The daily collegian. (University Park, Pa.) 1940-current, May 09, 1979, Image 5

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    dismissal of Taiwan
:treaty suit requested
WASHINGTON (UPI) —'• In a rare
court appearance, Attorney General
Griffin Bell asked a federal judge
yesterday to dismiss a legal suit
challenging President Carter's decision
to end America's mutual defense treaty
&jith Taiwan.
Bell said the president has sole
authority to end treaties and described
as a "political question" the lawsuit by
Sen. Barry Goldwater, R-Ariz., and
other conservatives contesting the ac- -
tion on constitutional grounds.
The lawsuit seeks a ruling overturning
Carter's action and requiring Senate or
congressional approval for any similar
moves in the future.
Goldwater told reporters outside- the
courthouse .following the 90-minute
hearing that he considers the case the
~,rpost 'important constitutional test of a
Tresident's powers in 200 years.
The case is sensitive because when
Carter opened diplomatic relations with
China, he promised Peking he would end
the defense treaty with Taiwan.
Justice Department lawyer David
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Anderson told U.S. District Judge Oliver
Gasch that if Goldwater wins his
challenge, there is "a serious possibility
that the Peoples Republic of China would
recall its ambassador and close its
embassy."
-"This is a case where the .United
States should speak with a single voice
the president's," Anderson said.
Bell, in brief remarks at the outset of
the hearing, said he decided to appear
for the government in part because
"Senator Goldwater chose to appear."
He noted that the Taiwan treaty
"provided it could be dissolved."
Gasch asked Bell: "Why shouldn't
there by consultation at this stage? You
have to have consultation in order to
approve a treaty."
Goldwater lawyer Paul Kamenar said
"there is some serious doubt" on
whether breaking off the defense treaty
with Taiwan was necessary for im
proved relations with Peking. He said
Carter is essentially asking the court to
"sidestep the merits of the question" by
seeking dismissal of the suit.
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WE RESERVE THE RIGHT TO LIMIT QUANTITIES
RETAILS IN THIS AD EFFECTIVE THRU SATURDAY. MAY 12. 1979
Attorney General Griffin Bell (left) and Sen. Barry Goldwater, R-Ariz., shook
hands as they left the U.S. Federal Court yesterday, where Bell defended,
against a suit started by Goldwater, the legality of Pres. Carter's decision to
dui the U.S. mutual defense treaty with Taiwan.
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Shah supporters executed
TEHRAN, Iran (UPI)
Revolutionary firing squads yesterday
killed 21 persons, including three former
members of the shah's government, in a
mass execution seen by politicians as an
answer to the assassination of one of
Ayatollah Ruhollah Khomeini's top
aides.
The Kayhan newspaper hailed the
killings, saying "revolutionary courts
consolidate the gains of the revolution"
and lashed out at "poisonous imperialist
propaganda" likening the courts to those
which existed in the Middle Ages.
It was the biggest mass execution
since Khomeini came to power in
February. It brought to nearly 200 the
number who have died before
revolutionary firing squads since then,
and the government appealed for help
yesterday in tracking down 18 other
former officials.
Political sources said the summary
sentences were intended to show op
ponents of Khomeini and the Islamic
trials that the murder of Morteza
Motaheri had not shaken the
revolutionaries' resolve. Motaheri, who
was closely involved with the secretive
Islamic Revolutionary Council, was
largely responsible for the trials.
Among those executed at dawn
yesterday after a day-long trial Monday
were Javad Saied, 57, a Paris-educated
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The Daily Collegian Wednesday, May 9, 1979-
ear, nose and throat specialist who was
the last speaker of the Majlis
(parliament).
The other two governMent leaders
shot in Tehran's Qasr prison were Dr.
Mohammed Reza Ameli-Tehrani, 52,
minister in 'the cabinets of Premiers
Jaafar Sharif-Emami and Gen. Gholam
Reza Azhari, and Gholam Reza Kian
pour, 50.
Tehran Radio said all 21 men were
found guilty of committing the Koranic
sins of "spreading corruption on earth,
battling against God, insulting Nayeb-
Imam (Khomeini) and participation in
the massacre of the people."
It was the first time in recent weeks
that Tehran's Central Revolutionary
Court had awarded the death penalty for
alleged insults to Khomeini.
Others executed were Brig. Gen. AR
Fa thi-Amin, an armored brigade
commander who was accused of killing
protesters against the shah in Tehran,
Col. Hossein Ferdows-Makan, former
national police commander convicted on
similar charges, seven army and police
majors, and other officers and men
accused of torture of prisoners.
No women have been tried by any of
the major Islamic courts, although some
have been flogged in village courts for
moral offenses such as adultery and
promiscuous behavior.
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