Part 4, pages 91-120, 1981-1983

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‘Corning opposed Robes
appearance in 1947

‘By David Brown qin grag
Stat Writer ‘
|’ In 1947 Albany Mayot Erastus Corning

“make @ decision about use of a public facility for a
“controversial affair.” Pe

il had to

™ —-«

- PAUL ROBESON
. in 1947

right to

' story sald that day. .« '

chiis philosophy. At that time I was just

‘In 1947, artist, scholar, civil rights champion and
Communist sympathizer Paul Robeson. was sched-

uled to sing at Philip Livingston Junior High School in

Albany. The planned concert caused an uproar

among Albany citizens because of Robeson's Com- |

munist background, ‘ ’ Pi

Corning decided to oppose Robeson's appear-—

ance,defending his stand by arguing that school
buildings sHould not be used for “controversial
affairs,’ according to a May 7, 1947, newspaper
article.

Corning urged the Board of Education, which at’
that time he appointed, to cancel the concert, citing
Robeson’s Communist background, a Times Union

\ The concert was cancelled, though State Supreme
Court Justice Isadore Bookstein later ordered that
Robeson be allowed to sing, (he was, however,

© prohibited from making a speech.)

Kevin Roberts, a radio announcef who came upon .
the irony while researching @ program on Robeson °
. ‘for WRPI-FM, said of the two cases, “It is (a)

: strange coincidence, given ‘the events of recent
weeks, that Paul Robeson was one of the earliest and »
most outspoken critics of South African apartheid)’.

Thursday, Corning said he didn't think “it ls aclear
comparison” to contrast the two incidents, but’
added:

“That was 34 years ago and a person has a perfect

Harvey said Thursday that he does not believe the

back fromvar for less than two years and you
Would hayvok at the whole thing in the context of

that time.
pstenag two, situations differ because

“presumasat (Robeson’s concert) was a concert:
4nd speechinst the United States, this other (the °

rugby ma(was not.”
Arthur Fey, who still practices law in Albany,
: @t the tinplled Corning’s action “a slur on the

4wo cases are similar.

“Here you're dealing with a foreign power,’
, Harvey sald, referring to the Springbok team. “He
(Robeson) was an individual who had a right to be
here, he was an Anlerican citizen. It's different
because any American has a right {o voice his opinior
whether good or bad.”

Roberts said he is researching Robeson’s life for a

’ special three-hour radio broadcast scheduled from #

Nefiro peo as a whole,”

ene RAN

to 11 p.m. Sunday on WRPI FM

ciated eateenicenehineapenses

SPRINCBOKS TOUR
BLEEKER STADIUM
SEPTEMBER 22 —

Springboks vs. Colonials
7:00 p.m.
Presidents XV vs. Upstate XV
5:00 p.m.

Tickets $5.00 through Lecal Rughy Clut or call 370-2744

IS

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9/18/8/

Corning

irritated 74
by Carey
ov cit Lee Jr. ; | ,

_Corning embarrassed by Carey
Continued trom Page 1 Pe

Reagan easily won the state. A Corning- closely is patronage, the glue which

slate of convention deleg t
was the only regular slate to survive the rg any political organization togeth-

McGovern primary landslide of 1972.

nor. They have worked hand in hand
together for years."

One area in which they have worked

Gov. Hugh L. Carey publicly embar- With f
assed “the best mayor in the state” ome years ago Carey benefited Carey's ‘peuaeet bae John 4. Burm,
— County anger’ : ohn keaueen Albany said iast spring, “We would not ia
defeated party- ’ appoint

Erastus Corning 11, mayor of Albany
9p 1941 whom the governor referred
‘to only last month as ‘‘my mayor"’ and
“the best mayor in the state," learned
Thursday that Carey had, in effect,
canceled the Springbok rugby match
scheduled next week at Bleecker Stadi-

"Carey did it without consulting Corn-
ing, who has consistently defended the
players’ ‘constitutional’ right to use
the stadium. Corning, who called his
position a difficult one, had held firm —
even when leaders of virtually every

Capitaland religion including, Corning
said “my own bishop.”’ and dozens of, in

his words, “people | respect’ said he
was wrong.

Tight-lipped and visibly irritated as
he conducted a noon press conference
in his city hall office, Corning's re-
sponses to questions were short and
sharp.

“My feelings are own personal
' business,” ‘and have nothing
to do with Situation.”

ing — as such local politi-
yas as state Sen. Howard Nolan and
ormer Albany County Sheriff John
McNully well know —is the preeminent
power in county politics, a force that
‘ the politically troubled Carey can ill
afford to trifle with as he enters the 1962
election year.
The governor needs the mayor more
“than the mayor needs the governor,"
said ‘an aide to Carey Thursday after-
noon. “He is extremely important in
_ both the primary and general election."
“That Corning is in a position to
deliver votes is a matter of history.

Ms Lust fall, for instance. he carried

See CORNING, Page 7

a ae a

backed Howard Samuels in a primary
and in 1978 Corning backed Carey even
oo hein Sen. Jeremiah
Sioom, a long-time Corni
in the race. oe
Thursday, Corning said C. "S$ ac-
Gon “will not affect our relationship."
That relationship was characterized
by individuals close to Corning as
“friendly,”’ and “very good."' Assem-
blyman Richard J. Conners of Albany
said that while the mayor‘has a long
memory," he “doesn't carry a
Sentiment was echoed Al-
bany County Legislature Maree

Leader Richard J. Meyers, who said ©

“I've never seen the mayor stay mad at
anyone.

“They have a very good relation-

ship,” said Meyers. “The mayor is the _

mavor and the governor is the gover-

¢

someone (fo a job) that we knew
mayor didn’t want."’ ™

State Democratic Chairman Domini
Baranello, who could could not be
contacted Thursday, at that time
termed Corning “the dean of Demo-
cratic state politicians," particuarly in
the area of patronage. a

How many jobs Corning has deliv-
ered since Carey took office in January

1975 could only be estimated by Burns.
“ie cuuld be hundreds of der ns
year,’’ he said. “It could be thousands
[ — during the Carey administra-

Corning’s position as Democratic
county chairman in the state capital
and his ability to deliver votes was cited
by both men as the principal source of
his influence with Carey.

But Thursday, Corning was clear!
irked with the governor.

Ru gby

Su pporters

plan appeal

@ The rugby cure. See Ralph Martin
column, Page +A
® Chronology of a controversy. Page
4A
@ Carey action may take the heat off
Corning. Page +a
By SUSAN SCHULMAN
Knickerbocker News Regorter

The South African rugby team and
organizers of its controversial U.S. tour
are considering canceling the tour in
the face of mounting opposition, a
Chicago newspaper reported today.

