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OL. LXXVIII, No. 82
arkey Pleads
Guilty in Movie
Obscenity Case
Seventy-Seven Years of Editorial Freedom
ANN ARBOR, MICHIGAN, FRIDAY, JANUARY 5, 1968 SIXTEEN PAGES
Boa
rd Grants
Determine
Students
Visitation
Power
Hours
To
By JILL CRABTREE Attorney William F. Delhey has
The Cinema Guild "Flaming not publicly said he will intro-
Creatures" trial effectively ended duce a motion to drop charges
Dec. 12 when Mary Barkey, against the other defendants.
Cinema Guild chairman at the
time of the film's showing, plead-
ed guilty to a reduced charge and
admitted that the film was "ob-
scene." She will be sentenced
Monday.
Charges against the other three'
defendants in the case are ex-
pected to be dropped at the time
of sentencing.
The defendants are Hubert'
Cohen of the English department,
who was faculty advisor to the
group; Ellen Frank, '68; and Elliot
Barden, members of the guild
board at the time of the showing.
Washtenaw County Prosecuting+
Auto Bureau
Acts Against
SGC Rules
By URBAN LEHNER
The Student Vehicle Bureau on
Dec. 6 informed an estimated 50
students who allegedly had motor
vehicles on campus that they had
to register their vehicles at the
normal $3 rate and pay a $5
late penalty fee by Dec. 19.
'The students, all eligible under
University traffic rules to keep
and operate a vehicle, were warn-
ed by SVB head William Perigo,
that their credits would be with-
held and they would be unable
to register for the winter semester
unless they paid the fees.
Thomas Brown of the SVB ad-
mitted that the move was in re-
action to the Nov. 9 decision of
Student Traffic Court to enforce
traffic rules passed that night by
Student Government Council,'
rather than the University's.
SGC's legislation allows any stu-
dent to drive and keep vehicles
without registering them with the
University.
Ineligible Students
Brown said the University has
done nothing yet about those stu-
dents ineligible under the Regents
bylaws to keep vehicles.
"The Regents have indicated
that they consider their rules toI
be in effect," Brown observed.
"It's up to us to enforce them.";
At their November meeting the
Regents stated SGC had "exceed-
ed its authority" in revamping
University rules.
The University Regulations pre-
scribe a $25 fine for failure to
register vehicles. In the past, cases
of failure to register have come
before Student Traffic Court,
which handles all cases of alleged
traffic violations.
Now, the SVB is treating the
cases as "late registration"-an
administrative problem-and not!
as a violation.
However he said, yesterday that
he had had "several conversa-
tions" with defense attorney Dean
Robb before Miss Barkey's plea
was entered, and that as a result
he "would suspect the charges
will be dropped." Robb and de-
fense attorney William Goodman
declined to comment.
Miss Barkey told Judge William
F. Ager, Jr. that she had seen the
film before its public showing in
the Architecture Auditorium. She
said she "didx't think the film
was obscene then," but later had
the opportunity to discuss the
definition of obscenity under
Michigan law with her family and
with the others involved in the
case.
She also studied previous court
cases and the prosecuting attor-
ney's courtroom arguments. Asked
specifically by the judge if she
thought the film was obscene,
Miss Barkey replied, "Yes."
The charge to which Miss
Barkey pleaded guilty is a mis-
demeanor: being disorderly in a
public place by showing an ob-
scene motion picture. The charge
carries a possible penalty of up to
90 days in jail and/or a $100 fine.
The defendants were originally
charged with a high misdemean-
or: showing or offering to show'
an obscene motion picture. This
carries a possible penalty of up3
to one year in jail and a $500 fine.
Miss Barkey declined to com-
ment on the reason for her plea}
and the implications of the dis-
missal. However two of the de-
fendants expressed regret that
the case would not be pursued.
It would have been valuable as
a test case. Even if we had been
convicted here, a reversal in a
higher court would have been,
useful to us as a precedent for
future similar incidents," Miss
Frank said.
The trial began Dec. 11' with
a request from the defense attor-
neys that Ager prohibit Delhey
i
Kahn, '68. "But at least they
are learning."
