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March 10, 1968 - Image 12

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Publication:
The Michigan Daily, 1968-03-10

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Page Twelve

THE MICHIGAN DAILY

Sunday, March 10, 1968

PageTwelve THE MICHIGAN DAILY Sunday, March 1 0,1968

PRESENTLY 'UNENFORCEABLE':
State Legislature Investigates
Re-Defining Crime of Rioting

DAILY OF
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FICIAL BULLE

iTIN >3

S

LANSING P) - If more than
30 people rushed out on the field
to join in a fight during a De-
troit Tiger baseball game it could
be called a riot under Michigan's
present riot law.
Existing law also calls for the
mayor and aldermen to circulate
among rioters to demand that
they disperse.
In a related provision of Mich-
igan's penal code, shouting in
the streets of a village can be
a breach of peace.
For the act of rioting itself,
the law now provides no penalty.
Officers must make an arrest
on the basis of some criminal act
or misdemeanor connexted with
the riot.
Michigan lawmakers currently
are trying to update the state's
the riot.
Define Crime
The Senate has approved and
sent to the House a bill which
defines the crime of riot.
Under the bill it would be riot-
ous for five or more persons, act-
ing in concert, "to wrongfully-en-
gage in tumultous or violent con-
duct and thereby intentionally or
)recklessly cause or create a ser-
ious risk of causing public terror
or alarm."
"The current law is completely
unenforceable," said Sen. Robert
Richardson Jr. (R - Saginaw),
chairman of the Senate judiciary
Committee.
"Almost anything we could
come up with would be better
than the law we have now. But
we hope to get a much better
law."
Counter Riots
Another item in the law as it
exists now would seem to en-
courage counter-rioters. It reads:
"Private persons may forcibly
interfere to suppress a riot or
resist rioters."

Sunday baseball as such, the
law says, isn't a breach of the
peace but may become one.
An attorney general's opinion
has held:
"A crowd exceeding 30 persons
assembled on Sunday to witness
a baseball game or for any sim-
ilar purpose, if riotous or tumult-
ous, may be ordered by a sheriff
to disperse: refusal to obey the
order renders persons so assem-

bled liable to arrest and prosecu-
tion."
Other rulings by attorney gen-
eral's opinions have held:
"Shouting in a village street
between 9 and 10 o'clock at night
so loudly that on'e may be heard
on another street 150 feet away
is a breach of the peace,"
And:
"The wanton discharge of a
firearm in the public street of a
city is a breach of the peace."

