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"Overwhelming Evidence"
 
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"Overwhelming Evidence"

"I believe the evidence of HEW's
unreasonable and harassment is overwhelming,"
Mr. Byrd said.

He also objected to Mr. Byrd's contention
that HEW was ignoring President Nixon's
sentiments on the subject of busing school
children to achieve racial balance.

Mr. Richardson said in the letter: "In his
statement of August 3, the President affirmed
his opposition to busing to achieve racial
balance and he directed federal agencies to hold
busing to the minimum required by law. HEW
is abiding by this policy."

"At the same time, however, the President
has made it abundantly clear that the
administration is committed to carrying out the
mandates of the Constitution and the decision
of the Supreme Court. I must assume that you
agree with the responsibility of the executive
branch in this regard." Mr. Richardson added.

Mr. Richardson said that Mr. Byrd's letter
had implied that a Supreme Court decision was
limited to the specific instance and state it
referred to and that HEW "should ignore the
application Supreme Court rulings in
administering the provision of Title VI of the
Civil Rights Act of 1964," Mr. Richardson said,
"To the contrary, we are bound by such
rulings."