'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."