The Leak in the Faucet
In: Challenge: the magazine of economic affairs, Band 8, Heft 9, S. 24-28
ISSN: 1558-1489
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In: Challenge: the magazine of economic affairs, Band 8, Heft 9, S. 24-28
ISSN: 1558-1489
In: The Economic Journal, Band 57, Heft 227, S. 373
In: U.S. news & world report, S. 52-53
ISSN: 0041-5537
In: U.S. news & world report, S. 23-24
ISSN: 0041-5537
In: U.S. news & world report, S. 26-27
ISSN: 0041-5537
Facsimile reprint of the copy in the Henry E. Huntington library, which has title: A profitable and necessarie booke of observations, for all those that are burned with the flame of gun powder,&c. and also for curing of wounds made with musket and caliuer shot . Last of all is adioined a short treatise, for the cure of lues venerea, by vnctions and other approoued waies of curing . By William Clowes . Imprinted at London by Edm. Bollifant, for Thomas Dawson. 1596. ; On spine: Book of medical observations. ; "Bibliographical note": p. xxi-xxii. ; Mode of access: Internet.
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The standard doctrine has been that where an interest may vest too remotely the entire interest is stricken down; and this destructiveness is multiplied by the all-or-nothing rule of Leake v. Robinson which declares that the invalidity of a gift to any member of a class invalidates the gifts of all other members. It is the thesis of this paper that the penalty for violation of the Rule--a penalty inflicted, not on the violator, but on his or her intended beneficiaries, usually minors or unborns--should be, not the invalidation of the future interest, but rather a tailoring of the interest on the principle of cy pres or approximation so that the general intention of the settlor or testator is carried out so far as possible within the limits of the Rule. Furthermore, I believe it is demonstrable that this thesis is gaining acceptance in the courts and the legislatures to the point where the time may be approaching when the enormous destructiveness of the Rule Against Perpetuities will be a thing of the past.
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In: Journalism quarterly, Band 31, Heft 1, S. 118-131
Suspension of publication of the major New York City dailies for a period of 11 days in early December because of an engravers strike resulted in controversy in several categories of journalism literature. Besides obvious interest in the results of the strike in the areas of labor relations and economics, debate developed over the action of related unions in making the strike mandatory by honoring the picket lines of the engravers union and the decision of the New York Herald Tribune in refraining from publishing although not a direct party to the strike action. Relations between the working press and the Eisenhower administration developed enough friction on at least two points to produce noteworthy articles of comment and criticism. Information "leaks" to favored correspondents were charged at a presidential press conference and defended as justified under some circumstances by the President. Even more partisan bickering developed as a result of Attorney-General Herbert Brownell's revelation about the handling of suspected security risks in the Truman administration. After a stormy presidential press conference at which some reporters failed to obtain all requested information on the affair, a New York Times poll of correspondents showed that a majority felt the administration, but not the President, was succumbing to "McCarthyism." Direct radio transcriptions of some presidential conferences were sanctioned and an "unofficial transcription" for newsmen was instituted during this quarter.
In: Public opinion quarterly: journal of the American Association for Public Opinion Research, Band 27, Heft 1, S. 3-8
ISSN: 0033-362X
An examination of how candidates use polls, where this trend is leading, & the implications of such use. Polls are most useful to candidates in providing: 'the key group breakdowns that dissect the pol'al anatomy of his constituency'; information re what the electorate thinks of the candidate as a public figure; & information re the manner in which the voters define the issues. It is predicted that 'the polltaker who is knowledgeable about pol will inevitably be invited to sit in on strategy meetings, mostly as a resource but also as a man of balanced judgment.' The contention is made that 'the day will not arrive when an army of polltakers will take over the pol'al machinery of this country.' Nor will the polltaker become anything but an objective researcher. The argument that favorable polls are frequently leaked so as to produce a bandwagon effect is countered by the fact that leaks of polls are the exception rather than the rule. Moreover, it is pointed out that 'long before polls were used, candidates tried to use whatever means they could to create such an effect.' Finally, it is suggested that 'if, in some small way, such polling can reduce the number of irresponsibles who achieve high office, if it can make a candidate face the issues of concern to his electorate, if it can make the voice of the people a little clearer & more articulate, if it can make democracy function somewhat better... then, indeed, there will be a higher purpose in polling.' I. Taviss.
