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May 29, 1968 - Image 1

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Michigan Daily, 1968-05-29

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LATEST RETURNS
1,4291
of %2,599 precincts

Y

ilk !3rn

'iaii4

SLIMY
c Iig-63
Low--48
Still more rain,
slightly warmer

McCarthy
Kennedy

57,984
50,530

Vo. LXXVI II, No. 21-5

Ann Arbor, Michigan, Wednesday, May 29, 1968

Ten Cents

Eight Pages

t

c

s

S

M

Spock triaL
Defense

French

next

By JOSEPH SAX
Special To The Daily
BOSTON - In a surprise
move yesterday morning, that
amazed defense counsel as
much as it did spectators, the
prosecution rested its case. This
occurred only a day after local
papers had reported that the
government might take another
three weeks to complete its
evidence. As soon as the prose-
cution rested, defendants made
the crustomary motion for an
acquittal on the principal
ground that no conscpracy had
in law been proven.
As everyone expected, the,
motions were denied, and the
defense case will go forward
this morning. The Rev., Wil-
liam Sloane Coffin is expected
to be the first witness.
Judge Ford's denial of the
acquittal motions does not
conclude the conspiracy issue.
He has merely decided that
there is enough evidence to
send the case to the jury. The
final decision will be up to
them. As one looks back over
the prosecution's rather dif-
fuse case to identify the alleged
conspiracy, one thing stands
out. This is the series of events
leading up to the collection of
draft cards outside the justice
department building on Oct.
20, 1967, and the abandon-
ment of those, cards to Justice
Department official McDon-
ough. The Oct. 2 press confer-
ence in New York and the Oct.
16 service in Boston's Arling-
ton Street Church were por-
trayed as events leading up to
the return of cards to the Jus.
tice Department.
It is these acts which the
government has depicted as
part of a conspiracy to aid
and abet registrants in refus-
ing to have draft cards in their
possession. Certainly the gov-
ernment has demonstrated that
the defendants did more than
talk about the war.
The defense has already in-'

dicated that it views what the
defendants did as a form of
"symbolic speech," simply an
expression of regard for those
men of draft age who had de-
cided for themselves to turn
in their draft cards or other-
wise show, their opposition to
the war.
,The tangled legal questions
which will undoubtedly be
fought through the appelate
courts will' turn on whether
what the defendants did con-
stituted more than free speech
and whether it comprised a
conspiracy. Conspiracy h a s
been traditionally defined as
"a combination between two or
more persons by concerted ac-
tion, to accomplish an unlaw-
ful purpose, or some purpose
not itself unlawful by unlawful
means." As to the free speech
question, the defendants are
obviously not helped by Mon-
day's Supreme Court decision
in the draft card burning case
which, incidentally, was also
prosecuted by the Assistant
U.S. Attorney who is handling
the Spock Case for the gov-
ernment.
Whether there was a con-
spiracy is a much more com-,
plex question. If the return of
draft cards, for example, was
an unlawful purpose, did the
defendants combine by con-
certed action to aid and abet
in the accomplishment of that
purpose? If so, wherein did
they do so? Would there have
been no conspiracy if they had
been more moderate in their
words? If they had spoken in-
dividually rather than partici-
pating in press conferences? If
they had not actually gone to
Washington? If they had stay-
ed outside the Justice Depart-
ment Bldg.? Does anything de-
pend on whether the Resistance
is an organization or a move-
ment, an issue that was hotly
controverted during the trial?
The mind boggles at the elu-
siveness of Ithe concept of
conspiracy.

minister
quits post
Pompidou takes
control, resorts

Morse survives
primary threat
Nixon beats Reagan easily,
Rockefellr write-insmall

