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Seventy-Seven Years of Editorial Freedom
VOL. LXXVIII, No. 1AANN ARBOR, MICHIGAN, THURSDAY, AUGUST 31, 1967 SECTION TWO
National Guard Defends Detroit Riot a
By TRACY BAKER gan to come into the armory with- a stop than they were dispatched guy about 30 feet. Now, you talk
During the recent civil distur- in an hour of our alert, but the to various precincts throughout about a David-and-Goliath situa-
? bances in Detroit, Daily reporter situation in the city was so bad the city ton
gancy aoe aerd ,th he ih- that we were sending men don hWe tpulled into Central," said An enlisted man, normally as-
member of the elite Selected ie there as soon as we had a tuck- a cook-tuned-ifleman, "and a signed to an anti-tank gun, talked
N~y.;serve Force, was one of the first load. And some of ou men were lieutenant hopped up on the run- about events at the 13th p ecinct
groups called into th e of the out of town, and it -took them ing boa d of the truck and told 'We d been there for five or six
riot area. j some time to get back." us to take off for the fifth pre- hours, and three other men and
DETROIT--Michigan National Called To Duty cinct." When Guardsmen arrived I were down stairs guarding about
Guardsmen who served here dur- "I was in Montreal when I at the various precincts, some 150 prisoners when we noticed
ing the recent unrest in this city heard about the riot," said a ma- were sent out in units of five smoke coming out of the bullpen.
have said that they had been chine gunner, "and even though I or six to apprehend looters, while Within a couple of minutes, the
..trained for most of the problems left there right away, it took some others were assigned to guarding whole area was filled with smoke,
Y:l.. they faced, but that a number of time for me to get back to the prisoners or protecting the sta- we could see flames in- the back
inhibiting factors prevented them city." Others told of hearing of tions. of the room. Some fool set fire to
.. from applying the tactics. They the riot while they were in New Friendless Search . a hard wooden chair.
also refuted a number of recent York, Missouri, or the Upper Lt. Martin Hauger, a platoon Grown Men Cry
criticisms of the Guard's action. Peninsula. One signal corpsman leader, says, "We were sent to five "No one had time to get to their
....Capt. Frank Storer, commander said he heard the Guard had (the fifth precinct) Sunday. Early gas masks, because the prisoners
of the airborne infantry company, been mobilized while he was that night we had an incident were about ready to rush us. All
said that one of the biggest prob- cruising up the St. Clair River on which really impressed me. A big we could do was stand there and
lems facing officers in the first his cabin cruiser. Negro man-he must have been at cry along with everyone else, and
days of the riot was retaining con- Truckloads of men began mov- least 6 feet 3 and weighed maybe try to hold them. I felt my rifle
1tro of their units. Storer said ing through hostile crowds and 250-came into the station to see move, so I looked down at the end
"" f:::: that the problem arose because burning buildings and into their if some of his friends were in jail. of the barrel-and some fool's
2 ..; ,'' .Ma ,<units "were committed piecemeal, quarters in the field of Central When no one took care of him trying to take the bayonet off.
> _. .and men were sent wherever they High School in the late after- within a minute, he started to But finally two unarmed cops
were needed most, regardless of noon. They joined harassed police shout and threaten people. A took a fire extinguisher into the
Tony Spina their unit's base." officers who had been on duty radioman in my group-and this room, put out most of the flames,
National Guardsmen enter Detroit's riot inferno. If the first days of rioting had a "carnival at- A platoon leader in Storer's all day. Men on the trucks said kid is only about 5 feet 8-stood and we were able to move the
mosphere," snipers and tense Guardsmen later foWWd it a deadly event company explained: "Our men be- that they had no sooner rolled to up, walked over, and pushed that prisoners upstairs."
SIX PAGES
trols
The officer in charge of that
detail commented: "I was proud
of my men that night. We pulled
in over 150 looters, arsonists and
snipers without firing one shot.