Article in U.S. News and World Report based on excerpts from Hays' book A Southern Moderate Speaks ; Inside Story of Little Rock ."I had always regarded myself as serving the Governor's wishes . . . even though he and I did not see eye to eye regarding his use of troops" afternoon to spend a few days at the home of my father in Russellville, 75 miles west of Little Rock. We stopped at the town of Morrilton for dinner, and I tried to call the White House. I found the lines busy and was not able to get in touch with Sherman until 11 p. m., his time, after I had reached Russellville. My opening comment, "I'm afraid I got you out of bed," was confirmed, but he apparently was not upset. It was in this conversation that Sherman indicated that the idea of the President's inviting Faubus should give way to a request from the Governor, directed to the President, suggesting that a conference would be helpful. Early in the discussion, he emphasized that all of this was in response to my offer to be helpful and that the White House did not wish to be in an attitude of initiating anything. I gave him all necessary assurances on that point. Negotiations With the White House I spent Tuesday and Wednesday, September 10 and 11, at my father's home and was in constant telephone contact with the White House and the Governor's Mansion during that time. An enormous amount of time was spent in talking to Little Rock and Washington in negotiating the terms for the Newport meeting. Among other things, the exact language for the telegrams to be exchanged had to be agreed upon. True to their code, the telephone operators handled the calls in routine fashion but let drop indications of interest in the fact that some rather historic calls were coming over the little Russellville switchboard. On Tuesday I talked at least five times with the White House and about as many times with Governor Faubus. After Sherman indicated that I should help create the wording of the Governor's request for an audience with the President, I gave him some intimation of what the Governor should say and would say, and he commented here and there-reminding me that it was "my responsibility" and "my message" and that these were my overtures. I could understand his reason for being emphatic on that point, but he had some very clear ideas about what the telegram should and should not say. The Governor capitulated on language at practically every point, made a suggestion or two which Sherman said would not alter the Administration's approval of the idea in general, and finally it was agreed, when I read the draft of the request to Adams, that it would go in just that form. The Governor said he was satisfied with the wording, and I thought everything was in shape, until an hour after the telegram should have been sent. Then I had a call from W. J. Smith saying that we should change the first sentence. Before going into the nature of the change, I protested vigorously, and Bill said, "O. K., the telegram will go through as agreed on." He accepted my explanation that it would mean starting all over again, would undo two days' work, and would put me and the Governor both in an embarrassing position, since I had read the message to the White House and they had said, "If received in that form, the President would certainly grant a conference." I had always regarded myself as serving the Governor's wishes in this matter, even though he and I did not see eye to eye regarding his use of troops, and he had said when I left the Mansion on Monday, "This would be the greatest favor you ever did a Governor if you help us work it out." We reached several delicate points in the various stages of the developments which followed. In the first instance, my ability to carry out my role in the early negotiations depended on my success in keeping out of the newspapers. The Washington "Post," however, learned of what was taking place and let it leak out that they knew someone had been in touch with Sherman Adams-and he naturally did not like it one bit. He did not blame me, but he said that, if such leaks were repeated, obviously he could not go on with the step-by-step discussion of arrangements for a conference. I think I satisfied him that such minor breaks are inevitable. The reporters saw me go into the Mansion, and they could not help speculating on the significance of this, coupling it with the fact that Sherman and I had been friends for a long time. Another serious question concerned whether the Governor would accept a federal-court summons for a hearing scheduled on September 20 on a petition for a preliminary injunction against his and the Arkansas National Guard's obstructing integration. His acceptance of this summons on Tuesday relieved much of this tension and made my work more manageable. With Faubus expressing respect for the orderly processes of law, the Administration was more likely to be willing to negotiate. The next problem to arise concerned the wording of the telegram to be sent to the President. As agreed upon, it read, "I have accepted summons of the U. S. District Court, etc.," but the Governor's lawyer wanted it to read, "I have been served with summons." After it was made clear that I had given Sherman firm assurance, on Governor Faubus's authority, that the telegram in that exact form would be sent, he withdrew his objections. It seemed a very minor point to me, since the Governor did actually accept the summons. How Faubus Would Use Troops On Wednesday, Sherman and I talked a little about the basis for a discussion, while we worked out final details of the message exchange. We needed to have some clear idea of the use of military force by the Governor, when it should cease, and how it could be used to enforce the court orders, not to obstruct those orders. While I was unable to clarify any of these points, I could say that Faubus was prepared to go along fully and was eager to get the meeting behind us. After several talks during the day, Adams said to me, "You have rendered a great public service and I have only praise for your work." All along in these telephone conversations, however, I was conscious of not being in the circle of political advisers for either of the principals. This was not really a handicap. The only stage in the proceedings at which I had reason to feel that advisers were unduly hampering steps for the conference was at the time of sending the telegram. It was therefore a source of great personal satisfaction to help bridge the gap between the federal and State governments. It was good that there was only one occasion on which anyone other than the Governor himself was a party to negotiations at the Little Rock end of the line. It was at this stage that I gave Sherman the Governor's private unlisted telephone number, since I feared there might be a mishap resulting from the indirect conversations. When Governor Faubus agreed to indicate his respect for the courts in his message to the President, I felt we had the basis for a productive conference. The Governor seemed anxious for a truce, such as integration beginning by mid-term after the situation had settled down. He also seemed to think 122 U. S. NEWS & WORLD REPORT, March 23, 1959
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