/ PRO N O
VOL. LXXVI, No. 84
By ROGER RAP'9RT
The Detroit law firm which re-
ported at the Dembr 17 Re-
gents meeting that e nt Eugtne
Power is not involved any sub-
stantial conflict of ite*8t, has
sent a private letterto key ad-
ministrators suggest g .hanges
in the University's relationship
with University Mtofilms Inc.
Executive Vice-P sdent Mar-
vin Niehuss said ht night that
this second letter vas an advisory
opinion desigigd .oi future guid-
ance. It will probrbly be consider-
ed after the atorney general's
report on the Unversity's relation-
ship with UMI is released.
Michigan Depity Attorney Gen-
eral Leon Colan said that his
office is "in th, process of getting
hold of that second communica-
tion. It will e of interest to us in
the prepar tion of the official
U ISupport in
AAUP, ACLU Give
Added Backinig in
By JAMES SCHUTZE
The controversial attempt of a
former. Michigan State graduate
student to win readmission to
MSU through a courtroom battle
took two important new turns
during the last two weeks, as the
East Lansing branches of both the
American Civil Liberties Union
and the American Association of
University Profesors filed briefs
in District Court favoring the
The 24-year-old former history
student, Paul Schiff, found both
developments "encouraging." MSU
administrators were not available
for comment yesterday.
The motion filed last week in
District Court by Kenneth Laing
of the American Civil Liberties
Union reiterates the charge that
Schiff is being denied readmission
for the exercise of his first amend-
ment rights and claims further
that, the hearing given him by
the \university was unfair, and
that he is now being denied re-
adn ssion because he is engaged
S in suit against the university.
ae motion asks for an injunc-
against MSU demanding that
iff be readmitted until the
rt has delivered a final opinion
the case. The court has not yet
a date for a hearing on this
Seventy-Five Years of Editorial Freedom
ANN ARBOR, MICHIGAN, THURSDAY, JANUARY 6, 1966
opinion concerning Mr. Power."
Cohan added that the opinion
on a possible conflict of interest
would probably be issued within
the next two weeks.
Cohan said that the opinion
will probably "indicate general
guidelines" on the conflict of in-
terest question for public officials.
Power was unavailable for com-
Rep. Jack Faxon (D-Detroit),
chairman of the Subcommittee
on Higher Education of the House
Committee for Ways and Means,
said yesterday that his commit-,
tee "definitely intends to work on
legislation dealing with conflict
of interest of public officials and
state employes as a means of
properly concluding the Power
An informed source indicated
that suggestions in the private
letter from Butzel, Eaman, Long,
Gust and Kennedy, the Detroit
law firm hired by the University
to give a legal opinion on the
situation, made specific reference
to changing the University's
agreement on the microfilming of
Another source explained that;
the letter suggested the University
should not furnish UMI any
services unavailable to other
The second letter also suggested
the posting of an established gen-
eral rate schedule at the Univer-
sity's photoduplication service.
At present UMI pays 4.5c per
photocopy for all orders under
1000 at the University's photo-
duplication service. The rate
charged other firms, according to
an auditor general's report re-
leased last month, is 5c for each
item in orders under 100 and 4.5c
each in orders over 1000.
Niehuss added that the secondj
letter "sets forth a course of
action, and suggests procedures
designed to prevent the possibility
of any reasonable criticism in the
Both letters from the law firm
were reportedly sent in mid-
December. However only one was
released publicly. At the Dec. 17
Regents meeting the conclusion of
the first letter was read: "It can-
not be fairly . . . said that Regent
Mr. Eugene F. Power at the pres-
ent time has or, during the period
of his holding the office since
Jan. 1, 1956, had a 'conflict of
interest' either substantial or
within the provisions of Act 107
of 1873 .. ."
The letters were based on the
University's 147 page report on
its relationship with University
The long University report it-,
self provided the basis for the
University's legal opinion, and the
auditor general's opinicn.
