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This case is before the Court on a motion made by all the parties and intervenors. It seeks the Court's approval of a decree in the form set forth in Appendix A, to which everyone of them has consented in writing.
*656 Ample opportunity was expressly afforded in this court in 1971 for intervention. Advantage was taken of this by persons who were without exception allowed to intervene upon request. By the most widespread publicity in 1971, 1972, and particularly in 1973, all media of communication drew the public's attention to this litigation. The press, the radio, and the television stations in their reports indicated that the Attorney General of Massachusetts, members of the Massachusetts legislature, and some individuals contemplated intervention. This court allowed the time between the discussion of a possible compromise first set forth in open hearing on March 27, and fully discussed thereafter in the Massachusetts legislature, and debated by columnists and correspondents in the press, and the time of the formal presentation of the compromise in open court on April 13, 1973, for possible intervention. Despite the barrage of publicity, which, to say the least, raised every possible real or fanciful objection, no one who had not previously appeared sought intervention. Nonetheless, those who were already parties or intervenors brought to the court's attention in public proceedings every kind of potentially relevant factor.
As of today there is not in this case any written objection of the kind which is required by the rules of the United States District Court for the District of Massachusetts, and which, in an opinion filed April 12, 1973, Chief Judge Caffrey ruled to be mandatory. But if this court, at least for the sake of assuring everyone that the court is not prejudiced against or in favor of any group, considers as a possible point that in creating Group \"C\" the parties and intervenors who now propose the Draft Decree here under analysis acted illegally, that point is easily answered.
So much misinformation has been spread about this case and this court's attitude that it is hereby ordered that the defendant Civil Service Commission shall before May 1, 1973 mail (1) to every person who took the 1972 civil service examination and (2) to every appointing authority in the Commonwealth that in 1971, 1972, or 1973 requested certification of police patrolmen or equivalents, and (3) to the chief of police of every city and town in Massachusettsthe complete, unabridged text of this opinion and order together with attached exhibits.
No person shall be eliminated from consideration merely because he has a supposed deficiency or defect unless such deficiency or defect is shown to be significantly job-related. For example, if a candidate has a record of some minor nonviolent crime, that shall not constitute an automatic bar unless there is proof that commission of such crime is of job significance. It is not to be forgotten that wholly satisfactory members of Congress, of the Cabinet, and of the judiciary have not in every instance led spotless lives.
What stands in the way of the disadvantaged blacks and Spanish-speaking is a merit system. Whenever people are chosen on the basis of objective criteria of merit the disadvantaged will always get a small proportion of the places. The situation is the same as in admission to colleges. If one wants to get a proportion of blacks roughly equal to their percentage in the community, one has to lower the barriers for blacks and raise barriers against others. One of the justifications for such proceedings now is that, in the long run, the community will be better off if there is a benign quota so blacks can make up for *668 their historical suffering at the hands of the white community. Moreover, benign quotas may help to promote a better society. It may be in the general interest that everyone share in the government whether or not he is best qualified in the ordinary ways of proficiency and personal efficiency. This is a terribly troublesome issue. The way one votes on it is probably a reflection of one's whole philosophy and probably one's age, one's ethnic background, and possibly even one's sex. Of course, women think they are equal to men, but because of cultural lags in society and training to which women previously have been exposed or not exposed, women en masse are not equal to men en masse for all types of jobs. Nor are blacks, nor are Spanish-speaking people. Yet maybe we cannot wait until equality and competence are achieved. Inasmuch as inequalities are due less to genetic than to cultural factors, perhaps society has to meet the revolutionary demand for equality by according it now, in spite of the differential consequent upon historical injustice.
All that any conservative needs to do is recognize that as time has been his friend in the past, so time will be his friend in the future. What every conservative knows is what Burke taught: that reform is impractical except as a gradual modification of complex social structures. This idea has been given immortal expression in King Lear: \"Ripeness is all.\"
When a person is excluded from a racetrack or the person's license is denied, revoked, or suspended, every horse owned in whole or in part or under the care and control of that person shall be ineligible to be entered or start in any race until the horse has been reinstated, either by the expiration of the owner's penalty or by the transfer through bona fide sale to an owner approved by the stewards. Such person whether acting as agent or otherwise, shall not be qualified to subscribe for, or to enter or run any horse in any race either in his or her own name or in that of any other person until expiration of such penalty.
if a horse's name is changed, its new name is registered with The Jockey Club, the American Quarter Horse Association, the Arabian Horse Registry of America, Inc., or the nationally recognized registration organization relative to other breeds and its old, as well as its new name, shall be given in every entry list until it has run three races, and both names must be printed in the official program for those three races;
If entered for the first time at a race meeting, a horse shall be identified by stating its name, color, sex, age, and the name of its sire or sires and dam as registered. In every race thereafter, sufficient description shall be deemed to be provided if the name, color, sex, and age of a horse is furnished.
When an hour for closing is designated, entries and declarations for sweepstakes may not be considered if received afterwards. If an hour is not designated, entries and declarations may be mailed or telegraphed up to midnight of the day of closing, provided they are received in time for compliance with every other condition of the race.
Each day after the entries have been closed, the racing secretary shall designate from among those licensees present in the entry office a person to draw the entry sheets and a person to shake the post position numbers out of the container. In every case, the entry shall be drawn from its approved receptacle before the number ball is released from the container. 59ce067264
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