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April 04, 1969 - Image 10

Resource type:
The Michigan Daily, 1969-04-04

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rPage Ten


Friday, April. 4, 1969


Frdy Arl4,16

EDITOR'S NOTE: The following is We fa
the major portion of the text of a controve
statement issued by the Central
Student Judiciary, explaining their elements
action yesterday suspending all The poll
proceedings in the trial of eight a shadov
SDS mnembers. The trial will be tur
resumed when CSJ receives "ac- to US, r
ceptable" answers to the questions ?.result.
listed at the'end of this document. Thisi
We normally seek to proceed as domesti
promptly as possible with con- tory life
sideration and disposition of the ties whi
matters brought on before us. We vite, leg
do this both in aid of the con- The le
venience of the parties, and in Universi
obedience to the judicial due pro- the civil
cess enjoined on us by the Student more pi
Bill of Rights, which is declared merely,
a source of law for us by the Stu- tives, to
dent Government Council Con- We, w
stitution. . ' cannot
Nevertheless, in the matter ants het
brought before us today, the same vision 1
concerns which usually urge speed, posite -
call on us to delay. We accept sume th
jurisdiction of this case, but sus- consent
pend all further proceedings until but comi
certain questions ... have received less pala
formal and definite responses. who sta
We certify these questions be- do not,
cause, for the first time since We h
Fall, 1967, we find before us a case required
which cannot be fairly adjudicated of Righ
by us . . . without a prior clarifi- coercive
cation of the legal status of this and del
body, and its relationship to other cised.
University entities. There
In all the cases hitherto before ent, fac
us since Fall, 1967, the parties ac- we re-e3
cepted our. authority to give a fore pr(
final and binding adjudication of This is t
the controversy. This jurisdiction- interpre
by-consent is the first basis of our ments of
authority. versity
Secondly, the student commu- this cas
nity desires an impartial and com- stitution
petent tribunal to settle its con- In the
troversies, and acquiesces -iuntil we must
this date =~- in our assumption of before u
this duty. the dam
The final basis of our authority proceed.
is the willingness of the student for this
body to thwart and defeat efforts ceeding
by faculty or administrative per- the diffi
sonnel to usurp the judging of as our ji
student controversies, or the pun- Our s
ishment of nonacademic miscon- problem
duct of student defendants. (1) D
It is also true that a disputed fendant
and perhaps uncertain tie .xists, ters nom
which in the eye of the legal sys- convicti
tem entitles us to act as agents of other, in
the Board of Regents, delegates other U:
of the powers entrusted to them we wou]
by the Constitution of this State. Presideu
In every case previously before tection
us, we proceeded with the highest sure to
possible authority - theeconsent to the 1
of the parties, freely given. And -
with an authority collateral and
supplemental thereto, there was
confidence throughout the con- CORR
munity in our undertaking, and a for SF
resulting protection against chal-
lenges to our work. In such cases, is MA
the clarification of our legal ties report(
would add nothing to the moral
authority, and little to the prac- dar in
tical effect, of our deliberations. The D
In this case, however, all is

from text of CSI



p om

ace for the first time a
rsy of great concern to:
s outside this institution.
ice power, until now never
w behind the cases brought
ises here, watchful of our
is not a dispute over the
c arrangements of dormi-
. It is a matter with penal-
bh well may require, or in-
al enforcement.
egal coercive powers of the
ty's administration, and
i authorities, are further-.
resent not as enforcers
but possibly as alterna-
our own dispositions.
who perceive this sharply, .
presume that the defend-
re brought to us have a
ess clear. Quite the op-
- we must conclusively pre-
lat the defendants do not
freely to our jurisdiction,
e instead from fear of even
atable judges, or enforcers,
end behind us, to act, if we
in this case.
old that judicial fairness
of us by the Student Bill
ts demands that such a
jurisdiction be defined
imited, before it is exer-
is a second,. and independ-
tor which also requires that
,amine our authority be-
┬░oceeding with this case.
he unfortunate widespread
tation of the public com-
f the President of the Uni-
regarding the test which
se poses for our own in-
aal survival or extinction.
ese peculiar circumstances,
, before calling the parties
s, search for ways to mend
rage done to our ability to
to a fair judgement. And
unhappy manner of pro-
we again can only plead
iculty of our circumstances
search brings us to these
ouble Jeopardy: The de-
cannot be sure, as mat-
w stand, that acquittal or
on by us will be a bar to
ndependent proceedings by
niversity agencies. Though
ld willingly assume that
nt Fleming intends the pro-,
we desire but cannot as-
the defendants, in fairnessr
atter we cannot speak for
ECTION - The date
pring Commencement

