court not only Nixon's statement about the nominees. Mitchell originally assigned Senate, but also the next nomination. his deputy, lijaggjikuglaw to corn As photographers entered the office, Nix- pile a list of some 150 potential Jus- MARTHA MITCHELL AT HOME on was overheard saying, "You've met tices. Applying Nixon's guidelines, he Shattering all protocol. the other fellow?" Replied Mitchell: reduced the list to about 30 names. "Yes, I have." Mitchell then helped prune it to just wind up a scapegoat if the President de- Nixon said that he would make an- five, including Burger, Haynsworth and cides that someone in the Justice De- other nomination soon. It could well Carswell. He decided that Burger was partment must be blamed for bungling come in a matter of days. It is known best and recommended him for Chief the Carswell matter. that two Northern judges are already un- Justice. When Fortas resigned, Mitchell Mitchell's performance in getting dergoing FBI checks. One of them, Harry asked another assistant, Ihhiliae‘fallp- nominees approved has not been aided Andrew Blackmun, 61, an appeals-court ,44u4st, to study Haynsworth's legal rec- by his outspoken wife Martha. Shat- judge from Rochester, Minn., and a long- ord. Since Fortas had been tainted by tering all protocol, she telephoned the time friend of Chief Justice Burger, his financial interests, the FBI carefully wives of several Senators, including Bet- met with Mitchell last week. Blackmun probed Ha ynsworth's business back- ty Fulbright, to implore them to get was considered the likeliest choice. Also ground. It turned up some potentially their husbands to support Haynsworth. being checked is Federal District Judge damaging financial interests of the judge Last week, after Fulbright had voted Edward T. Gignoux, 53, of Portland, —but Mitchell dismissed them as not im- against Carswell, she startled editors of Me. Both are Harvard Law School proper. The Senate later disagreed. the anti-Carswell Arkansas Gazette by graduates. Appointed to the federal In Carswell's case, there were no stock telephoning the newspaper at about 2 bench by President Eisenhower, they are complications and the investigation cen- a.m. to declare: "I want you to crucify considered strict constructionists. tered on his legal qualifications. Rehn- Fulbright and that's that." A native of From the point of view of the Su- quist reviewed all of Carswell's judicial Pine Bluff. Ark., she claimed that "Mr. preme Court's efficiency, the nomination 14 TIME, APRIL 20, 1970 -7-and confirmation—of the ninth mem- FOREIGN RELATIONS But Brandt's visit was more than pomp ber cannot come too soon. The court and ceremony. Pressure has been build- has deferred work on numerous cases A Triumph for Brandt ing in the budget-conscious Senate for for want of manpower and because the Since his election last year as Chan- further reductions in the present 310,- odd, tie-breaking vote has been lacking. cellor of West Germany, ruggedly hand- 000-man level of U.S. troops in Eu- The seat has been vacant for eleven some Willy Brandt has been hailed as rope. Brandt was concerned that pre- months. Further controversy poses an- one of Western Europe's most char- mature troop cuts might undermine his other kind of risk. Though the court ismatic and skillful statesmen. Last week efforts to negotiate a mutual force re- has never been as far removed from pol- he lived up to his reputation. The long- duction with the Warsaw Pact nations. itics as idealists would like it to be, it de- time Socialist mayor of West Berlin Speaking before the National Press pends heavily on political processes and flew into Washington for two days of Club, he argued that the efficiency of its prestige and moral force to work its talks with President Nixon and made a the NATO alliance depended upon a con- will. Its funds come from Congress. Mus- persuasive case for continued U.S. sup- tinued U.S. military presence on the Eu- cle to compel compliance with court de- port of his efforts to ease cold-war ten- ropean Continent. Said Brandt, in his cisions comes from the Executive sions. He also assured himself of a role excellent, lightly accented English: Branch. On highly charged issues, the in any further discussions about the fu- "There is no security for Europe with- court's real power can be measured by ture of the Continent. out the United States." the degree of esteem in which it is held Brandt spent the early part of the On this question, Nixon and Brandt see eye to eye. Despite the pressure for by society at any given moment. AP Attacks on the court, particularly by reductions, the President has already Wallace and Nixon during the 1968 cam- agreed to maintain existing troop levels paign, lowered that esteem. To be caught in Europe at least through mid-1971. in a continuing election-year crossfire Last week he took special pains to lay can only make its position more vul- to rest Brandt's chief worry about his nerable. A number of conservatives have U.S. visit—that he would return home been talking about impeaching William with, in his words, "less G.I.s and more 0. Douglas for ideas that many regard money to pay." At Camp David, Nix- as radical. Though impeachment is a on's adviser for national-security affairs, congressional prerogative, Agnew in the Dr. Henry