RESEARC / PRO N O SeeEdoi a VOL. LXXVI, No. 84 V Lawy 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 Sciff Gets U ISupport in Leal Fight AAUP, ACLU Give Added Backinig in Courtroom Struggle 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 student. 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 YI L> Lw i4iau ~It44br COLDER High-38 Low-h4 Mostly cloudy, warmer Thursday Seventy-Five Years of Editorial Freedom ANN ARBOR, MICHIGAN, THURSDAY, JANUARY 6, 1966 SEVEN CENTS TWENTY PAGES ers Si 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- ment yesterday. 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 investigation." An informed source indicated that suggestions in the private letter from Butzel, Eaman, Long, uggest Change in UMI Relations 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 doctoral theses. Another source explained that; the letter suggested the University should not furnish UMI any services unavailable to other firms. 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 future." 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 Microfilms. 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 matter. 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 Inc. 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 UML" 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 discrepancy. Observes Muller, "This sounds almost like a story by Kafka. Apparently the truth is stranger than fiction." What's New At 764-1817 Hotline 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 Students' Reclassification 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 _________ May Face Induction Hershey Says Poor} Students Deferments May BeReviewed 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- en: " 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. tion-. * 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, RUSH STARTS --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 Board No.93, Sets I-A forE AProtestors First Appeal Ends; Controversy Rages 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 sit-in: 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. unces Gift 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 operations. 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 the University. 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- cation. 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