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Vol. LXXVIII, No. 27-S Ann Arbor Michigan, Tuesday, June 11,11968 Ten Cents
Heusel, Lockett, Wood
/win school board seats)
Voters turn out
at 40 pet. rate
- By MARCIA ABRAMSON
Voters in the annual Board of
Education election y e,s t e r d a y
passed an operational levy of 11.66
mills and elected Dr. Harold J.
Lockett, Richard M. Wood and
w Ted Heusel to the board. Lockett
is an incumbent.
The millage passed by a vote of
8852 to 6800. The levy includes a
renewal of 4.5 mills and a new
7.16 mill package. Local observers
had expected the millage to be
defeated due to a variety of fac-
Defeat of, the millage would
have left the school system $5.5
million short of the nearly $18
million budget the board says is
the minimum needed to operate
the school system in the current
Final votes in the board race
were: Lockett, 8,032; Wood, 7,659;
and Heusel, 6,352.
Other candidates' votes were:
Cecil Warner, 6,010; Duane Renm
ken, 5,885; Mrs. Frances Felbeck,
5,113; Mrs. Joan Adams, 3,606;
and Bill Ayers, 1,781.
Mrs. Felbeck, an incumbent,
lost her seat.
Voting was fairly heavy for the
board election. Nearly 16,000 vot-
ers turned out, some 40 per cent of
Ann Arbor's 40,000 registered
school board voters.
Wood said he was "personally,
tremendously gratified" because
he had worked for passage of the
Both Lockett and Heusel have
warned that more than the pres-
ent millage will be needed by the
"Passage of the millage will not
assure that the schools will open
in the fall. The teachers, to have
any strength, will have to strike
in the fall," Heusel explained.
Lockett said, "There has to be
a vigorous effort toward changing
the method on which we now fi-
nance schools. The property tax is
outmoded and outdated. A more
equitable tax will have to be
In pre-election statements,
Locket admitted that "the present
millage will not raise teachers
salaries." But he said "Because of
the state of the economy and the
attitude of the taxpayers, it would
be most unrealistic to present a
high budget and a millage in-
crease to the citizens at this time.
Harold Collins, president of the
Ann Arbor Teachers Association,
said that although the AATA was
"happy to see the millage pass,"
the group "did feel the 11.66 mill-
age was basically inadequate to
cover the kind of program custom-
ary in Ann Arbor." Negotiations
between .the board and the teach-
ers for contracts have not been
In 1967 voters defeated a 51/
mill increase twice, on May 8
and June 12.
These are the final, results of the Ann Arbor School
Board election and the vote on the proposed millage increase.
Milage. . . . . ............Passed 8,852 to 6,800
Dr. Harold J. Lockett ...... ...:......... 8,032
Richard M. Wood............. . ........7,659
Ted Heusel ........ ....... ............... 6,352
.'Duane Renken......... .............. 5,885
Mrs. Frances Felbeck ..................... 5,113
Mrs. Joan Adams.............. . . ....3,606
King killngs ect
faces return toUS
Itlld join jury's
LONDON (AP)-The U.S. govern-
ment obtained last night a pro-
visional British warrant charging
James Earl Ray with the murder
of Dr. Martin Luther King Jr.,
clearing ground for a formal ap-
plication in the next day or two
for Ray's return to the United
The move followed a calm and
impressive appearance by Ray at
a perfunctory ,two-minute British
court session during which he was
assigned a British lawyer in what
legal experts said could be his!
first move to fight extradition for
It was the first bit of legal
sparring in a case capable of
spiralling into months of argu-I
ment if the suspect contests the
U.S. Justice Department request
to extradite him "very' soon."
Legal sources said the earliest
possible date for Ray's return
would be June 28, but arguments
could run into August if there is
Quick movement was already
delayed yesterday when Ray, 40,
was ordered held without bail by
Chief Magistrate Frank Milton,
for a hearing June 18. The issu-
ance of the warrant followed.
Asst. U.S. Atty. Gen. Fred W.
Vinson Jr., is expected to make
formal application to Britain's
home secretary for extradition as
soon as he receives the necessary
documentation from the United
The home secretary, James
Callaghan, will forward the ap-
plicatiofi to the chief magistrate
at Bow Street Court who will con-
sider whether the documentary
evidence submitted by Vinson
would be.substantial for extradi-
tion. The application is expected
to reach the court tomorrow.
