March 9, 1971

NYS Assembly, 107‐33, approves legis repealing ban on sale of alcoholic beverages on primary and election days

Sup Ct rules, 8‐to‐1, that young men are not entitled to draft exemptions as conscientious objectors if they object to Vietnam war as 'unjust war' and do not oppose all wars; Justice Marshall writes majority opinion; Justice Douglas is lone dissenter; Ct rules on 2 cases involving G P Gillette and L A Negre; details on cases and Ct action; Justice Dept says 'quite a few' indictments against men who have refused induction as selective conscientious objectors will now be issued

Beame proposes transfer of $25‐million of school personnel expenses into '72 budget to avoid crisis, news conf; says money to meet postponed expenses might be available in future from Fed revenue sharing, increased state aid and more tax receipts; his staff begins probe of city's books; Educ Bd officials lower estimate of deficit to $36.2‐million but note Beame's proposal will still leave bd $11‐million short, necessitating some cuts; Lindsay criticizes proposal saying it will not correct bd's over‐spending which produced crisis; Community School Dist 7, S Bronx, announces its grade schools and jr hss will close while delegation of parents, children and teachers march on Albany to protest cuts; coalition officials work with police officials on details for mass march on City Hall; Seldon to meet with Bergtraum

Sup Ct, 8‐0, rules employers cannot use job tests that screen out Negroes without realistically measuring qualifications to perform job; decision, which sharply curtails employers' discretion to use tests in hiring and promotions, is Ct's 1st interpretation of provision declaring it is not illegal to use 'professionally developed' ability tests provided they do not discriminate against certain groups; case grew out of complaint by group of black workers at Duke Power Co (NC) who were required to pass hs equivalency exam for promotion; co held purpose of test was to upgrade quality of work force; all blacks failed; lower ct held test was valid; Chief Justice Burger, in opinion reversing ruling, holds any employment practice which operates to exclude Negroes is prohibited if practice cannot be shown to relate to job performance; NAACP Legal Defense and Educ Fund chief counsel Greenberg argued case for blacks

Chief Justice Sidiqui, complying with Mujibur call for wk‐long strike in Govt offices and cts, refuses to swear in Gen T Khan as new mil gov of E Pakistan; many foreign residents start leaving east in fear of widespread violence; student groups prepare bombs and other weapons as part of program to oppose martial law; reptdly are satisfied with Mujibur's plan of resistance to mil authorities, including strikes at schools and refusal to pay taxes