Erastus Corning I, the South African
Springboks have been banned from
playing Tuesday at Bleecker Stadium
— and the decision has sparked imme-
diate and sometimes sharp responses

1 tee ont er AL NBL ISTO IAT LAS DAU LAL SED SOA NEMESIS RIN A et BSA ION SA SASL gt BE OTE

P\ bem Kivohanle edgar Vane A\\Shea

.- Cor? action expected

from those for and against the game.

Supporters of the Springboks’ right to
play in Albany were expected to appear
in federal court today to ask that the
game be permitted at Bleecker Stadi-
um as scheduled.

The action will be filed by the Eastern
Rugby Union (ERU), with the New
York Civil Liberties Union filing a
friend of the court brief, Sarah Birn, the
NYCLU's associate legislative direc-
tor, said Thursday night. Ms. Birn said
the legal ection will name Carey and
Corning as defendants.

“You cannot make use of city facili-
ties based on a political litmus test, and
the rugby game has clearly become a
controversial political issue,” she said.

The ERW's leader said the game stil!
would be played Tuesday at an alter-
nate site if necessary.

A group of rugby players, most with

Continued on Page 7-A

team may

sik and jal ee wa" Bam * ‘Rho ie

Springboks may halt
tour of the U.S. ...

the Schenectady Reds, demonstrated in
front of the Governor's Mansion Thurs-
day night, charging Carey with violat-
ing their rights by bending to pressure
from outside groups.

Opponents of the game, who say the
Springboks are a symbol of South
Africa's apartheid policy of racial
segregation, said Thursday night that
they would continue their efforts until
the entire Springboks tour is canceled.

A national demonstration, which or-
Zanizers said would bring up to 15,000
‘protesters to Albany, has been can-

‘reled.

.., But the protest organizers from the
New York City-based Stop the Aparth-
eid Rugby Tour coalition say the
protest is only on standby. SART will
‘Tind out where the Springboks game
‘il be held and will mobilize the
protest for that site

_ The Capital District Committee
Against Apartheid, a local group in-
Volved in the national demonstration,
‘Will join the major demonstration
wherever it is held. For those who will
‘be unable to attend the national rally,
‘the Capital District committee an-
hdunced Thursday night that it would
‘hold a “victory and solidarity" rally at
5 p.m. Tuesday on the steps of the state
Capitol.
“Carey told Corning Thursday morn-
thg that the demonstration planned for
Swinburne Park at the same time the
Springboks played ai adjacent Bleeck-
er Stadium could turn into a “riot.”
Local police would not be adequate to
insure public safety, and calling in state
police and the National Guard
aggravate a volatile situation. The
game, Carey said. should be canceled.
.,orning said he didn't agree with
ferey's decision, that he still betieved
Springboks have a constitutional
Hight to play in Albany, but the mayor
‘faid he accepted the governor's state-
ment as a prohibition against having
the game in Albany.
Corning notified ERU President
0 Selfridge that the Springboks
fauldn't play at Bleecker Stadium, and
(arey’s press office notified the media
the game was off

Reaction to the moves by Carey and
Corning were immediate and some-
times sharp.

Selfridge said he was “shocked” by
Carey's position, and charged the
governor's action was politically moti-
vated.

“In the polls, Carey is not running too
well,” Selfridge said. “Maybe he felt
here is a good issue to hang onto and
help sorneboby — maybe himself."’

Selfridge said if Carey was concerned
about violence erupting Tuesday, he
should have taken action against the
demonstrators, not the rugby team.

Carey's legal advisers responded the
rubgy game was the seed of the
potentially violent demonstration.

Selfridge repeated he doesn't believe
politics should be mixed with sports.
The Springboks were invited to Albany.
he said, in an attempt to enhance the
level of rugby in the United States.

The South Africans have a first-rate
team, he said, and the Eastern Rugby
Union's all-star team would benefit
from the experience of the match.

The ERU preside said alternate

sites for the Albany game have alrdady..

been contracted. While he wouldn't
reveal the sites, Selfridge said: Tues-
day's game would be played. He ¢aid he
still wanted to have the match played at
Bleecker Stadium, but the ERU will not
seek to hold the Albany game at
another municipal site. ° *

Selfr also said he would like to
the hold game in New York state
because of “ils central location in

f tes with Coming

Selfridge later met to
get a clarification of whether Carey had
banned the from New York
state or just the city.

Carey's press aides said the prohibi-
tion affects municipal and private sites
in Albany.

dl
Rnicterbocker Haews/? red McKinney

DISCUSSING RUGBY? — Albany Mayor Erastus Corning ti, right,
appears to be discussing the rugby situation with Assembiyman Richard
Conners, D-Albany. The two saw each other Thursday morning, soon efter
Corning tearned that next Tuesday's game was off. The two were at the
dedication of a recreation trail at the Erastus Corning ti Rivertront Park.

geives from the violence Carey referred
to in his statement saying the game
whould be canceled.

“It is the ruthless violence of the
apartheid system which is maintained
and perpetuated by violence that we
are protesting,’ said William Robin-
son, a SART spokesman who came to

Albany to help organize the plannéd —

national! protest.

Carey received an oral report from
state police Wednesday suggesting the
Connecticut branch of the Ku Klux Klan
and the Workers Communist Party of
New York City — two groups that have
clashed in the past — would attend the
rally.

A written copy of the report is not
being made public because, state offi-
cials say, it includes classified security
information. ey

Carey aide Robert Morgado told
reporters the state police believed
hundreds of additional police would be
needed at the demonstration to supple-
ment the Albany police force.

SART leader Richard Lapchick said
his organization expects to learn the

new location of any Albany game, as
well any in Rochester, from
persons within rugby organizations who
oppose the Springboks tour. He said
rugby players from Boston and New
York who oppose the tour are expected
at the national anti-apartheid rally

It has not been decided, he said, if the
national protest will be heid at the any
site the Albany game is moved to or the
site of the Rechester game. Selfridge
has not disclosed the location of the
Rochester game, canceled earlier this
month for security reasons.

The protest organizers were joined by
members of Albany's black and reli-
gious comumunities Thursday in hailing
cancellation of Tuesday's game.

Clara Satterfield, president of Al-
bany's branch of the National Associa-
tion for the Advancement of Colored
People, described herself as ‘very
happy" the match is not going to be
played in Albany. The same words were
used by the Rev. Joyce Giles, executive
director of the Capital Area Council of
Churches, which had taken a strong
stand against the match.

t

t
\

IEACTING — Albany Mayor Erastus Corning 1, right,
appears deep in conversation Thursday morning with
Assemblyman Richard Conners, D-Albany, left, and
Nibany Gommon Council.eresidemt nominee Thomas

% 0 eA
ke Maik 2
Statt photo by Fred McKinney

* «ft; # * i : ; Oe
~

learned of Gov. Hugh L. Carey's statement that the
South African Springboks rugby team should not play
in Albany's Bleecker Stadium. The three men were at
<the dedication of a recreation trail at the Erastus .