And when the station was in real
danger of gong up in 'flames and
the prisoners were about to rush
the men downstairs,-not a one of
them panicked. They were really
professional."
Looting
However, the real action Sunday
night was with the looters on the
streets. Guardsmen from every
precinct told of countless patrols
which could get no more than a
few blocks from the station before
taking a full load of prisoners.
Most of the looters were easily
apprehended, although some fled.
In a few instances, looters turned
and fired on Guardsmen who or-
dered them to halt.
The men who entered the area
first said that they had been
trained to cope with mobs, but
that by the time they got there,
there were few mobs left. They
also claimed that there were so
See GUARDSMEN, Page 6
ALUMNI ANGERED:
MSU Graduated Fee System
Continues to Stir Controversy
By STEVE NISSEN
Attorney General Frank Kelley
has ruled that Michigan State
University's novel graduated fee
system is legal, but opponents of
the controversial plan are still
fighting it.
A key alumnus of MSU, Arno
Weiss, has warned that alumni
are "angry enough to not only
discontinue their fund giving, but
to withdraw their children from
MSU."
Under the new graduated fee
schedule, students pay a minimum
R tuition of $354 and a maximum of
$500. Students whose family in-
come is less than $11,800 a year
will pay the minimum while those
whose family earns more than
$16,6666 will pay the maximum.
Students from families with in-
comes between $11,800 and $16,-
666 will pay a tuition equal to
three per cent of their parent's
income. This fee schedule applies
to Michigan residents; out-of-
staters now pay a flat rate of
$1,200.
Weiss, who is chairman of the
MSU Development Fund, has
mailed 1,400 copies of an open
letter expressing his opposition to
the plan, to the governor, state
legislators, MSU Alumni Club
presidents, and others.. During
1966, alumni and friends of MSU
had contributed $5,837,957. The
graduated tuition plan is expected
to add about $2.1 million to the
university's revenues.
Other opposition to the plan has
come mainly from Republican
state legislators and MSU trus-
tees. In establishing the graduated
tuition there was a strict party
split with the five Democratic
trustees voting in favor of the
plan. The three Republicans op-
posed. Gov. George Romney had
supported an alternate plan
which called for an across-the-
board fee hike of $75 for in-state
undergraduates and $180 for out-
of-state students.
The need for a tuition increase
was created by the legislature's
higher education appropriations
bill which left MSU $4.1 million
short of its minimum needs for
the 1967-68 operating budget. Af-
ter the trustees became deadlock-
ed 4-4 over Romney's plan, Con-
ner Smith (D-Pinconning) pro-
vided the swing vote which passed
the graduated tuition plan.
MSU trustee Frank Merriman
(R-Deckerville) immediately ques-
tioned the constitutionality of the
new fee plan. Rep. William Hamp-
ton (R-Bloomfield Hills), who re-
quested the attorney general's
opinion said he was satisfied "that
the plan is constitutional and le-
gal in all respects." But his cri-
ticism and that of other legisla-
tors has not ceased. Hampton said
the plan is "grossly inequitable"
because it is based on gross in-
come, not net income, and thus
fails to take individual.family cir-
cumstances into account.
Supporters )of the plan suc-
ceeded' in passing a resolution in
the House condemning it. How-
ever the Legislature can do noth-
ing to block the graduated fee
system. Nevertheless the resolu-
tion will have great impact upon
the trustees, who must continually
seek funds from the Legislature.
Other legislators said they
would consult the Michigan Civil
Rights Commission (CRS) as to
whether the sliding fee schedule
might be considered discrimina-
tory. Trustee Merriman suggested
that the CRC might hold hearings
with MSU which might result in
court action if they considered the
ability-to-pay plan unfairly dis-
criminatory to higher income
groups. At the time Merriman
said "If the constitution prohibits
the Legislature from passing a
graduated income tax I don't
see how the trustees can pass a
graduated tuition."
The CRC told The Daily Mon-
day that it does not consider the
matter to be within its jurisdic-
tion and thus plans no action.
