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Vol. LXXIX, No. 62 Ann Arbor, Michigan-Saturday, November 9, 1968 Ten Cents
Eight Pages
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Draft protesters
face 2=31/2 years
'Cantonsville Nine' plan appeal
as judge condemns 'illegal dissent
y BALTIMORE, Md. (A-Seven Roman Catholic clergymen
and two laymen, convicted a month ago of burning draft
board records, were given prison sentences of 2 to 3 and
a half years each yesterday in U.S. District Court.
The self-styled "Catonsville Nine," two of them priests,
had pleaded innocent to government charges they stormed
a draft board in nearby Catonsville last May, seized records
*nd burned them with homemade napalm.
"There will be an appeal. You can note it on the record
now," defense lawyer William M. Kunstler told the court.
,He quoted Prof. Joseph L. Sax of the Law School, writing
in the Yale Review last June, as saying: "Those who think
resisters are tearing at the fabric of the society might wish
o consider the possibility that a society is best able to sur-
'vive if it permits a means for
taking an issue back to the
Cornell public over the heads of pub-
lic officialdom
However, in sentencing the pro-
testers, Chief Judge Roszel C.
m oves !Thomsen said, "Liberty cannot
exist unless it is restrained and
/ restricted.
"None of you has shown any
sell Ia remorse for you illegal acts. You_
have repeated your previous state-
From wire Service Reports ments that you are proud of
The New York Atomic and them.
ipace Agency said Thursday that "None of us can have the free-
Cornell University was taking dom guaranteed to us by the!
steps to sell a $20 million research constitution unless people who dis-
laboratory to private industry de agree with the policy of the gov-
.ernent express their disagree-
spite contentions by state officials ment by legal means rather than
that the sale is illegal.mby lgalnmea ."t
The lab has been the focus of by violation of the law."s
ne~ireasng campus opposition be- The sentence brought no dis-
use of the military nature of order from the courtroom packed1
much of the work done there with more than 100 sympathizers
muchofithaeorkdonethereof the defendants, U.S. marshals
much of it classified, formed a phalanx along the rail-
Earlier in -the year, the state ing separating spectators from the
had offered to buy the lab in order trial area.
to keep it from going into private Outside the federal court build-
hands. However, a private com- ing, about 50 antiwar demonstra-
,any, the EDP Technology Corpo- tors who had held a rally earlier
2%tion, outbid the state. The state in the day walked with signs pro-
then objected to the sale because climing "Free the 9" and "The
the facility was a "non-profit, Time is Now."t
tax-exempt, scientific research The longest sentences of 3 and
organization created to conduct a half years were imposed on the
aeronautical research for public Rev. Philip F. Berrigan, 44, Balti-
benefit." more Josephite priest, and Thomas
New York's Attorney General P. Lewis, 27-year-old Baltimore
Auis J. Lefkowitz has begun an artist.
inquiry into the situation. He was Those two already are serving
told Thursday by Oliver Towns- six-year terms in the Lewisburg,
end, chairman of the Atomic and Pa., federal prison on their con-
Space Development Agency, that victions of pouring blood on rec-
Cornell was engaging in a "de ords at another draft board inr
facto turnover" of the lab to EDP October, 1967.
bvile the legality of such a Sentenced to three years were
n verthe ai undetermined." the Rev. Daniel Beiga brother
umnovr reainsof Philip and a Jesuit who form-
The turnover was being ac- erly taught at Cornell University;1
domishdTowsendab'sarsidentbtThomas Melville, 38, former Mary-
dismissal of the lab's president, knoll priest, and George Mische,
Ira Ross, and those members of 31-year-old peace organizer from
its board who had been opposed Washington, D.C.r
to the sale to EDP. Two years imprisonment wasf
i However, another C o r n e 11 the sentence for David Darst, 27,f
spokesman, Thomas L. Tobin, di- a Christian brother who taught E
rector of public information, said At a St. Louis, Mo., high school;r
later that "any charge or sug- John Hogan, a former Maryknoil
gestion that Cornell has turned brother; Melville's wife, Marjorie,a
over any part of the Aeronautical 38, a former Maryknoll nun, andt
Laboratory to EDP Technology is Miss Mary Moylan, 32, a Balti-
absolutely incorrect. more nurse.S
5 te
Haber levels attack
011 student activists
William Haber, special assistant to President Robben
Fleming and former dean of the literary college, sharply
criticized student activists Thursday in Baltimore explain-
ing that they are very articulate concerning what they are
against, but seldom state what they are for.
Compounding the problem, said Haber, is that "many
do not want a dialogue; they are in no mood to debate or
argue. Some even demand confrontation."
