Page Eight' THE MICHIGAN! DRILY Wednesday, November 5, 1969 Page Eight THE MICHIGAN DAILY FLEMJNG TESTIFIES: No decision in LSA sit-in trial; Angry taxpayers kill income tax proposal move to disqualify Elden denied By LINDSAY CHANEY No decision was reached 11:30 p.m. yesterday in the of eight University students1 tried on charges of contentio their participation in the 25-26 sit-in in the LSA Bldg Earlier yesterday, Univ President Robben Fleming tes that on the evening of the he told the students they w violation of a University which prohibits unauthorized sons from occupying a Univ building after closing hour. Fleming said he told the dents that he would seek a injunction if they refused to the LSA Bldg. University B u i l d i n g Se Manager Theron Klager testified ;Elden. Presently there is dispute as of that he never asked any students as to what the term means. s to leave the building or stand W trials asd ote aioscol la When the trial convened, the tinalaside so the janitor~s could clean1 defense team filed a motion to being the area. He also stated that he I disqualify Judge Elden from pre- Sept. could not identify any of the eight siding at the trial, based on an . ;t.defendants as having been in the affidavit which claimed that Eld- . building on the evening of Sept. 25. en had a police radio with him on ersity The head janitor of the LSA Sept 25. tified Bldg., Arthur Rentz, testified sit-in that h saw six of the eight de- The defense also claimed that ere in fendants in the building on the Elden showed further undue in1- rule I per-, ersity stu- court, leave rvices' night of the sit-in. He said no stu- dents threatened him or were vio- lent, and he had denied students the use of custodial equipment when they asked to use it to help clean the building. A motion, introduced by defense lawyers to define contention early in the trail was disregarded by erest i the L &A sit-in ay stay- ing at the police station. When there is a motion to dis- qualify a judge, another court administrator must hear the motion. Elden appointed Judge Peter Thomassen to hear the dis- missal motion. The defense then filed a mo- tion to disqualify Thomassen from hearing the dismissal motion on the grounds that Thomassen is a professional associate of Elden and should therefore not hear thet motion. Elden then appointed himself the court administrator who would hear the dismissal motion against Thomassen. Elden denied the dismissal. charge against Thomassen. The group moved to Thomas-' sen's courtroom where the dis- missal charge against Elden wasE to be heard. Thomassen denied the motion to dismiss Elden. He based his deci- sion on the fact that Elden was due at a required meeting of all Michigan District Court judges in Detroit the next morning, and was therefore reasonably interested in knowing whether he would be needed for arraignment proceed-, ings that night. After the motion to dismiss Elden was denied, the group con-: sisting of the lawyers, defendants, spectators and Elden moved back to Elden's courtroom where the' sit-in trial began. The eight students are: Chris- tine Carron, LSA '73; Susan Ne- vile, Ed '71; Alethea Bothwell,' LSA '70; Daniel Weinstein: James Berger, LSA '69; Susan Ditkoff, Ed '71; Kathleen Kolman, RC '71; and Ronald Greiner, LSA '70. (Continued from Page1 } precinct of the First Ward - failed to pass the tax by only one vote. The students and the blacks -who usually can be counted on to vote heavily Democratic-did not turn out for this election. "Students didn't come out as strongly for the income tax as they did for Harris," Cress says. The student vote is credited with election of Harris last April. It is believed that the stu- dent vote was not mobilized on a large scale because some Democrats were afraid students would vote against the income tax. And, in fact, the tax would have hiked the taxes paid by some married students in low cost University housing who pay no property tax, but who would have paid a greater income tax. "The black vote was not as great as it was in April," said Albert Wheeler, former state president of the NAACP. "The vote would have been greater if we (the NAACP) had been able to put out an election bulletin as we usually do," he continued. Wheeler also feels that a sig- nificant number of the black community would have had to pay little or no additional tax, and would have been favorable to the proposal. But, he