I Murder in ~4e Mir4ig~au Dailyj Seventy-nine years of editorial freedomn Edited and managed by students of the University of Michigan my heart for the Judge' 420 Maynard St., Ann Arbor, Mich. News Phone: 764-0552 Editorials printed in The Michigan Doily express the individual opinions of staff writers or the editors. This must be noted in all reprints. FRIDAY, OCTOBER 10, 1969 NIGHT EDITOR: JUDY SARASOHN ROTC: Modified into the ground THE REPORT of the Senate Assembly's Academic Affairs Committee on the status of ROTC at the University is a masterpiece of co-optation, and the co- opted party is the Department of Defense. The committee recommended that: -the ROTC programs be deprived of their departmental standing; --that instructors not be given aca- demic titles unless they hold regular academic appointments here; -that the military reimburse the Uni- versity for all services rendered (such as secretaries and classroom space); -and that a new committee be set up to oversee the ROTC programs. The report makes one concession, albeit a major one-it allows the Department of Defense to continue to operate an ROTC program here. At the same time, it with- draws all University support for the pro- gram leaving it only the barest formal recognition. The final version, in short, comes across as advertised earlier - ROTC would be "modified into the ground" if the recom- mendations were accepted. MORE SPECIFICALLY, the recommen- dations of the Senate Assembly com- mittee eliminate all the vital areas in which the University supported the pro- gram before. It was always a major concern to the three services that their ROTC programs be accredited as regular units of the Uni- versity. That was why they wanted de- partmental recognition and academic titles-it looked good. But the committee, recognizing finally the gross academic failings of ROTC, have completely undercut all such pre- tenses, and left behind only what the military wanted to hide under academic regalia-a recruitment program. What is left is the slightest possible University cooperation with the three ROTC programs, an agreement to let ROTC exist as a part-a slight part--of the University, nothing more. WHILE THE report of the committee as a whole is commendable, other com- mittee members did suggest an important addition that should not be ignored either by Senate Assembly or the Regents. Three professors recommended that the ROTC programs be barred from giv- ing "instruction specifically directed to- ward means for the destruction of human life"-in line with the University's policy on research. The recommendation, although com- mendable, does pinpoint the basic con- tradiction in the University's cooperation in any form with the ROTC programs. The University may try to cleanse itself by eliminating the specific military train- ing in the programs, but the larger goals of the program remain the same-to train soldiers whose task is war. But it is by keeping the ROTC program here that the University may be able to have some small effect on its product. That is, the alternatives now are com- plete severance, reducing ROTC to an extra-curricular activity, or this limited and limiting relation, with the University doing the limiting. Potential University control would lie in the hands of the proposed restructured and reconstituted ROTC Committee. The committee, under this report, would be responsible for: -evaluation of all personnel assigned to ROTC programs here by the military; -evaluation of the curricula of the ROTC programs (including supervision of the "instruction directed by the destruc- tion of human life" provision, if it is ap- proved); and -mediation between ROTC and stu- dents enrolled in the programs. This recommendation, on the face of it, is excellent, but it must prove itself in practice. UNFORTUNATELY, there are precedents that indicate things might be other- wise. This committee would succeed the pres- ent ROTC liaison committee, which 'also had the power to oversee all appoint- ments to the ROTC staff. But that power was never exercised by the committee, and became in the long run a paper pro- tection that the University was little in- clined to use. There seems to be no real protection against this happening save for constant vigilance on the part of those who would have ROTC be kept in its proper place- as an unpleasant but necessary addition to the community. BUT IF THE committee does not decay, it would have the power to make ROTC what it wants it to be, not what the De- fense Department wants. By keeping a careful watch over staff, and by using its power to reject proposed appointments liberally; by keeping a careful watch over the content of the ROTC programs; and by fighting to pro- tect students who get caught in ROTC and want out, the committee could force ROTC into a mold much more acceptable on a college campus. If all these provisos are met, and they are admittedly many and difficult, then the University will have an acceptable working relationship with ROTC. THE COMMITTEE was obviously aware of the negative reaction the Defense Department may have to its recommen- dations, and added a little recommenda- tion that covers that contingency very nicely. If the