Whaien. The conversation came shortly after Corning Co ning Riverfront Park in Albany.

VO
How Carey ¢4mé'‘to act
Swayed by protest buildup

By Fredric U. Dicker

Cami! Bureau

The news events of Thursday had
their start on the other side of the
world, in inconspicuous wire service
stories from New Zealand.

The Springboks, a South African
rugby team on a world tour, were
encountering demonstrations and even
riots because of South Africa's racial
policies.

Months earlier, Tom Selfridge, a
Scotia businessman with a love of
rugby, had arranged to bring the
Springboks to Albany, to play an all-
star team chosen from among the best
rugby players in the Northeast. In
February, a local rugby official made

initial inquiries about the use of Al-
bany's Bleecker Stadium. The matter
was strictly routine. By Thursday, what
had started out as a few stories from
the other side of the world and a simple
request to use a city facility had
become a huge controversy. It had
pitted the flamboyant governor of New
York and the veteran mayor of Albany,
“eyeball to eyeball,” as one official
said. And the mayor appears to have
blinked first.

“If I'm here $0 years," Carey had
said during the summer, when first
asked about Corning’s refusal to with-
draw the stadium permit that had been
issued so routinely last winter, “you

See CAREY, Page 7

a

Carey decision reached
after state help sought

Comtinued trom Page 1

won't hear me make a public recom.
mendation to the mayor.”

Tuesday, the governor was saying
something entirely different:

“I don't think the team should be
playing anywhere in the United States.
and that includes Albany,"’ the gover-
nor insisted

Carey said his view was based on his
strong moral objections to the South

rican system of furced racial sepera-

on, known as apartheid.

What happened to change the gover-
or's position between Aug. 2] and this
week”

Carey did not to stay in Albany
Thursday to explain his dramatic ac-
tions, which forced cancellation of the
rugby match. He helicoptered to New
York City

But interviews with some of his key
aides, two of whom said they were

surprised by Carey’s decision to halt.

the match, attributed the governor’s
action to two factors.

The first was his objection to aparth-
cid, which made the Spritgboks’ ap-
pearance in Albany a matter of interna-
tional news.

The governor, told of the growing
objections from blacks and organized
religious groups which did not want the
Springboks to play in New York, came
to feel that holding the game in Albany
would be politically unwise.

“How would it have looked nationally
if a generally liberal Democratic gover-
nor allowed this to go on?" one of the
aides observed.

However, Carey still felt the question
was a local matter, principally the
concern of the man he regularly calls

‘pails Pe em a. .

“my mayor,” said the aides.

But all that Tuesday after
Carey learned that Corning wanted the
state to help out with State Police or
National Guardsmen in order to contro!
the crowds of thousands of demonstra-
tors expected to stream to Albany to
oppose, or support, the presence of the
South Africans.

“It was at that point that Carey had a
piece of the decision-making process
and it was from then on that he decided
he would act in @ way he thought was
best,’' said one of the governor's senior
aides, who asked not to be identified.

Carey ordered the State Police to
prepare an intelligence report on the
possibility of violence, and the report
was handed to him Wednesday.

It concluded that serious violence
could break out if the rugby match was
held because contingents of Ku Klux
Kiansmen, and members of the Com.
munist Workers Party, were expected
to be among the demonstrators.

Klansmen and party members had
clashed violently in the past.

Based on the report, Carey decided
Wednesday that if the rugby match was
to be held he would have to order
hundreds of State Police and/or Nation-
al Guardsmen to the scene.

For now, Carey has emerged the
winner in a rare confrontation with
Corning, one of the state’s most power-
ful Democratic leaders.

And many of Carey's senior aides
believe that Carey will be a winner in
the eyes of the public as well.

“We're alf elated around here. We
feel the governor has done the right
thing and he'll be recognized for that,’
one of the aides observed.

4 ; i «4
Bo. a i

' Preto by te Johannesburg
eer ON THE VELDT —- The South Africa Springboks at practice.

Governor’s action on maten
may take heat off Corning

By E.J. MeMAHON Jr.
Knickerbocker Mews Remerter

Mounting protests and reports that violence
might greet the South African rugby tearm if it
played in Albany’s Bleecker Stadium ultimately put
Gov. Hugh L. Carey and Mayor Erastus Corning !!
on opposite sides of that hot issue.

But while Carey's decision to effectively cancel
the match — based on unspecified legal powers —
effectively overrode the mayor, it seemed designed
not to put Corning on the spot.

Intentionally or not, Carey relieved Corning of a
potentially heavy political burden in a mayoral

The governor, probably realizing Corning would
not back down, did not ‘directly’ ask him to cancel
the match, according to both the mayor and Carey's
press aides - although the governor had said only
two days earlier he was considering just such a
request. Corning said he would have refused to
cancel the match.

Instead, Carey released a statement Thursday
reviewing the possibility of violence erupting at a
planned protest march and concluded: “ According-
ly, | have advised Albany Mayor Erastus Corning
that. . . I have determined the match should not
be played.”

That, said Corning, was tantamount to a uni-
lateral decision by the governor to cancel the game.

“Tt was 100 percent his decision,"’ the mayor said.

“We're dealing with semantics,” Carey press
aide Ron Tarwater said Thursday when pressed to
explain exactly what the governor did, The bottom
line is the game will not be played.”

And the end result, politically, is no embarrassing
rift between the governor of New York and the
mayor of its capital city, who have been conspicu-
ous allies ever since Carey ran in the 1974
gubernatorial primary.

The furor over the match had been mounting
steadily for a month when Corning contacted Carey
Monday to, in the mayor's words, ‘alert him to the
Situation."

Corning toid the governor he would need state
police and National Guard units to provide adequate
security for the expected protest the evening of the
match.

A day later, at his first news conference since
returning from a delayed honeymoon in Europe,
Carey said he was ‘looking into" whether adequate
security could be provided for the match. But he
emphasized the decision to cancel was Corning's
alone, as ‘‘chief magistrate" of Albany.

Carey also said he did not expect the issue to
interfere with his political relationship with the
mayor.

“No problem there,”” Corning said Thursday

when asked if Carey were still politically close.
Their relationship has seemed to grow closer, if

. anything, in Carey's second term as governor. As.

leader of Albany County's Democratic organize-
tion, Corning enjoys easy access to state govern-
ment patronage.

And the state government gave a big boost to the
city last month, when Carey and Corning jointly
announced the state would rent a sizable amount of
space in a $100-million commercial-office and hotel
development centered on Union Station.