Kissinger, assured the Chan- CBS interview last week tied the re- cellor that the U.S. would make no fur- jection of Carswell and Haynsworth to ther reductions until after a review of Douglas' fitness. He suggested that 'we NATO strategy. due to be completed in take a look" at Douglas' views and May, established what troops were then "see whether they are compatible needed. with the position he holds." Ostpolitik. With this thorny issue out Those remarks, coupled with Agnew's of the way, Brandt and Nixon held attempt to blame the Senate votes on two meetings at which each had a chance "the liberal media" and "organized la- to take the other's measure. Both were bor and civil rights activists," have an impressed with what they saw. Nixon ominous ring, just as the President's brought Brandt up to date on U.S. ef- statement does. The words not only forts in Asia and the Middle East. Brandt may foreshadow a more abrasive cam- briefed Nixon on his Ostpolitik, or East- paign this year than might otherwise ern policy, and later gave newsmen a have been expected, but represent a fail- concise explanation of the rationale be- ure by progressive elements within the hind his attempts to improve relations Administration to hold ground against with Eastern Europe. "Just as NATO is the steadily growing influence of what a reality, as West Berlin with its re- might be called the Mitchell-Agnew axis. lationships with the Federal Republic Increasingly, the President seems iso- is a reality," said Brandt. "so is the War- lated from other schools of thought saw Pact, so are the two states in Ger- and other individuals once close to him. many, so are the frontiers of Poland. HEW Secretary Robert Finch has been We have to start from these realities if battered in the racial dispute. Liberals we want to improve relations with the and moderates on the White House Soviet Union, seek reconciliation with staff, such as Daniel Patrick Moynihan, the Polish people, and mitigate the dis- Leonard Garment and William Safire, BRANDT AT CAMP DAVID tressing division of our country." Nixon are slipping. In retreat with them is the Starting from realities. and Brandt also discussed Britain's im- notion that the Administration must con- pending entry into the Common Mar- ciliate, must seek new ways to retrieve week inspecting West German troops ket and the impact of an enlarged Eu- the disillusioned and the disinherited. training with U.S. forces in Texas. ropean Economic Community on U.S. The entire Haynsworth-Carswell ep- Tanned by the Texas sun and rested interests; the Chancellor was receptive isode—from the nominations through after 24 days in the seclusion of Camp to the idea of an outward-looking Eu- Nixon's angry protests—underscores David, Brandt alighted from a blue Mer- ropean union. that failure of leadership. Instead of ac- cedes with his attractive Norwegian wife Though no major agreements were cepting the Senate's rebuke gracefully Rut, to be greeted on the White House reached during the discussions, no main the realization that he may have need- lawn by President Nixon. Cannons jor differences developed, either, and lessly contributed to the impasse, Nixon boomed out a 16-gun salute, and the red- Brandt in particular had good cause to reverted to mundane politics, trying to jacketed Marine band struck up the tra- be pleased. He had come to Washington coax partisan advantage from adversity. ditional Deutschlandlied. The Brandts to impress upon both Nixon and Con- The times obviously demand much more were also feted at a gala White House gress the necessity of greater cooperation than that. The nation's embattled in- dinner and entertained by the redoubt- between the U.S. and Germany. As he stitutions, including the Supreme Court, able Pearl Bailey. To the tune of Hello, left Washington to view the Apollo 13 the Congress and the presidency, need Dolly, Miss Bailey belted out "Hello, launching at Cape Kennedy, with Ad- to gain all the respect they can muster. Richard" in honor of the evening's host, ministration assurances still ringing in The Senate recognized that need last added a chorus of "Hello, Willy" in his ears, he had good reason to believe week; the President did not. honor of the guest. that he had succeeded. TIME, APRIL 20, 1970 15 RACES idential nomination and disclosures that turn to Bradenton—but not before girt- much of Kirk's high living was bank- ing an impromptu press conference in Ain't Nobody rolled by contributions to his "Gov- a corridor of the Tallahassee Memorial Gonna Touch King Claude ernor's Club." Last week, when Man- Hospital, where his German-born second In his three years as Governor of Flor- atee school officials prepared to increase wife Erika was giving birth to a son, ida, rambunctious Republican Claude busing among the county's 17,000 stu- their second child. Defending his stand, Kirk Jr. has made an antic art of what dents in order to meet a federal judge's Kirk demanded "my day in court"—but he calls "confrontation politics." Kirk April 6 deadline for improving the ra- not just any court. "I want to be in the frankly describes himself as a "tree- cial balance in elementary and junior Supreme Court on Friday or Saturday shakin' son of a bitch," and he has high schools, Kirk decided to make good or Monday to get law on the subject of