The report is liberally filled
with both fact and feeling on the
The report.-states, for example,
that the total amount paid out
of University funds from January
1, 1956 to October 31, 1965 to
University Microfilms Limited was
$613.94. Apparently University
Microfilms Limited is not directly
related to University Microfilms
Dr. Frederick Wagman, director
of the library explains that he did
not request a royalty on sales of
the Undergraduate Library shelf-
list because his "personal point
of view is that the librarians who
require or accept royalties are
working against the best interest
of libraries since the entrepreneur
is due to add the royalty to his,
cost. . . . In the long run this office. This approval was not ob-
mererly contributes to a system tained.
that compels libraries to pay more The auditor general's report
for the reprint publications they cites this unauthorized contract
buy and handicaps small and poor as one of the two publications in-
libraries that would be the most volved in the conflict of interest.
likely customers for the product. Perhaps the most painstaking
I consider it short sighted and document in the report is a paper
against the national interest." by Robert H. Muller, assistant
director of the General Library,
byrseeaglothere idividu contained in the University re-
amongathem Dr PhidivWernest port.
among them Dr. Phillip Wernette He reports that when the re-
of the Business School who says lationship with UMI began, "Mr.
he considers the activities of UMI W. W. Bishop (director of the
"a real service to the Michigan library) wrote in 1938, with ref-
Business Review."erence to the arrangement with
Dr. Wernette, who edits the Power, that he would much prefer
Review, reports that he signed a to do the microfilming in the
contract to allow the microfilming library, but that space and funds
company to reproduce the maga- were not available at that time."
zine. Dr. Wernette was unauthor- .' Muller points out that the orig-
ized to sign the contract. All con- inal agreement with Power in 1938
tracts of this kind require ap- was changed in 1944. The agree-
proval, of the University's legal ment "apparently proved unsatis-
factory because library materials
that had been taken to Mr. Pow-
er's laboratory were needed on the
campus' and were not returned
with sufficient promptness by
Muller goes into elaborate de-
tail to explain how the University
inadvertently failed to change the
wording of the agreement on the
microfilming of doctoral theses.
Currently the agreement gives,
the University the right to micro-
film and store the theses, but
actually UMI does this.
Apparently an honest mistake,
a clerical error in the routing of
correspondence on the wording of
the agreement, .resulted in the
Observes Muller, "This sounds
almost like a story by Kafka.
Apparently the truth is stranger
A site in Northfield Township is listed among the top eight
locations still being considered for a $350 million particle accelerator.
A team of selection officials headed by Dr. Emmanuel Piore of
the academy will visit the site tomorrow. There will be no official
conference, but a group of experts from the University is being
mobilized to answer questions from the committee.
* * * *
Hearings begin Jan. 12 on the temporary injunction filed by
the University last Dec. 15 to prevent the State Labor Mediation
Board from considering union petitions asking representation as
bargaining agents for University employes.
University attorney William Lemmer said that the hearings,
postponed from Dec. 29 by Attorney General Frank Kelley, will be
held before Judge William T. Ager in Washtenaw County Circuit
Court, with representatives from the University and Kelley's office.
In an opinion issued last Nov. 23, Kelley upheld Public Act 379,
an amendment to the Hutchinson Act, which grants public employes
the right, to organize and elect a collective bargaining agent. This
decision defined University workers as public employes and the
Regents as their public employer.
University administrators have objected that this ruling infringes
on the autonomy granted the University by the State Constitution
over general supervision of the University and control of its funds.
* * *
Prof. James McKeachie, chairman of the psychology department,
has pointed out two errors in an article published in the Dec. 7
issue of the Daily on the course evaluation booklet.
McKeachie said that he has never seen the Cornell University
form and has not judged it "to be the best course evaluation form
in the country," as the Daily reported.
He also said that it is untrue that a return of four question-
naires is sufficient to give an accurate picture of the course. "The
number of returns needed depends upon their variance and the
Appeal Rejected in Detroit
The brief filed recently by the accuracy desired," McKeachie corrected.+
LSU branch of the AAUP points
ut that the university's formal Contrary to a report in the Digest of Dec. 7, the Washtenaw
barges against Schiff cite only County Planned Parenthood Clinic "has not asked permission of
me action of his which is deemed
contrary to MSU regulations. The Assembly Association or any other University student or faculty
university claims that Schiff's on- group to speak at women's dorms or elsewhere," according to Mrs;
campus distribution of an activist Ivan F. Duff, executive director of the clinic and Mrs. Oliver E.
periodical was in violation of the Overseth, clinic president.
university's distribution . regula- The two explained that clinic speakers "are available for talks
tions. before a limited number of small groups, but only upon request
The AAUP brief contends that and with the sanction of the proper authorities, and when, in
the university's charge in this our opinion, we were the appropriate agency to give them." They
case is extremely vague with re- added "we have never presumed to discuss the University's role
gard to the time and place of the . ' ,,
alleged violation. "The balance of in the dissemination of contraceptive information or advice."
the charges," the brief goes on
to say," rests upon what is clearly East University, between North and South University Avenues
the opinion of the defendants is now a one-way street going north. The change was made by the
(MSU) concerning the actions of city of Ann Arbor with University concurrence to alleviate parking
the plaintiff (Schiff), an opinion : problems, according to James Brinkerhoff, director of plant extension.
of so emotional an order as to Meter parking at a 45 degree angle is permitted on the west
raise the serious question of the side and parallel to the curb on the opposite side of E. University.
possibility that the punishment
was not for any action but for its sarking will be removed from the street after completion of the
quality in the view of the de- Forest St. parking structure. That structure will have a capacity
fendants." of 500 cars and should be finished within a year.