Corning and Carey both are expected to play
prominent roles in this weekend's Fall Harvest of
Music Festival at Empire State Plaza as honorary
co-chairmen,

The mayor retained his usual strong support from
fellow Albany Democrats throughout the public
debate over the rugby match. The city Common
Council loyally fell in line last week, adopting a
resolution echoing the mayor's position after a
council committee had rejected an earlier resolu
tion urging cancellation of the match.

But Corning's opponents in the mayoral race,
Charies Touhey and Fred Dusenbury, said Carey's
decision did not remove the rugby game as an issue
in the election.

“In other werds, he (Corning) is off the hook,”
Dusenbury, the Citizens Party candidate, said when
told of the governor's action.

Dusenbury said he and his party would continue
to attack on the apartheid issue in general. He
claimed the city is guilty of ‘complicity with the
apartheid system'’ by placing its accounts with
Bankers Trust, which Dusenbury identified as a
major investor in South Africa.

Touhey, an independent running with Republican
and Liberal backing, had a similar reaction.

“He made the wrong decision, events have borne
that out, and there is a new question of leadership
here,"’ Touhey said.

Corning said he was ‘‘not particularly impressed
with the reliability of either of their statements."

“t thought Charlie was a little bit wild, and the
other one (Dusenbury) even more so,"' Corning
said.

Corning said he has not changed his view that
cancellation of the rugby match would violate
constitutional guarantees of free speech and
freedom of association.

“When you feel you are right, you take that
course, and that’s that,"’ he said.

WIS)

a] Friday, September 18. 1981

“—

Thanks, governor,
for the rugby cure

Thanks, guv, for stepping in and effectively
canceling the rugby match.

’ | was suffering from a severe case of rugby
overdose, an iliness that can prove fatal unless
large doses of baseball, football and basketball are
given. Even soccer heips.

' | have been growing weak and sick for the last six
weeks, ever since someone sprung the word
Springboks at me. Talk of boycotts, demonstrations
and violence just made the old bones ache more.

| struggled to regain my health and sanity, but to
no avail.

Groups from the right, left and in-between
besieged me with statements. The churches, the
synagogues, the right-to-lifers, the right-to-diers,
the Gray Panthers, the Pink Panther, the Ku Klux
Klan, the leagues of lost causes all chimed in.

Everyone had a grievance to air, everyone an ax

to grind, even the outside instigators who wouldn't
know Albany from Toledo.

“There was no escape as the overdose started to
pessess me. Talk of the game was in newspapers, on
radio, on television. Housewives chatted about it,
cops worried about it, politicians pegged their
tartunes on it.

There was no hiding from it, even in sleep.

’ Police dogs, helmeted guardsmen, rock-throwing
youths, tear gas, loud chants, broken bones. No

eras, just myghtmares. Pretty girls and island
pre-empted.

A a

paradises were

| thought thinking of the game itself might prove a
pacifier.
But what's rugby? It’s a bunch of guys with
mustaches rumning around in shorts, tackling
ors oe re ee
sense. Scrum ... ruck... tries ... maul .

ie

Come on, what kind of game is this? Pete Rose
wouldn't be caught dead piaying it.
“OK, so it isn't rugby itself; it's the issue. It's the

J ugly specter of apartheid, the cruelist form of racial

‘1 agree. The game should have been canceled

from the word go. To play it “would have been.a slap 4~
inthe Tace every black in the world. Further, to

every freedom-loving, humane-thinking person in
the world.

| said six weeks ago, when Mayor Corning was out
fishing, the game shouldn't be played. It just wasn’t
right, and Jt would spell trouble.

But the mayor thought otherwise, citing constitu.
tjonal rights and all that.

; Maybe it was a maiter of pride with him. Maybe
he said to himself, “It's my city, and nobody is
going to tell me how to run it."" Or maybe the mayor
was a bit fed up with all the groups that rally 'round
a cause, just or not.

And as | stood by, listening to the mayor's
$tatements, the governor's concern, the protests of
countless groups, the complaints of the rubgy types
and freedom-of-sports lovers, the overdose started

‘to set in.

And | wasn't alone.

: The overdose was beginning to affect my friends,
. the bucddy-buddy ones and just casual acquaint-
ances. They, too, began growing weary of ail the
talk. Gripes replaced concern.

The game itself might have brought on a rugby

‘overdose that would have affected thousands.
. People would have walked the streets with glassy

eyes and vacant stares, mumbling “serum,”

: “hookers” and “Springboks.”

A rugby overdose can be a frightening thing.

. Thanks again, governor, for nipping this illness
before it got to the point of no return.

~

Oh, one final request, guv. Don’t let anyone
‘ named Sarinehnk mave into my neighborhood.

109

Pre hiananoa ss te aR

eh. ad

“Local law enforcement re-
sources are inadequate to pro-
tect the well-being and lives
of the people of this state!
have determined that the
ruaey game should not be held
in Albany.” ~ Gov. Hugh
Carey

reepnteetenn =

oe

GAZETTE PHONE 374-414!

“There's nowhere to run and nowhere to hide. We have

to make a stand. It’s the only thing we can do at this
oil said Thomas Selfridge, president of the Eastern
ugby Union. “We're going to play Tuesday.”

“His order, in my book, has
the effect of law.” - Albany
Mayor Erastus Corning

Rugby Union Heads for Court |

By PHIL BLANCHARD
Gazette Reporter

ALBANY ~ The Eastern
Rugby Union will go to federal
eourt this morning in an at-
tempt to overturn Governor
Carey's cancellation of Tues-
day's Springboks rugby game,
the ERU's lawyer said last
night.

2: *

The New York Civil Liberties
Union will join the case as a
“friend of the court” in support
of the ERU's position, according
to executive director Dorothy
Samuels.

Richard P, Walsh, Jr., the
ERU attorney, said: “We don't
believe the governor's press re-
lease has any legal authority
it's an abridgment of my client's
first amendment rights."

ea

agp sehen

Walsh called the governor's
statement a “press releuse” be-
cause, he said: “That's all it is,
as far as we know. It's apparent-
ly not an executive order.”

Walsh was preparing his case
late last night, planning to go
before Federal District Court
Judge John J. Foley this morn-

ing
Steven Shapiro, staft counsel
of the NYCLU, said: “Regard-
less of whether a rugby match
would be entitled to constitu-
tional protection, the circum-
stances surrounding this match
have clearly converted it into a
political event, and as a political
event it should not be subject to
a heckler’s veto.

“It's perfectly clear,” Shapiro
continued, “that any other

canceled because of the political
views that some people ascribe
to one of the teams. That is not a
permissable basis for the gov-
ernment to treat it differently |
than it would any other team.” |

Shapiro added: “If the govern. |
ment has a legitimate concern
about violence, its responsibility
is to ensure there are adequate
police resources on the scene
and not to withhold those re- ~
sources and cancel the game be-
cause of the threat of
violence.”

