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VOL. LXXV, No. 33-S ANN ARBOR, MICHIGAN, SATURDAY, JUNE 19, 1965 SEVEN CEN'
Breakey Calls Housing Ordinance Constitui
TS FOUR PAGES
No Conflict in Local,
State Law Judge Says
Attorney General Kelley's Opinion
In Discrimination Issue Overruled
By DEBORAH ISACKSON
Circuit Court Judge James Breakey overrode Attorney General
Frank Kelley's opinion and declared the Ann Arbor Fair Housing
Ordinance constitutional, yesterday.
Kelley had previously said that power in matters concerning civil
rights in housing is lodged in the state's Civil Rights Commission.
Fair housing was not a local concern, Kelley explained.
However, Breakey, in his opinion said, "the mere fact that the
state has made certain regulations does not prohibit municipalities
from enacting additional requirements. As long as there is no con-
UAC Approved by Regents
ATTORNEY GENERAL KELLEY
L eader -y
SAIGON MP)-Brig. Gen. Nguyen
Cao Ky, commander of South
Viet Nam's air force, yesterday
accepted the job of premier.
Ky is the youngest premier in
the history of ,the Vietnamese re-
public. An airman, Ky has per-
sonally led his planes on air
strikes against the Viet Cong.
Saigon has had eight govern-
ments since the overthrow and
assassination of President Ngo
Dinh Diem 20 months ago on Nov.
Ky succeeds Phan Huy Quat
who quit after having a dispute
with former chief of state Phan
Khac Suu and opposition from re-
The new government headed by
See Related'Stories, Page 3
Ky is made up of eight high-rank-
ing military officers.
Although close American asso-
ciates like him, Ky has sowed con-
troversy among Vietnamese po-
litical factions and high United
States officials had urged the new
military regime against naming
him as premier.
In his acceptance speech at the
Dien Hong Conference Hall on the
banks of the Saigon river, Ky said
South Viet Nam faced a critical
period. He called for austerity on
the part of the people.
While many military men are
expected to formally wield power,
reliable sources have said the ac-
tual cabinet will be made up most-
ly of civilians, including several
holdovers from the -Quat govern-
flict beteewn the two, then both
"The only difference between
the city ordinance and thestate
statute," Breakey explained, "is
that the ordinance goes further in
"Thus," Breakey concluded, "the
local housing ordinance is legal,
for it in no way attempts to
authorize what the legislature has
forbidden, or forbids what the
legislature has authorized. There
is nothing between the provisions
of the state statute and the local
ordinance which might prevent
their e f f e c t i v e co-existence,"
Asked if he would appeal
Breakey's decision, Kelley replied
that he has not been directly in-
volved and neither had the state's
Civil Rights Commission nor any
"The litigation," Kelley contin-
ued, involved local law and local
individuals. We would therefore be
unable to make a determination,
at this point, as to whether or not
we would intervene, until we have
considered the court's findings.
We will then make a determina-;
tion as to the state's interests in
an appeal," he said.
Informed sources close to the
case have speculated that in view
of Kelley's past stand, he will be
forced to appeal this case, making
a test case out of it.
Kelley, in the past, had declared
that Ann Arbor's Fair Housing
Ordinance overstepped constitu-
tional limits. He opined that the
protection of civil rights in regard
to the power of investigation and,
enforcement is a matter of state
concern. The state has complete,
power to enforce civil rights in,
housing; and thus there is noi
authority for a city to adopt an
ordinance exercising this power."
According to Kelley, this power
was vested in the state Civilj
Rights Commission by the con-
Kelley explained that the con-
stitution grants the commission
"plenary (complete) power to in-
vestigate and secure opportunity
in the field of housing. Included
within this grant is the enforce-
ment of civil rights to purchase,
mortgage, lease or rent private
Kelley has recently said "thel
opinion of the attorney generali
represents the law of the state asl
long as no court overrides that
This debate started over a year
and a half ago with the openingt
of -the City of Ann Arbor vs.t
Hubble case. This lawsuit, 'whichl
is still undecided, involves a Negrot
graduate student who claims tot
have been denied an apartmenti
in the Parkhurst-Arbordale Apart-t
ments because of his race.1
OK Merger of
Responsible to OSA
By JOHN MEREDITH
The controversialsmerger of the
'student activities sectors of the
Michigan Union and the Michigan
League became official yesterday,
when the Regents approved the
new University Activities Center.
With approval, however, came a
significant change in organiza-
tional structure : a revision of a
proposal submitted to the Regents
at their January meeting has
brought UAC under the auspices
of the Office of Students Affairs
and made it subject to Student
Government Council for calendar-
ing of activities.
A statement presented jointly
by the League Board of Governors
and the Union Board of Directors
in January envisioned a UAC re-
sponsible directly to the Regents
and independent of SGC. But, the
Regents referred the report to
Vice-President for Stodent Affairs
Richard Cutler for a delineation
of the relationship between the'
new organization, the OSA and
Cutler and the student officers
of the new organization proceded
to develop the revised proposal
UAC, an organization which will;
concentrate on sponsoring cam-
pus-wide student activities, will be
operated by four student officers
directly responsible to both the
Union and League boards for an
operating budget, and ultimately
responsible to the Regents through,
The four officers will hold three
votes on each board, not enough
to give them a majority.