Albert Terrace Controversy
May Cause Housing Reform

(continued from Page 6) Section 3: All information present- vide the student appearing before it not impose penalties of suspension or
ed to the Council for consideration with a statement defining the com- !expulsion except as provided below.
sibilities of the chairman in his ab- must be given with a bona fide signa- position and authority of the Coun- | (1) Ift a complaint requests thatj
seture. cil and the channel of appeal avail- either of these penalties be imposed, .
b. To perform such other duties able, . JJC shall examine the relevant regula-
as may be assigned to the office by Section 4:
the Council. (1) No disciplinary action is valid, Section 6: After arriving at a de- tions and precedents and determine?
Duties of the Secretary: unless the student disciplined has, cision the Council will, as promptly whether, if the facts of the case
a. To be responsible that suitable before usch action, been shown a copy as possible, inform the defendant, were as alleged in the conplaint, la
records be made of all judicial pro- of the following rules and procedures, the complainant and any lower judic- could correctly impose these penalti-
ceedings of the Council and to see and has signed it. iary involved in writing of the dis- les. The parties may submit arguments
that such records are properly pre- (2) Disciplinary proceedings must position of the case. to JJC before it reaches this decision.
served. accord the rights of due process to all section 7: The Daily Official Bul- (2) If the facts as alleged in thel
bl To keep minutes of hearings for student defendants. These rights in- etinlshalitde used periodically for itd permit these penalties,.
the purpoeses of record and appeal. deude: informing the campus of action taken the defendant may choose a hearing
c. To carry on such official corres- a. The right to an impartial tribun- and procedures adopted by the Coun- before JJo as in other cases. or may
pondence as may be required. al, which in reaching its decision con- l Such notification is to be in the ioosebo.ave a jury hearing as pro-
d. To perform such other duties as siders only the arguments and evi- form of anonymous summary when >)Jrdeiswilor.
may be assigned to the office by the dence offered to it in the presence of the case involves an individual. In (3) (a) Jury hearings will be pre-
Council. the student defendant. a case involving a group. the facts ofse ry
Article V b. The right to be fully informed the case and the penalty will be an- who will determine all questions of
Quorum: A quorum of the Council in writing of the nature of the nounced in the Daily Official Bul- procedureanel of five student jurors
shall consist of seven members and charges made, and the evidence to be letin of the Michigan Daily sha, after listening to all evidence
must include either the chairman or offered in support of these charges, Section 8: The Council may recon- and argument offered by the parties
the vice-chairman. sufficiently in advance of the hearing stitute itself as an all male or all report to the thrresiding members
Article VI to permit preparation of an adequate female group at, and only at, the rortJtoftheythave decidgembers
Jurisdiction: The Council shall have defense. student's request. A quorum shall be ? ouJCl i they the deatciddmmai-
exclusive jurisdiction over cases in- c. The right to rebut and to cross- the entire membership eligible to sit the acts charged.e
volving infractions of all-campus stu- examine all hostile evidence, and to on the reconstituted body. (c) No penalty shall be imposed on
dent passed rules, and over cases in- offer evidence and argument is one's ricl Xa( N eat hl eipsdo
volvingsinfractions of resident unit ow e Article IX a defendant in such a hearing until
rules when the defendant is not a d. The choice of a public or a closed Penalties: a report is recieved penalties shall be
resident of the unit whose regulations hearing. Section 1: A monetary fine of not imposed by all members of Council
were involved. The Council shall have e. The right to invite others to as- more than $50 for an individual and presiding or present at the hearing.
appelate jurisdiction over all other sist in preparing and waging one's de- $250 for an organization may be im- (4) Members of the panel shall be
'ent judiciaries and may assume fense. posed by the Council when the case the first five students contracted, in
original jurisdiction where a lower (3) No student may be disciplined merits such action.Cm a random selection from the student i
judiciary declines to act. for violating any rule unless that rule jSection 2: The Council may impose directory, who agree to the task and I;
Article VII s I has, at the time of his alleged offense, upon a student organization a penalty who, upon examination before the
Other Authority: The Council. at been asserted by an autonomous stui- of probation, involving any curtail- parties:
its discretion and at the request of dent body to be its own responsibility, ment of activities for a specified length (4) Members of the panel shall be
the parties, may arbitrate disputes in-! to be enforced independently of non- of time. the first five students contacted, in
volving student organizations, te -student ratification or veto. Section 3: JJC or its successor shall arandom selection from the student
Article VIII (4) Only a student judiciary, or non-
Procedures: Rules of procedure shall student body whose decisions are ap-
be as herein provided, and may be pealable to student judiciaries, can im-
modified through bylaws or by pose discipline on a student for any
amendments to this Constitution.r ynonacademic offense: theappropriate
Section 1: The Council will pursue student judiciary must grant a full
such enquiry as may be necessary to hearing to all who appeal disciplinary
reveal the relevant facts in such fash- action by a sub-ordinate non-student
ion as to ensure a fair and equitable body.
hearing to any student or group charg- (5) All actions of student judiciar-
ed with breach of properly student les may be appealled to Joint Judiciary
passed rules or regulations. (Vermil- Council (including anyrefusal to hear
lion v. State (1907), 78 Neb. 107)., appeals under (4), supra.) - r
Section 2: Council members shall (6) All judiciaries shall put the
not discuss or review matters under burden of proof on those alleging that
consideration outside of the hearing violation of regulations has occured;
Itself. Failure to observe this constitu- they shall make written findings of
tional provision will render such mem- fact in every' case, and shall keep a
ber subject to disciplinary action by written record of their proceedings.
the Council. Section 5: The Council shall pro-

directory, who agree to the task and
who, upon examination before the
parties;
f a) are willing, under the hypothet-
ical state of facts of the complaint.
to agree, to a report acknowledging
these facts; and
(ci are approved by both parties. ex-
ceptthat no potential juror qualified
under (a) and (b) above may be re-
jected by either party if that party
has previously rejected three other
potential jurors.
jArticle X
Driving Infractions: A driving court
may be established at the Council's
discretion to adjudicate infractions of
Driving Regulations. Decisions of the
driving court may be appealed to the
Council.
Article XI
Vacancies: Council members who
vacate their office prior to the expir-
ation of their term of appointment
shall be replaced by the Interviewing
Committee (Article III) in the manner
herein provided.
Article XII
Amendments:
Section 1: Amendments to this Con-
stitution may be proposed by a 23
vote of the entire Council.
Section 2: Amendments are subject
to the approval of Student Government
Council and shall go into effect upon
publication in the Daily Official Bul-
letin.
Article XIII
Section 1: The Council operates tin-
der Robert's Rules and such other
rules of procedure as ?'s of Council
shall deem necessary.