to g

reserves

PARIS (P) - The first open
rift in the French government de-
veloped yesterday, paralyzing
strikes spread, and primary stu-
dent leader Daniel Cohn-Bendit
slipped back from Germany in
disguise to challenge Gaullistj
authority again.
Under pressure of violence, dis-
orders and work stoppages, Edu-
cation Minister Alain Peyrefitte,
42, resigned.
DISGUISED
Cohn-Bendit, 23, exiled rom
France and expelled on a previous
attempt to return, showed up with
his red hair dyed black and held
a news conference at his old
stamping ground, the Sorbonne.j
He told questioners: 'There will
be continuous violence as long as
we live in a capitalist society. That
will provide the violence . . . In noI
case must we give up the streets
to police." Police made no effort
to arrest him.
Prime Minister Georges Pompi-
dou announced he is taking over
the education ministry and in an-
other maneuver to carry France
through its disabling crisis, said
he will dip into the $6-billion}
French gold and foreign currency
reserves.
REVERSAL
The proposed dip into French
treasury represents a drastic re-
versal of de Gaulle policy under
extreme pressure. P r e s i d e n t
Charles de Gaulle's policy over twe
last decade has been a steady
buildup of the hoard, in part with
gold from Fort Knox, Ky.
"We have large reserves," Pom-
pidou told newsmen. ". . . We
will certainly use them in this,
period to ease a fall in our for-
eign trade, a fall which we hope
will be only temporary."
The French news agency-
Agence France Presse - AFP --
personnel voted to strike and said
their demands would be made
known later, Communications in
France, except for those of world-
wide news agencies and a fewI
others, were virtually at 'a stand.-t
still.
NUCLEAR WORKERS
Workers at France's major nu-
clear plant, Pierrelatte, voted 55
per cent to generalize a strike
that had previously affected only
g few employes. This may set
back a scheduled test of France's
first.hydrogen bomb in the Pa-
cific in the summer. They stop
work today, joining millions of}
other idle French workers.
The government made public
the text of a law on the reform
of France's educational and econ-
omic institutions for a referen-
dum June 16. De Gaulle has an-
See FRENCH, Page 2

PORTLAND (} - Sen. Eugene McCarthy forged a surprise
victory over Sen. Robert F. Kennedy last night in Oregon's
presidential primary, capturing 43 per cent of the vote to
Kennedy's 37 per cent, with 55 per cent counted.
Late returns gave the Minnesota senator 57,984 votes to
the New Yorker's 50,530. President Johnson, who withdrew
3 \ from the race too late to remove his name from the ballot,
had 17,691 votes (13 per cent). Vice President Hubert Huin-
phrey drew 9,722 write-ins (7 per cent).
At Portland Airport, Kennedy, who had previously beaten
McCarthy in primary tilts in
Indiana and Nebraska, said,
"It would appear that. McCar- s
thy has won the primary. I
congratulate him."
On the Republican side, Rich- Victoy
ard M. Nixon scored a victory
that, he said, "will help very much
in moving some of the fence sit-
-Associated Press ters and bringing them over into
our camp. The chances of my now
.being derailed have been pretty
well eliminated." By The Associated press
With 57 per cent counted, Nix- A slate leaning toward Vice

Kennedy seeks many happy returns in Los Angeles

DEAN SELECTION:

k

Ed students get the vote

1000 troops called
to halt Louis ville riot

By HENRY GRIX
The new dean of the School
of Education will be the stu-
dents' choice - at least par-
tially.
A joint committee of stu-
dents and faculty will interview
candidates and compile a list
of nominees to replace Dean
Willard C. Olson, who will re-
tire in June, 1969.
This will be the first time
students have been allowed to
vote for the selection of a new
dean. Two students, one grad-
uate and one undergraduate,
will sit on the committee along
with six faculty members from
the education school.
Although the final dean se-
lection is up to President Rob-
ben W. Fleming and Vice Pres-
ident for Academic Affairs Al-
lan F. Smith, the student fac-
ulty committee will provide the
names- from which the presi-
dent and vice president will
choose.
Fleming and Smith must
likewise approve the final ap-
pointments of the student com-
mittee members, and they have
already made faculty appoint-
ments todthe committee. The
list of student, nominees will
be submitted to the adminis-
trators by student groups.
Students for Educational In-
novation (SEI), the represen-
tative body of education school
students, is interviewing under-
graduate candidates, and Grad-
uate Assembly is interviewing
graduates in education who are

interested in serving on the
committee. Both groups plan
to submit lists of nominees to
Fleming by June 10.
The student faculty commit-
tee will probably begin review-
ing names of candidates early
this summer.
Faculty members of the com-
mittee and students from SEI
both contacted Fleming earlier
this month asking for student
involvement in the selection of
the new dean. The request for
student voting membership was
AH a
AH as

subsequently endorsed by Flem-
in g .,,
"There was no problem,"
Fleming said. "It was brought
up, discussed and agreed upon."
SEI chairman Stan Bennett,
Grad, said it is "the mood of
the day to get students in-
volved in decisipn making as
opposed to a merely advisory
role."
SEI was organized last Janai-
ary as a body to voice student
concern for academic reform in
the education school.
sses open;