Haber, speaking to the Baltimore Welfare Federation,
outlined his opinion of how university administrators should
__--deal with student dissent.
William Haber
Hershey
clarifies
I-S rule
Draft regulation
change prompted
by law profs
By BILL LAVELY
A challenge of a selective ser-
vice regulation by 23 University
law professors has brought a
changerofthe regulation by Se-
lective Service Director Lewis B.
Hershey.
The regulation, which denies a
I-S classification-allowing a stu-
dent to finish thedacademic year
-to certain graduate students,
was the subject of a letter the
professors sent to each of the
state's Congressmen and Senators
last month.
The letter claimed that the reg-
ulation is in conflict with the
Selective Service Act of 1967, and
asked that the delegation seek a
pronouncement by the attorney
general, or if necessary, a reversal
of the regulation by Presidential
order.
Under the existing regulation,
graduate students who have held
II-S undergraduate deferments
are barred from receiving a I-S
deferment.
However, the Selective Service
Act of 1967 provides that only stu-
dents who held II-S undergradu-
ate deferments after the passage
of the law would be barred from
receiving another deferment.
The law seemingly does not bar
graduate students who held II-S
classifications before the passage
of the law from receiving another
deferment.
General Hershey, in a letter to
University Law Prof. Charles Don-
ahue Jr., said that he has advised
local boards that all graduate
students inducted in mid-semester
will be allowed to complete that
semester.
Hershey noted that he had met
with "leaders in the educational
field" to discuss the question of
the selective service status of grad-
uate students. Their recommen-
dation that inducted graduate
students be allowed to finish the
semester has been followed since
last March, but until now only on
an individual case basis.
Earlier, Michigan Selective Ser-
vice Director -Col. Arthur Holmes
had commented that it was usual
policy to allow inducted students
to complete the semester, "but
only on an individual basis."
He said at that time that the
alleged contradiction between reg-
ulation and the law was "in the
minds of the writers of the letter.
Prof. Donahue noted that at
least two 'U' law students have
been inducted under the regula-
tion and were denied I-S defer-
ments to complete the year in
spite of the fact that neither held
undergraduate II-S deferments
after the passage of the 1967 law.
In response to General Her-
shey's letter, Prof. Donahue said
that the changein policy does not1
meet the legal argument of the
'U' professors that in the event of
induction certain graduate stu-
dents are entitled, as a matter of
right, to complete the full aca-
demic year.
"By limiting the deferment to
the academic term rather than
the academic year, the new policy
grants the students as a matter of
administrative grace only part
of what is rightfully theirs by act
of Congress," Donahue concluded.
The professors' original fetter to
'the Michigan congressmen ex-
pressed concern that students in-
ducted under the law had no
legal recourse against the action
other than to refuse induction
I and enter a lengthy court battle.
--Associated Press
A dove plucked
It appears that Robert Packwood (right) has defeated Sen. Wayne Morse by about 3,000 votes in
the Oregon senatorial race. A recount is expected to leave Morse short of plurality, and Packwood,
36, will become the Senate's youngest member.
EMPLOYMENT PRACTICES:
State com__mission cites
'
Hospital racial bias
Purdue's
editor fired
Speciai To The Daily
LAFAYETTE, Ind. - The ad-j
ministration of Purdue Univer-
sity yesterday fired William R.!
Smoot II, editor of the student
newspaper the Exponent, for pub-
lishing an allegedly obscene poem
and an editorial.
Smoot was informed of his dis-
missal by Donald Mallett, the vice
president for student services, who
announced he was terminating
Smoot's association with the,
newspaper in any capacity.
The firing was precipitated by
a poem published Thursday en-
titled "West Campus Rally for
Student Rights" which concerned
sexual intercourse and sodomy.
The school's administration also
reportedly was angered by an edi-
torial column published two weeks
ago which said Purdue President
Frederick L. Hovde was "wiping
his ass with the philosophy de-
partment's petitions."
The editors of the Exponent said
yesterday they do not accept the
firing and that they will continue
to work without an editor until
Smoot is reinstated. A special edi-
tion of the Exponent was publish-
ed today describing the events.
The editors said that the uni=-
versity trustees are the l e g alI
publishers of the newspaper but
that the firing'violated their con-
stitution, which guarantees t h e
Exponent's editorial freedom.
"University administrators all
over the country have a duty
to listen, and a challenge to
change when change is called
for," he said.
Haber spoke from 40 years of
experience in higher education
when he declared, "the studentsI
have grievances. Most of them are
against society,vthough, and not
merely the university.
More than any other single
factor," he. says, "the war in Viet-
nam has influenced the scope and
intensity of the student revolt.
