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January 27, 1966 - Image 1

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Text
Publication:
The Michigan Daily, 1966-01-27

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'U' COULD INITIATE
FREE UNIVERSITY
See Editorial Page

5k ir~gau

:43 a it

BRISK
High-18
Low--5
Cloudy and cold,
intermittent snow flurries

Seventy-Five Years of Editorial Freedom

VOL. LXXVI, No. 102

ANN ARBOR, MICHIGAN, THURSDAY, JANUARY 27, 1966

SEVEN CENTS

EIGHT PAGES

Major

Part

of

Protestors'

Case

Ruled

Irrelevant

By CHARLOTTE A. WOLTER not there had been a violation of the defense based on the free
the Michigan state law against speech principle.
Judge James Breakey, put a trPrsassinn Therefore the arou

---t- w.- --jNuv w ,urenassng.'1'ereIre.une a -g

quick stop yesterday to hopes that
the appeal trial of the 29 pro-
testors being tried in Circuit Court
would result in a reversal of their
convition for trespassing, when
he ruled the major part of the
case for the defense to be irrele-
vant to the case.
The defense attorney, Ernest
Goodman, had attempted to set
before the court an argument
based on the concept of protest
as a form of free speech, which
would thereby be protected by the
First Amendment. He also wished
to argue that under rulings of the
Nuremburg Judgement, and other
international agreements, the pro-
testors were obliged to protest
against a war that they felt to

t

Lt G?. g4. 7i . li LV , tA gi~ jU
ments of the defense, which freely
admitted that there had been an
infraction of a minor law protect-
ing property rights, could not be
accepted by the court.
The trial began with a state-
ment by Frank W. Delhey, at-
torney for the prosecution, which
outlined the events which took
place last Oct. 15 at the office of
the Selective Service in Ann Arbor.
Delhey stated that he would at-
tempt to prove that the pro-
testors, by being in the office after
it had officially been closed, were
in violation of the trespassing law.
Goodman then rose to outline
his defense, 'an unusual move as
the defense attorney usually waits
until the prosecution has rested

I

A long discussion followed be-
tween Goodman and Breakey in
which Goodman argued that when
there is a conflict of interest be-
tween the right of free speech and
peaceful protest and the necessity
to protect private property .rights,
a judgement should be made be-
tween the two. Goodman argued
that the right of free speech, as
protected by the first amendment,I
was more important.
After Breakey had refused toE
accept the defense case, the prose-
cution called several witnesses to
support its contentions. Harold
Olsen, captain of detectives of the
Ann Arbor police force, was asked
to describe what he had seen in
the Selective Service office the
afternoon of the protest. Olsen
replied that the defendants were
in the office after the closing time
and submitted pictures of each

defendant with a map of the
office.
The other witnesses were also
asked to confirm that the demon-
strators were in the office after
the official closing time. Norman
Olmstead, dectective sergeant of
the Ann Arbor police submitted
pictures of the demonstrators
which were taken in the office.
Then, Ronald Donaldson, also
a Detective Sergeant, presented to
the court a tape recording of the
actions just prior to and at the
time of the arrest.
The tape recording confirmed
that Deputy Chief of Police Walter
Krasny had informed the defen-
dants that the building would be
officially closed at 6:00 p.m. and
of the penalties that they wodid
face if they did not leave. It also
confirmed that Lt. Col. Robert
W. Lundquist, the officer in charge
of the office that day, then an-
nounced to the demonstrators that

the building was officially closed. of the Selective Service could not
Five minutes later the demon- officially close it.
strators were told that they were -That the United States gov-
under arrest. ernment was not technically a
After the prosecution rested its, person and could not make a com-

-That, although the U.S. gov-'
ernment was not technically a per-
sor, the government offices and
personnel in the same building as
other offices were entitled to the
same protection as those offices.,