MSU officials privately ac-
knowledge that they expect suits
against the university by Decem-
ber.
Some of the critics of the plan
have argued that requiring stu-
dents to submit a copy of their
parents' federal income tax re-
turns is unreasonable and illegal.
"Knowledge of the income of par-
ents of students attending college
is not the concern of the board of
trustees of any college or univer-
sity," Rep. Gustave Groat said.
Groat agreed that the tuition in-
crease was necessary but stated in
a letter to the MSU trustees that
the manner of the increase was
"purely discriminatory."
Fint Mayor
Withdraws
Resignation
Flint's first Negro mayor, Floyd
J. McCree, said yesterday he was
withdrawing his resignation sub-
mitted two weeks ago when the
City Commission failed to pass
an open occupancy law.
In withdrawing his resignation,
McCree declared "I am not willing
to dodge an equal opportunity
fight." He also reported that a
number of- state legislators had
pledged to press George Romney
for a statewide open occupancy
law when the House and' Senate
meet in special session.
"I'm not going to sit up here
any longer and live an equal op-
portunity lie," McCree had declar-
ed after the commission had voted
down the law 5-3.
The ordinance would have ban-
ned discrimination in housing and
home financing. It would have also
established machinery for inves-
tigation of discrimination com-
plaints.
Asked To Reconsider
After McCree had announced his
resignation the commission had,
voted to formally ask him to re-
consider his decision.
At least four Negro appointees
had said they would resign in
support of the mayor.
Flint was among the Michigan
cities that suffered racial violence
in July. Negro youths roamed
through the city setting fires and
throwing rocks and bottles. There
were no deaths. Police arrested 120
persons.
Commissioners rushed to pre-
pare a draft of the bill after the
week of violence had subsided.
But they voted it down, some say-
ing that it was unconstitutional.
Hospitalized
Shortly after announcing his
resignation McCree was hospital-
ized with exhaustion and a stom-
ach disorder that later was reveal-
ed as ulcers. During his absence
the commission deadlocked 4-4 in
a vote to rewrite the bill for re-
consideration. McCree would have
provided the necessary vote to
revive the proposal.
McCree said he has been be-
sieged during the past two weeks
with telephone calls and letters
from lawmakers, government offi-
cials, and the public giving him
their support.
He called for a one-week mora-
torium on the subject, "to let
things cool off."
Republican Bloc Elects Connelly
To Finish Balzhiser Council Term
Fill Vacancy Left by
White House Fellow,,
State Cities Ponder
Open' Housing Issue
-Daily-Thomas R. Copi
OUTGOING UNIVERSITY PRESIDENT Harlan Hatcher advises
his last class of incoming freshmen, in loco parentis, to write,
home once a week.
Hatcher Span
Generatio In.Gap
Daily News Analysis
The spirit of state law haunts
several Michigan cities reluctant
to enact open housing legislation.
With a fiery summer of rioting
barely ending for the cities, state
Attorney General Frank J. Kel-
ley yesterday ruled that cities
have power to both enact and en-
force local housing laws - even
though they may not feel the spirit
to do so.
Kelley's ruling overturns a 1963
opinion in which he decided local
open occupancy ordinances could
not be enforced because the State
Civil Rights Commission had sole
jurisdiction in the area.
Kelley did, however, reaffirm his
earlier decision that local human
relations commissions do not in
themselves have the right to en-
force fair housing ordinances, but
instead may make recommenda-
tions to their city attorneys to-
ward enforcement of the local
statutes.
In Flint, Mayor Floyd McCree
resigned and then withdrew his
resignation after the City Com-
mission refused to pass an open
occupancy ordinance. Gov. George
Romney sent a telegram to several
Flint legislators which stated, "It
is regrettable that Flint has not
followed the lead of other Michi-
gan cities which have passed open
housing legislation." It now ap-
pears likely Flint's City Commis-
sion will reconsider the open hous-
ing question.
