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September 22, 1968 - Image 1

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Publication:
The Michigan Daily, 1968-09-22

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Duke ........14 \ Notre Dame ...45 Michigan State 14 i
South Carolina 7 Oklahoma ...21 Syracuse . . . .10.

Iowa........ .2I Southern Cal .
Oregon State.. 20 Minnesota .. .

. 29 .Purdue . . . ... 44 Kentucky .....12 ' Milisaps . . . .16
. 20 Virginia . . . . . . 6 Missouri . . . . . 6 'Sewanee . . . . .

I

The,

riot

and

the

court:

Justice

after

a

fashion

By STEPHEN H. WILDSTROM
Managing Editor
A year-long research project by a
group of seven University law stu-
dents has resulted in a scathing in-
dictment of practices in Detroit Re-
corder's (Criminal) Court during and
after the July, 1967, riot.
In an 86-page report titled, "The
Administration of Justice in the Wake
of the Detroit Riot of July, 1967," the
panel charges that wholesale viola-
tions of the rights of defendents re-
sulted from conscious policy decisions
of the judges. The article is to be
published in the forthcoming issue of
the Michigan Law Review.
Included in the article are changes:
* That the "assembly line" proce-
dures in Recorder's Court during and
after the riot were not, as claimed by
the judges, justified by the massive.
number of cases. These "assembly
line" practices including arraigning
and examining defendants in groups
without consideration for the circum-
stances of individual cases and as-

sessing bail at a flat rate for a given
offense rather than considering the
ability of the defendant to post bond
and the necessity for high bail in in-
dividual cases.
The authors say that despite the
heavy case load (there were as many
felony charges brought during the five
days of the riot as occur in a normal
six-month period) judges were often
sitting in empty courtrooms waiting
for defendants to be brought before
them. According to the article, the
Recorder's judges turned down numer-
ous offers of assistance from Wayne
County Circuit Court judges, from
clerical volunteers and from members
of the bar.
The report concludes, "There was no
justifiable reason (except perhaps
lack of planning, which is in itself un-
justifiable) for the inadequate pro-
cedures utilized in Detroit. Absent a
sound and compelling reason for aban-
doning constitutional protections they
must and should be rigidly adhered to
for all citizens at all times. Panic, dis-

"The belief is pervasive among ghetto residents
that lower courts in our urban communities dispense
"assembly line" justice; that . . . the poor and uned-
ucated are denied equal justice with the affluent ... .
Too often the courts have operated to aggravate rather
than relieve the tensions that ignite and fire disorders."
-Report of the National Advisory Commission1
on Civil Disorders

on the grounds that it was necessary
to keep people off the streets to pre-
vent their becoming reinvolved in the
riot. The report, on the other hand,
says this attitude may in fact have
reflected an assumption of guilt by the
judges. The authors also argue that
the experience of arrest and incarcera-
ton and the fact that defendants were
fully informed of the consequences of
their acts might have effectively serv-
ed to inhibit people from becoming re-
involved. They say this was partic-
ularly true for the large number of
people who had no record of previous
arrests or convictions but who simply
were sucked into the riot.
* That Recorder's Court was op-
erating during the riot under a de fac-
to suspension of the writ of habeus
corpus. The privilege of the writ of
habeus corpus, guaranteed by the Con-
stitution, "except in cases of rebel-
lion or invasion," provides that a per-
son cannot be detained illegally.
Under normal procedures in Record-
See REFORM, Page 2

organization and lack of preparation
should never excuse granting a de-
fendant less than his full measure of
constitutional rights."
* That the high bail set by most of
the 13 Recorder's judges was both un-
warranted by the situation and pos-
sibly unconstitutional. All judges ex-
cept Judge George Crockett, a Negro,
initially required bail as high as $25,-
000 and averaging between $5,000 and
$10,000 for looting. The authors argue
that the experience of Judge Crock-

ett, who released prisoners on much
lower bail and in some cases on per-
sonal recognizance, indicated that the
excessive bail was unnecessary.
The authors say that under state
and federal law, the only reason for
setting bail at a given level is to insure
a defendant's later appearance in
court, but ghat the judges were actual-
ly using the high bail as a means to
force detention of prisoners.
The court defended its bail policy

-By Tony Spina

Y

Inik I!IUU

4IaIA

Vol. LXXIX. No. 21

Ann Arbor, Michigan-Sunday, September 22, 1968

T en Cents

0,

Ca
'M'