Goodman commented later that
the refusal of the court to accept
his arguments had not been un-
expected but that he had hoped
that they would be. He explained
that it was not customary for a
Inro1 .mirt t.il pl.nn rak nrhnr

case at this point, Goodman made

' a motion for a direct verdict ofj
not guilty, based on six points:
-That it was necessary to read
into the statute that the action1
had been willfull to be considered
a trespass. Otherwise, Goodman
contended, the law was uncon-
stitutional.
-That a similar provision mustj
be made for "specific intent" toI
break a law.
-That the property was leased
by the United States government
and was public property. There-
fore, it did not come under the
state trespass law.;
-That the Department of Gen-'
eral Services of the Armed Forces
had leased the office, and there-1
fore Lundquist as a representative

it

plaint through this statute.
-That the statute, if applied in
this case would be unconstitu-
tional under the First and Four-
teenth Amendments.
Breakey replied:
-That willfulness and specific
intent did not have to be read
into the law to make it constitu-
tional as the statute was clear in'
its statement.
-That the office was not a
public area and did come under
the statute.
-That, although the Depart-
ment of General Services had,
signed tho lease, the trespass sta-
tute specifically stated that an
individual could be charged "upon
being notified by the owner or
occupant" of a trespass.

-That the argument for the bic juicaleces mghne
protection of free speech under basic judicial precedents might be
the First Amendment could not set'
be accepted as it wa' earlier found He added that, the purpose of
not applicable to the facts of the the case was not the legalization
'case. Breakey, disagreed with of civil disobedience, but the es-
Goodman that the right of free tablishment of a precedent that
speech, when balanced against any case of civil disobedience be
control of property, must prevail considered on its own merits to
in this case. He said. "There comes decide whether the right of free
a time when the right to protest speech and protest or the right
does not entitle one to exercise of property control were more im-
that right where the right to portant.
normal safety, service of facilities The appeal trial will continue
and health are denied." Friday mgrning with the presen-
At this point, the defense asked tation of the defense case. After
for an adjournment until Friday the completion of the appeal trial,
so that it could prepare its case seven protestors who have plead
further, and the court was guilty to the charge of trespassing
adjourned. will be sentenced.

be illegal. its case before making his open-
Breakey, however, ruled that ing statement. The, purpose of
the only question under considera- this was to get a quick ruling on
tion by the court was whether or the acceptability of the case for

What's New

Committee Formed To Examine

At 764-1817
Hotline
The institute of labor and industrial relations has announced
that the University will withdraw from the controversial Willow
Village anti-poverty program when its grant expires in April.
The project is a joint experiment begun last year by the
University and Wayne State University under the control of the
federal Office of Economic Opportunity. It was established to
determine whether residents of an "urban fringe povery pocket"
can organize and manage an anti-poverty program on their own.
A controversy began when several groups criticized the pro-
gram on the grounds that the Willow Village area, near Ypsi-
lanti, was prospering and was not a valid test location. The Office
of Economic Opportunity is now re-evaluating the program and
will make a decision within a month on whether it will renew
the original $188,000 grant.
The Student Advisory Committee for the Residential College
decided last night to split into two study groups. One would work
on the topic of curriculum and independent study and the other
will work on student-faculty government and grading systems.
The committee proposed that the faculty members on the resi-
dential college committee meet with the study groups.
Burton Thuma, dean of the residential college, reported that
a new comprehensive report on the college will be ready in two
weeks and will contain more detailed information on curriculum,
housing and site plans.
Student Government Council may consider at its meeting
tonight a proposal concerning student participation in selecting
a new president of the University. Interviews will, also be held to
fill Sue Ness', '68, recently vacated position as member of SGC. A
proposal to appoint two ex-officio members to the newly created
Ann Arbor Housing Association will also be voted on.
Selections are now in process for the University Activities
Award, given yearly by the student relations board of the de-
velopment council. Five awards of $1500 each will be given to
senior students who have made outstanding contributions to the
University through participation in student activities and service.
More than 40 seniors have already been nominated and
application forms for'students who have not been nominated are
avialable in room 404 of the Union. These must be completed
and returned by Friday, Feb. 4. The awards will be presented at
the development council concert on Feb. 19, which features the
Chad Mitchell Trio.
Congressman Weston E. Vivian (D-Mich) has announced
that as part of an expanded program of graduate research assist-
an'ce, the University has been awarded more than $600,000 for
research traineeships. This includes extension of 65 present
grants and the establishment of 52 new traineeships to begin in
the fall of this year.
The NSF traineeship program, providing basic stipends of
about $2400 for advanced study has been expanded to cover many
fields. These grants, presently being awarded at 193 schools are
given for research on specific projects, may be renewed yearly
and are supplemented by assistance from the University.