Ray will then have 15 days to
apply for a writ of habeas corpus.
Under British law and the 1935+
treaty of extradition between Bri-
tain and the United States, the
home secretary cannot surrender
Ray to U.S. authorities before 151
days have passed.
Security measures so tight that
even lawyers submitted to frisk-
ing, were in effect when Ray was]
brought into court yesterday. No7
one except the police and local
officers had seen Ray since his
arrest Saturday when he tried to
board a plane for Brussels.
Under the name Sneyd, Ray was
charged with using a false pass-
port with that name and carrying
an unlicensed, loaded gun.
Sitting a few feet from the
suspect was Vinson, who went di-
rectly from the court to a second
day of consultations with British
officials in his effort to speed up
Ray's extradition. ,
Scotland Yard, meanwhile, re-
ported police were still investigat-
ing the case and making inquiries
about Ray, who had been hiding
out in London since mid-May.
U.S. legal officials in London
had said earlier "the process to-
ward extradition is already in mo-
tion and we hope to get him back
to the United States very soon."
EAST LANSING (M)-The na-
tionwide convention of Students
for a Democratic Society began at
Michigan State University yester-
day with the election of a steer-
Above the registration desk-at
which 450 SDS members had sign-
ed in by Sunday night--a poster
warned delegates: "Drug busts
have happened here this week (a
la Stony Brook). Issues have been
politicized. Cops are uptight so
... please keep cool."
The sign referred to the arrest
last week of seven students and
five non-students on charges of
selling narcotics. Student protests
of campus police involvement in
the arrests led to the arrest of 26
The agenda for the week-long
convention calls for numerous
workshops on summer work, the
direction of the movement and
national direction, as well as a
panel discussion on "Racism and
White Response to Black Rebel-
The "National Convention
Plenary" was to discuss major
resolutions -and elect new national
officers later in the week.
WASHINGTON (R) - The Su-
preme Court swung to the side of
policemen yesterday, ruling they
can stop suspicious looking per-
sons on the street and search
them for weapons.
These searches must be care-
fuly limited, Chief Justice Earl
Warren said in the 8-1 decision,
and can be made only when the
)fficer fears for his own or others'
"The officer need not be ab-
solutely certain that the individ-
ial is armed," Warren said. "The
issue is whether a reasonable pru-
dent man in the circumstances
would be warranted in the belief
that his safety or that of others
was in danger."
The go-ahead for policemen to
search suspects without arrest
warrants, though limited, runs
counter to most recent Supreme
Court decisions in the criminal
In other action yesterday the
Court agreed to hear an appeal
by Dr. Timothy J. Leary, tenta-
tively sentenced to up to 30 years
in prison for bringing less than
half an ounce of marijuana into
the United States from Mexico.
In appealing his 1966 federal
convinction, the former Harvard
teacher said the federal law re-
quires purchasers of marijuana to
reveal themselves to the govern-
ment by paying a tax violates the
constitutional protection against
In granting Leary review next
term, the Court agreed to hear his
challenge to the tax provisions.
The Court refused to review the'
contempt conviction of a former'
college editor who claimed jour-
nalists have a right to keep the
sources of their news stories
Annette Lesley Buchanan, for-
mer managing editor of the Uni-
versity of Oregon Daily Emerald,r
asserted this right in refusing ton
give a Lane county grand jury thea
sources of a story she had writtenr
Sounding out the fury7
President Johnson met yesterday with his newly created commission to seek the causes and cures for
violence which has plagued the nation. The commission, which was conceived by the President
after the assassination of Sen. Robert F. Kennedy last Wednesday, has been given a 12 month
deadline to come up with a report on the "causes and prevention of violence."
