Evening star., 1960-04-18
Appeals Court
Rules ItCan't
Ban A-Tests
BY CARL IRVING
Star Stan Writer

The prevention of fallout
from atom bomb tests is out
side the jurisdiction Of our
courts. 80 citizens from seven
countries were informed last
week.
The group, which includes
learned men, japanese fisher
men and South Sea islanders,
lost its attempt to get the
United States Court of Appeals
here to ban further atom bomb
testing by this country.
The terse opinion by Judges
Walter M. Bastian and Warren
E. Burger said a small group
cannot presume to represent
all mankind in protesting the
risks Of nuclear contamination,
nor expect the court to inter-
fere with the Presidents plans
for national security.
BazelOn Differs in Part
Such affairs are exclusively
in the hands of the President
and Congress, whether tests
are imminent or not, the Judges
said. A third jurist, David L.
Bazelon, partly disagreed. He
thought the plaintiffs should
be allowed to come to court
again if nuclear testing were
resumed.
Judge Bazelon had COM
mented that the plaintiffs
might be right, it could be a
question of survival, but he
couldn't see how it was a judi
cial question.
A major portion of the plain
tltts' brief was prepared by the
Nobel Prize-winning chemist,
DR.. Linus Pauling, a professor
at the California Institute of
Technology.
The radiation already emit
ted by past test explosions very
likely will be the cause of
thousands or tens of thou
sands of serious defects in
children. the brief said. Vari-
Gus genetic and somatic dis
eases will strike many humans
and their progeny, it warned.
Strontium -9O's Effects
1t noted that strontium-s0.
which is produced by the ex-
plosions, now is in the bones
OF all humans, whereas people
had none whatever a few years
ago.
Strontium-90 has a radio
active nucleus, and there is a
high probability" the brief
said. that it produces cases of
leukemia and bone cancer.
The Governments brief
answered that Congress has
recognized these dangers and
has held lengthy hearings on.
the subject. 1t added that the
1854 Atomic Energy Act passed
by Congress recognized the
possibility of death or injury
due to radiation and author
lied the Atomic Energy Com
mission to adjust and settle"
such claims.
Besides. the Government
said. no tests are imminent
now.
Filed 2 Years Ago 1
The suit had been fled in
April, 1858, when the United
States was about to conduct
series Of nuclear tests in
Nevada and the South Pacific.
In August, 1858, the Govern
ment made the first Of a series
.of announcements amounting
to a voluntary stopping of the
tests.
Last December 20, President
Eisenhower announced that
the United States considered
itself free to resume tests, but
would not do so without an
nouncing them in advance.
The plaintiffs include another
chemist in addition to DR.. Paul
ing plus a biochemist, a zoolo-
gist. a former director Of the
World Health Organization, a
renowned philosopher - Ber-
trand Russell-and two leading
churchmen.
They we're Joined by seven
Japanese who had f1shed in the
800, ,000-square-mile area which
the United States designated as
a danger area when testing be-
gan and Is citizens of the
Marshall Islands, who had to
leave their homes.
A spokesman for the plaintiffs
was uncertain whether the case
would be taken to the Supreme
Court. They could accept Judge
Bazelon's statement that there
is not a sufficient probability
that testing will be resumed to