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June 13, 1968 - Image 1

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Text
Publication:
Michigan Daily, 1968-06-13

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CHAPTER TWO:
ROCKY RIDES AGAIN
See editorial page

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A1ir a

a il

LIGHT 'N DRY
High--74
Low-48
Fair and pleasant;
little chance of rain.

Vol. LXXVIII, No. 29-S Ann Arbor, Michigan, Thursday, June 13, 1968 Ten Cents

Six Pages

De

Gaulle dissolves

Faculty to' set

seven student groups,
'bans street. protests

review

group

4

Committee to hold limits
on 'U' research programs

S poc tral
po~kFinal appeals
Prof. Josepll Sax of the Law School is presently in Boston to observe the
i Spock-Cofflft trial. His analyses of the courtroom situation will continue
to be published in The Daily until the completion of the trial.
By JOSEPH SAX
Special to The Daily
BOSTON - There is always a certain high drama in a trial,
when the closing arguments of counsel get under way. This is
the defendant's last opportunity to appeal to the jury, the sign
' that the moment of decision is very near. And when court ad-
journed yesterday afternoon in the trial of the Boston Five, the
arguments for the Rev. William Sloane Coffin, Michael Ferber
and Mitchell Goodman had been completed, and Marcus Raskin's
was well under way.
James St. Clair, Coffin's lawyer, put to the jury the dilemma
of characterizing the defendants' conduct as a criminal conspir-
c acy. The Call to Resist Illegitimate-Authority, which is a central
piece of evidence-in the government's case, was first issued with
373 signatures, including those of many distinguished Americans;
it now has been subscribed to by. thousands more. St. Clair asked
the jury, are all these people criminal conspirators? The Arling-
ton St. Church ceremony was admittedly planned by a number
of prominent clergymen of all denominations; they too must be
conspirators, he suggested, if the government's theory is to be
accepted. As to the Whitehall Induction Center demonstration,
he said, New York's Mayor Lindsay had more to do with it than
Coffin did. St. Clair suggested that what the government has
shown is not a conspiracy, but simply the exercise of the constitu-
tional right to assemble and petition the government for redress
of grievances.j
The argument that the defendants are simply like-minded
people, rather than conspirators, was bolstered by William Homans,
Ferber's counsel. He Toted that there is a great deal of difference
between being in agreement with other persons - which all the
defendants admitted - and having an agreement with them,
which is the sine qua non of criminal conspiracy.
To me, the most impressive argument of the day was made
by a lawyer who thus far has not been dominant in the case,
though he has won the admiration of everyone in the courtroom.
That lawyer is Edward Barshak, who represents Mitchell Goodman.
* Barshak minced no words with the jurymen. He told them
they had great power, for though the court would instruct them
In the law, it was the facts they found which would ulti ately
determine the scope of free speech. There are In the reco d, he
said, 15 volumes full of words, enough words to find almost any-
thing anyone wanted. But the fundamental fact is one that is
hardly in the record at all - the Vietnam War, with its terrible
death and destruction, which unlike any other twar of modern
times, has been' tearing the American people apart. It is this
overriding fact which creates the climate for this case.
Mit4hell goodman, Barshak said, is a man of strong feelings-
a man who is capable of excitement and anger. In this respect he,
and the other defendants, may present a contrast to the average
man who "lives his life, on the sidelines, simply going to work,
coning home, and playing with the kids." But someone has to
get off the sidelines, he said, or we will be nothing more than a
nation of people who do what the government tells us to do and
think what the government tells us to think.
If the jury was moved by these arguments, they certainly
din't show it. No one could blame them for being tired at this
point, having been sequestered now for nearly four weeks. But it
Is hardly reassuring to watch them, their eyes wandering restlessly
around the courtroom, as this landmark case in the history of
civil liberties in America moves into its final day.
ltersdor o enter
cnty ceherifa