* Me *

Waish said Judge Foley could
either grant or reject the re-
quest for an injunction today, |
issue a temporary restraining |
order until a hearing can be |
held, or order the case transtfer-

rugby team in the world would| red to another federal judge in
be able and welcome to play in
Albany. Thig contest is being |

Syracuse

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I9¢

JAY, SEPTEMBER 18, 1981
The Mayor Bows to Carey’s Command—
ne VaOy s Lommand

Corning Cancels Rugby Match

By PHIL BLANCHARD
and

STEVE NELSON
Gazette Reporters

African Springboks

o: ..
pent "an onuinent tian
“an imm
riot” that forces might

not be able to deal with, Gover-
nor Carey determined “that the

iby game should not be held
tay 5 Bag
His statement cited a state

Ab report warning that
ringe elements such as the Klu
Klux Klan and the Communist
Workers Party might make the
demonstration pianned for the
match a bat of sorts.

The statement was less than a
direct order to cancel the match

lanned in March, 1980 by the
tastern Rugby Union. But
|Mayor Corning said he was
| treating it as such.

“I do not agree with it, but I
accept it,’’ he said. ‘Unless
something else happens, his
order, in my book, has the effect
_ of law.”

The governor's office was
asked whether the statement
was actually an order or just

tion to halt the match.

n either case, both the East-
ern R the
York Liberties Union
there was strong

's action occasion
Seem

U Thomas Sei-
fridge said the match
on somewhere regard}

Carey's action.
The
told

that was going to prohibit
| the match. When the statement
was officially issued,
said he again called the gover-
nor’s office.
“T called back and asked if it

was a ibition,” he said.

“Is that the way you see it?”
was the reply, said Corning.

of

| aeneneetnentanmeeneed

Pd

“I said, Yes,’ and they said:
‘Well, that's way it is.""
Asked if Carey's statement
Bete ingame
game, a 's
office who requested anonymity
rong Mea Soom had
or no.
aid to me Se hed oe, —
statement as.a prohibition
me. I think he was correct in
pr pomp this was a prohibition

“What is the difference in or-
dering it cancelled and a ib-
ition’’’ Corning asked when

westioned about the statement.
' said in his statement that
the laws of the state of New
York give him that power.”
ee,

Selfridge was bitter in his de-
nunciation of Carey's action.

“Maybe he's like a lot of poli-
ticians, like those in Rochester
who thought, ‘Here is an issue |
can latch on to.” A ingboks
game scheduled in Rochester
was canceled under pressure
from police and city officials.

“We're going to play Tues-
pe il he said, te Carey's
edict. He said he was reviewing
with Schenectady attorney Ri-
ray Walsh the agit of

action to reverse gov-
ernor's decision.

“We're assessing all of our op-
tions and at the moment
that is our clearest option,” Sel-
fridge said on a radio talk show
last night. “We feel there are a
lot of alternatives that can be
utilized, but there's nowhere to
run and nowhere to hide. We
have to make a@ stand. It's the
only thing we can do at this

point,” said,

S chenect aay

GAZETTE PHONE 374-4141 |

When NYCLU executive
director Dorothy Samuels heard
of the decision, she called the

Ltda oh office and spoke to
n McGoldrick, the gover-

oh
nor's legal counsel. She said she
asked for information on
's ruling. re-
she said, by the
statement but be re-
used to expand on it.

“Tm ely amazed and
frustrated with getting the gov-
ernor’s counsel to clarify the
Tavociadte or

‘orning’s ition
to day as ‘seerageune.* Hane.
els said paca was a “un-
characteristic insensitivity to

people's ts. It's surprising.” .
- e * “it's unrealistic at this nt

*
One of the questions Selfridge | to go to any other municipality,”
to the ernor’s office | he said,

ie tere the pp cog
to inghoks’ playing on a
privately-owned field. ~

Al he still to hold
the match between and ERU
all-star team and the bs ae
boks in Bleecker Stadium, Se
f said he does have other
fields available both in and out-
side New York.

He declined to identify those
fields.

Corning ruled out the use of

rr Hong private or public, in
Albany.

“Based on his (Carey's) order,
1 would send the police stop it,”
he said.

Selfridge ruled out moving
the game to another city.

{

S Cnenertadny
G aycte
a\ 19/9)

Rugby Fans
Protest the
Cancellation

ALBANY ~— In a protest
whose ise came to Scotia
rugby fans ‘over a couple of
beers,’’ about 20 persons
marched outside the Governor's

Mansion last night to condemn |

the cancellation of the Spring-
boks game. he

Larry Rowse, i
Schenectady ala Club, Inec.,
said Carey “opted to negate my
right to attend the match in
favor of those who would use
violence. I just want to go to the
game and enjoy it.

Why didn’t the governor can-
cel the demonstration?” asked
Rowse.

Carey was not in the mansion
waite tke picketers marched
outside the mansion's main gate
on Eagle Street.
| Mike Drouin, a rugby enthusi-
ast who helped organize the pro-
test from kham's Place, 4
Scotia tavern, said “we've been

silent since this whole thing |

started. We (rugby fans) are a
minority and we wanted to
make our feelings known

Protests May Go on
Without the Game

By STEVE NELSON
Gazette Reporter

ALBANY — Game or no

the U.S. tour of the South

rican Springboks rugby club
will rally at 5 ees Tuesday at

game, the organizations
in
A

the state capito
* * &

The massive demonstration
g lanned for the
Springboks-Eastern ig bd

Union match at Bleecker

dium Tuesday evening will go

on as ~ ie though Gov-
ernor . terday
ibited the match Ven tak-

ng place.
bur 1 is to stop the apart-

, heid tour,” said William
| Robinson, a esman for Stop
the Apartheid Rugby Tour. Ro-
binson hailed Carey's decision
as “a victory for the American

le.”

SART and other groups oppos-

‘erated.

However, Robinson said the
groups resented Carey's refer-
ence to the potential for rioting

outside Bleecker Stadium.
“We resent the fact the pro-

test was depicted as vio-

ilent,”’ he said. ““‘We the ERU

e said it was the belief of

ing the match that Carey made
his decision based on “tremen-
dous opposition” the game, and
the South African tour, has gen-

up violence as a tactic
to Obscure the real
issue...apartheid.”

* € *
Organizers were expecting

5,000 or more people at the
match Tuesday, Since the real
issue is South Africa's extreme
racial discrimination and segre-
gatice policies, the demonstra-
ion does not rely on the match
taking place, nson said.

There will be a “Victory-Soli-
darity” rally at § p.m. Tuesday
at the state capitol, the same
time the rally was scheduled to
begin before the game was can-
celled, said Maggie Kirwin,
spokeswoman for the Capital

istrict Coalition Against
Apartheid.

Robinson and Kirwin said
they are aware the ERU is seek-
ing te hold the match some-
where in the Capital district
regardless of Carey's decision.