recommendations are not met by the Defense Department, the com- mittee wrote, then ROTC should be drop- ped and left as an extra-curricular ac- tivity. The minority report submitted by Prof. Eugene Litwak calling for a complete severance of the University's ties with ROTC is no less acceptable than the ma- jority report. The difference is political. We would prefer Prof. Litwak's stand that ROTC be dropped, but we think it is im- practical position at this point in time. The impracticality brings up one last point. This recommendation must still go to the Regents, and they are unlikely to go too far in limiting ROTC. It is in this light especially that the majority report, the best possible compromise, appears most acceptable. -RON LANDSMAN Managing Editor (EDITOR'S NOTE: This is the third and last part of a series describing the Writer's arrest and conuviction for possession of nari- juana. In this section Sinclair describes his last trial and the sub- sequent legal battles surrounding his imprisonment.) By JOHN SINCLAIR t WON'T EVEN try to describe the jury here - just go into a courtroom sometime and look at the jury for yourself, they're all pretty much the same especially in their exclusions. The jury was selected on June 24, 1967. By June 26, a mistrial was declared. The state's star witness Vahan Kapagian, had made, according to Columbo's ruling on the motion of my lawyer, Justin Ravitz, mis- leading, prejudicial, and otherwise false statements during his testi- mony before the jury. In, cross- examination Ravitz asked Kapa- gian if he had been to my apart- ment before the 22nd of December, 1966, and Kapagian replied, "yeah. I was up there when they were all smoking marijuana." The state- ment was not only misleading but it was completely untrue since he hadn't been there and I didn't even live there on that date. The mistrial postponed the trial for another month and gave us a chance to pick a new jury. Trial was set for the 21st of July but didn't start until the 22nd because our dear President Nixon pro- claimed Monday the 21st a na- tional holiday in honor of the re- turning moonmen. BY THE END of that week- Friday afternoon at 3 p.m.-the case went to the jury. During the trial Ravitz had demonstrated that the agents stories had no objective basis; that the agents had, ac- cording to their own story, ample opportunity to arrest me and to confiscate a bowl of marijuana they said I had in my possession on December 22 but didn't inform me of the alleged crime or arrest until over a month later, on Janu- ary 24, 1967; that the substance involved couldn't be proved to be marijuana by the state's chemist; and that the political situation at the time of the arrest was such that the police easily could have made up the story about alleged dispensing of the two joints be- tween 8:55 and 9:05 p.m. on De- cember 22, 1966, and just rounded mne up with 55 other people a month later just so they could letters f romn prison "get me,' as Lt. Stringfellow had promised before the "investiga- tion" began. The jury deliberated for an hour and five minutes before de- livering their verdict of "guilty as charged." Judge Colombo imme- diately revoked my bond and re- manded me to the Wayne County Jail, setting sentencing for Mon- day morning at 9:00 a.m. MONDAY MORNING the judge sentenced me to 9%-10 years in prison for possessing two mari- juana cigarettes. He said in his little sermon that he wasn't sen- tencing me because of my beliefs, he was sentencing me "because John Sinclair and his ilk believe they can defy the law with im- punity," or something like that- a nea exercise in newspeak double- talk. He also refused to set an appeal bond, basing his decision on his contention that I would "continue to commit" such dastardly crimes as possession of marijuana, even though I had been free on bond for 2% years on this case without a single arrest for marijuana crimes and had never missed a court date, and even though go- lombo knew there were substan- tial constitutional and other legal questions involved in my appeal which would eventually bring about a victory for me in the higher courts. Colombo's decision to withhold appeal bond in my case was a deli- berate and cynical act of political repression directed against a polit- ical activist in direct violation of constitutional provisions, just as his prosecution of me under the law was illegal and unconstitu- tional. But few judges, it seems, have any respect for the law when it doesn't suit their own prejudicies and desires. I WAS RETURNED to the Wayne County Jail that Monday morning and shipped to the South- ern Michigan State Prison at Jackson the next day. Ravitz and Otis filed an "emergency appli- cation for appeal bond" with the Michigan Court of Appeals the next day, but the appeals court turned it down without even read- ing the application or the sup- porting brief. It was enough for them to have read the newspapers. The appli- cation summarized the history of my case and contended that "the issues on appeal . . . are meritori- ous and substantial and have not been resolved in the appelate courts in this State nor in many other states around the country." Also the fact that the trial