Document 7Rkd7agZ5q14rpeyoBKQKBj2g
able to do so.
' ' '
"will in the ion* run datermtne" them China," with'the hope that ft iwouid
j That Britain's apokcsnia; should utiles* .th" ;o-irt, about to bd fur-' {still, oc at least m'ake better i (formed,
who refer, to this a* "thp iieait of the pished lylUt a second and most fitly the 'current and rather sevi re criti
'! - . ---------------------f
To Curb Lead PoyeninF
i " ----------- j
ventranee ensoi-
rp.ttler" was particularly , miflcant alnee Britain herself Has Ion;1 been an offender under thla priovlzte, At any
chosen Elsenhower appointee, Judge cisms of American policy. > s ahould
Harlan, lo Join the seven chosen.by .'.have been;.anticipated, .he lop* was
Presidents Roosevelt and Truman, an vain.. ;
'
Health Department Brclelon Jtc'stirs j lo Lab\ en Fb^V *,'nrs4isn5Ssl
r hajs it h(i - Jo*,
rate, he haa proposed that all such quantitative restriction* sho ild In 'fu ture be subject to {review by the
ticipates! th* process;,. The layman, who .toll realizes that
the Siijlreme Court (In Swisher's
{ This China "While 'ape'," however,. waa{ unprecedented in two re spects:' Its size--LOW) pages (as
.1 ' . : t----------- - I TP t h * Ew-rot or Th s N*w YoSa Trees:
The- item In The Times qf Oct- 35
Rf world Organization, and tha: the'Im words) "now stands exposed, as a {Cicero once said, "If 1 .hac lime, X reporting the adoption of i aanltary
k. stje position of such restrictions for more power group competing with; other 'would write you a sherter letter"), code by the Health Department which
every It. ?f
than one year should be * lbjeet to prior approval by tho {plenary body of
groups wielding politicalpower In our 'and Its Inclusion;of reperta f om For society,1constitutes tHe bulk bf .this eign,'Service officers jin ihe field
requires &. .warning labtlijon paint containing more-than 1 per! cent lead
id. tj;awav,
the organization, whatever A may be
called,
I
"democrac y, "
and so . th, e topic* dea.ls ,(Da,vies aniiud oSmervi>c.e); Vi,'!L ...m_P0J.t?nf:!-!f outlining the views
naiirAyAl am:etimiiuoiriaiiinud&a of] Johfc Carter
stating that it hr "harmful" and '.'Should not be applied to triys, 'urn'-
-ions.1-
his dally-life, -The layman has week- Vincent, then Chief of] the Division lure or Interior surfaces! wrilch mlg'-S
y his uefoije
i Is (<Jr
yeiir oo |A.'4,000, mpeh. tails maipr
t Job* l l per t be- j
fir:
Topics of Tire 1 in'
ly Illustrations of positive power as sertions by the court. And if he for
gets about Its-exercise of negative
Room the Shores
of Iwe-JImt
power, an occasional Inspection of Ju
On n lw!;r':t near dicial and administrative decisions
tho jPotortis River o o ra m a njd I n g V. sweeping view of the
which It makes positive by refusing to _r_e_v_ie_w them should refresh his
lmtlrin'a 'cfcttal.ftve,mem''rs` marines and a sni!lorl who^eal'-od ,;hc I Tnil'll ooir (jiilbble
'`
Stills and Stripes on Mounnttfiiiribachl, ft*(the .curt]." writes Swisher, "Is
Iwo .lima, one .bloodstaaiinnse!a day in no longer generally - accepted hs the
February, lIHb. are joined or,'-a mri'e, vehicle 'of revealed truth, as the
xni.a tl-r.n they slam! In heroic hranzi larg-dy jiaeslve Instrument of the law,
more than flva times llf-i ;'r.c, to which from time to time it haa
of Chinos* Affalrr, who. accompanied Vice President Henry W Ulace on his' mission to CH<na In Jana, 194-*, Senators I bought that jj-.fae Foreign Service officers were too `soft'* on
Chine3t. communists am went to i
tdenllty Withheld
The State Department (foicoon re gained its sanity, nnd {the lollow-lng summer Secretary of State Acheson refused th identify for th i Senate committees inquiring into (h '-clrcum stances- of General MAuXruvuri* re
bd chewed by ch!ldren.",'is Jrrod nerve to' those concerned with tKs- preven tion of lead poiaenlnff in c '.l'.drsn. `'
.For the years 1351 -j.1 rlurtv-f-.-.r death! Mid 135 c.esri .-f {, hii.l.ibr !