'blcksme~

1t hfaculty

on had 83,004 votes or 71 per
cent. "Non-candidate" Gov. Ron-.
ald Reagan, whose name was on
the ballot, had 25,497 votes, (22
per cent). A write-in campaign for
Gov. Nelson Rockefeller gave the
New Yorker 8,020 votes (7 per
cent).
In a key local race, incumbent
Sen. Wayne Morse, a highly vocal
critic of the Administration's Viet-
nam policy, appeared to be win-
ning a close primary race against
hawkish challenger Robert Dun-
can. With 54 per cent counted,
Morse had 64,888 votes (49 per
cent). A third candidate, Phil Mc-
Almond, had 7,515 votes (7 per
cent).' '
McCarthy himself avoided vic-
tory claims. He said he had always
considered the Oregon and Cali-
fornia primaries his crucial tests
with Kennedy, but he refused to
estimate the impact of his -ap-
parent triumph.
"I don't know how viable Ken-
nedy is," McCarthy quipped.
McCarthy also said it is not yet
time for him to start trying to
tally delegates. "The real test at
the convention is not who gets on
'he train first, It's who gets on the
right train, and the one that
counts most is the one that leaves
Chicago next August," he said.
McCarthy said some of the dele-
gates now leaning toward Hum-
phrey are likely to. start giving
more thought to who/can run the
best race next fall. McCarthy has
always insisted he is that man.
At the airport, where Kennedy'
had just arrived from a campaign
trip to California, the New York
senator said that the McCarthy
victory "was not helpful" to his
candidacy, but insisted that he
would continue with his campaign
for the nomination.
Kennedy's strategists previously
had declined to concede defeat,
hoping that the tabulations would
reverse the leading trend McCar-
thy had established at the begin-
ning of the vote count.

President Hubert Humphrey yes-
terday won at least 53 of Florida's
63 delegates to the- Democratic
National Convention, swamping a
ticket pledged to Sen. Eugene
McCarthy.
It had generally been conceded,
prior to the election, that most
of the Florida delegation would
be captured by Humphrey forces.
With more than 80 per cent of
the vote recorded, the favorite
son slate of Sen. George Smathers
had 47 per cent of'the vote.
McCarthy's slate, running e,-
pecially strong in the Gold Coast
areas of Fort Lauderdale and Mi-
ami, had 30 per cent of the state-
wide vote while an unpledged
slate organized by former State
Sen. Scott Kelly won 22 per cent.
In a runoff for the Democratic
nomination to the U.S. Seniate,
former Gov. LeRoy Collins, With
75 per bent of the vote counted,
held 53.8 per cent of the vote in
}is bid to return to elected office
fter a six-year absence.
Most of the unreported pre-
cincts were in areas of conserva-
tive North Florida, where state
Atty. Gen. Earl Faircloth counted
on his strongest support.
In Kentucky, Katherine Peden,
a radio station executive making
her political debut, was nomin-
ated yesterday over 11 other Dem-
ocratic candidates in the U. S.
Senate primary.,
In the Republican race to suc-
ceed retiring GOP incumbent
Thruston B. Morton, Jefferson
County (Louisville) Judge Mar-
low W. Cook gained a strong edge
over former congressman Eugene
Siler.
The 42-year-old Miss Peden
surged steadily ahead of former
congressman John Young Brown,
a 68-year-old politician making
his seventh try for the Senate.
With 2,853 of 3,026 precincts
reporting unofficially, Miss Peden
had 81,671 votes and Brown
48,$42.

.., . ,__... _. . r.. .--

LOUISVILLE, Ky. (IP)-Racial
violence continued for the sec-
ond night in the West End of
'Louisville yesterday and 1,000 Na-
tional Guardsmen rushed to help
police halt the fire bombing, loot-
ing and stoning.
Officials said there were reports
of sniper fire in the predominantly
Negro area where rioting first
erupted Monday night. No gun-
fire injuries were reported yes-
terday.
Groups of Negro youths virtually
ignored an 8 p.m. curfew ordered
by Mayor Kenneth Schmied but
most sections of the city were
deserted as taverns, restaurants
and other public places locked
their doors.
Crowds of Negroes bunched in-
termittently at West End inter-
sections while other youths car-
rying fire bombs sped through the,,
area in cars. Police said several
cars were stopped and their, oc-
cupants arrested.
Officials feared the violence
might spread to another Negro
section in the East End.
Gov. Louie B. Nunn ordered 450?
additional Guardsmen to Louis-
ville yesterday afternoon when a
i2-hour calm enforced by police
and the first contingent of 700
Guardsmen ended in in an out-
break of burning and looting.
Nunn, said, "If additional men
are needed they will be forth-
coming."
A Guard spokesman said last
night that 1,000 troops were in
the streets and more Guardsmen;
were expected to arrive in the
city.
Some 25 persons were arrested
during the afternoon violence.

