arter pledges cooperation
ith Congress; leaders leery
Associated Press
! WASHINGTON — President-
dect Jimmy Carter is contacting the
Democratic leaders of Congress with
Overtures of partnership and cooper
ation, but none of them can say yet
how easy that will be to achieve or
what programs it will produce.
■ Carter telephoned leaders includ-
Hng prospective House Speaker
: Thomas P. O Neill as his victory over
esident Ford became clear early
esterday and told some of them he
Jants to meet with them soon on
forking with Congress.
“There is no question but what
[lere will be a period of cooperation
nd partnership, ’ retiring Senate
Democratic Leader Mike Mansfield
said last night. “How long it will last I
don’t know. ”
I While Carter was beating Ford,
democrats were keeping their 62-38
»~more, donljcontrol of the Senate and possibly
increasing their 290-145 House con-
——-Srol closer to the 295-140
■femocrat-controlled House that
ike in pricevjhelped push through President
,yndon B. Johnson’s Great Society
importancfland war-on-poverty programs in the
iii' to I mid-1960s.
lie
lity
t in But Democratic leaders yesterday
1 |brushed aside the question of how
Expansive a program the Democratic
President and Democratic Congress
lean enact, pointing out that they ha
ven’t even met on the subject yet.
■ An aide to O’Neill said Carter
telephoned early yesterday and told
Hie House Democratic leader, “Tip,
j’m six votes from being elected
Iresident. . . and TH be wanting to
Intel Kitkoski,!
i its, in addition I
tiers, are wel l
s submitted li|
uld he:
meet with you on working with the
Congress.”
The aide said O’Neill has been tel
ling people that Carter’s victory will
mean the days of veto battles are
over and Congress’ leaders can
cooperate with a President “who will
work with us because we know
which programs will work and which
won’t.”
But that pointed to what could be
come an obstacle to Democratic un
ity, the problem of working out who
is going to listen to whom.
Democrats were reluctant to talk
about that ticklish subject but some
Republicans were happy to.
“My impression is that Jimmy
Carter is going to run things,” said
Rep. Barber Conable of New York,
chairman of the House Republican
Policy Committee. “I think he’s a
very tough bird and I don’t think the
Democratic leaders will be able to
stand up to him.”
Conable said he also thinks Dem
ocrats are going to have to make hard
decisions on federal spending, Social
Security financing, welfare and
other issues that might have voters
voting more strongly Republican in
the next election.
Tuesday’s elections struck no seri
ous blow to the Democrats’ power
structure in either the House or Se
nate but retirements had already set
up races for the top leadership po
sitions in both bodies.
O’Neill is unopposed so far to be
House speaker and Senate Demo
cratic Whip Robert C. Byrd appears
likely to step up to the job of Senate
Democratic leader.
Court says personal liberty
factor in mental patient cases
THE BATTALION Page 3
THURSDAY, NOVEMBER 4, 1976
ALL YOU CAN EAT
$1"
Associated Press
AUSTIN — Personal liberty is too
precious to commit a person to a
mental hospital indefinitely without
proving “beyond a reasonable
doubt” that that is where he belongs,
the 3rd Court of Civil Appeals ruled
yesterday.
This “question of major impor
tance in Texas” arose when Dan
Turner appealed his indefinite
commitment to the Austin State
Hospital.
Turner, the appeals court said,
had been diagnosed as suffering from
paranoid schizophrenia and had
been in and out of mental institu
tions many times.
After Turner had been observed
for 60 days at the Austin hospital
under a temporaiy order, the state
alleged that he was mentally ill and
needed to be committed to a mental
hospital indefinitely “for his own
welfare and protection of others. ”
In his charge to the jury. County
Judge Mike Renfro said the state had
to prove its contentions by “clear and
convincing” evidence.
Turner’s lawyer objected that the
state had the burden of proving
eachelement necessaiy for commit
ment “beyond a reasonable doubt. ”
Associate Justice Bob Shannon
noted that some out-of-state cases
had held that in an indefinite com
mitment the state “has the burden to
prove the necessary elements by
‘clear, unequivocal, and convincing’
evidence.
The appeals court reversed the
judgment commiting Turner and re
turned the case to the county court
for a new trial.
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