lead polBoning have bren rif-vt-,! by
the Health Depart menta j in . N'--.? Yrirk, Chicago, Easton, C-nc'.nbt!, St.-. Louis and Baltimore, The A',-w Ybrk City. Health Depp.rlrrAn'.a.rrg. ulatior. la part of ,i brca hicals na tional attack cn tliis problem, -.vhkli hria engagtd the efforts ofj many- in dividuals and organization* for - tho last thi-ca year.4. Orto'pha]o nf this
wlio hue {It
ra Ul, 10 hrid tempii one*
memorialize the gallojit hist >rv .it the Marine Corps. Tomorrow--the until anniversary of U-, {corps- -th ms mortal will b dedicated as i symbolle tribute to all the marines vho have given their live* in the senfee of the
claimed jto be. [And], Individual justices j are themselves competitors
for power and for tile Individual pres tige of determining the course of legal rationalization." Yet as late as 1039 Justice Roberta, pursuing th* effort*
moval the Foreign Service! officers
who1 had prepared a paper (Decern ber, 1049 j giving guidance" to infor.
mation officers, as to the American line In th* event that Fonmsa fell to the-Reda.j. Mr.'.Acheson saijt that he
pfogram haa been to deyflop morp , informative labeling ein. paint, espe cially that sold at retilh[The' need, foir thla has Increased with'the-rise' oil the "do It yourself" .{mWlnenii.
/^ \M
L
al leia United States since jl775.'
begun by Chief Justice Marshall to took the responsibility.
i Creation of StandatdV
ng for
prove "Judicial aelf-abnegatlon" In a In January, 1952, the Stall Depart Some may be . curious bs 'toXhow-1
nd re-
Th*-i six figures court history replete with evidence to ment wai quite firm with the Me- tHe figure of 1 per cent 1 has been
th fjt- Old Olory r.trainliig to drive the the contrary.(now, according to Pro Carran cjommlltce, then li.vcstlgat. determined. It Is the rp-jhllt o?'
Hen- flagpola 'nto . the vot- fessor Swlehor, at a.ncw high), wrote Ing the institute of Paiilflc llelatlons: project Initiated in March) 1S53. by;-
l u*kVj- f1[ er the lied in ud thin' of land
n. -TTlhiliJs nent )o -needed end jrf io forty f boa -d city jin acres
On High conic took of the moun as fallows:
;
ts in, vere Immortalized
It f sometime* said that ihe
by the famous picture`taker by Asso court {assumes a power to ovgr-
ciated Press photographer .Joe licsen- -rule or control the.action of the
thal, The men were from Company people's t representatives. This :is E, Twenty-eighth Reglmtjnt, Fifth a misconception. When an
Marine Division, PH Feb, 21, 1045, act of Congress la-appropriately
two days after the bloody I lvpslor. of challenged in the court as not
Iwo Jlmo began, t,u Twe ity-elghth conforming to constitutional man-
Regiment bad .readied th base of '.date, 'the. Judicial branch * * *
Mount Surlbachl, the highest, point on the bleak Pacific island. By night fall of the next day they had sur rounded It. Company - a arted the
has only one .'duty--to' Uy til* `.article.of the Constitution which
is Invoked.beside the'statute and ' i to decide whether1-; the latter v
perilous climb tho followinj morning.; I squares with the former. * * At about 10:35 P. |M, th t six-man The only power It has, if such'It
"It Is tho view of trie d( partment. the American Academy of Pediatric.',
that preserving the Irjegrl.y of the through the American. St-ir.d-ird.-j As-
reporting! by departmental i fflcers is sdciation, to create a - s'.a.-ida.ri'' lot
a matter;of principle pf tils highest paint.which may be safe'{or use on
Importance. It Is equjilly mportant children's, toys, furniture (and Intc-.
to protect tho Integrity jof the internal rior surfaces of domestic 1 dwellings.
memoranda in which views are ex Through the facnif'es of tha r.iae'l-
c'`h"an"fgl'eUd In t.h....e.......f..o....r..m.....a....t.i..o....n.. Pjo*"f policy. crin S. tal.unidiuanrud-s't . 4A',,s', 'oUcVrlialVtMioUnts <anHdU h'.s
Tho ideas# of these tjorumenls [M-jfatJ cooperation of the Lend dnd"
quested by th* commltjeel Would urt tries Asaprtation i and the Matinnr.;
doubtedly. Inhibit tho free 4nd frank Paint, Vai;nlsh_ta,!-I.iii-q'.;jr-Assorin-'
expreos'iott of views by-tho ifflcers dt tioli'it 'like been possibl* to bring'
trio department." ,
|
: together expert!, m children's dls-
This attitude {was irjipeccable. Tlia erises, toxicology, pair.', manufacture
Senato Committee wasmot'intltled to and public health under'the chair-
see1 such documents. tf|itr,|\chenon's mjansnlp of Dr, A. fJ. Crajach of the
' v?:
j detachment raised the Ra|, and-tho may be called, IS the power of law firm | had lost an Important case Union Carbldo.and Carbon; Compr-ny,.
ul roata ,'ing. out
ile. The
ievolving
t-shapbd ichfcoht
inBp]ring sight; of' ()ld Cl ry flying
proudly on high wa* visit I* to' ma rines all over i tho island, many if whom still were engaged 11 hand-tohand fighting with the eni my. / -.