judge's ruling that the evidence had been obtained illegally but was still allowed as evidence against me, and the fact that the arrest was made more than a month after the alleged crime had been committted constituted an "unreasonable delay" which was "prejudicial to the defendants," were further "meritorious grounds for appeal," and further reasons why an appeal bond should be set pending the eventual outcome of the appeal. IN THE BRIEF supporting the application, which went to the State Supreme Court in Lansing, Michigan, Ravitz quotes U.S. Su- preme Court Justice William O. Douglas (in Carbo v. United States) on the legal bases for denying appeal bond to convicted felons: "Bail should not be granted where the offense of which the defendant has been convicted is an atrocious one, and there is danger that if he is given his free- dom he will commit another of like character . . . . Mreover where the constitutionality of an Act is at issue, the likelihood is not a proper circumstance to take into consideration . . . For it is deep-seated in our law that one may take his chances and defy a legislative act on constitutional ground." THESE STATEMENTS by a Supreme Court Justice would seem to answer Colombo's allegations and stipulations directly and plainly. The Michigan Supreme Court considered the "emergency appli- cation" for a period of six full weeks before handing down their decision, which is reprinted here in full: "On order of the Court, the emergency motion by defendant and appellant for oral argument on his application for leave to ap- peal is considered, and. the same is hereby DENIED. It is further ordered that the emergency ap- plication for leave to appeal from the order of the Court of Appeals denying bond is considered, and the same is hereby DENIED, as defendant ar1d appellant has failed to persuade the court that he nas a meritorious basis for appeal or that the determination of the Court of Appeals is clearly e - roneous." Six of these so-called Justices- Thomas Brennan, John Dethmers, Harry F. Kelly, Eugene Black, Thomas M. Kavanaugh, and Paul L. Adams--concurred on the ma- jority ruling, while only one--- Thomas Giles Kavanaugh, of Ann Arbor--apears to have even read the brief in support of the mo- tion. IN THE MEANTIME, while I wait to be heard in the Federal District Court in Detroit, the State Department of Corrections, Gus Harrison, Director, has sent me 500 miles north of Detroit, to the Marquette Branch Prison where I am effectively out of touch with my attornies and anyone else who can help me fight my case. But the political aspects of ny arrests,/ conviction, imprisonment and transfer have been so blatant that thousands of people have been able to relate to the illegal behavior of the so-called "law- and-order" advpcates in the co'irts and police stations, and each fu.- ther move the state makes against ne only serves to heighten the contradictions inherent in the system that has locked me up here in the cold north country. I may be in prison for a while, but for every day I'm locked up under these phony pretenses there wil be more and more people ask- ing more and more questions, won- dering why and how and when and knowing who is to blame for this travesty of justice-Mr. Colombo & the court conspiracy. And the sooner the people become aware of this conspiracy, the sooner it will be replaced by a system better suited to the needs of the people-- because the people deserve better treatment than this. And they will ge it. All Power to the People! All Justice to the People! LETTERS TO THE EDITOR: To the Editor: I USED TO do s o in e Sunday painting as a way of keeping sane. Feeling a need to resume this hob- by, I shopped around for art sup- plies the other day. I found the prices at the Discount Store to be distinctly advantageous, with sav- ings of 20 per cent and more. Se- lection was good, attitude of the sales clerks was outstanding, and the rock music in the background was not intolerable. -Arthur M. Ross Vice President State Relation and Planning Oct. 7 Radicals and Mobe To the Editor: IN THEIR EDITORIAL of Oc- tober 9, 1969, Bruce Levine and Steve Nissen criticize the antiwar movement's popular front char- acter. If the antiwar movement really fit the distorted definition rooves at SGC Discount Store of a popular front they give, their reservations would be justified. A popular front does "include as many people and groups as possi- ble" - but around goals which each group can wholeheartedly support, e.g., immediate with- drawal of all U.S. troops f r o m Vietnam. This is not accomplished "by throwing all the various po- litical positions together and cut- ting off all the rough edges. In order to eliminate dissension in the ranks, the front unifies around 'lowest denominator' politics." That strategy h a s plagued American radical politics at times. as in the Peace and Freedom con- glorherations, which tried to sup- press political differences. But the antiwar movement h a s rejected that pattern, and serves as an ex- ample of how political differences should be handled within a popu- lar front. In 1967, the movement was united only around the need for independent mass actions and the goal of ending the