man and a police man were struck
by bricks yesterday and admitted
to hospitals.
Among the first persons arrest-
ed for violating the curfew last
night were a group of white per-
sons picketing City Hall in protest
against use of the National Guard.
None of the arrested was iden-
tified.
Carl Braden, the leader of the
march, said he was at the dis-
turbance scene Monday night,
"and I assure you police started
it." Braden said his group was,
calling for the immediate with- :
drawal of the National Guard and{
the granting of amnesty to all
See +GOVERNOR, page 2

By STEVE NISSEN t maining seven days of classes this
Ann Arbor High School re- semester."
sumed near normal operations Among the 21 demands listed
yesterday as black student lead- by the black students was that
ers met for the first time with a the school' "evaluate all teachers
17-man faculty committee set up and other school personnel" for
17-mns faculty cmmi t e setm"racial prejudice and unjust ac-
The students' grievances had tions against Negroes."
been aired at a stormy three-hour "Those found to discriminate in
meetng Monday with adinistra- any way should be dismissed," the
Sfaculty and the superintend- students demanded.
ent of schools. There were no reg- NO POLICE
ular classes Monday. They also said the school ad-
Principal Nicholas Schreiber ministration should establish a
spoke to the students over the "well-defined grievance procedure
public address system yesterday to handle student problems," and
to discuss developments in the prohibit the assignment of police
conflict since classes were last officers (in or out of uniform) in
held on Friday. the school." .i
Black students had listed 21 de- In his address Schreiber said
mands at Monday's session and some of the demands "can be fol-
many had leveled individual lowed up yet this semester while
charges of bigotry and racial dis- others may have to wait, as the
crimination at several faculty important task of closing the se-
members. mester, final examinations and
'FOLLOW UP' grades cannot wait."
"I assure those who registered
complaints of any kind that we
intend to follow up each one and
resolve them fairly and justly,'
Schreiber told the students yes-

)SA CAN YOU SEE?!
izin studeht affairs

terday.
The faculty did not respond
directly to the charges but voted
to establish the 17-man commit-
tee at a three-hour meeting Mon-
day afternoon.
The committee was mandated
by the faculty to listen to, the
student demands and make rec-
ommendations today to the whole
faculty. They are expected to
report today on only a minority
of the 21 grievances.
Schreiber expressed doubt that
all of the students' demands could
be met. "We just cannot turn over
the operation of the school to
the students or to some outside
group," he told The Daily iast
night.
AGAINST POI.JCV

ieorganj
By MARTIN HIRSCHMAN
As the University community
debates the problem of creating
a campus-wide government, stu-
dents, faculty and administrators
are pondering another recommen-
dation of the Hatcher Commission
Report-the reorganization of the
Office of Student Affairs.
The situation is complicated by
the timing of Vice President for
Student Affairs Richard Cutler's
departure from office. Cutler has
announced he probably will leave
the vice presidency ih July for
another University position.
Despite this impending vacancy
in the higher echeldns of the ad-

the office vacant for several,
months.
To avoid this situation, Fleming
says he may ask Cutler toremain
in office until his successor is
chosen. Alternatively, a temporary
OSA director might be selected.
In line with one recommenda-
tion of the Hatcher Commission
Report, students and faculty will
HAVE FUN!
With this Issue The Daily
suspends publication for the
Memorial Day vacation. Pub-
lication will resume Tuesday,
June 4.

The Commission recommended
that the OSA should be run by the
vice president, "assisted by an
executive board which should be
charged with formulation policies
for the office."
The Commission recommended
the board be composed of five stu-
dents, three faculty and the vice
president.
Senate Advisory Committee on
University Affairs chairman Prof.
Irving Copi of the philosophy de-
partment, says his conclusions on
OSA reorganization are also "very
close" to the suggestions of the
Commission,
However. Copi says. it doesn't

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