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March 11, 1969 - Image 1

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The Michigan Daily, 1969-03-11

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WOE UNTO HIM,
SPOKETH THE LAIRD
See editorial page

, i43iau

fl1ail11..

CHILLY
Low-15
Cloudy, more snow
is on the way

Vol. LXXIX, No. 131

Ann Arbor, Michigan-Tuesday, March 11, 1969

Ten Cents

Ten Pages

I

Elden:

Disqualified

from

strike

By DANIEL ZWERDLING
District Judge S. J. Elden will
leave the bench and take the wit-
ness stand today in a special court
session called to consider whether
he should be disqualified from
hearing rent strike eviction cases
because of alleged conflict of in-
terest.
The hearing will climax a legal
controversy which exploded last
Thursday when rent strike at-
torney Ron Glotta presented a dis-
qualification motion charging that
Elden is already biased against
striking tenants.
Crucial evidence in the hearing
will focus on three points:
0 Testimony by two members
of the strike steering committee
that Elden threatened to extend
their probation, resulting from
September's welfare sit-ins, on the

grounds they might be violating
criminal conspiracy laws;
0 Affidavits by tenants at 1424
Golden that Elden manages their
apartments and collects their
rents;
0 Elden's financial interests in
a local exterminating company
which has contracted with several
realty firms in the strike.
State laws stipulate that a judge
may be disqualified from hearing
a case if he is "interested as a
party," or if any lawyer or party
in the case has reasonable doubt
the judge will .be impartial.
The alleged threats to extend
probation were directed against
Barry Cohen, '71, and Jatiet Han-
dy, Grad, members of the rent
strike steering committee. Both re-
ceived a letter Jan. 25 from their
probation officer, Ronald Rinker,
saying "a specific matter has re-

cently been brought to the
(court's) attention which necessi-
tates an imperative meeting with
you." Both met with Rinker sepa-
rately that afternoon.
According to Cohen, "inker
told me he was instructed by Elden
to find out if wards of the court
might be subject to criminal con-
spiracy charges arising from
activity in the rent strike, ana
warn them their probation might
be extended" up to two years.
Probation was originally set at 90
days.
Elden, however, later denied he
was threatening to extend their
probation, and told the Ann Arbor
News Feb. 3 that he had no knowl-
edge of any investigation of the
rent strike for a possible criminal
conspiracy.
Instead, Elden said he merely
asked Rinker to warn Handy and

Cohen their strike activities might
violate their probation contracts-
this would mean a revocation of
probation and serving of a 23-day
jail sentence, but not an extension
of probation.
"I simply wanted to make sure
they knew of their legal rights,"
said Elden.
But apparently, Elden and
Rinker disagree on the nature of
their conversations. For when Co-
hen paid a second visit to Rinker
a week later and asked him to
clarify Elden's instructions, Rinker
again said the Judge had told him
to warn that probations might be
extended-not merely revoked.
Furthermore, Elden admitted in
an interview Friday, that "a mem-
ber of (Prosecurtor William) Del-
hey's staff had told me Delhey was
investigating the possibility of
criminal conspiracy among strik-

ers:" Elden had denied knowledge
of any investigation last month.
Delhey, meanwhile, says the "in-
vestigation" everybody was talking
about was only a rumor started by
a member of his staff.
In any event, says strike at-
torney Glotta, all this shows Eld-
en has already decided the rent
strike might be illegal. "His dis-
cussions with Rinker indicate Eld-
en has a bias in the case, and
should be disqualified," he charges.
Another key point in the dis-
qualification motion is Elden's
role at 1424 Golden St., an apart-
ment building occupied mostly by
students. By Eldon's own admis-
sion, and according to affidavits
signed by the tenants, he
manages the apartments and col-
lects tenants' rents.
"As a landlord for student
apartments, Elden has a conflict