' Judgment. This court neither a'p.
- proves nor. condefnns any leglsla-
live policy,
.'
: But those word* were written In an op'fnJon holding Invalid the first,
5300,04)0.
or 1953, ; a new
mivements
lent- Will
while tp, es which
'Three
' Actual^, an eirllerflag, raising iWd |fl|nal*d the:
{Agricultural Adjustment Act, and, for
the dlasentezi, Justice Stone llaitor 'Chief Justice) accused the majority
game arrival of the'mi rir,eitop of doing Just what Roberts said li
Home the i strategle mountain. |tiid not: and could not.. So Roberta'
Hie first flag w u a small remarks were, taken by many as a
one, brought ashore; by .an olficer in quibble--a vlewpolnb which subse-
his map case. A* lt,waa.b Ing raised qUtnt. actions of the'Supreme Court
iout cost -i '
.emplated n BeaicW s obvious
min overdaya jot 3rightjon
Into position attached to i piece- of1 Japanese pipe, enemy troo) a emerged from their -caves and la inched an assault, 'After1 thoyjhad b,en beaten off and Oi- mountain cliared, 'the larger flag, hurriedly )x>rr iwed from a Navy landing craft, svai irought Up th* mountain.-, OrgWnlzad reslsttinc*
have greatly strengthened. The Im presslori is now widespread that not onlyr`as Chief -Justi'ce Hughes remarkedj'l* the Constitution, what the Judges say it'ls; but also too many Judges imake the; Co(i3lltutlani say
what Uiey want It To.
ches -hsive on th* Island lasted until March 1* The `Liberals' -Civil War
u Tho dc- and marina; eaaualil** w ire. heavy. . After{ reviewing the recent history
eaoh Path Among thos* whe l'ust th Ir live* In of ths court, and contrasting that un
led eonal- later phases of tho battl* were'three favorably with Stone's principle that
ed recria- of .th* six men who r.ed ta icn part In ."courts are noe the only- agency of
the Bocond.'fflag-ratalng, Th*-other government Hint must be'assumed to
It would hot have epneeded the right It] la thla multi-diaclplln* group-'..' i) '
of It* cltent to see 'll* memoranda ho# recommended, afteb cafeful study,
that Junior lawyers Htd prepared to the etandard of 1 per cent or lea* tor
enlighten' Mr. Acheson and his part pilnts .to 'he used on surfaces which
ners, Effect on Oftloeri
miay be. chewed by children. ;It l* retogrilzcd by all tho experts
Th* pubUcitlon In th* Chi aa "White that lnformatlva.labeling la only one
Paper" of .'reports froii Uii Foreign step In preventing lead' polson'ng.
Service officers In th* field began the The peeling of paint containing n
chain of events which iled o th* sit- high percentage oi lend {applied to
uatlon.descrlbed Uy a grioup of former wialls. a'nd woodwork' ycrirs- ago in.
Foreign Servlca office :, whose elo- slum arena of our cities'Is; the source
quent letter The New Ytrk' Times of much- of the childhood lead poi
published on Jan, 17:
soning we see today.- For thls .pre--
"The conclusion 'bar beriome ines vtntlon we need a vigorous program;
capable, for Instance, bat... Foreign jof education which will (reach par*
Service'officer who rSp; orts on per-. eqU of pre-school ..age' ehildrcn in
sons grid events loth vc -y. best Of these localities snd intensification, of
his ability, * * w-hlch at t is time he sjum clearance to' rid communities of
conscientiously believes to b > in the In- housing which breeds this- and other
terests of the United S' atea ma/iub- health problems.'
{. - - -.
aequently 'flnd his loyilty luid integ i . GEdasx m, WHR.iTUv, M. a.
rity challenged end may -even be dhainnan, Committee op Accident-
forced out of the servl :e ai d dlscrgd- ' { Prevention, American Academy
Ited forever as a prlva a cl Jzen after
of Pediatrics.
i
many years-of dlstlni hah d servlcs. {New York, Nov. 3, 133-ti .
A premlim ih*vefor' ha* been put
-o.
aa Uirf* survived the battle a id the war, have, capacity to govern," Swisher upon reporting and up': n recom- J Membora of llouslng chmmittea
They later.pqied! for thelt llkene'eee* ZKEtk'g on trie .Marin*, Memorial. Die Rbson.o thev'3i'rii'J fHSt. 'picture; .wa* yiblial^d -'ivldely.
make* these observations: hVr'hen the Supreme Court became
overwhelming/ the product of Roose-
mondatfone which art at iblgiTSusly
stated or so cautiously se; forth as to be deonlv!
TO THtErufo* or THS Nsw Yos.x Ti.vsn: I In your' Issue of Nov, 8 you prinlre
i