“Where ever the Springboks
pla we will find them,” he said.
‘Where ever we find them, we
will protest...”

Kirwin said Carey would be
urged to ban the game from tak-
ing place anywhere in New
York State.

Buses carrying protestors
from New York City, Philadel-

ia, Boston, New Haven, Hart-
ord, § , Rochester and
sc ties are expected for the
rally.

He’s Just a Rugby Man

CHICAGO (UPI) — Abe Wil-
‘liams shrugs off epithets like
“Uncle Tom.” After all, he says,
he's just a rugby man.
ee, eee.
Williams, 40, a school

prise! al from Cape Town,

th Africa, is one of two ra-
cially — members =
controversial Springboks
African rugby team.
“They have calied me ‘Uncle
Een poate anna BD gh
ma, manager
‘team, said Wednesday. “I just
feel that | am a man and
an educationist. | am trying
to do my bit to change our se-

“tl
are in Chice-
go for a game with a team of

Midwest all-stars Saturday.

Williams told the Chicago
Sun-Times his with
rugby team is indicative of
progress in South Africa be-
cause “all the boys on this side
(team) have proved them-
selves.”

Williams, national secretary
of the Colored Rugby Federa-

the objections of anti-South
African protestors, but will

“simply ignore” them.

'
i oenenteseeentieianminnmonntteietabten}

Text of
Governor's |
Statement !

\

The following is the full
text of Governor Hugh L.
Carey's statement:

“I have met with my advi-
sors and representatives of
the city of Albany and law en-
forcement agencies with re-
spect to the rugby game in-
sen. the South African

Nationa nay Team sched-
uled to be held in Albany, New
York on Tuesaday, September
22, 1981 at Bleecker Sta-

imminent danger of riot and
breach of the peace should the

iy ane il panta aaa

“Also, I have been provided
with information and intelli-
gence that local law enforce-
ment resources are inade-
quate to protect the
well-being and lives of the
people of this state and the

jes of the state and its

people if the proposed game
proceeds.

“Al there is legal au-
thority to deploy the State Po-
lice and call into active ser-
vice the National Guard in
situations warranting their

assistance in ighioig Men.
peace and order, the threa

the scheduling and
Eotcing of the Taam
countered, ro ng
by such measures,

and, indeed, may even be exa-
cerbated measures,

“In addition, | have been ad-
vised that the financial costs
to state of the mobilization of
forces sufficient to meet rea-
—! ted disorders
would ntial.

heyyy deoamy  b I have ad-
vised ayor Erastus
Corning that, consistent with
my constitutional obligations
as —— one
my res as -
nor to eke eat t the laws
are emerson executed, Il have
determi that the

me should not be fay

Ibany.”

~~ << ai aor <<

| 9/18fr1
Editorial Page @

Box 15627. Albany, N ¥. 12207

. Harry M, Rosenteid

Editor

William M. Dowd

A victory, warts and all

So the controversial South African rugby team won’
be playing in Albany after all. Does that mean those who
opposed the team’s appearance here because they
oppose South Africa's racial policy of apartheid were
right, and those who would have allowed the game,

‘ecifically Mayor Erastus Corning II, were wrong?

Gov. Carey’s ruling that the game was 80 controversial
88 to pose a security threat to Albany if the Springboks
were to play in Bleecker Stadium Rives no faction a clear
victory. It does, however, present a lesson in how
democracy works, warts and all. And we ettiphasize the
warts,

When the South Africans were first invited to play in
Albany, it seemed that the mayor had made a difficult
decision to allow them to use the city’s stadium. We

Mr. Corning emphasized that he personally abhorred
apartheid but that our nation’s democratic traditions
-prevented him from keeping the South Africans out
simply because of their government's racial views.

the
winning acceptance in the western world.

laws against racial discrimination and it was an affront
to the area's black citizenry.

Spectre of a massive protest in the city provided an
“imminent danger of riot.” It was the decision that
opponents of the game hoped for, but its pretext did no
honor to them. What really prevailed was a show of
strength, not democracy.

And yet it was clearly the right decision, although for
the wrong reasons.

would dare say yes? Who would deny the political
* connections?

xiwn Common Council throttled an attempt by one of its
didermen to present an view. It was hard to
‘hiss the irony that the * only chances for

(39

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“By comparison, it is Russia that

Seanad ¥ v- should be in the world dock. not

South Africa.”

ft

Rugby players
in area ery foul

By BRUCE SCRUTON
Knickerbocker News Reperter

Rugby players, the object of threats of protest and
violence for the last few weeks, held their own
protest, picketing the Governor's Mansion after
Gov. Hugh Carey decided to cancel their game with
the Springboks, the South African national team.

The impromptu picket line went up Thursday
night after two men, meeting in a Scotia tavern,
decided to show their anger over the governor's
decision to call off the game.

And those who showed up for the demonstration

were angry.

ace STREETS SESH ne aseNNaniY

Last year we couldn't go
to the Olympics, but this
year we sent a track team
over there. | haven't °
heard, are the Russians

UN Knickertocher News/Tom Latelat
MANSION PICKETED — Members of a Sche-
neciady rugby team jet Gov. Hugh Carey know
they disagree with his cancellation of Tyas
day's rugby game by picketing the

Mansion in Albany Thursday evening.

play the Springboks, retired to an Albany tavern,
where the denunciation of Carey was just as strong.

out of Afghanistan now?" — HasCarey ria fill of baloney,’* silid Scott Pyle of

omc, hn. tas aR

~ Seok Prvie,
area dugby player

ele

Larry Rouse of East Greenbush, president of the
Schenectady Reds, a member team in the Eastern
Rugby Union, which is sponsuring the Albany
maich, said of Carey; “He is not doing his job by
knuckling under to mob-ruled pressure groups. If he
can't do his job, let him resign and get someone who
can,

"By bowing to these ‘threats’ of violence, it shows
he had no backbone. "’

After the miru-demonstration, the picketers, who
are “club” players and not of the caliber required to

‘Schenectady. “Corning had the right idea” in

originally allowing the game to be played at
Bleecker Stadium.

“Politics and sports should go their separate
ways," Pyle continued, pointing one finger right
and another left, “but in reality | know they can't.
So if they can't, why can't we have the game?"

Others in the tavern pointed out that almost a
dozen other teams from South Africa have played in
the United States already this year.

Yeah," chipped in Pyle, “and so have the
Russians, the Chinese. Last year we couldn't go to
the Olympics, but this year we sent a track team
over there. I haven't heard, are the Russians out of
Afghanistan now?"

Continued on Page 7-A

~ =

CONTINUED
Mickey Pahl of Scotia, one of the two

men who organized the Thursday pick-
ung, said he was ‘very disappointed”
when he heard Carey had scuttled plans
Jor the game.