ases?
of interest in the rent strike
cases," Glotta maintains. "If h,
decided in favor of students he
would extend the rights of stu-
dent tenants and restrict his own
rights as a landlord."
Backroom legal disputes started
when Glotta first tried to file the
disqualification motion Thursday
- and the court clerk refused to
accept it. Elden finally accepted
the motion after some confused
negotiations with Glotta through a
middleman ("Elden won't talk to
me," says Glotta) and ordered
District Judge Patrick Conlin to
hear the motion the next morning.
Court rules stipulate that f o u r
days notice must be given before
such a hearing. however, and af-
ter some more hectic negotiation.
Glotta persuaded Elden to post-
pone the case until yesterday.
See ELDEN, Page 6

Judge S. J..Elden

i

Court refusesI
to hear appeal
of protester
From Wire Service Reports
WASHINGTON-The Supreme Court yesterday refused
to hear the case of .10 students suspended from Bluefield
(W.Va.) State College who had challenged the school's right
to punish them for off-campus protests without full due
process..
An opinion by Justice Abe Fortas, the only elaboration,!
said they had been suspended for "violent and destructive
interference with the rights of others," contrasted with the
"peaceful, non-disruptive ex-
Tr u i' W T pression" upheld by the court,

City Council backs

rent d
By BOB FUSFELD
Ann Arbor City Council last
night passed at first reading
by a vote of 8-3 the contro-
versial "Balzhiser ordinance"
which deals with the fraudu-
lent withholding of damage
deposits by landlords.
The ordinance calls for the
prosecution of landlords who
"willfully, fraudulently and ma-
liciously withhold, convert or re-
fuse to return a damage, rent
security. or other equivalent de-
posit to a tenant who is otherwise
entitled to the return thereof."
The ordinance was defeated last,
week at first reading when all
four Democratic councilmen voted
against the motion. Council- pro-
cedure allows an ordinance to be
defeated once at first reading and
then reconsidered a second time.
A public hearing on the ordi-
nance will be held at City Hall
Monday., Council will then take
final action on the proposal.
In further action, council passed
by a vote of 10-1 a resolution in-
troduced by Councilman Len
Quenon (D-2nd Ward), concern-
ing student voting rights
The resolution requests that the
State Legislature change voting
laws to enable students to vote
where they go to school.
Although the Democratic coun-
cilmen agree that the city should:

eposit

rule

HEW m
cut aid, to
protesters
WASHINGTON OP)-A memo-
randum will be sent to the nation's
colleges telling them some con-
victed campus demonstrators may
not be eligible for federal aid,
HEW Secretary Robert Finch told
a congressional committee yester-
day.
Finch said, "The faculties, the
administrations and the governing
boards of these institutions have
to stand up." He said his memo
might give them "backbone."
Some '800,000 students receive
federal grants and another 750,000
have bank loans guaranteed by the
.federal government-approxima-
tely one of every five students.
Finch, a 'university regent as
lieutenant governor of California
before appointment to head the
Department of Health, Education
and Welfare, made the statement
during five hours of testimony be-
fore the House Education and
Labor Committee.
Congress passed a rider on the
1969 appropriations bill barring
federal aid to any student convict-
ed of crimes such as those involved
in the takeovers and disruptions
of university buildings.

