November 7, 1973

Cost of Living Council on Nov 6 proposes to allow increases in health care bills over coming yr that will cost consumers about $5-billion annually; most important increases will be permitted in hosp bills, which will be allowed to rise avg of 9% and drs' fees, which could go up 4%; council officials emphasize that such percentages are only averages and that there might be wide variations nationally, depending on geography, type of inst and specialty practice of individual dr; drs, dentists and other health practitioners will be limited to 4% total increase, but no fee over $10 can be raised more than $1 in single yr; nursing homes will be allowed annual increase, while large health maintenance orgns will be allowed increases 'consistent with Phase 4 controls on hosps and practitioners'; regulations to go into effect Jan 1; council Health Indus Advisory Com chmn J D Hodgson comments; J A McMahon, pres of Amer Hosp Assn, attacks proposed regulations; says assn will file response with council and raises possibility that it will file lawsuit to prevent regulations from going into effect; AMA exec vp Dr E B Howard says he expects 'mixed reaction' from drs; J D Twiname, dir of council's com on health, comments

Robert L. Vesco, the fugitive financier, was arrested in Nassau, the Bahamas, yesterday on a United States request for his extradition on fraud charges. Page 32.

Prof C Wright, Nixon's legal strategist in battle for control of White House tapes, says he learned of 2 non-existent White House tapes from his secretary Nov 6, telephone int; raises possibility that other tapes might be nonexistent; says he remembers hearing reference to nonexistent tape on Oct 25 at White House meeting with other attys but assumed at time reference was to tape involved in another case being discussed and thus irrelevant to his case; Wright is wondering about his reputation as he went to White House last summer with natl reputation in legal community as 1 of US's best const scholars and was considered impeccably professional and honest; now in minds of many he is atty who told Judge Sirica on Oct 23 that Nixon would comply 'in all respects' with subpoena for tapes--leaving clear impression that tapes of all 9 conversations specified in subpoena would be turned over--when Pres already knew or strongly suspected that 2 of conversations had not been recorded; says he does not know whether 2 disputed conversations were ever recorded but that he is willing to accept White House statement that they were not; says rumors that he quit White House team either in huff or in disillusionment are not true; says he is out of case because his own specific task is finished--he was called in to make const arguments and that he did; concedes he is not entirely happy with outcome of case; says he is 'not happy' about 'uproar' caused by latest disclosures on alleged nonexistence of tapes and is unclear as to what facts are; some outsiders say if Wright was not informed of tapes' nonexistence then, in effect, he was deceived by his client; Canon of Ethics governing attys on this point noted; illus

Former Atty Gen Richardson says on Nov 6 that Pres Nixon should agree to drop all claims of exec privilege in wide-ranging investigation of Watergate scandals, testimony, Sen Judiciary Com; says Sen W Saxbe's confirmation as Atty Gen should be held up until Pros makes solid agreement on exec privilege; Richardson stresses that major problems during Cox's tenure were lack of personal Pres commitment to terms of charter for job that was worked out with com; says charter did not and could not purport to guarantee access to Pres memos and notes; says he thought that Pres's May 22 statement waiving privilege in testimony from White House aides on Watergate matters covered ground; Richardson is generally praised by com for having carried out his duties well and his commitment to Sen; agrees generally with position of many Repubs in Sen and of Bork that naming of ct-apptd special prosecutor might be unconst; says he would prefer to have naming left with Pres but subject to Sen confirmation; says sometime in Sept or early Oct he met with Nixon to discuss problems surrounding then-Vice Pres Agnew and at close of meeting Nixon said something about getting rid of Cox; says there is some question about constitutionality of Nixon's arrangement whereby if Nixon wants to dismiss L Jaworski, he will 1st consult 8 Cong leaders, 6 of whom would have to agree

Assoc Judge C D Breitel, almost unanimous choice of NYS legal establishment, takes comfortable lead on Nov 6 in election for NYS Appeals Ct Chief Judge; Breitel, Repub-Liberal candidate, leads Dem nominee J D Fuchsberg, Manhattan lawyer who pictured himself in massive ad campaign as opponent of judicial 'status quo,' and Justice J J Leff, Dem running on Conservative party line; returns from 7,331 of 13,408 election dists gives Breitel 1,073,835, Fuchsberg 921,247, and Leff 106,171; Fuchsberg declares that 'The Establishment controls the opinion-making channels here' as he studies NYC returns showing him with 55% of total, far less than commanding figure he had counted on; Bklyn's failure to provide massive margin for Fuchsberg gives particular cheer to Breitel campaign aides; post of Chief Judge has been one of some obscurity to public but '73 race drew considerable attention because of large amt of money spent on campaign, with about 75% of going toward ad; Fuchsberg has already admitted spending $563,000 in primary and gen election campaigns and Breitel $441,000 in his gen election race; campaign revd