Coupled with that is their objec-
tion to the draft, their involve-
ment with the civil rights move-
ment, their objections to poverty
in the midst of plenty, and their
objection to the 'establishment'
generally and to the 'military-in-
dustrial complex.'j
"It is unreasonable to assume
that the university can do very
much, if anything, about these
grievances," Haber said.
While the radicals objection
may be against society at large,
"the students also have griev-
ances against the university," Ha-
ber admitted.
Despite the problems that the
radicals creates for universities,
Haber is optimistic: "The silent,
conformist student bodies of yes-
teryear, politically disinterested
and apathetic, were more disturb-
ing than the present group.
"Idealism is to be welcomed, and
the college age is exactly the
period when questions are to be
asked and orthodoxies are to be
challenged."
By JUDY SARASOHN
The Michigan Civil Rights Com-
mission has officially sent a griev-
ance to the University charging
racial discrimination in employ-
ment practices at University Hos-
pital.
Mrs. Laverne Hill claims that
when she requested the withdraw-
al of her resignation as assistant
operating room supervisor, she
was refused and was instead of-
fered an inferior position at the
Hospital because she is Negro.
She had resigned because her
husband was being transferred to
another city.
Mrs. Hill had filed a formal
grievance with the University on
October 21, 1964, charging her
supervisor with unfair treatment.
According to Jack Hamilton ofj
the University Relations office, no
mention of racial discrimination
was made until eight months later.
Mrs. Hill had resigned April 5,
1965, effective July 5. But on June
7 she decided t'o withdraw her
resignation. Hamilton claims that
by that time another person had
been hired in anticipation of Mrs.
Hill's departure.
The Commission's report, how-
ever, states that Mrs. Hill posi-
tion was not filled, she was quali-
fied and thus should have been
allowed to Withdraw her resigna-,
tion. The reason she was rejected,
the Commission says, was racial.
Hamilton claims that at the
Six SGC positions
on ballot f
Six of the 11 at-large seats on
Student Government Council will
be contested in Tuesday and Wed-
nesday's elections. Also on the bal-
lot will be a referendum dealing
with the method of funding Coun-
cil.
In addition to voting either yes
or no on the referendum, students
will vote for four of the 12 candi-
dates.
Two incumbents, Larry Deitch,
'69, and Howard Miller, grad., are
running for re-election. Four other
SGC members, Sharon Lowen,
'71, E. O. Knowles, '70, Paul Mil-
grom, '70, and Tom Westerdale,
grad., are leaving Council since
their terms have expired.
Joining Deitch and Miller.in the
race are 10 other candidates: Jack
Brand, '71, William Eldridge, '70,
Mike Farrell, '70, Michael Model-
ski, '71, Douglas Morris, '69E,
Mark Rosenbaum, '70, Bruce Wil-
son, '72, Dale Jurcisin, '71, Roger
Keats, '70, and Mary Livingston,
'70.
residence hail space
By TOBE LEV
Some 500 students were turned I
away from the dorms this fall due
to a lack of space, according to
John Feldkamp, director of Uni-
versity Housing. Housing officials'
1riginally predicted 250 student
vacancies.
Mike Cabot, liason between the
University Housing offiee aid the
Off-Campus Housing Bureau, says
that most of the 500 were either
transfer or graduate students.
These students were admitted af-
r the end of the winter term
and thus applied late for d o r m
housing.
Other students applied too late
for dorm housing after t h e i r
Seek MSU
med expansion
JACKSON (P)-A top state med-
ical group recommended yester-
day that a "serious shortage of
physicians" in Michigan might be
Odleviated by expansion of Mich-
igan State University's medical
program.
The Michigan State Medical
Society's governing body outlined
its suggestions to meet "the pres-
apartment deals had fallen
j through or after they had given
up on obtaining an eight-month
lease.
Feldkamp says he and other
officials had predicted vacancies
primarily because of the opening
of 300 more spaces in Bursley this
year, raising its capacity to 1,180
students. Thus when he agreed to
the, use of 226 spaces in West
Quadrangle as offices for the psy-
chology, library science, and orien-
tation departments, Feldkamp had
no idea there would be a shortage
of living space.
Feldkamp says that it is dif-
ficult to discover the reasons for
the unexpectedly high demand.
One factor was a fifteen per cent
rise in students entering the
dorms. Of the 2,000 transfer stu-
dents new at the University this
year, sixty per cent are now living
in dorms.
Mrs. Norma Kraker of the Off-
Campus Housing Bureau says that
unreasonable rents and the with-
holding of damage deposits may
have turned some students away
from apartments.
Feldkamp adds that the liberali-
zation of dorm rules regarding
parietal regulations cannot be dis-
counted. Finally, there are 99 more
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Iuesda-v
The referendum on the ballot
asks if the Regents "shall contract
with Student Government Coun-
cil, Incorporated for the collec-
tion of dues in order to permit
the student body, acting in refer-
endum, to determine (increase or
decrease) the per-capita rate at
which SGC shall be funded."