The decision goes into im-
mediate effect under the powers
granted to the Board of Gover-
nors by The Regents.x
Vice-President for Student Af-
fairs Richard C. Cutler said he
'generally favors the landmark de-
cision, while director of Univer-
County Jail
Over Holiday
By JOhN GRAY and
AVIVA KEMPNER
Eleven draft protesters. includ-
Cuer, Km Agree;
Houses Now Deeide
By KEN KELLEY
The University residence halls Board of Governors de-
cided unanimously Dec. 14 to give students the right to make
their own visitation policy for members of the opposite sex
through their house councils.
"We were just waiting for someone to make the request,"
explained Board member Prof. Marie Hartwig of the physical
education department, after the 6-0 decision. "The students
were truthful and sincere in their request, and we were
anxious to cooperate."
"It's more important that the ultimate authority come
from students without having to have that authority dele-
gated by the administration,"
said S t u d e n t Government "
C oun c il President Bruce 1Potester s in
--Daily-Andy Sacks
NOW, HOW DO I DROP AND ADD?
After two trips through the registration line at Waterman Gym, (once the "new way," and once the "old way"), Clark Norton, '68,
all but gave up hope on his current class schedule yesterday. Wh en he was photographed Norton said he had spent the last two hours
filling out forms, and even with the help of his devoted secretary, Nancy Altman, '69, he still could not find four classes that didn't
all meet at the same time. In spite of Norton's troubles, and those of thousands of students like him, officials claim the registration
proceedure has finally been perfected, and ran quite smoothly. (See story below).
PROSPECT OF PENNY-PINCHING :
Oicials Fear Budget Cuts
sity housing and Board chairman P 1O ,
John A. Feldkamp said "I really ing one professor served between
can'a".hrgg 15 and 20 days over Christmas va-
"In fact, the regulations give cto nteWstnwCut
me the authority to review the Jail on a 1066 conviction for
decision. but I'd have to answer criminal trespass. A twelfth be-
to the Board if I did not approve gan his jail term two days ago.
the decision," continued Feld- The protesters were convicted
kamp. in 1966 of trespassing at the Ann
"The Regents have the power Arbor draft board as a result of
to review the decision, and I the October 7, 1965 sit-in there.
certainly think it's an item of In addition to Professor Thomas
enough interest for Cutler to bring Mayer, who was the only one to
the matter before them," he add- serve 20 days, four students and
ed. seven former students surrender-
By MARK LEVIN
Gov. George Romney's budget
message doesn't go to the state
deficiences resulting from last
year's low appropriations may not
be remedied. Budget officials have
i.
from referring to a New York Legislature until Jan. 15, but asked all state universities to re-
case involving the conviction of University officials are pessimis- strict their budgetary requests to
three persons who had previewed tic about prospects for next year's a level which allows only a "con-
"Flaming Creatures" and ar- appropriations. tinuation of current levels of ser-
ranged for its showing in a New "From all indications it looks vice to an expanded population."
York City commercial theatre. like a tight year for higher edu- Law enforcement,, urban re-
Ager instructed both sides to re- cation in Michigan," explains Uni- development, social services and
frain from mentioning the case versity Executive Vice-President primary and secondary education
without checkig with him first. Marvin L. Niehuss. are considered priority items, ac-
Aithout curyofn1 wmenandthre Guidelines sent out from the cording to the guidelines.
A jurysof 11women and threestate budget office would indicate The University is requesting a
men was selected after Ager
questioned prospective jurors at
length to determine if they would"
be too offended by "scenes ofInstructors' Late Marking
homosexual activity, nudity of
males and females and exposure"
of private parts of the human Slows Academic Counseling,
body" to independently decide
a record $75.8 million in state
funds for its 1968-69 operating
budget. The Legislature appro-
priated only $59.2 million for the
University last year, $3 million
below what the University con-
sidered a minimum funding level.
Tuition hikes provided the addit-
ional revenue necessary to main-
tain the existing level of Univer-
sity services and programs.
Of the $16.1 million boost re-
quested for 1968-69, $6.1 million
would be used to raise staff sal-
aries and fringe benefits 9 per
cent. As a result of Lansing bud-
get cuts, faculty salaries this year
were only increased an average of
3 per cent.
The new budget request also in-
cludes $2.5 million earmarked for
new staff. The University hopes to
reduce the faculty-student ratio
which rose slightly for the 1967-:
68 academic year.