In addition to supervising thea
UAC's finances, the boards will
continue to run their respective
organizations, which carry on a
substantial amount of business in-
dependent of student activities.
In the past, the Union has been
independent from control of any+
of the Regents, although a small
of the Regents, atlhough a small
percentage of student fees have
been diverted to it to help finance
its student activity operations.
Until this spring, the Union has
staunchly maintained its right to
this relative independence, even
under the proposed merger, but
the administration's dissatisfac-
tion with the fee arrangement
led to insistence that a University
official be responsible for finan-
cial operations of UAC-the major
factor which resulted in bringing
the new organization under Cut-
-Daily-Thomas R. Copi
REGENTS RAISED DORMITORY RATES $50 at their meeting yesterday. According to Vice-
President for Student Affairs Richard Cutler (left), students may cancel their dormitory leases if
they do so in the next two weeks. According to Vice-President for Business and Finance Wilbur K.
Pierpont (right), one of the reasons for the fee hike was higher student wages.
Board Okays Part of '66 Budget
being mailed this weekend
all students now expecting
live in the dorms next year.
May Be In Offing
Eligible Students May Break Signed
Contracts within Next Two Weeks
By BRUCE WASSERSTEIN
Rumors of a dorm fee hike were substantiated yesterday
as a $50 rate increase was approved by the Regents. The
change will go into effect this fall.
The other fiscal spectre shadowing the student's pocket-
book-the possibility of a tuition hike-will not be discussed
until the University's budget is approved by the Legislature.
After the appropriation is passed in Lansing, University
President Harlan Hatcher indicated that there will be a spe-
cial Regents meeting called to discuss the issue.
Coupled with last year's $34 hike, the residence hall fees
have jumped nearly 10 per cent in the last two years. Letters
explaining the increase are_
The Regents approved $93.4 mil-
lion of the University's 1965-66
budget at their meeting yesterday.
Approval of the general funds and
mental health activities budgets,
however, was delayed until the
Legislature completes action on
the higher education appropria-
tions bill now pending in the
University President H a r 1 a n
Hatcher indicated he will call the
Regents into special session, prob-
ably in two or three weeks, to
consider these two portions of
the University's financing.
The general funds budget, de-
pendent mostly on revenue from
tuition and state appropriations,
covers most of the basic expenses
of instruction. At the moment it
appears likely that the legislative
appropriation will fall at least $4.7
million short of the amount re-
quested by the Regents, but Uni-
versity administrators declined to
comment yesterday as to whether
this will necessitate a tuition hike.
Approved by the Regents were
the budgets of the expendable re-
stricted fund, amounting to $58.8
million, and the budgets of the
auxiliary activities fund (except
mental health activities), amount-
ing to $34.6 million.
The expendable restricted fund
is primarily concerned with re-
search. The greatest source of
revenue for this fund is the fed-
eral government, which is expect-
ed to contribute $48 million. The
University also anticipates $9 mil-
lion from gifts and grants, $2
million from departmental activi-
ties, and $2.8 million from invest-
Approximately $3 million of this
amount will be held over for fu-
Self-supporting or revenue-pro-
ducing activities are included in
the auxiliary activities fund.
Sources for this fund will include:
University Hospital, $18.6 million;
student residences, $9.2 million;
the Michigan League, the Mich-
igan Union and North Campus
Commons, $3.2 million; intercol-
legiate athletics, $1.5 million; Uni-
versity Press and student publica-
tions, $1.1 million, and parking
and airport facilities, $.9 million.
For the 1964-65 year, the ex-
pendable restricted fund totaled
$53.3 million, and the auxiliary ac-
tivities fund less than $3.8 million
for mental health activities was
Additional revenue from resi-
fence halls and the University
Hospital account for the bulk of
the increase in the auxiliary ac-
tivities fund, while increases in
federal support and gifts and
grants pushed the expendable re-
search fund up to its present fig-
The expendable research fund
has increased substantially in re-
cent years. Only 10 years ago, the
appropriation was as low as $13.4
million, and the 1963-64 figure
marked almost a $7 million in-
crease from 1962-63.
The investment earnings por-
tion of this fund stems from the
University's endowment f u n d.
Stocks and bonds in this fund had
a market value of $59.8 million
and net assets of $41.3 million
at book value in 1964.
Revenue from the endowment
fund is specified for a particular
purpose by the donor. Slightly
over 50 per cent is designated for
teaching, research and, libraries;
student aid and loans make up the
bulk of the rest, comprising a
little less than 40 per cent.
The 1965-66 budgets will become
effective on July 1.
Cutler Says U' Towers
To Be Finished on Time
No emergency measures will be needed to house the over 300
students who have signed leases at University Towers, Vice-Presi-
dent for Student Affairs Richard Cutler announced yesterday.