Discrimination

in

Sororities

State Board
To Confer,
In Flint
(_itizens To Discuss
Future of 'U' Branch
With Education Heads
By ROBERT KLIVANS
The Michigan State Board of'
Education yesterday accepted an
invitation to meet publicly with
the Flint Citizens Committee in
Flint on Jan. 30 to discuss the
future of the University's Flint
branch.
"There is hope that Flint and
the state board will find common
ground for the future of higher
education in Flint with the Uni-
versty playing an essential role,"
said Donald M.D. Thurber, a mem-
ber of the board.
The two committees will discuss
the earlier board ruling which
recommended t h a t the Flint
branch become an autonomous,
four year school. Neither Univer-
sity nor Flint officials have indi-
cated a change in their plans of,
developing the institution as a
branch of the University.
The Flint Citizens Committee
met on Jan. 21 and tabled a deci-
sion on whether to meet with the
board. Between then and yester-
day's board meeting, the commit-
tee decided to go ahead with the
conference.
In other action, thedboard ac-
cepted the plan presented two'
weeks ago for the preparation of

' -Daily-David Rubenstein
THERE ''ERE SOME TENSE MOMENTS LAST NIGHT for the supporters of the Panhellenic resolution establishing a membership
committee to combat discrimination. Above are President Laura Fitch at center, Executive Vice-President Sherry Pastor to her right and
Public Relations Chairman Pam. Swart to her left before the vote was taken.
PRE-BROADWAY PRODUCTION:
'U' Presents 'The Days Between'
t

.add No-Bias
Clause to
Constitution
Resolution Passed
By Bare Majority;
Three Abstentions
By CAROLE KAPLAN
"Thcre was rejoicing among the
Panhellenic executive committee
last night when Panhellenic As-
'sociation, after. months of dis-
cussion and several delays, pass-
ed the resolution which . incorpor-
ates a nondiscriminatory clause
into its constitution and provides
for the establishment of -a Pan-
hellenic membership committee to
investigate and combat discrimi.-
nation in sorority membership. se-
lection policies.
Panhel President Laura Fitch,
'66 said last night "I am very
happy" that it passed. I think i.
is a very effective and positive
step." Miss Fitch, backed unani-
mously by the other members of
the executive committe, has,
worked continuously since taking
office last spring to achieve a
definite commitment by Panhel
against discrimination in mem-
bership selection
The proposal, which takes the
form of a new bylaw to, the Pan-
hel constitution, received exactly
the two-thirds majority it needed;
21 for, seven against, with three
abstentions.
Bylaw
The, bylaw reads : "It shall be
the policy of the Panhellenic° As-
sociation that member sororities
shall select their members~ with-
out regard to race, color, creed,
religion, national origin or ances-
try." It then establishes a minm-
bership committee o~f five soror-
ity women, appointed by the exec-
utive committee, whose function
will be to "investigate violations
of the bylaw" and."seek compli-
ance with this _policy."
In the case of an indictment
by the membership committee,
Panhel's presidents' council has
the power to enforce the article,
the maximum penalty being the
loss, of all sorority privileges. Any
penalty imposed may be appealed
to the executive committee.
Lynn Lewis, assistant to the
director of student activities and
organizations and adviser to Pan-
hellenic, expressed less enthus-
iasm than the Panhel executive
committee members. Miss Lewis
said last night that although she
is pleased that the resolution pass-
ed, because "I think students
should have a voice in important
issues, and should handle their
own affairs," she forsees the pos-
sibility of some problems./
When the idea of a Panhel
membership committee was first
seriously discussed, strong oppo-