two weeks ago.'
The students were suspended in
1967 after participating in a pro-
test march and allegedly making
threats to the school president.
They contended in a brief that full
procedural safeguards had not'
been observed by the school dur-
ing disciplinary proceedings.
Civil liberties lawyers claimedf
the youths were entitled to a trial-
type hearing before their suspen-
sion and that their protest of
allegedly radically discriminatory LARRY DEVINE, Detroit Free
policies was protected from pun- LAR EIE eri re
ishment by the Constitution's free Dionysus in 69. Seated are Pr
speech guarantee. tory Theater.
Fortas said that college students
who engage in an "aggressive and0
violent demonstration" are not
protected by the First Amend-AD iy
'ment's guarantees.
The court refused to hear their
appeal, with only Fortas setting By STEVE KOPPMAN
forth any reasons. Justice William "Dionysus in 69" was not pri-
O. Douglas, meanwhile, noted he marily meant to be a celebration
favored a hearing. of sexual freedom. Rather, is was
In other action, the high court an expression of doubt in the value
vindicated black comedian-civil of such freedom without signifi-
rights organizer Dick Gregory and cant social change,"
39 others who had been arrested Saul Gottlieb of the Radical
for disorderly conduct when they Repertory Theater, which brought
refused to end a march around the play to Ann Arbor, said the
the home of Chicago Mayor Rich- production's key message was that'
ard J. Daley in 1965. "the problem of our time is
Police had said they feared a whether we are going to concen-
riot. trate on Dionysian aspect of liber-
Another decision overturned the ation, sexual freedom, or if we are'
conviction of the Rev. Fred L. going to realize that the sexual
Shuttlesworth of Cincinnati for revolution itself is not enough."
parading without a permit during Gottlieb, one of four speakers at
the 1963 Easter marches in Birm- a forum on the play last night at
Ingham, Ala. Hillel, told the audience of about
ALUMNAE RECOMMENDATIONS

-Daily-Larry Robbins
Press drama critic, spoke last night at a forum at Hillel on
'rof. Marvin Felheim and Saul Gottlieb of New York's Radical Reper-

sian

double-take

-Daily-Larry Robbins
Wilbur is back

E

30 that the arrest of the actors-reaching people and changing take some action regarding the
in "Dionysus" was another har- people," Gottlibe said. "And as withholding of damage deposits, A
binger of an approaching period the Movement becomes stronger they have several major objectionsf
of great repression. in all its forms, the Establishment to the proposed ordinance. t
"The problem in America is becomes more impressive." Richard D. Remington (D-st
freedom - liberation," said Gott- Gottlieb further noted that Ward) commented at last week's
lieb. "If an artist is not free in the "Dionysus" had been performed meting that the ordinance "is a
whathe hre t anadienof9 per-e collection of words that won't A/I
state of Michigan to do what he here to an audience of 900 per-cha
wants to do, then we're in for a sons in a crowded ballroom, and One councilman said that fraud
bad time. And I think we really that this had not been conducive cases of this type are extremely
are. to op~timum pcastinoft esothsyparexeml
He declared that since the the- play, appreciation of the difficult to prove in court. An-
other criticism of the ordinance
ter was a more threatening art He urged that the University attacks it for not including mini-
form to the social order than any make funds available for such per- mum penalties for violations.
other, it would face the greatest formances, so as to avoid the need Penalties would be set by the local
hfor student aid in the struggle for groups to play to overcrowded courts.
aginstdet dsaudiences. Prof. Terrance Sandalow of the
against it. law school has said there would
"The theater is the most rev- "Because of the need to get have to be a change in state legis-
olutionary art form in terms of some money, we're getting into the lation before the city could pass las
commercial thing," said Gottlieb. such an ordinance. ls
"We're losing our perspective." Council Democrats proposed an oft
Prof. Marvin Felheim of the alternative to the "Balzhiser ordi-
English department, who played nance." The Democratic proposal del
a major role in bringing Dionysus would set up an escrow fund to be tot
to Ann Arbor agreed that the administered by a third party,
crowded ballroomnhad distorted preferably the city. All depositsh
audience perception of theper- would be held in this fund, he
formance.

ducation School Dean-designate Wilbur Cohen returned to Ann
Arbor yesterday to attend the annual state school board con-
erence in Rackham Aud. The former Secretary of Health Educa-
ion and Welfare will take over as dean on July 1. (See full story
'age 7.)