He explained that he had been reassured to his satisfaction in
a telephone conversation with Robert Weaver, the owner of Uni-
versity Towers, that the structure will have at least 16 floors ready
for full occupancy by Aug. 15.
Cutler said he was expecting a letter from Weaver confirming
their telephone conversation.
Possibly All 18 Floors
Cutler added that Weaver hoped that possibly all of the 18
floors will be ready for occupancy by the beginning of the fall term.
The $50 hike for the academic
year appliestoeall residents in the
quadrangles except for students
who live in either Fletcher Hall
or in the suites in Oxford hous-
ing. The increase in these cases
will be $40.
Rates in the dormitories for
1965-66 will range from $895 per
student in a triple room to $1,010
for a single room.
Although most students who
plan to live in the residence halls
in the fall have already signed
contracts, Cutler announced that
those eligible to live outside the
dormitory system will be allowed
to cancel their commitments dur-
ing the next two weeks.
Cutler said, however, that even
though a number of students are
expected to withdraw from the
quads because of the price in-
crease, conditions are still ex-
pected to be overcrowded in the
The groups most likely to can-
cel their contracts are junior and
senior women and men above
freshman standing, he indicated.
At Home or in Dorms
All freshmen must live in the
residence halls or at home. This
fall will be the first time that
junior women will be allowed to
live in off campus housing.
Rising costs of operation were
cited by Vice-President for Stu-
dent Affairs Richard Cutler as the
basis for the increase. Higher food
prices and wages have resulted ire
spiraling costs which must be
made up for by student dorm fees
since the residence halls are self
supporting, Cutler explained.
Cutler revealed that originally
the Board of Governors of the
Residence Halls had recommended
a higher increase than $50, but
with the improving fiscal picture
in April, they decided to lower
the amount of the fee hike.
One of the expenses which made
the increase necessary was raising
the minimum hourly wage of stu-
dents working in the dorms.
Grants and loans will be avail-
able in the office of financial aid
to students who need extra funds
to meet the fee increase, he said.
To Meet on TV
McGeorge Bundy, special assist-
ant to. the President for national
security affairs, will meet aca-
demic critics of United States
Viet Nam policy in a nationally
broadcast debate Monday night.
The Inter-University Commit-
tee for Debate on Foreign Policy,
successor to the group which
On U' Budget
The House delayed a final yote
on the University's general funds
appropriation yesterday, but the
budget is third on a list of bills
slated for action Monday.
University officials remain op-
timistic that the restoration of
$6.3 million to the University's
budget by voice vote Thursday will
pass the official third-reading
tally. However, there is some
concern that legislators may at-
tempt to scuttle the bill's expres-
sion of legislative intent favoring
expansion of the University's
Assuming that Flint opponents
could rally enough support-per-
haps a. dubious assumption- the
legislative intent language could
be stricken from the University
budget atlogether, hence forcing
the appropriation into conference
committee where a fight with
Senate Flint supporters would
Or, a less drastic tactic might
be employed: The language deal-
ing with Flint could be inserted in
a "line item" which would be
eligible for a governor's veto.
Most observers still think, how-
ever, that the attack of the group
of dissident Democrats who engi-
neered last week's University
budget slash will be directed at
getting more ,money for other
state schools closer to their own
When the Ways and Means
Committee cut the University
appropriation, it also increased the
budgets of several other schools,
notably Wayne State University
($2.5 million) and Western Mich-
igan University $ (1 mi l li on).
Vivian Asks Hearing on
By RUTH FEUERSTEIN tioned se
Congressman Weston Vivian (D-Ann Arbor) and several ~ ' ,.}n:.....Viet Nan
other members of the House of Representatives have recently _T1.
drawn up and signed a letter calling for an open hearing on House, a
Viet Nam. The letter, directed to Thomas Morgan, chairman -CO
of the Committee on Foreign Affairs, consisted of a request:and ask
for more information concerning Viet Nam.
According to Vivian, the House has traditionally played Vivie
a small role in foreign affairs. This is in contrast to the letters f
Senate, which has the power to confirm appointments and ments. I
therefore is more involved, although only indirectly, in the f>.:
-:': their corx
veral of these functions.
he House is concerned with the foreign aid program in
he policies for the Peace Corps are determined by the
onstituents view congressmen as their representatives
that they promote their views.
an explained that he has received several hundred
rom people who were active in the teach-in move-
n order for him and other congressmen to represent
nstituents in a matter as important as Viet Nam, he
The high rise building on the
corner of South University and
Forest has a capacity for about
Many architectural experts in
the University have disputed
Weaver's claim in the past that
the structure will be completed
on schedule, but Weaver explained
that they were not familiar with
the "critical path" method of con-
struction which he is using.
Weaver explained that this
method uses as much prefabricat-
ed construction material as pos-
sible and the progress of work is
worked out on computers.
The owner of what will be the
lar-es pr tment house in Ann