CON TRO VERSL4L PROVISION:'
City Council ap"p"rovesN.
mo_0di*fied shop otat
By LESLIE WAYNE ' a bill incorporating a similar pro- council would offer a $30,000 sub-
Ann Arbor City Council last vision last year, however, the State sidy to the firm.
night approved a contract with Supreme Court his not ruled on The city also discussed the pos-
municipal employes that included ; its legality. sibility of granting the franchise
a controversial provision for a Councilman James E. Stephen- to Short Way Lines, Inc. However,
modified agency shop. son (R-Fourth Ward) claimed the company asked for an annual
The section of the contract this proposal makes the city ap- subsidy of $105,000 for the city
dealing with the modified shop pear "desirous of maintaining a and the school bus service.,
effect only if the monopoly power." Although the City Bus Com-
wouState Legislatureff the State Su- "With this provision, the city pany received an $8,500 annual
preme Court approve its legality. is asked to speak for and to bind subsidy, the company lost about
all of its employes," he continued. $20,000 last year and was forced
Under terms of the contract, all Stephenson noted that in the to terminate operations.
city employes would be required past two years over 75 illegal St. Johns Transportation Com-
to join Local 369 of the American strikes were staged in Michigan. pany has tentatively agreed, to
Federation of State, County and He added he "feared when the follow the same routes of the City'
Municipal Employes. union has this much power." Bus Company as well as the routes
If an employe wished to remain Under the present contract, the of present school bus service.
out of the union, the equivalent of modified agency shop would go A rate schedule was not agreed
union dues would be deducted into effect automatically upon ap- upon in the contract.,
from his wages and put into an as proval of the Legislature. Council
yet unspecified special scholar- defeated a motion by Stephenson Ann Arbor has been without bus
ship fund. to delay bargaining on the pro- service since May 22 whenCity
The State Legislature defeated posal until after the Legislature Bus Company drivers went on
takes such action, strike for fewer hours and higher
Councilman John Hathaway wages. Two days later, Arvin Mar-
(R-Fourth Ward) claimed the ad- shall, owner of the company, an-
ministration of the scholarship sounced the discontinuation of
fund by union members and the service.
0 city "was contrary to the basic Council is expected to approve
t i~purpose of the fund." formally the contract next Mon-
t " YY A l Hthaway said the fund should day.,
By PHILIP BLOCK
Three Washtenaw County Cir-
cuit Court judges will soon take
action on a petition they liave
received concerning alleged viola-
tions of state criminal laws by
county Sheriff Douglas J. Harvey;
The State Attorney's General's
office may also 'be participating
in the investigation of Harvey.
In a statement issued Friday
'night, presiding Circuit Judge
James R. Breakey Jr. said, "A pe-
tition has been filed with the pre-
siding Circuit Judge for a one-
man grand jury-to investigate cer-
tain actions alleged to have taken
place in the administration and
conduct of the office of the Sher-
iff of Washtenaw County, Dou-
glas J. Harvey."
Although the judges declined
to mention the names of the peti-
tioners informed sources indicate
that Leonard Young-acting as
attorney for ex-deputy Fred Post-
ill-presented the petition.
Postill, secretary of the Wash-
tenaw Deputies Bargaining As-
soefation has been fired twice by
Harvey in the last six months.
In May, and appeal board of
the State Labor Mediation Board
:SLMB )upheld a January ruling
by SLMB trial examiner John
McCormick which forced Harvey
to reinstate Postill.
The judges also declined to
name any of the charges leveled
against Harvey. However, two of
the alleged actions probably con-
cern charges that Harvey has vio-
lated the state Veterans Prefer-
ence Hiring Act and PA 235,
which. places a residency require
ment on -any'new deputies which
the sheriff hires.
The judge's statement said the
petition "is now and will continue
to be under consideration by this
court which has already directed
that an investigation in depth be
made concerning -said charges;
such investigation is now in pro-
The wording of the statement
gave rise to speculation that the
state Attorney General's offie
was being called in on the case
as it has been in several other
Grand Jury- investigations.
Secretaries in the Attorney
General office said the "attorney
general's assistant John Wilson
is handling the, case." Wilson is a
member of the office's criminal
When asked if he was involved
in the Harvey investigation, Wil-
son said "At the moment I am
not in a position to say anything
about the case."
Although the one-man Grand
Jury will specifically investigate
the charges listed on the petition,
it will also look into any other
charges filed against the sheriff's
The Ypsilanti Press has already
printed charges concerning Har-
vey's 'alleged misconduct on an
air flight while bringing a pris-
oner back from Tucson, Arizona.
The judges said that they ex-
pect the report will be available
"in the near-future."
See related story, Page 3
titled "Students Condone Mari-
The May 24, 1966 article related
that seven students had used
marijuana. She was judged in
contempt and fined $300.
The court's refusal to hear her
appeal lets the conviction stand.