him, but must ask him to speak to us in such uncertainty of their
for himself on this point. rights.
(2) The enforceability of our (4) Our own ability to judge
decision: The nompainats hr impartially: The innuendo some
decision: The complainantsehave have found in President Flemning's
rights to be protected; they dohaefudiPrsenFlmgs
not mstatements, that we must please
cme before us as cats-pawhim in our result or be dismissed
of other interests, but as aggrieved from our position, must be erased
parties under the rules of Central frmorpstoms eeae
Student Judiciary, seeking to win on the highest authority.
'e r., iThese problems, we believe,
protection regardless, and ide ust find solutions before we pro-
pendent of, -adm istrative con- -ceed. It is our decision, then, to
venience or embarrassment in fu- certify these questions to the Pres-
filling our judgement. Yet as mat- ident of the University, who, as a
now stand, we would proceedman trained in law and aware of
unable to say that the University itsn
is by its administration, must be, as we
S its own rules committed to unt him, among the most eager
legally enforcing any judgement to contribute a solution to these
we make in conformity with our difficulties:
rules. -Under which Regental Bylaws
(3) The validity of our rules of and executive decisions are we em-
procedure: We must, if we act at powered to hear this case?
all, act in accord with the rules -Under the terms of the above
that the Student Government authority, may we hear' the case
Council Constitution and our in obedience to our Constitution
Manual prescribe for us. Yet we! and Manual?
cannot assure the parties that -Is the University committed
they may relly on these for their to enforcing any decision we nake,
protection, and raise them as ob- proper under the Constitution and
jections in subsequent appeals. We Manual, subject only to rights of
cannot require the parties to come appeal as specified and limited by

the above documents, and the fac-
ulty's right to review expulsions
and suspensions?
-Will the University be bound,
in any subsequent legal proceed-
ings arising from this controversy,
by the findings of fact properly
made by us from the record of the
-Is 'the University committed
not to adjudicate before any of
its agencies the cases we decide,
properly brought before us under
our Manual and Constitution?
-Is the University committed
not to revoke our juridiction, e.g.
by the establishment of an ad hoc
tribunal, except to replace us by
a body of enduring authority?"
Dated: April 3, 1969
-Marc Wohl
Chairman, Central
Student Judiciary
-Hamilton Pitt
-Jeff Hansen
-Barbara Addison
-William Bleich
-Alec Nelson
-Larry Glover
-Jane Hoffman
-Daniel Share

(Continued from Page 3)
lected Colleges," on Friday, April 4 at
2:00 p.m. in West Alcove. Rackham
Building, Chairman: R. J. Young.
Dorothy Florence Patterson, Speech,
Dissertation: "An Historical, Descrip-
tive Study of the Televiison Teaching
'of Spanish in the Detroit Public.-
Schools Followinghthe Principles of
Foreign Languages in the Elementary
Sehool (FLES)," on Friday, April 4,
1969, at 3:15 p.m. in Room 2020 Frieze
Building, Chairman: E. E. Willis.
Alan Heezen, Mathematics, Disserta-
tion: "Some Subgroups of the Finite
IUnitary Group," on Friday, April 4 at
4:00 p.m. in Room y3231Angell Hall,
Chairman: J. E. McLaughlin.


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A onll y t4d D ie,( IVE
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TkAwK y

CL 4AJ 7 G -)


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kY 3,
red in

not April 26 as
the UAC calen-

the April 1 issue of

a i y.



- mmwmm i LM

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