Incomes Slip
Expected revenues from the new
state income tax have been higher
than originally anticipated. How-
ever, sales tax income has slipped
and last year's budget surplus
amounted to only $11 million.
"Higher education is not men-
tioned as a priority item on any-
body's list," reports Niehuss.
"These other areas of concern are
pretty important this year and
cannot be denied. It is very dif-
ficult for institutions of higheri
education to build a deficiency
case, even though deficiencies may
exist."+
In an effort to finish work on
the budget before the end of the+
fiscal year, a team of University,
officials, including new Univer-
sity President Robben W. Flem-
ing, made an unusually early pre-1
sentation before the Senate Ap-
propriations Committee Dec. 21.
In past years, the Legislature has
not completed the budget by the
July 1 deadline, forcing the Uni-
versity and other state agencies.
to draw on reserve funds.
Early Hearings
"We're very happy about the
early budget hearings. It may
relieve some of the deadline pres-
sure. We found the conimitte more
attentive this year than in many
years," Niehuss says. "But that
is not to draw any conclusions
about what their action will be."
The presentation dealt only
with general operating funds. Nie-
huss said that the-University will
make a presentation regarding
construction funds later this year.
State funds for new University
construction have been tied up
See 'U', Page 2
Cutler declined to make a def-
inite comment on whether he
would take the issue to the Jan-
uary regents meeting, saying only
that "I will have an important
announcement Monday or Tues-
day of next week about it."
The Board is comprised of four
faculty members and the presi-
dent and vice-president of Inter-
House Assembly, with Feldkamp
chairing meetings. In its Octo-,
ber meeting the Board flatly re-
jected a proposal from IHA Pres-
ident Steve Brown, '69, to give
IHA the power to decide visitation
policy for students.
The 4-2 vote was drawn on
straight faculty --student lines,
with only the two student mem-
Ibers voting for it.
In the November meeting, Brown
introduced a motion to give each
housing unit the power to make
their own policy, but final action
was tabled for the December meet-
ing.
"For the month in between I
visited dorms day and night talk-
ing to students," said Board mem-
ber Prof. Frank X. Braun of the
German department. "I looked
like a damn spy, but I came away
convinced that our students are
realistic and mature enough to
handle this."
"It's remarkable that each one
of the Board members arrived
at the same decision indepen-
See 'BOARD,' Page 2
ed themselves to County author-
ities.
During their jail term six of
the protesters and another inmate
were confined to an 'incorrigible'
cell for about 40 hours with a
four hour break because of an
incident in their cell. Another
spent 24 hours in solitary con-
finement.
An invesitgation was requested
by Rev. Erwin Gaede who visited
the seven in the cell. County Pros-
ecutor Frank Delhey said that
the investigation found "no mis-
conduct on the running of the jail
or violation of jail rules."
Two of participants, Eric Ches-
ter, grad, and Bill Ayers, '68, both
claim that they were "constantly
harassed." Chester, said the in-
corrigible cell consisted of "little
light, sitting room, ventiliation,
and no toliet facilities."
All of the original protesters
had a joint appeal of their con-
victions awaiting review by the
U. S. Supreme Court. The Mich-
igan Supreme Court refused to
hear their appeal last summer.
Ernest Goodman, counsel for
the protesters, said that the fact
that the 12 served their sentences
will have no bearing on the ap-
peal now pending.
"All of them communicated to
me their faith in the principle of
the appeal. The chances of having
an appeal heard by the Supreme
See 'DRAFT,' Page 9
the guilt or innocence of the in-
dividual defendants.
Jurors never saw the film, how-
ever, because the trial had only
Due Process been under way a short time
Brown denied charges by stu- when it was adjourned and attor-
dent leaders that the SVB's actionwHe nw orngdon to-
constituted a violation of due neys began conferring on the pos-
process. "This is a late fine, just sibility of entering Miss Barkey's
like the one you'd get for paying plea.
your dormitory fees or your tui- The prosecutor in his opening
tion late," he maintained. "You statement called "Flaming Crea-
wouldn't go through a judiciary tures" "filth, a dirty movie." He
over those, would you?" said that Barden, Miss Barkey
However, STC Chairman Ken and Miss Frank had gone to the
Mogill, '68, charged that the SVB police station with Lt. Eugene
letter system "denies the student Staudenmaier after he confiscatedj
an impartial hearing" and "carries the film, where they told himI
with it an assumption of guilt." that they were responsible for the
See 'AUTO,' Page 2 See 'BARKEY,' Page 2
By ROB BEATTIE The Disciplinary Board fell be-
Slow reporting of last semester's hind in processing students whose
grades by instructors has caused academic status required review
a major lag in the compiling of to determine whether they were
students' transcripts. eligible to re-enroll.
