Vedretday. January S3, 1374
The Daily Tar Heel
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eutng an historical precedent.
Tuesday ordered President Nixon
.sunpoenaed to testify at the trial of three
former White House aides accused of the
El'sberg burglary.
Judge Gordon' Ringer said he would
comply with a defense motion to order the
President to give testimony at a pretrial
hearing in the case Feb. 25 and also to appear
for the trial that is scheduled to begin April
Ringer ruled the President "is a material
witness for the defense."
The subpoena was the first ever ordering a
U.S. President to testify in a court trial.
The court was told by defense counsel that
James St. Clair who recently took over as
head of the legal team advising Nixon on
Watergate related matters told them "he
would advise the President against making a
voluntary appearance."
n.(l4?g Satin
from the wires of United Press International
Compiled by Tom Sawyer
Wire Editor
Mansfield to offer counter address
WASHINGTON House end Senate Democratic leaders announced Tuesday that
Sen. fike Mansfield, D-fJont., would deliver a Democratic state of the union address
Friday night between 10 and 10:50 p.m. EDT.
f "ansfSeld's speech wiSI be in response to President Nixon's nationally televised
state cf the union message before a joint session of Congress at 9 p.m. EDT today.
The Democrats said Masnfleid, the Democratic leader in the Senate, would speak
for 15 minutes and then answer questions from reporters.
Senate varns foreign oil barons
WASHINGTON The Senate warned foreign oil-producing countries Tuesday
they are Inviting U.S. economic retaliation with steep increases in crude oil prices.
The warning was contained in a resolution sponsored by Sen. Lawton Chiles, D
Fla. The resolution, adopted by voice vote without debate, expressed Senate dis
satisfaction with price increases for imported crude oil, but its threat of "reciprocal
economic action by the United States" was not binding on the administration.
Labor party aids Britain's Heath
LONDON The opposition Labor party joined Prime Minister Edward Heath
Tuesday in denouncing threats by Communists among British coal miners to en
courage mutiny by the armed forces andjo iise B coal strike to topple the govern-
"ment.
"We utterly repudiate any attempt by Communists or others to use the miners as a
political battering ram to bring about a general strike or to call on troops to disobey
lawful orders in the event of a strike," a Labor party statement said. "This is silly and
dangtrous nonsense."
iVlcGbvern sues illegal Nixon donors
HOUSTON Sen. George S. McGovern, D-S.D., Tuesday filed a $1.4 million
damage suit in federal court against eight firms he said made illegal donations to
Presidsnt Nixon's re-election campaign.
Arthur Grockman, an attorney for F.'.cGovern the Democratic nominee for Presi
dent in 1 S72 said the suit was filed in Houston because all of the firms do a substan
tial amount of business in the Houston area.
Seven of the eight firms already have pleaded guilty to making the illegal con
tributions and have paid fines of $3,CC3 to $5,C00 each.
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After signing the subpoena order. Ringer
recessed proceedings until Feb. 25.
The subpoena of President Nixon to
testify win be "respectfully declined" on
constitutional grounds. White House
officials indicated Tuesday.
The official White House reaction was to
withhold response until it had received a
copy of the California court order, handed
down Tuesday by Ringer.
But White House officials who declined to
be identified indicated the order would be
"respectfully declined" on constitutional
grounds presumably presidential privilege
under the separation of powers concept.
Before Ringer ruled favorably on a
motion by former presidential adviser John
D. Ehrlichman. one of those facing charges
in the Ellsberg burglary proceedings, the
White House had confirmed that Nixon's
lawyers refused Ehrlichman's request for the
President to testify voluntarily.
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Ringer's court order tantamount to a
subpoena of the President followed. In the
past, the White House has flatly opposed
efforts to get the President into court as a
witness.
Ringer said he would sign a certificate
ordering Nixon to testify Feb. 25 at a pre
trial hearing and also to appear at the
scheduled April 15 trial of Ehrlichman. G.
Gordon Liddy and David Young. All have
been indicted in connection with the
burglary of Ellsberg's psychiatrist's office by
a team of White House "plumbers" at the
time Ellsberg was under investigation for
allegedly stealing the Pentagon Papers on
the Vietnam War.
Ehrlichman is trying to prove he was
acting as an official of the federal
government, and he wants Nixon to testify in
his support.
This will be the first time in the history of
a state court" that the president of the United
States has been called to testify in a trial.
Ringer said.
But he indicated he did have some legal
basis for the decision to call Nixon citing
the early 19th Century treason trial of Aaron
Burr when the Supreme Court ordered
President Thomas Jefferson to turn over a
letter as evidence.
Daylight saving time
'not very effective'
Utilities and some big power users across
the country feel daylight saving time (DST)
has saved very little energy, a UPI survey in
dicated Tuesday.
Although year-round daylight saving has
been in effect only since early this month and
most spokesmen for utilities said it was too
early for any definitive conclusions, the
overwhelming majority estimated that
energy savings ranged in the area of 1 per
cent or less.
One spokesman. Grant Pendleton of Utah
Power and Light Co., said that in his opinion
"winter DST is not very effective, like that
cartoon of Nixon sewing one end of the
blanket onto the other to make it longer."