proved it repeatedly in headline-grab- on his threat to suspend state school busing," he said. Alluding to President bing performances that range from the boards that complied with federal bus- Nixon's recent speech recommending lo- 1967 Jacksonville rally, at which he ing orders. Taking the law into his own cal options in carrying out desegregation faced down Black Nationalist Rap hands, he imperiously declared that (Tme, April 6), he declared that "the Brown, to his performance last January "forced busing is illegal in Florida." President of the United States is against on the steps of the U.S. Supreme Court, In his DC-3, Kirk flew from Tal- forced busing and I'm against forced where he appeared waving a petition lahassee to Bradenton, where he and a busing." As for the marshals, Kirk against recent desegregation rulings. handful of aides set themselves up in jeered: "Ain't nobody gonna lay a hand Last week Kirk put on his most spec- the two-story brick school headquarters on Claude Jr. Anybody who lays a tacular tree-shaking performance ever. as Manatee's new board of education glove on a sovereign is committing an il- Within six furious days, the Governor —not just for the day, but for "to- legal act. There is nobody who can bod- 1) "overturned" a court decision on morrow and tomorrow and tomorrow.' ily force the head of a sovereign state .• into court." His harangue ended, King Claude flew back to Bradenton, where he arrived at the administration building at 4:30 p.m. in the triumphant company of 70 Florida lawmen. He repeated his demand for a Supreme Court hearing, warning this time that the situation threatened "grave danger of loss of life." Later, marshals were allowed to enter the building to serve subpoenas on nine of his men. A few hours after that performance, Kirk, his aides, his troopers and his plainclothesmen all deserted the place and there was little likelihood that they would he coming back. Fed up with the Governor's grandstanding. Judge Krentzman formally cited Kirk for contempt and told him to get out of the way of the busing plan or face fines of $10,000 a day. Open Season. As Kirk's wild week came to a close, even many Floridians who agreed with his stand on busing wondered about the rationality of his tactics. Observing that "megalomania has no place in a statehouse," the Miami called for the Governor to be "re- KIRK WITH PLAINCLOTHESMEN AT MANATEE SCHOOL HEADQUARTERS Herald moved from office as unfit to serve." Master of an antic art. By his own lights, of course, Kirk school busing by unilaterally declaring After the Governor failed to show up was shrewdly playing on the ambiguities it "a horrible illegal act," 2) twice dis- in court to answer possible contempt in the Administration's policy on de- missed the duly elected school board of charges, Federal Judge Ben Krentzman segregation. In defying the courts, he sleepy Manatee County on Florida's fired Superintendent Kirk, reinstalled claimed to be acting in the spirit of Nix- Gulf Coast, 3) ignored federal court or- the local school board and reaffirmed on's March 24 statement—and who was ders to answer contempt charges, 4) or- his busing order. Kirk thereupon fired to say he was not? Health, Education dered his men to resist federal mar- the local school board all over again. and Welfare Secretary Robert Finch shals "with force," 5) installed himself and sent a team of aides to take over last week sought to "clarify" the Pres- as Manatee school superintendent, and the Bradenton school headquarters. The ident's position by insisting that there 6) made a direct and lofty appeal for jus- U.S, Attorney in Tampa responded by would be "no backward motion" in in- tice to the U.S. Supreme Court. dispatching an assistant and three fed- tegration, and he predicted that the num- Governor's Club. The cause of Kirk's eral marshals to Bradenton. When they ber of black students in classes with Samsonian ire was the Supreme Court's reached the school headquarters, they whites (now 1,200,000) would double January order directing "immediate" de- were met by a local sheriff and six dep- next fall. Yet even as Finch spoke. the segregation in a number of school dis- uties. After several tense moments of Department of Justice filed a "friend-of- tricts in Florida and four other South- badge-to-badge confrontation, Kirk's the-court" brief in a North Carolina de- ern states. Although he is almost a aides locked themselves in an empty of- segregation case, suggesting that a fed- liberal (by Florida standards) on racial fice. A dozen state troopers arrived to eral judge had committed "an abuse of matters, Kirk also knows an issue when back up the deputies, and the Feds re- discretion" in ordering busing to achieve he sees one. His voluble but futile pro- treated to a local Howard Johnson res- desegregation in Charlotte and Meek- tests had been doing wonders for his taurant, where they lamely claimed to lenberg County. That kind of under- local political standing, which had sunk have technically "arrested" Kirk's men. cutting of the federal courts could make to a low ebb after his bumbling at- Outraged that anyone would dare ar- it open season for would-he tree shak- tempt to win the 1968 G.O.P. vice-pres- rest his minions, Kirk decided to reers all over the South.

16 TIME, APRIL 20, 1970