ON NOISE, SAFETY:
Offer Cycle Regulations
I..Jide igiads vv _________
Hershey Says Poor}
By CLARENCE FANTO
If the war in Viet Nam contin-
ues to escalate or remains at its
present level of intensity, necessi-
tating a continuation of the U.S.
military buildup there, some col-
lege students in the lower quarter
of their class may face a loss of
draft deferments, Selective Service
Director Gen. Lewis Hershey says.
Pentagon spokesmen have re-
vealed thatthe available pool of
men eligible for induction into
the armed forces has been rapidly.
shrinking in recent months be-
cause of the stepped-up monthly
draft quotas. In order to ensure
an adequate supply of manpower,
the following steps are being tak-
" Graduate students' classifica-I
tions are being carefully reviewed A WOMEN'S RUSH counsellor is
by local draft boards, particularly League. The first set of rush visit
in California and New York. At
Columbia University, for exam- FRO M AUTO
ple, 125 graduate students have
been reclassified 1-A. Those stu-
dents who are not pursuing full '
programs, are taking what the
board may consider an excessive- l oRmcbnh d
ly long time to obtain their de-
gree, or are studying in the hu-
manities or social sciences, are F o r
particularly liable to reclassifica- Fr Hi.
* A review of those classified 1-
Y-unavailable for physical, men- By LEONARD PRATT
tal or moral reasons except in The Regents accepted a $10j
cases of national emergency - is million auto company grant to1
taking place in order to increase build and then begin operation of
the 1-A poll of available men, a unique "systems oriented" traf-
Physical and mental qualifications fic safety institute at their last
may be lowered somewhat in or- meeting, Dec.17.
der to reclassify men who fall into It will be the first suh insti-
the 1-Y group at present. tute in the country.1
* According to Gen. Hershey, Ford Motor Company and Gen-
"we might have to go back to eral Motors Corporation donated
some system of sorting college stu- $4 million to construct and equip
dents, because there's no use de- a laboratory building and a com-
ferring a boy who is an unsucess- _
ful student." Hershey explained
that his definition of an "unsuc-
cesu" tdnti ne wo sH are Deno
ranked in the lower quarter of his Hr e i
class. He indicated that the Selec-
tive Service System may soon ask By MARK R. KILLINGSWORTH
colleges to submit a list of such
students, although he acknowl- Special To The Daily
edged that there would be exten- LANSING-The automobile in-
sive opposition to such action by dustry's $10 million gift to the
the colleges themselves. , University for a highway safety
As for graduate students, Her- research institute has drawn fire
shey complained "there are many from Secretary of State James
kids who have gone to school too M. Hare, who is also chairman of
long." He said that local boards the State Safety Commission.
would still be primarily responsi- Hare, in a Dec. 20 statement,
ble for granting deferments to said he had asked the presidents
graduate students, but he refused of American Motors, Chrysler,
to divulge what guidelines he Ford and General Motors to
might present to the boards. Ifinancially subsidize traffic safety,
--Daily-Thomas R. Copi
shown above addressing a final pre-rush meeting last night at the
ts begins tonight.
e0 Million grant
way Safety Institute
Sets I-A forE
First Appeal Ends;
On Draft Changes
By ROBERT MOORE
and ROBERT KLIVANS
The three - month - old "war"
over the reclasification of 12 stu-
dents who were arrested in a Viet
Nam sit-in is escalating.
The latest step in the escalation
came Tuesday when Detroit Draft
Board No. 93 announced that it
would deny the appeals of David
Smokler, '66, and Patrick Murphy,
'68, who were among the first
whose draft classifications were
changed from II-S to I-A.
The board had taken 26 days,
from Dec. 9 to Jan. 4, to come to
a decision. American Civil Liber-
ties Union attorney David Klein,
who attended the Dec. 9 hearing
of the two students as a "friend,"
said yesterday that the next step
for the students will be an appeal
to the state appeals board.