PPEAL POSSIBLE:

10

3

J ury convicts seven
for wefa re protests,
By TOBE LEV
Seven of the more than 250 demonstrators arrested at
t September's welfare protests were convicted last Friday
criminal trespass.
The seven are the first of 37 protesters whose trial was
ayed by an unsuccessful attempt to win a change of venue
the State District Court in Detroit.
William Goodman, counsel for the 37 defendants, says
will appeal the case if any of the defendants are willing
to spend the time and money

Pi Beta Phi

vs .

the no

By LANIE LIPPINCOTT
Members of Pi Beta Phi sorority are
desperate. Under University anti-discrimi-
nation regulations, they may not rush as
long as their national organization con-
tinues to require the use of binding alumnae
recommendations.
This week, the sorority's national Grand
President Dorothy Morgan and two national
officers are visiting the University in an
attempt to understand Pi Beta Phi's des-
peration.
The visit is especially timely because Pi
Beta Phi will ask the national convention
this summer to eliminate the required use
of recommendations.
Pi Beta Phi is one of two sororities that
could not rush this winter. The national

Rarely does a grand president visit local
chapters, says Advisor to Sororities Diane
Annala. "The timing before the convention
is crucial."
Chapter members believe the meeting with
Mrs. Morgan now will influence the reac-
tion to Pi Beta Phi's proposal at the conven-
tion. Pi Beta Phi president Sandra Tencza
says "much of her opinion of us has been
formed by letters and adverse publicity. We
really want to see the constitution changed.
"We hope she will be sponge-like and

Mrs. Morgan's visit coincides with the an-
nual meeting of Pi Beta Phi's alumnae, the
Michigan Betas. Her visit has added un-
usual importance to the meeting.
Mrs. Harrison Quirk, president of Michi-
gan Beta Association, has urged all Michigan
Betas to attend the meeting to "hear all
sides of this dilemma" over 'recommenda-
tions. She says she expects "a tremendous
turn-out" for the Wednesday morning meet-
ing--over 100 women as compared with the
usual turn-out of 20-30.
Although the meeting cannot influence
this summer's convention directly by a vote,
Mrs. Quirk says the meeting "may affect
this summer indirectly by letting Mrs. Mor-
gan see the opinion of Michigan alumnae."

involved in an appeal.
Y"There were too many people in L)"-invle na pel
the room, and theroom was tooft en ters llt" The defendants are considering
large," Felheim said. "It was hard le a) the possibility and will discuss it
to hear the atcors. The nude scenes with Goodman, says Lucy Kara-.
thus took on a prominence they, benick, one of the seven tried last
wouldn't ordinarily have had as toears week.
part of a total production. Goodman says an appeal could

absorb the information o
situation," Miss Tencza
want her to see our side."
However' according to
Henny Kussy, convincing
the importance of change

on our chapter's
adds. "We just
past president
Mrs. Morgan of
will be difficult.

Felheim defended the artistic
value of "Dionysus," and attacked
"dishonest playwrights, such as1
George Axel rod and Neill Simon,
who are making money on plays
that are titillating and vulgar."
Law Prof. Paul Carrington, who
is doing research for the Dionysus
Defense Fund, agreed with Fel-
heim in describing the Regents'
recent statement on Dionysus as

MEMPHIS, Tenn. () - James3
Earl Ray yesterday pleaded guilty
to a first-degree murder charge
and was sentenced to 99 years in
state prison in the assassination of
Dr. Martin Luther King Jr.
However, he said he disagreed
"with the theory that there was
no conspiracy" in King's death.
The guilty plea means R a y
will be eligible for parole in 33
crnr L~claar~r nu F ramn

be based on grounds of impinge-
to the state-defense arrangement ment of freedom of speech be-
for the guilty plea and 99-year Icause the protesters were partici-
sentence. pating in expression of opposition
King was shot once with a ri- to official opinion on welfare allo-
fle bullet, fired from a rooming cations.
house across the street from the He says there is also a possi-
Lorraine Motel last April 4. The bility of appealing on the basis
civil rights leader had come here of the number of challenges allot-
to lead a demonstration inbehalf ted to the defendants in Friday's
of the city's 1,200 garbage collec-
tors-most of them blacks-who trial.
. wro ,,i Normally state law entitles each

I
f

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