I,
1
I,

MORE FREEDOM:
Optional Counseling
Adopted by Literary

a master plan for state educa- By JOHN CRUMB, JR. also receives graduated royalties disagree. I think the play is a The story depends on the.au-
tion. The plan calls for the estab- based on box office returns, mak- little too special for the average dience's ability to sympathize with
lishment of a "task force" and the A new organization called the ing him financially independent entertainment seeker. But what of
appointment of a project director, American Playwrights Theatre is to rewrite and polish his play It? It is preposterous that Broad- a man who was willing to sacri-
who has not yet been selected. trying to turn the tables on Broad- "There is already a competition way should be the only yardstick fice his family's personal or com-
In addition, the board granted a way in order to give educational among playwrights to have their of success. Praise to APT; 'The munit~y comfort for an artistic
limited doctoral program in chem- and community theatres a first manuscripts accepted," Halstead Days Between' is now getting the ambition; then finds after wait.
istry. to Western Michigan Uni- chance at new plays. said. "A professional playwright big and thoughtful audience it ing 10 years that he has nothing
It is through cooperation with could not otherwise test his play deserves." to write.
versity._the APT that the University without seeming to have lost his
Players are prodiucing Robert An- confidence."
dehson's new play, "The Days Be- Non-Profit
tween," Feb. 2-5, prior to a Broad- APT is a non-profit organiza- E v aluation B oo
way showing. tion, operating on a $50 subscrip-
APT was founded last year at tion fee charged to member thea-
y sten Ohio State University by the tre groups. By paying the sub-
American Educational Theatre scription fee, University Players M oves1to C om pletion
Association and the American Na- has the right to accept or reject
tional Theatre, and Academy. the play. -
.C ollege Prof. William P. Halstead and Seemingly, the APT's system is By RANDY FROST rush," Cooper explained.
Richard J. Burgwin of the speech open to abuse. However, there is The committee directing and fi-
department represented the Uni- no obligation on the part of the "It appears that enough people nancing the drive includes repre-
more than someone who must be versity as a point founder. participating theatres to accept have been found to tabulate the sentatives from Student Govern-
signed for. A committee chosen by AETA the APT's choice, or produce it, responses to the Course Evalua- ment Council, Inter-Fraternity
The program, for second semes- and ANTA selected Anderson's nor are they penalized for not tion Questionnaires," Charles Coo- Council, Interquadrangle Council,
ter sophomores only, begins at play from manuscripts submit- producing it. APT's existence is per, '66, member of Student Gov- Assembly Association, Panhellenic,
pre-classification in February. ted by a number of established completely dependent on educa- ernment Council and the Course Literary School Steering Commit-
Students interested in joining playwrights. Then it had to be tional theatre's favor. It must al- Evaluation Committee, said yes- tee, the Honors Steering Commit-
the program will have an extended approved by at least 50 of the so offer advantages to its sub- terday. tee, and University Activities Cen-
session with their counselor. The 150 theatres subscribing to APT. scribers. The progress of the course eval-. ter..
student brings to this meeting a The APT gets rights to plays Contacts uation booklet had been "stalled" The booklet, when completed,
written statement of his educa- for only one year. At the end of Besides the communication be- for lack of personnel and the com- is expected to serve as a guide to
tional goals which should answer this time the author may release tween the playwright and sub- mittee hopes that tabulation can the student in choosing his cours-
the following questions: his play to commercial interests scribing theatres, there is an es- be completed in a concentrated ef- es, a tool for professors in evalu-

By MICHAEL HEFFER
The literary college junior-
senior counseling office has adqpt-
ed an optional counseling plan
that gives students more freedom
in choosing their courses, includ-
ing the right to write out and sign
their own election cards.
James Shaw, chairman of the
office, said the program provides
"extended counseling at two cru-

counselors see it as six hours each
week signing cards.
"The ideals of counseling are
seldom realized under this sys-
tem," Shaw said. Therefore, "in an
attempt to give students deeper,
more personalized counseling when
they need it, and free them from
counseling when they do not need
it, we have set up this experi-
mental program."

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