~ “Here I am, just 10 miles away from
‘where the best team in the world is
going to play, and now | can't see

-. Ahem," he said.

«» But Don “Cush” Cushine of Troy said
Ahe game would go on “even if there are
Oniy.31 people there.”’

“™ A rugby team has 15 men and there is
one referee for the game.

" Pahl agreed that even if there were
‘no spectators the game probably will go
on.

,, All we need is a flat area, two goal
posts and some semblance of lines,"’ he
Said.

"This game is being played for the
benefit of the players in the ( Eastern

Rugby) Union. This is the best team in
the world we are talking about. We
invited them here to learn more about
fllgby.

“ “Every one of these people,” he said
printing to those in the room, “is
against apartheid."

., It 18 South Africa's policy of aparth-
eid, or separation of races and a policy
of discrimination, which has protesters
Threatening to demonstrate against the
appearance of the South African team,
named the Springboks after a native
antelope.

“Rugby is helping blacks break out
over there,’’ said Mark Wahi of Rotter-
dam. Referring to the manager of the
Springboks team, who is black. Wahi

Said that by playing rugby and visiting
other countries, the ideas of freedom
and democracy are carried back to
South Africa

—

Over and over, the players said there
politics was not involved in the game of
rugby.

This isn't like most American sports
where you are taught to intentionally

social. We do things together. And
during a match, if tempers begin to get
hot, someone says, ‘We are tg pe
rugby,’ and everyone says, ‘Yeah. Let's
play,’"" said Mickey Druin, the other
organizer.

“When I tackle someone on the field.
I don't ask his politics as we're getting
up.’ he added.

“We are not the ones who are
threatening violence,” said Pyle.
said, Don't let the mob rule, but let
law rule. We're not criminals. It's the
demonstrators who- are.

ings
likes to get involved in foreign affairs,
but I haven't seen him appointed
secretary of state,"

“What the governor is really saying
is that anyone who threatens to demon-
strate can run the government,” said
Pahl.

Then speaking rhetorically, he con-
tinued, “Does that mean if the 16,000 or
so in the Eastern Rugby Union don't
like Reggie Jackson, we can threaten to
picket Yankee Stadium and the gover.
nor would call off the game’

"It gets right down to this. No matter
where they (the Springboks) have
shown up and there has been violence.
it hasn't changed a damn thing down
there (South Africa).

“We don't show up at Bleecker to
comion or oppose their politics. We will
show up te beat them at their own

game

U8 §/

SAS

By Carol Polsky black African nations such as Kenya, US. Sen. Daniel Patrick Moynihan, D-NY, has
out Zimbabwe, and Somalia, the Congress- come out against the tour. while U.S. Sen. Alphonse
ie men were urged to try to stop the D'Amato has taken no official position, according to
A State Department review of United games from taking place because “they an aide.

would seriously compromise America’s But US. Rep. Samuel Stratton, D-Amsterdam, a

March left unchanged a cena gn *, image and position throughout the ranking ener of the House Armed Services
visits by official South African sports continent,”” Wolpe said. Committee, said he supports the overtures made by
The tour, he said, is being used bythe the. ustration toward cio:
; South African as evidence of its _ with the South Africans on :
a by the Springhoh rugby regime © South Africans on strategic grounds.

The pug wai: & ts Gee”
| team, according to the State Depart- Tuten sel hornets. While condemning apartheid, he said, he supported
ment’

ten bersuse it ia” private sports “I fear we are playing directly into the right of the Springboks to play rughy here. And,

$
a” Sees
'

, Olitically’ to South Africa

|
could support a U.S. rapid deployment force going to
NE don't think we can assume that because 4. persian Guif region.
we ise what

despise the South Africans are doing in
regar@ to their racial policies that we should ignore

‘all of our other interests there.” PROFESSIONAL

Laedisane cae CARPET CLEANING
cally inipestent location it the tip of Alice over oar SIMPLY
oil rowte from the Persian Gulf and its bases which ' f =e

= ee

(46

oe

y4/si
y,

Was it ordered, |

By ERIC FREEDMAN
Knickerbocker News Canitel Qureey
Has anybody canceled Tuesday's scheduled
rugby game? Sha
No — at least officially. :
Even though the match is off, Gov. Hugh Carey

hasn't explicitly canceled the game. Nor has Albany.

Mayor Erastus Corning I.

ene mnetenmennenet es

and is it legal?

j
eo.
——

“

The Eastern Rugby Union (ERU) says it is ~
considering legal action to force the city to allowthe |:

game to take place.
And the New York Civil Liberties Union contend’
Carey is party to a “heckler’s veto" under which
anyone can cancel a controversial event by
threatening violence. ae
Carey's statement Thursday that he had ‘deter.

mined that the rugby game should not be held in.

Albany” apparently has no enforceable legal effect.

According to Carey's press secretary, Jill Schuck-
er, the governor made a ‘‘determination” which “in

effect, and I underline the words ‘in effect,’

canceled the game.”
So what did the governor really do?
® He did not issue an executive order to cancel

the match between the Springboks of South Africa
and an ERU team.

@ He did not order Corning to revoke permission
to use of the city-owned Bleecker Stadium.

@ Carey cited his “constitutional obligations" as
commander in chief and chief executive as
authority for the “determination,” but his office
declined to specify beyond that under what
Statutory authority he acted. ae
Continued on Page 7-A

os

<a,’

Ee
SKY
i
=
>
Was ‘cancellation’ ordered, and is it leszal
| Was ‘cancellation’ ordered, and is it egal?
ype oni had said a week the “I*2TCut trilateral decision. Carey has the authority under the National Guard members do not have
; governor | Is it a prohibition? The governor's Executive Law to temporarily suspend _ police officer or peace officer status,
4 final decision was up to Corning as office declined to predict “what a final local laws, ordinances, rules or regula. and, “There are a lot of problems with .
| “chief magistrate of the city, = court might characterize this state- tions during a“s:ste disaster emergen- giving us a law enforcement role,” j
. Paap cto ——. action “ob ment to be.” . cy.” natural or man, .~de. “ins
7" Mously i-mot a-law," a senior Carey ‘trig advisers ized the decision = Tp iow thet situation, you a.
— : was lited to Albany. tl said made fst Geeld Nort ee the eaeers oe _ Shiro noted thatthe National Guard

~ Corning says he interprets the gover- no difference whether the game was to the state Disaster Prepared ss Com. Provided only administrative and medi-*
,  fior’s statement as a ‘prohibition’ of be played at a private rather than mission, a step he did not take. The 2! Sefvices. not law enforcement }
the match. And he says Carey made a public facility. commission was not even convened to 2SStstance. at the 1980 Lake Placid
= : discuss the rugby match. Winter Olympics. ' :