I

mauls

gridders
By BILL LEVIS

-Daily-Andy Sachs
BILL HARRIS, WOLVERINE SPLIT end is felled by California de fensive halfback Ken Wiedemann (18-obscurred) after missing a
pass yesterday. Jim Sheridan (35) and Irby Augustine (88) are in pu rsuit. Harris shared the split end duties with Jerry Imsland and
Paul Staroba. The three ends were only able to total one catch am ong them in yesterday's defeat.
ASSESS REQUIREMENT
Plan study of languageprograms
By SHARON WEINER faculty members feel they need to see the language requirement that language and the culture re-
some "large-scale and objective made an elective," Koeneke says. lated to it."
A survey of student attitudes indication of student attitudes be- "To force someone to take a lang- Mersereau feels some students
concerning changes in the foreign fore deciding on a change. uage does him no good." "can't speak, understand or-read
language requirement will soon ungraded materials after two
begin. The survey could lead . to: "The survey will include ques- Students aren't along in their years of study" and for this rea-
a change in the language require- tions pertaining to the student's dissatisfaction with the present son, he says, "the program must
ments, according to Prof. James language experience and his eval- requirement. be made more meaningful."
Gindin, chairman of the literary uation of the experience, along According to Prof. John Merser- Mersereau believes the require-
college curriculum committee. with his views on the purpose and eau, chairman of the slavic lang- ment should either be abolished,
The survey will be conducted by value of the requirement," he uages and literatures department, or related to cultural material re-
the Institute for Social Research adds. "Students who are forced to take levant to it. He suggests, as an
(ISR) and is expected to take sev- Student Government C o u n ci 1 a language often become frustrat- example, students taking sciences,
eral months to complete. president Mike Koeneke is en- ed when unable to grasp all the take the course in a foreign lang-
The project was recommended couraged by the prospects of aspects of a language after four uage. He commends the Residen-
by last year's curriculum commit- changing the present language re- semesters. Such a student may tial College for its work in this
tee because, according to Gindon, quirement structure. "I would like even develop a hostility toward area.
The Russian department is cur-
0 rently developing a two-year pro-
gram which will not follow t h e
Michitan Bell takersi orecaution ="audiolingual" meth-
Stroductory sections will be con-
n t ssi ie iotvanis~ dutedallowing the student t
aainst ossible riot vandasm newer
of programs: one level for those
interested in communication
By N. B. WILSON The telephone company has suffered no dam- skills, the other concentrating on
The Michigan Bell Telephone Co. has imple- age during past disorders, and the employment reading comprehension.
mented a policy of protecting its property against record of the firm appears to reflect the racial Prof. Clarence Pott, chairman
possible attacks during civil disorders. mix of the areas it serves. In Detroit 21 per cent of the Germanic languages a n d
The telephone company has begun placing of its employees are non-white, and in the state as all requirements, espesially the
heavy metal screens on the first floor windows of a whole the ratio is at least 10 per cent. all requirements especially t h e
4 those equipment buildings located in cities with The rationale behind having the screens out- language requirement, should be
sizeable black populations. The precautions have side rather than inside where they might be less reexamined. More precisely, he
been undertaken in Detroit, Grand Rapids, Flint, obvious is that on the outside the screens offer would criticize those who favor
Saginaw, Benton Harbor, Jackson, and Ann Arbor. better security against various methods of arson, expansion of the program - "I'm
While somewhat reticent to discuss the steps Company tests showed t h a t Molotov cocktails not in favor of that theory."
taken company officials emphasize the vital na- broke against outside grates shielded the interior The German department has

The only good thing about ;Michigan's football opener in
the Stadium was the weather.
The temperature was in the 80's, the sky was a pale blue,
but so were the results. The California Bears, more accustom-
ed to such glorious surroundings, took full advantage of the
golden sunshine and trampled over the woeful Wolverines,
21-7.
Except for a touchdown spurt midway through the
second quarter, the Michigan offensive attack resembled at
sputtering Model T which refused to shift into drive.
Throughout the game the only person more surrounded
than Wolverine quarterback Denny Brown was the vendor
selling single-stick popsicles outside the stadium gates.
Continuously hounded by the talented and experienced
Golden Bear defensive line, Brown was only able to complete
nine passes in 31 attempts. Several of his tosses were dropped
in key situations but others were just batted down by massive
left guard Ed White and linebacker Dennis Pitta.
Michigan's inexperienced offensive and defensive lines
proved the difference in the game. Both lines played a con-
fused first quarter before they got untracked. By that time,
however, it was too late, as cool Cal quarterback Randy
Humphries had already led the Bears on two scoring drives.
After it became evident that he could not penetrate the
well-trained Wolverine secondary for considerable gains,,
Humphries stuck to the ground and guided the Bears to two
touchdowns right through the center of the Michigan line.
Junior halfback Gary Fowler climaxed the Cal drives
with twelve and six yard touchdown runs, giving the Golden
Bears a 14-point lead in the first quarter that the Wolverines
couln'tovercome.
"They were both off-tackle lead plays," a jubilant Fowler
said after the game. "The pursuit by our blockers, especially
by (tackle) Mike Meers and (guard) Jerry Champion, was
great so I was able to cut back for the scores.
Fowler also scored the final touchdown near the end of
the game on a sweep around the right guard. "Gerry Borgia,
our pulling guard, really opened an alley on that one," the
halfback asserted.
"They really ripped us in the first quarter," a disap-
pointed, but not discouraged, Bump Elliott lamented. "We
couldn't get the field position and then one thing led to
another. It became a vicious cycle."
See MICHIPAN, Page 9

