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 r >::;"::".> :, ; ":. : ass:. ;:. ..::;:"s r :;.: maamaan ',