(Continued from Page 1)
mandamus would force the build-
ing department to take specified
actions against the owners of Al-
bert Terrace.
No petition has been filed yet,
but according to Student Rental
Union Chairman Mark Schrei-
ber, '69, "we are consulting law-
yers for bids."
Whatever action the govern-
ment takes against Albert Ter-
race-"If the owner has broken
a law, we will prosecute," says
Councilwoman Eunice Burns (D-
First Ward) - it will still face
an ailing Building and Safety
Department which so far has no
remedies. Rashes of building vio-
lations throughout the city indi-
cate the department's structure
and its laws need drastic revis-
ions.
Mayor Wendell E. Hulcher de-
clares as fact "The building code
enforcement has not been ade-
quate and owners in some in-
stances have not been living up to
law.
"I have been pushing intern-
ally in the admistration for a

cleanup during the past several'
weeks," Hulcher claims.
Hulcher prescribes "The first
step is to enforce the laws we
have. The second step may be
to revise them. Now, the enforce-
ment situation is just not ac-
ceptable."
In the case of Albert Terrace
Judge Elden fined John Stege-
man $250 for a group of five
violations, although he had vio-
lated the same code 46 times be-
fore. Stegeman rents each apart-
ment in Albert Terrace at an
average of $350 per month.
Councilmen like Hathaway sug-
gest multiplying the fine each
time a violation is repeated. "This
has a coercive effect," he says.
Now building penalties are simply
too weak to deal with the viola-
tors.
But City Attorney Forsythe
sees the enforcement problem as
one of manpower, time and ex-
pense. "How big a force should
Big Brother have to watch out
for what people are doing?" he
asks. "We must enforce the law
fairly, and economically," he says.

4

SYOU'

HELP WELCOME
SENATOR McCARTHY
TO MICHIGAN!
Greet him at Detroit Metro Airport, Friday, March 22.
Transportation will be provided.' TRIP TO WISCONSIN
to work in McCarthy's primary campaign-weekend of
March 29.
Sign up in Fishbowl this week for both trips
STUDENTS FOR McCARTHY

TO VOTE MARCH 12-13!
Endorsements for SGC
KOENEKE-NEFF: President and Vice-President
For Council:
Mike Davis, Paul Milgrom, Dave Phillips, Gail Rubin
Board in Control of Intercollegiate Athletics: JOSEPH JONES

At

Zia

11

ANIL

GIRLS
Do you desire to be
Hugh Heffner's Playmate?
-but just don't dare?
Apply for IFC's GIRL OF THE MONTH, instead
(No Exposure Necessary)
$25 SAVINGS BOND WILL BE
AWARDED TO EACH WINNER
Pick up applications at the IFCoffice
1510 SAB

MARSHNALL'5 DRUG CO.
235 S. STATE ST. PHONE 662-1313
PRESCRIPTIONS
COMPLETE LINE COSMETICS
HELENA RUBINSTEIN L'ORE AL
ULTIMA II MAX FACTOR
DU BARRY REVLON DEMI
YARDLEY JEAN NATE
BONNIE BELL COTY
PLUS MANY FRAGRANCE LINES
BEER-WINE--LIQUOR
Reg. $1.00 Reg. $175Q
' CALM ROLL-ON HUDNUT e
DEODORANT CREAM RINSE S
59c 98c
Expires March 16 Expires March 16
J ? c&&&& &&&&&&&&&
f c, o

9

Look at those crazy college Well, we feel a bit differ- decent wages; for shorter it's one of those little
girls. ently about those girls. They work-weeks; holidays and things that mean a lot. To us.
Running around New marched for the right to vote. vacations with pay; health If you'd like some inter-
York without escorts. And we, in the ILGWU, insurance and retirement esting (and brief) reading
Skirts all the way up to marched for the right to a plans. plus many fascinating his-
their ankles. voice in our shops! Today, over 450,000 of toric pictures, send for our
Making a spectacle of We wanted the right- us in our union, enjoy these 64 page publication entitled
themselves right out there in and we won it-to ask for and other benefits because "Signature of 450,000."'
in public. we did win that voice in our GPO, Box1491,N.Y.,N.Y.
And all for what? For the shops. 10001,.Dept.C-1.

4~

right of women to vote!
Heaven help us! The
times we live in!.

We are proud of our
union-in the progress made
and the progress yet to come.
We sign our work with the
small label you see at the
right. L~ook for it when you
buy women's and children's
clothing.

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