tr tgan 4br 4latly Apppooqqpp 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 , _. .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,