Thomas Clark of the Registrar's In the past the board has re-
Office told The Daily recently viewed grades of the majority of
that instructors were 50 to 60 per students with ar average of less
cent behind last year's rate in than "C" before the first day of
reporting grades before Christ- classes. It prefers to have this
mas. The office has fallen several done as soon as possible so that
days behind in the processing and students who will not be permit-
printing of grades. ted to re-enroll will be notified
The effects of the lag are felt before they register and begin
most by the counseling system classes.
and the Administrative Board Because this w u be possible
which deals with academic disci- this year, Shaw Urges al students
pline, said James Shaw, Assistant who feel that they ma,, be af-
TAKES OVER OFFICIALLY:
Dean of the literary college.
'New Way' Speeds Registration
By MIKE THORYN
Students could do it the 'Easy
Way" or the "Hard Way" but in
any case it went faster-registra-
tion this winter was a success.
The one basic change in theI
registration process at Waterman!
Gymnasium separated students in-
to lines for those who advance;
classified and those who did not.
The greatest student unrest oc-
cured at 8:00 a.m. and betweenr
noon and 1:00 p.m. on Tuesday.'
LS&A students massed at the
Natural Resources Building at
8:00 a.m. to pick up materials
and Director of Advance Classifi-+
sults of his work. "We've done our
part to improve registration," he
said. "Now students should do
theirs."
"Before this registration we
were on shaky ground. We can
now start pushing for a late regis-
tration fee," Beach said.
Late registration, with the pos-
sibility of lines, is in the base-
ment of Waterman beginning at
8:30 a.m. today. Monday it will
shift to the third floor lobby of
the Administration Building.
Inside Waterman things went
smoothly. Undergraduates without
changes went through the gym in
half as crowded as in the fall. It
took the average grad about a
half hour to sign up for courses.
Beach worked for 10 weeks on
plans for registration. He will con-
tinue work on streamlining the
process. "My next step is decen-
tralizing registration," Beach said.
"We will continue to use com-
puters to help in the process but
I don't see the possibility for do-
ing registration by computer and
by mail in the near future," said
Ernest Zimmerman, Assistant to
the Vice-President for Academic
Affairs. "Mail registration de-
mands cash," he said. "We have
to know who is here. If we have
fected by disciplinary action to
contact the board.
Shaw points out that the lag
is only a matter of a few days,
but that it "creates a very serious
problem." According to Clark,
only five to ten sections remain
with unreported grades and 11
transcripts should be processed Ly
Monday.
Students who have not already
received their grades should have
them within a few days, Clark
adds. Those students who need
them immediately for use with
applications should be able to ob-
tain them through the Registrar's
office.
Shaw feels that instructors may
not realize the nature of prob-
lems which arise from the slow
reporting of grades. He points out,
however, that a huge influx of
By NEAL BRUSS
Although University president
Robben W. Fleming had no specific
proposals in his first days in of-
fice, he said he will emphasize
construction programs, under-
graduate education and the re-
lefinition of the student's role.
Fleming said he will have no
coimnent until some future Regents
meetings on what staff changes,
if an.-, he will fake in the Uni-
versi t administration. He rec-
ommen led periodic study of the
plans fo. the Ann Arbor, Dear-
born and Flint campuses and for
the Unie ity's extension cen-
ters.
He told newsmen Wednesday,
Fleming Stresses Undergrads, Building
eral, and private, funds is essen-
tial." he said.
"The demands for higher ed-
ucation are very great," he stress-
sed, "and our obligation is to com-
vince people how great the de-
mands are."
The success of the $55 Million
fund drive, Fleming said, has
shown that private donors are
willing to provide the funds
"which make the difference be-
tween a University which is mere-
ly adequate and one which is
truly great." But Fleming said
that although emphasis was
placed on private gifts to the
Residential College, the project
did not attract money.
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