said, "the Democrats made a very low pitched approach and the voter education wasn't as good as it has been in the past." Some think the final major factor in the defeat of the in- come tax was Harris' failure to establish clear priorities for the spending of the additional rev- enue thatthe proposal would have raised. "The proposal lost because the mayor and the council didn't' establish priorities on how they were going to spend the money," said Jack Garris, chairman of the concerned Citizens of Ann' Arbor. "We believe the citizens of Ann Arbor are asking the Demo- cratic administration to review and carefully shape their spend- ing priorities," agreeds Brian Connelly, chairman of the Ci-ty Republican Party. The fiscal future of Ann Ar- bor is very uncertain. Harris said yesterday that he does not know what method of securing additional revenues he will pur- sue. He is considering holding an- other election on the income tax, seeking a special millage inc ease, or cutting back on city s m'vices. The chie opponents of the in- come tax. the Chamber of Coin- merce. the Board of Realtors and the Republican P rty all have said they are in favoR' of the concept of an income tax, but they do not feel it is cur- rent'y needed. A City income tax seems Qefinite'y in the future for Ain Abor; its passage is only a mat- te' of time. GRADUATE SCHOOL IN ENGLISH? Are you undecided or confused about which is the best Graduate School for you? I f so, come to the SYMPOSIUM ON GRADUATE STUDIES IN ENGLISH This W EDNESDAY, NOV. 5th, 7:30 P.M.-1 025 Ange1l Six Profe scrs to give advice and answer questions OPENS TONIGHT! Shakespeare's 8:00 P.M.-Trueblood Theatre, Frieze Building Box Office open until 8:00 P.M. 764-5587 SUBS(RIBE TO T HE MXHf6AN DAILY Gribbs, Lindsay, Stokes win (Continued from Page 1 } then that Lindsay did not stand a chance against Procaccino, who wvon the Democratic nomination by defeating four other candi- dates, including former Mayor Robert F. Wagner. Since 70 per cent of New York's voters are registered Democrats most knowledgeable observers pro- jected Procaccino as an easy winner. After Lindsay lost the Republi- can primary, his campaign work- ers conducted voter attitude sur- veys which indicated he had no chance of winning in the conser- vative Italian and Greek com- m unities, but was certain to carry the black commznunities, which represented 30 per cent of the vote. A Lindsay victory, the surveys' indicated, would require him to win 50 per cent of the Jewish vote, something which he did four years ago but now seemed un- likely. During his administration, Jew- ish communities have repeatedly accused Lindsay of catering only to the poor and black neighbor- hoods, at the expense of the mid- dle class citizens, The middle class has also ac- cused Lindsay of being responsible for a breakdown in law and order and an accompanying increase in crime. In his campaign, Lindsay sought to curb this image by appearing frequently in middle and upper middle class neighborhoods and taking action to increase t h e number of police, particularly at peak crime hours. In the end, the Mayor won tha endorsements of many liberal Re- publicans, led by Sen. Jacob K. Javits of New York, and liberal Democrats from Pearl Bailey to Arthur Goldberg, former associate justice of the Supreme Court, and a popular figure in New York City's Jewish neighborhoods. issue out of the city's growing, crime rate and failure of Stokes to increase manpower in the police department until he added 209 men within the last month. The' police themselves have been crit- ical of Stokes' police policies. Stokes has defended his ad- Politicians for and against him ministration and pointed gener- have agreed on the following rea- ally to programs he has started. sons for Lindasy's revival: -the splitting of the anti-Lind- say vote by Procaccino and Marchi; -months of relative calm in the city after sieges of racial ten- sion and labor troubles; - Procaccino's inability to pro- ject himself as a moderate Demo- crat with the stature of a Mayor. Election officials in Cleveland, estimated that 240,000 of the' city's 316,000 registered voters turned out yesterday. In 1967, Stokes was elected by; a margin of only 1,679 votes out of 257,000. The race between Stokes and Perk was rated a tossup by poli- tical observers and both Cleveland newspapers. 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