The action, announced without
amplification, averts a substan-
tive high courtruling on the claim
that the traditional newspaper
practice of shielding news sources
is grounded in the First Amend-
ment's free press provisions.
Boudin shows defense 's stra
(1 4 ~ & U,/
Prof. Joseph Sax of the Law
School is currently in Boston ob-
serving the Spock conspiracy trial.
His analysis of the courtroom situ-
ation will be published in The Daily
until the end of the trial.
By JOSEPH SAX
Special To The Daily
BOSTON - The case of Dr.
Benjamin Spock moved into
high gear yesterday, as the
trial entered its fourth week
and as Leonard Boudin, who
represents Dr. Spock, showed
the spectators what it means
to be a great trial tactician.
Boudin, who has written ex-
tensively on constitutional law
and is an experienced defend-
er of left wing causes, began
the day with Mayor John Lind-
say of New York as a defense
witness. It was a dramatic
opening. Lindsay is not only
an enormously impressive fig-
ure in appearance and demean-
,6peration with city officials.
Lindsay seemed to negate con-
clusively the prosecution's ef-
fort to characterize the dem-
onstration as an attempt to im-
pede the operation of the in-
duction center. He recounted
his conversation with David
McReynolds, who was the or-
ganizer of the Whitehall pro-
test; according to Lindsay, Mc-
Reynolds had said that he
hoped the demonstrators would
be arrested promptly, "as it
was cold in December and they
didn't want to sit on the pave-
ment too long."
Boudin next continued a
process he has been developing
all through the case. He put
several witnesses on the stand
with expert knowledge of the
war, including a Life Magazine
photographer who had visited
North Vietnam, a professor of
ground that the condNct of the
war is immaterial to the case.
Of course, Boudin knew very
well that such evidence would
be excluded, but his strategy is
designed to accomplish two im-
portant purposes. First, he is
signalling to the jury that the
nature of the war is a critical
issue to the defendants, and he
is trying to make them curious
about what they are being pre-
vented from learning. This is
a classic legal technique of
making a virtue of adversity.
In this case, the effort is to
make the jury interested and,
hopefully, to make them re-
sentful of the prosecutor for
objecting to evidence they
would like to hear.
At its best, such a tactic is
designed to make the bait bet-
ter than" the meal; the, jury
may even come to believe that
on the showing of bona fides.
Their bona fides as to issues
such as the allegation that the
United States is violating the
rules of war under the 1949
Geneva .Convention, may be
provable only by showing the
facts underlying that belief.
The balance of the day was
devoted to the testimony of Dr.
Spock himself. Boudin is care-
fully leading him through an
explanation of his views and
conduct; that testimony will
probably take another day, and
adequate analysis should await
Finally, a brief amendment
of my previous comments on
Judge Francis Ford seems ap-
propriate at this point. Earlier
I praised Ford for his fairness
and disinterestedness, and I
would still stand by that eval-
uation at the time it was made.
tility to their case. While a
witness is being examined, Ford
will interpose with a question
of his own which frequently
seems constructed to put the
defendants in an unfavorable
light. For example, while Mayor
Lindsay was testifying, he said
that he told the organizers of
the Whitehall demonstration
that he wanted to protect their
right to free speech. Judge
Ford interrupted to ask Lind-
say, "Did you tell them the
rights of the First Amendment
are not absolute?"
During Dr. Spook's testi-
mony, when Boudin asked
Spock if he had read the views
of both pro-war and anti-war
writers, Ford interposed and
asked Spock whether he' saw
any merit in the views of those
who supported the war. Such
small incidents have occurred
be administered instead by "those
it would benefit."
At an earlier council meeting,
City Administrator Guy C. Lar-
com, Jr., said if council did not
approve the agency shop provi-
sion the unions probably would
not accept the contract.
At the same meeting, City At-
torney Peter W. Forsythe noted
that several other cities have ap-
proved the agency shop provision
without waiting for specific court
rulings or legislation.
Larcom said earlier that city
departments affected by the con-
tract are "90 to 95 per cent un-
ionized." Councilman Brian Con-
nelley (R-Fifth Ward) estimated
that about 42 municipal employes
do not wish to belong, to the
The contract also included a no
strike clause and provisions for
a six per cent wage increase to
become effective July 1.
The provision would apply to
all muiipal empnloyee 'except