Pendleton said his firm did a study which
showed a decline of .3 of one per cent for
residential usage, .1 of one per cent for
commercial usage and .1 per cent for
industrial usage. Grant's blanket metaphor
was voiced in various forms by others.
"We know that more gasoline is being
used because more and more parents are
taking their children to school," said John
Grindle of the Fulton County school board
in Georgia.
In Chicago, Francis B. Cronin, director of
the Bureau of Plant Operation and
Maintenance of the Board of Education,
said, "At present we doubt there has been
any. significant savings. The kids are going .
home in daylight and coming to school in
the ' dawn. I would say we haven't
experienced apy saving in the use of energy."
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Ringer did not mention it, but President
James Monroe was summoned to testify
before an 18 1 8 court martial in Philadelphia.
He refused, but on the advice of Attorney
General William Wert, he submitted written
answers to questions sent to him.
Discussing Nixon's refusal to testify
voluntarily for his former chief domestic
affairs adviser, they said before making their
plea for subpoena they had little hope the
judge would grant it. While the decision uses
other legal terminology to describe the
order, lawyers said it is tantamount to a
subpoena.
At the White House, Warren earlier
confirmed Nixon's lawyers had rejected
Ehrlichman's bid for a voluntary Nixon
Impeachment brief promised
WASHINGTON Special counsel John
M. Doar told the House Judiciary
Committee Tuesday he would have
recommendations within a month on
possible impeachment charges against
President Nixon.
Doar also said he was prepared to ask the
White House for certain documents as soon
as the House votes subpoena powers for the
committee. The vote is expected early next
week.
Doar promised committee members in a
briefing that his staff would have ready by
Feb. 20 a legal brief with conclusions' on
what are impeachable offenses, and by
ecre
ervice
for A
new said illeea
WASHINGTON The comptroller
general has ruled President Nixon has no
legal authority to provide Secret Service
protection for former Vice President Spiro
T. Agnew. .
"There is no justification for such
continued taxpayer expense and this is only
arbitrary action of behalf of a convicted
felon," Comptroller General Elmer B. Staats
said in a letter to Rep. John Moss, D-Calif.,
that was released Tuesday.
Moss had decried various tax-funded
perquisites still enjoyed by the former vice
president during his Washington house
cleaning period as "a scandal" and asked
Staats office to investigate.
"In the absence of statutory authority for
the protection of the former vice president,
we conclude that the presidential directive to
the Secret Service requesting such protection
does not constitute legal authority to provide
it," Staats said in the letter.
On other complaints made by Moss about
Agnew, Staats said:
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appearance and said he did not know how
the White House might respond to any
subpoena.
"Any discussion of that would be sure
speculation and if there are any further
developments they will be dealt with by the
White House counsel's office as they arise,"
Warren said.
He confirmed a Los Angeles Times report
that Ehrlichman's lawyers had asked Nixon
to appear voluntarily for Ehrlichman's side
at the Feb. 25 pre-trial hearing.
Warren said James St. Clair, head of
Nixon's team of Watergate attorneys, told
Ehrlichman's attorney by telephone recently
he "would recommend against voluntary
appearance by the President."
1 a categorized report on impeachment
evidence gathered so far. He did not say w hat
material the committee might subpoena.
The dates cited by Doar were the first
offered for any substantive action by the
committee or its staff since it received
instructions last October to study possible
presidential impeachment.
Doar said his staff was "looking into a
number of areas, Watergate and its
aftermath, agency practices, intelligence
activities ordered by the President and
personal finances and other matters as well."
He said agency practices meant
"allegations involving misuse of government
agencies by the White House." One
use
He would await more information from
the White House before ruling on the legality
of paying from government funds the eight
staffers who are helping Agnew close out his
government affairs.
His investigation exonerated Agnew of
allegations he was traveling around the
country at government expense. Agnew
aides produced commercial air tickets to
refute the allegations.
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Richard M. Nixon
allegation against Nixon is that he instructed
the Internal Reenue Service to harass his
"enemies."
Chairman Peter F. Rodino Jr.. D-N.J.,
termed "unwise" a GOP proposal to attach
an April 30 cutoff date for the inquiry to a
resolution seeking subpoena power.
Rep. Edward Hutchinson. R-Mic.
ranking GOP member, said the date "simply
means that if the inquiry is not complete, the
committee can go before the House and
justify an extension."
Hutchinson, a defender of Nixon, said he
was not familiar with any evidence which
would justify impeachment. But he said
executive privilege would be inadequate
grounds for the President to withold
material from the impeachment inquiry.
If Nixon refused to comply with a letter
requesting material or a subpoena
demanding it. Hutchinson said. "I wouldn't
hold the President in contempt" but would
advise the White House "that I think
executive privilege must fall."
Doar has made it clear he would like to
avoid committee confrontations with the
White House and with special Watergate
prosecutor Leon Jaworski over information
they have.
Albert E. Jenner. chief GOP counsel for
the committee, said: "We are very hopeful
that we will be able to work out with
Jaworski a way to examine certain
documents without going to court."
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