Sarah Birn of the state Civil Liberties

____He could also have ordered the state Union criticized Carey's statement and

police to assist the Albany Police  <aig- "We think the mayor is absolutely

Department. and could have sum- correct that they (the Springboks and

moned the National Guard. ERU team) have a constitutional right

Carey said those steps mi be {0 play. In the civil rights marches in
seadeblie alk tadethad Guy tat te the South, we had to continually go to

eee exacerbate he chance of denying marci ie eat thee one

cuse the march might provoke vio-
The Carey administration declined to lence.
release reports assessing the likelihood == vou cannot make use of city facili-
and potential scope of violence inside ties based on a political litmus test.”
and outside the stadiurn if the game Carey’s office replied, “The governor
was held as scheduled. has a deep concern for First Amend-
In addition, calling up the National ment rights.” ;
Guard would have raised legal ques- Thomas Selfridge of the ERU said his
tions. according to Lt. Col. Marvis organization was considering the possi-
Shiro of the state Division of Military bility of court action to compel the city
and Naval Affairs. to allow the game to go on.

H
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HAMNGHS ISVHOIN 48

worn Aahnuy

Springboks

- allowed to enter and who was to be "th @ pro football team.

weren’t only South Africans in town —

being barred. Even a When we played in Boston, we got
declining to even give his name. request for “just the mmanager” to join just w little story.on the

When he was turned away from the the party met with a solid “No.” to sports,” one of the players “Ht
doors to the private party, he huddled Some members would talk, although only said we played against this Boston
with a man wearing a jacket with a only one would publicly identify him. team and gave the score.”
patch from Rhodesia. who alsodeclined self. Rugby teams from South Africa have
elena grara eee aane TPP  e had played Deen making annual tours to this

was barred from the party. eight games in this country and the Country for years, another group of

Officially, Thomas Selfridge. presi- ninth and last game of the tour was to Players said.

dent of the Eastern Rugby Union. which have been in Albany. “Americans are very friendly. We
hosted the Springboks, said the party - ae ; *
was for the four teams which did play Really. we are a ‘third level’ team in another player.

. T lay night and for those “who South Africa.’ he explained. He said an One of the players said many mem-

| Ke equivalent of the
pre ied ged * te ‘ tween his team a Afri S he explained. are from
Prive nque: would be similar to comparing a good ; “te

room, he nodded to plainciothes Albany Britain or other countries and had gone
police officers. indicating who would be American high school football team

barred. The team played two games in blazers with the club patch, they were
When confronted by the Edwardians’ Chicago, four in Milwaukee, and one Wmistaken by reporters im the mote!
manager. Selfridge gave no reason for each in Oriando, Fla. and Boston. lebby for members of the Springboks.

420

EDITORIALS:

Calling off
the rugby game

We are disturbed with the reasons and the
manner in which the scheduled rugby game
between the South African Springboks and the
Eastern Rugby Union was cancelled.

Since the game was originally announced
more than six weeks ago, it has more and more
taken on the aspect of a media event. That is, the
importance of the discussion and demonstration
surrounding the game has by far superseded the
inherent importance and significance of the
game itself. Any chance of keeping the game
solely a sporting contest was destroyed by its
elevation to a media event. Indeed, the ballyhoo
has snowballed to the point where Communists
and Klansmen and other yahoos threatened to
make Bleecker Stadium a soapbox for their own
warped ideas.

Gov. Carey, by pressuring the city of Albany,
and Mayor Corning, by acquiescing to the
governor, have managed to censor the game on
the highly dubious grounds that adequate
security for the fans and demonstrators cannot
be assured.

But Mr. Carey ignores what has become,
largely because of the game's opponents, the
essentially political nature of the game. Mayor
Corning has contended that the South African
team had a constitutional right to play in Albany
because the South African’s rugby tour was at
least in part a political act.

In an editorial six weeks ago, we agreed with
the mayor's decision, but insisted that the rugby
game in and of itself did not constitute a political
act. We did so believing that if all sporting

to pull out of every Olympics competition. We

cannot, after ali, support the internal policies of
the Soviet Union or China or Cambodia or
Argentina. We still believe that and_ stil!
maintain the distinction between politics and
Sport.

While it was at first possible to view the game
between the Eastern Rugby Union and the
Springboks as solely a sporting event, those on.
both sides of the dispute — including Mr.
Corning, Mr. Carey, and the many groups
opposed and in favor of the game — have now
‘horoughly  arrensipeen it. We suspect that even
Thomas Selfridge, the man who invited the South
African team here and
contribution from a South African businessman

to promote rugby, may not be the apolitical actor.
he presents himself as being.

* 7

.

a $25,000 cash |;

mh

Mbawy Th FAR -\) Nr ey,
AVIVA

evident political nature of the garne” |:

‘scganiy gus ‘provides strong support for the clainy
that it should be afforded the protection guaran-.

teed Pag First Ameridment's free speech and
assembly clause — precisely the grounds on
which Mr. Corning initially based his decision to.
let the game be played.

If First Amendment protection is called for,
then the mayor and governor are obliged to
provide the security necessary to insure that the
game can be played. As the noted authority on
First Amendment cases, Burt Neuborne, has
said, before a decision to deny First
Amendment guarantees can be made, there is a
heavy burden on the authorities to prove, first,
that there would be violence and, second, that
the police forces could not control or limit it. |

Another distinguished constitutional Harvard
law professor, Alan Dershowitz, has said,
“Censorship by threat of violence is an extreme-

ly dangerous precedent under the Constitution."’

But even if there is no constitutional protection
for the players — and we still believe there may.
not be — there remains an equally important
issue. Specifically, the established authority of
Albany had said the Springboks have a right to
play here, and that right was undermined and
withdrawn because of the threat of violence.

Cancelling the game because of a threat of
violence, of course, is precisely what Mr. Carey
has done. By so doing, he has put a loaded gun in
the hands of any group that may wish to
challenge any legitimate decision of govern- _
ment.

Public officials cannot be allowed to pick and
choose which political demonstrations they will
allow and which they will ban. This was the
practice in America's South for many years, the |
practice that often made it impossible for black

civil rights marchers to get a permit to parade.

Now Mr. Carey has established this same

precedent in New York, probably incited to do so _
—~ at least in part — by what he thought were the

sirens of opinion and by the attractions of *

a stronger ‘ing in the polis. We will live to”.
regret it. That will prove to be far more

_ important reget ng ter unfortunate +
consequences game ever could

| have had, ; , :
No one can take his stand to’

@ Carey action may take the heat off
Corning. Page 4-a

Although the game at Bleecker Stadi-
um is off, the controversy over the
proposed Albany match brews on.

Whether the decision was made by
Gov Hugh Carey or Albany Mayor
Erastus Corning II, the South African

Springboks have been banned from

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