Kelley also said his office will
review provisions of the constitu-
sume they would then pass an
open housing ordinance."
In Saginaw, Mayor Henry
Marsh, a Negro, proposed a vol-
untary approach to open housing.
Marsh said his plan would pri-
marily be a research device to de-
termine the reaction of home-
owners, brokers, and nonwhite
homebuyers to the issue.
Kelley further ruled that hous-
ing is outside the jurisdiction of
the State Civil Rights Commis-
sion. He said that the Civil Rights
Commission does not have the
power of criminal sanction in
housing cases.
The Attorney General said his
office would work to insure a
speedy ruling by the State Su-
preme Court on the exact legal
powers of the State Civil Rights
Commission.
The Ann Arbor City Council in
a special meeting last night ap-
pointed Brian R. Connelly to the
Fifth Ward seat vacated by the
resignation of Richard E. Balz-
hiser who has accepted an ap-
pointment as a White House fel-
low.
The election of Connelly, a Re-
publictan, maintained the 7-to-4
advantage held by the Republi-
cans prior to Balzhiser's resigna-
tion.
Connelly defeated the Demo-
cratic nominee, Woodrow Shelton,
by a 6-to-4 vote along straight
party lines. Folowing his election
Connelly was immediately sworn
into office and took his seat on
the council.
Fifth Ward Incumbent
Balzhiser was elected to his
second term as representative of
the Fifth Ward last April. His
term, which Connelly was elected
to fill, expires in April, 1969.
Connelly said last night that he
shared "many of the same philo-
sophies of good government" as
Balzhiser. But he added, "I will
not be able to, nor would I desire,
to carry on the work of the City
Council in the same way Dick
would have done."
He described himself as some-
one 'who votes on the basis of is-
sues. On matters of fiscal re-
sponsibility I tend to be conserva-
tive. But on questions of human'
relations I am more liberal. If you
took all the areas I guess I'm a
middle-of-the-roader."
Student Vote
He also stressed the necessity
of the council facing the issue of
student voting and characterized
himself as "tending toward a
broad interpretation of residence
requirements."
Connelly attended Michigan
State University where he majored
in radio and television. He moved
to Ann Arbor six years ago and is
now president of Connelly-Taylor
Advertising, Inc. He has been ac-
tive in local Republican politics
and served as Balzhiser's cam-
paign manager in last April's elec-
tion.4
Connelly has been a member
of the Human Relations Commis-
sion and its Employment Com-
nittee. He is a member of the
board of directors of the Cham-
ber of Commerce.
Washington Post
The resignation of Balzhiser,
who will begin his one year term
as a White House fellow next
month, was accepted by the, Coun-
cil Aug. 7, effective Aug. 22. Ac-
cording to the City Charter, the
council had to appoint a succes-
sor to Balzhiser within 30 days.
The Regents last week gave
Balzhiser a leave of absence from
his post as professor of chemical
level experience with the workings
of the federal government."
Balzhiser graduated from the
University in 1955 as an Angell
Scholar, earned his M.S. in nu-
clear engineering here, and join-
ed the faculty in 1957. His major
research interests and activities
have been related to liquid metal
heat transfer and thermodynam-
ics. He will spend his term as
White House fellow working with-
in the Department of Defense.
Half the city's councilmen are
elected in off-year spring con-
tests. The Republicans took their
current council lead in voting last
April.
In other action last night the
Council granted the University
special permission to hold a fire-
works display during Labor Day
weekend.
Kelley Rule'
Acceptable
HRCTactics
By ANN MUNSTER
Ann Arbor's Human Relations
Commission has the power to in-
vestigate other city agencies -
even those which have operations
outside the city limits .- State
Attorney General Frank J. Kelley
ruled August 17.
The ruling specifically declares
acceptable tactics of a recent in-
vestigation of Ann Arbor High
School's Cooperative Occupation-
al Training Program (COT).