Thursday night SGC passed a
motion to clarify the referendum
since Council member Bob Nelson
said there was "considerable con-
fusion" about what the referen-
dum meant. Nelson said the ques-
tion is "whether students deter-
mine the nature of funding of
Student Government Council" and
not whether SGC should incorpor-
ate.
At-large member Carol Hollens-
head explained at the present time
"the Regents have sole control
over SGC money. We feel it is im-
portant that students have con-
trol over their government's
funds." She said if the referendum
is passed, students in subsequent
elections will "vote on afly monies
SGC received from students and
student tuition."
During the last few days leaflets
have been circulated in residence
halls listing some of SOC's ex-
penses for the year. Council presi-
dent Mike Koeneke said some of
the figures listed are "fallacious."
"It seems some people do not
think SGC is responsible enough
to be incorporated," he said.
Chris Block, president of En-
gineering Council which paid for
printing the leaflets, admitted
some of the figures were "mis-
leading." He said new papers with
corrections were being printed for
distribution in the near future.
Disclaime'
An advertisement for an
ADA meeting referred to in a
time Mrs. Hill filed her original
complaint she was asked if she felt
unlawful discrimination to be an
issue and that she said it was not.
Two weeks later, he says, she
changed her mind but did not in-
form Hospital officials of her evi-
dence. Mrs. Hill then contacted
the Commission.
The Commission sent two in-
vestigators-the second following
Mrs. Hill's claim that preliminary
investigation was not objective--
and called a conciliation meeting
between Mrs. Hill and Hospital of-
ficials.
The Commission suggested that
since there seemed to be some
basis for the discrimination
charges, the Hospital should re-
store Mrs. Hill to her former, or a
comparable position and pay her
back wages.
The Hospital refused the sug-
gestion because they felt neither
I the Commission nor Mrs. Hill had
produced any evidence of racial
discrimination.
.Hamilton said that if the Com-
mission had found any new in-
formation the University was not
made aware of it.
A Civil R i g h t s Commission
member replied to that charge
saying: "They know more about
it than they would like to say."
The University merely repeated
its request that Mrs. Hill or the
Co m mission substantiate its
charges.
The University's refusal to co-
operate in that meeting finally re-
sulted in a formal Commission
complaint filed 'November 4. The
University will have 15 days to
respond to the complaint.
-trespass
hearing dat
reseheduled
A federal judge yesterday post-
poned for the second time a hear-
ing to determine if the cases of
37 University students accused of
criminal =trespass should be held
in a federal court. The hearing
was rescheduled for Nov. 18 at the
request of the defense attorney.
The trespass charges arose out
of the Sept. 6 sit-in at the Wash-
tenaw County Bldg. in support of
demands by welfare mothers for a
larger clothing allowance. At that
time, 192 persons were arrested for
staying in the building after clos-
ing time.
The cases were originally tried
before Municipal Judge S. J. El-
den. However 37 defendants, have
requested a trial in federal courts
claiming that racial prejudice ex-
isted in the arrests, and that their
rights under the first and four-
teenth amendments of the consti-
ED SCHOOL EXPERIMENT
Students shun, self-counseling
By BARBARA WEISS
An experimental counseling program re-
cently established by the education
school permits students with junior and
senior standing to sign their own election
cards, but thus far, the majority . of the
education concentrators have ignored the
option.
The program, named the Alternative
Counseling Plan (ACP), has been elected
by only 22 students in the school.
Part of the reason for the unpopularity of
the program may be the requirement that
students submit to their advisor a detailed
__are of f livrmrigr hp a vp.r
undergraduate committee of the School of
Education by Dr. Malcolm A. Lowther,
chairman of the committee. The plan was
initiated in the summer term of 1967.
Lowther feels the ACP will be instru-
mental in improving the quality of aca-
demic counseling in the school of educa-
tion. He expressed surprise at the seeming
lack of interest in the option thus far.
However, Prof. Ann Hungerman, an
education counselor said, "Most of the stu-
dents who come to me for counseling have
specific problems concerning their educa-
tional goals. Their plans are often indefi-
Implementation of the new code has
been postponed temporarily pending ap-
proval by the State Board of Education.
When approval comes education students
will have to revamp their programs to con-
form with those requirements established
by the new teaching code.
Lowther agreed with Hutchcroft's as-
sessment, terming the code, "technical at
times," and said the difficulty often entails
student-advisor consultation.
Lowther feels it may take one or two
more years before the counseling plan real-
ly catches on.
M'rfnv studeants whn have rhnon the