war. It was divided on the question of nego- tiations vs. withdrawal. The fight over that political difference was made through open political dis- cussion within 1 o c a l antiwar groups and at national conferenc- es, and through competition be- tween groups favoring different lines. That healthy political fight was won by the advocates of the line which presented the only real solution for Vietnam, self-deter- mination through immediate with- drawal of foreign troops f r o m Vietnam. But all during that fight, the unity of goals which did exist, which makes a popular front pos- sible, remained, and t h e move- ment pulled off the New York and Washington Mobilization in t h e midst of that fight. THE AUTHORS OF the editor- ial admit that, "If the two groups (radicals and liberal capitalists) differed only in diagnosis, Mobe- type unity would still be possi- ble." They make t h e important discrimination between differenc- es in political line and differences in prescription, which cannot be maintained for long within pop- ular fronts. They intelligently perceive the attempt being made by "corporate liberals" to chan- nel t h e antiwar movement into h a r m 1 e s s, reformist, capitalist electoral politics. One wing of this country's leadership has been try- ing to use and divert the antiwar movement for years. But it is the movement t h a t poses an alternative to capitalist electoral deceit, that keeps mass- es in the streets, that is gaining at their expense. The Vietnam Moratorium of October 15 has changed in character through the participation and leadership of the radical antiwar movement, until now it is predominantly a day of militant, nationally coordinated student strikes and mass demon- strations, calling f o r immediate withdrawal of U.S. troops. The lib- erals want to use the Moratorium, but they can't join it unless they are willing to embrace its objec- tively anti-imperialist demands. Sure the Quenon's and Fleming's sneak at ourraies.So d n Tom tionary struggles around t h e world. His analysis should tell him that the task of paramount im- portance today is to b u i I d the movement that can force an end to that war. It is the responsibility of radicals to "announce their pol- itics." Radicals in the antiwar movement do so, and in so doing offer the only cogent explanation of America's refusal to heed the w ill of its people on Vietnam. Their politics spread through the antiwar activists' ranks and their numbers grow. Radicals who re- treat from the point of struggle at the first sight of a liberal. to an office from which they c a n "announce their politics," offer a politics pf defeat. -Andy Bustin Ann Arbor Young Socialist Alliance Tenu re procedures Dear Editor: THOSE OF US investigating tenure procedures of LSA h a v e b e g u n to formulate various specific proposals to encourage more student in-put for such con- siderations. Examples would be considering e a e h man's course evaluation along with his publish- ing and establishing a channel for letters of students regarding the faculty member as a teacher. Such feed-in would require circulation of the names of faculty members up for tenure. Because of the dif- ficulty in gathering information from the many departments and because these particular proposals lead to larger, more theoretical questions, we are submitting this letter to generate response. Since tenure decisions involve considerations of many facets of a professor's activities, discussion of tenure implies the question, "What makes a good professor?" How do we allow for differing needs and talents? What is the order of pri- orities for a professor at a uni- versity like Michigan? How should We ask faculty, students, and administrators to respond to these questions, through this column or by leaving statements to our at- tention in 1018 Angell Hall. -Robert Marx -Sanford Levy -Ellen Aprill BLS. recruitmnt To the Editor: YOUR ARTICLE on the law school dated October 8 ends with the sentence "The members of the BLSA were also free to re- cruit," the implication being that the Law School made no efforts to cooperate with the Black Law Students Alliance in its efforts to attract more and better students to the Law School. Nothing could be further from the truth. In 1968-1969 more than $1,500 was spent by the law school in send- ing eight students (all who ex- pressed interest) to the following schools: University of North Caro- lina, North Carolina College, Duke, Shaw, North Carolina State, North Carolina A&T, Uni- versity of North Carolina at Greensboro, CCNY. Queens Col- lege, Columbia, NYU, Hunter Col- lege, University of San Francisco, San Jose State, University of Cal- ifornia at Berkeley, Stanford, Fisk, Morehouse and the Atlanta complex, and Howard. The black law students were free to select the schools th2y visited but it was clear that they had the financial support and co- operation of the school through- out. I LOOK FORWARD to working on this year's recruitment e f f o r t with the BLSA once the present period of erroneous claims and dramatization has.-passed. -Matthew P. McCauley _ r - --count -LE-MS IL- - L 5OTIR 5IUR E RSM eeNTk' u t __ - tr~ravka r1,4 -~ JJI1I PA~~j'r K \recordso1u- Wt.*tiFLEA