The opinion was a response to
a question from State Rep. Roy
Smith (R-Ypsilanti Township)
concerning the legality of the
HRC's investigation into Ann Ar-
bor School District policies on job
placement.
Fake Applications
Two members of the HRC's staff
allegedly had called the COT of-
fice under fictitious names, ask-
ing the school to furnish non-
Negroes for employment. The HRC
contends that COT officials con-
sented to do this.
Smith challenged the legality
of the investigation on the grounds
that the school district is not en-
tirely within the Ann Arbor city
limits, and denies persons outside
the city any voice in city policies.
Power Upheld
Kelley said there was no reason
why the City Council or the Hu-
man Relations Commission of Ann
Arbor could not consult with and
investigate the activities of the
school district inside the city sim-
ply because the district includes
persons outside the city's jurisdic-
tion.
By URBAN LEHNER
"The present generation starts
now and looks to the future," re-
tiring University president Harlan
Hatcher told the class of 1971 in
his welcoming address in Hill Au-
ditorium Monday night. "So it is
only natural that it overlooks the
progress made by past generations
in getting us where we are."
In his last speech to a class of
incoming freshmen, Hatcher used
the "generation gap" as the cen-
ter of an address that branched
out to cover such topics as aca-
demic freedom and free speech,
School Board Accepts Teacher Contract
the relationship between the Uni-
versity and the individual, and the
roles of teaching and research in
a university community.
'The University is a free place
and we prize it that way," Hatcher
said. "George Lincoln Rockwell,
Stokely Carmichael and Timothy
Leary have all spoken from the
very podium from which I address
you now."
Assuring his audience of the
availability of, academic and per-
sonal counseling for those who
need and desire it, Hatcher said,
"I have always found it a paradox
that the University is criticized on
the one hand for being cold and
impersonal and onl the other for
being too much like a parent."
Hatcher scored what he termed
"the great myth" that teaching
and research are not interrelated.
"Teaching is the central activity
here, but it is a very complex
activity and not the only one."
The University must encourage
research, Hatcher contended, be-
cause it attracts good teachers,
provides updated material for
textbooks, and provides oppor-
tunity for students to participate
in "the direct work of research."
"The University," Hatcher noted,
"has great research and public
service responsibilities."
By JILL CRABTREE
The Ann Arbor -Board of Edu-
cation last week averted a possible
delay in the opening of public
school scheduled for Sept. 7 by
ratifying unanimously a master
contract with the Ann Arbor
Teachers Association (AATA).
The contract was ratified by
the AATA Aug. 19. It is the first
master agreement for Ann Arbor
teachers.
The board's action took less than
five minutes, despite a lengthy
opinion from Roscoe 0. Bonisteel
One item in the contract which
Bonisteel questioned was a pro-
vision for establishing an agency
shop. Bonisteel said this "could be
construed as an attempt by your
board to contractually provide as-
sistance to a labor organization."
This would be a violation of state
labor legislation, Bonisteel said.
Dispute over the teacher's con-
tract began as early as last No-
vember with weekly bargaining
sessions at Eberwhite school. Late
in the month, AATA negotiators
presented their first economic pro-
On March 29, the board decided
to seek a six-mill tax increase on
May 8. Funds from the increase
were earmarked for teachers' sala-
ries. The request was later trim-
med to 511 mills, but the voters
defeated the package. The board
decided to seek the millage again,,
and a second election was set for
June 12.
Strike Threat
In the meantime, the AATA
held a meeting of all teachers in
the Ann Arbor public school sys-'
tem, in which a resolution was
ification process. However on Aug.
2 Bonisteel told the trustees that
it was his opinion that the Board's
$2.5 million working capital re-
serve was illegal and must be used
up in the 1967-68 fiscal budget.,
Re-open Talks
The AATA negotiators, seeing
that the trustees had more funds
to expend, immediately asked that
negotiations be re-opened. Seek-
ing to regain some of the eco-
nomic concessions they had made
after the second millage defeat,