.-Daly-Richard Lee
Comedian on campus
Bob Hope greets Leigh Avery, Miss World America, during his
show last night. Small protest groups passed out leaflets outside
the events building protesting the famous troop entertainer's
appearance.
FEWER TERMS:
Nursingschoo
alters format

i
I
1
i
j
i
i
7
7
I
,

By MARCIA ABRAMSON transferrinig to nursing in June,
The School of Nursing has con- 1969, and after will be admitted
,solidated its basic professional to the new program. The present
program into eight and one half program will be discarded with the
terms by eliminating two previ- graduation of the class of 1971.
ously required spring-summer The key curriculun changes
sessions. which made the program revision
Freshmen entering nursing. this possible are the combination of
fall will be required to complete two major courses in maternal and
only 133 credits, instead of 150. child nursing and the elimination
"Previous requirements were of a second required course in
just too hard on the students," medical surgical nursing.
explained Miriam Keller, assistant The new medical surgical nurs-
dean of the nursing school. "This ing course will combine a 12-hour
is a program we know will work." junior and an eight-hQur senior
Junior and senior nurses were prorgam. The revised course will
required to attend classes for two be offered for 16 hours credit
full spring-summer terms with a during the fall term of the senior
one month vacation provided for year, eliminating the second re-
by an adjustment in. the nursing quired spring-summer term.
school calendar. A special Chemistry 102 course
Sophomores, juniors and seniors designed for nursing students will
currently in nursing will continue be replaced by regular Chemistry
with the old program. Students 103, taught in the literary col-
___. . * lege.
An education school class in
growth and development, Educa-
O ntion 540, will replace the Funda-
mentals of Nursing course pre-
vsly erequir erin.the remaining
0 0 summer half term.
I r Nursing, students will be re-
quired to take 30 hours of free
Ielectives, unlike the. old program,
Doctors at University hospital where nurses were required to
examined Opdenhoff, and discov- choose these electives only from
ered he had a potentially f a t a 1 humanities and social sciences.
With the implementation of the
aneurism, a weak spot in a blood revised program, reduced' tuition
vessel in his brain, for junior-senior nurses' will be
Doctors decided to attempt cor- discontinued. Currently junior-
rective surgeryd, which is in itself senior nurses pay only $55 per
a highly risky operation. term instate and $120 outstate
Oopera-tuition.
Opdenhoff survived theodto- "This is done because the stu-
tion, and was in good condstion dents are in school all year and
afterars. However aos gan have no opportunity to earn money
week later, his condition began~ to pay for their education," said
suddenly to deteriorate over a Miss Keller.
span of 22 hours, culminating in Under the revised program, all
the fatal stroke. nursing students will pay regular

Doctors see no rejecti
in U' heart transplan

By JIM NEUBACHER
Heart transplant patient Phillip
T. Barnum remained in fair con-
dition, and "stable" last night in
University Hospital for the second
full day following his five and a
half hour operation Thursday
night, according to hospital
spokesman.
In the latest announcement on
Barnum's condition, his heart was
said to be functioning well, and
independently of any electrical
,devices. Barnum had suffered a
r"n.viin o*. aestfo r veral seconds

even the other members of his.
family.+
Doctors do not expect to allow+
Barnum out of bed in the immed-
iate future, and are continuing to
feed him intraveneously.
He is also receiving continuing1
medication to prevent rejection
of the new organ. Immuran and!
steroids have been used for this!
purpose, and doctors hold ready a
supply of anti-lymphocyte globu-
lin, a more potent, although less
reliable anti-rejection drug.
Doctors say so far there has
been no sign of rejection at all.

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