Klein said other appeals are ex-
pected Jan. 6 in Detroit, for Ray-
mond Luazzana, '66A&D, and Jan.
17, in Royal Oak, for Ronald Mil-
ler, '68, and Robert Sklar, '68.
Now escalation has vaulted to a
larger scale: in the 14 days of va-
cation, there have been eight more
reclassifications, raising the total
of reclarified students to 12.
Before Dec. 22, only four stu-
dents had been reclassified, and
they were all from Michigan. Of
the eight newly reclassified stu-
dents, three are from Michigan,
four from New York state, and
one from Washington, D.C.
The following are the students
so far reclassified to I-A because
of their arrests at the Oct. 15
Douglas Truax, '67, Grand
Rapids; Ronald Miller, '68, Hunt-
ington Woods; Robert Sklar, '68,
Huntington Woods; Sam Fried-
man, Grad, Washington, D.C.;
George Steinitz, '66, Valley Stream,
N.Y.; Richard Gordon, '69, Mer-
rick, N.Y.; Richard Shortt, '66,
Fresh Meadows, N.Y.; Paul. Kan-
tor, '67, Huntington, L.I.; Ray-
mond Lauzzana, '66A&D, Detroit;
Patrick Murphy, '68, Detroit;
David Smokler, '68Ed, Royal Oak.
Meanwhile, court dates have
been set for settlement of the
original charges placed against all
39 of the protestors in Ann Arbor.
Twenty-nine who pleaded guilty
before Judge James Breakey in a
Circuit Court appeal in December
will be tried Jan. 12. Most of the
other ten, who pleaded guilty, will
be sentenced on Jan. 13.
Peter Darrow of Ann Arbor, at-
torney for four of the ten stu-
dents, explained that the delay in
puterized library on North Cam-
pus. The American Automobile
Manufacturers Association con-
tributed $6 million to finance the
first five years of its operation.
In addition, the auto compan-
ies have pledged the use of their
own research facilities, notably ex-
tensive and hard-to-construct test
tracks, to the completed institute.
The grant was the largest cor-
porate gift ever received by a uni-
versity for any purpose.
complex traffic safety questions
being asked by the legislature and
my own office."
However, a University spokes-
man yesterday, said that "to say
that the program will take three
years to set up"-as Hare did-
"is a misnomer," although he could
not say when the University in-
stitute would begin full-strength
The spokesman added that the
University's ' systems" approach-
involving simultaneous considera-
tion of many traffic problems and
University President H a r la n
Hatcher, Vice-President for Re-
search A. Geoffrey Norman, Vice-
President for Business and Fi-
nance Wilbur K. Pierpont and
Vice-President for University Re-
lations Michael Radock negotiated
the grant as a part of the $55
Million Fund Drive. The grant
brought the drive $9.5 million
above its goal projection for De-
cember's end of $27.5 million.
That facet is that the insti-
tute will look at highway safety
from a "broad systems approach."
It will be the first institute in this
country to approach traffic prob-
lems from that standpoint.
Norman explained this approach
as one which puts individual prob-
lems into the context needed to
solve them. "Before this," Norman
said, "problems were solved in lit-
tle segments. One might discover
what was necessary to keep tires
from blowing out, but it was never
possible to coordinate that in-
formation with data on what part
drivers, road conditions or auto
construction played in blowouts."
"Highway safety problems have
been the subject of many investi-
gations. In general, however, the
problem has been fragmented in-
tn mans hnrdinate issues. The
By BOB CARNEY
The University's motorcycle
population-nearly double that of
one year ago-has become a ma-
For concern of both the city and
Presently 1500 students, over 5
per cent of the University's popu-
lation, are ' registered as cyclists
with the University. This fall when
700 more cyclists registered than
last year's total of 800, the prob-
inn. ca fafno rlrinn onn.o a nr
have already formulated a detail-
ed noise ordinance proposal and
will begin similar work on the
subjects of safety and driver edu-
The aim of these groups is to
insure University enforcement
over student cyclists, and city en-
forcement over its own cyclists.
The noise proposal adopted by
the two groups will be presented
to Hathaway and hopefully in-
cluded in his final recommenda-
The 89 decibel requirement is
likely to get the support of the
council, as it was recommended by
University professors with consid-
erable experience in the field, and
was part of Hathaway's original
proposal. The figure, while not the
lowest such requirement in the
country (by decibels), may pro-
hibit some mufflers now installed
as standard equipment.
With the formulation of the
noise pronosal out of the way, the