PARIS () - President Charles
de Gaulle's government yesterday
ordered seven student groups dis-
solved and banned all street dam-
onstrations in an attempt to halt
the rioting that has shaken
France.
Four student organizations in
Parishcanceled a demonstration
they had arranged last night, ap- -
parently indicating the firm ac-
tion might succeed in restoring a
measure of order after nearly sixs
weeks of sporadic turmoil.
Striking employes of the state-
run radio and television networks
called off a proposed. peaceful
rally by radio and television lis-
teners that was scheduled to -
support demands for news report-
ing without government interfer-
ence.
The ban was announced after a
Cabinet meeting at the Elysee
Palace, and is to remain in effect
until the end of the campaign for
election of a new National As-
sembly June 23 and 30.'
Electoral meetings are not af-
fected, provided they are held
indoors.
Information Minister Y v e s
Guena announced the govern-
ment's decision to dissolve the
stident groups. He also said that
any attempts to demonstrate will
be "pitilessly dispersed" by the
police. Rioters burn wheelba
Thirty foreigners, including 12.
West German students, have been VOTING RIGHTS TRIAL:
expelled from France for taking
part in the riots in Paris and other
cities and 22 more arrested Tues-
day night in Toulouse will be
expelled shortly. Judge delaj
G dt uuena said te stuent groups
were dissole uner a a fJn

By MrARTIN IIRSCIHMAN
Faculty Assembly will appoint ten faculty members Mon-
day to form a research review committee in, line with the rec-
ommendations .of the controversial Elderfield Report issued
last Januaty by the assembly's standing committee on re-
search.
The new committee is expected"; to begin immediately
formulating procedures for screening new University research
contracts to ensure they re-i

-Associated Press

rro ws in Pari$ streets

main within the limits of the
Elderfield Report.
The Elderfield Report was a re-
sponse to last year's controversy
over the acceptability of classified
and war research at the Univer-
sity.
The University is presently en-
gaged in about $9.7 million of
classified defense departmentcon-
tracts, including a $1 million
counter-insurgency p r o j e c t In
Thailand.
Although the report approved
classified research 'in general, it
specifies several cases in which
contracts may not be accepted:
-when "the specific purpose"
of the research would be "to de-
stroy human life or to incapaci-
tate human beings";.
-when the University would be
barred from disclosing the exist-
ence of the contract or the Iden-
tity of the sponsor, and if a sub-
contract is involved, the identity
of the prime sponsor;
-when the University would be
barred from disclosing "the pur-
pose and scope of the proposed
research";
-when results of the contract
must be kept secret except when
there is "reasonable expectation
the research will .make a signifi-
cant contribution to the advance-
ment of knowledge or that it will
contribute significantly to en-
hancing the research capability
of the investigator or his research
unit."
The review committee will work
closely with Vice President for
Research A. Geoffrey Norman as
provided by the Elderfield Report
and by the Regents when they
approved the report at their April
meeting.
Norman is sitting temporarily
on the board of directors of the
Institute for Defense Analyses.
The institute, formerly a 12-
university consortium doing re-
search studies for the Department
of Defense, has been the object
of student protests at- several
schools including the University.
Recently, IDA members decided
to reorganize its corporate struc-
ture to eliminate direct member-
ship of universities, in favor of
the membership of individuals.

Police hit
Capitol
protest
WASHINGTON (R) - ┬▒iut 100
women clashed with police at the
U.S. Capitol yesterday asthe Poor
People's Campaign staged its first-
rimajor demonstration in more than
a week.
Capitol police forcibly separat-
ed the women into three groups
after they had defied orders to
split up voluntarily, police)said. No
one was arrested.
Capitol Police Chief JM. Pow-
ell met the women at the corner
of the Capitol grounds and told
them they would have to divide
into three groups to enter.
The women protested they were
just sightseeing, then walked half
a block and dashed across First
Street in a group.
About 50 police follow4ng the
women then moved in and cut
through the line of women.
The women had gone to the
Capitol after breaking off from a
larger group that had marched
to the Department of Agriculture
to begin an around-the-clock vigil
protesting hunger in America.
About 350 persons marched on
the agency. Seventy continued the
vigil outside the department after
n/ghtfall.
i Campaign leader Rev. Ralph
Abernathy led the march to the
Agriculture Department.
The women said they were pro-
testing' a bill in Congress that
would prevent an extension of the
Poor People's permit to camp near
the Lincoln Memorial.
The women also had intended
their separate march to show they
had support from suburban Wash-
ington women,
But their leader, Miss Linda
Cusmano of New York City, said
about 40 suburban women went
home because the march was late
in starting.

vs

dt

10, 1936, which was passed to per-
mit the dissolution of a number
of Fascist organizations in France
at that time.
This law provides that any at-
tempt to reconstitute the roups
would be punishable by six months
to two years in jail.
The Paris demonstration last
night had been called to protest
the expulsion of foreign students,
However, an hour before the
scheduled starting time police
stopped all young people and those
without identity papers were tak-
en to police posts.
There were no incidents of vio-
lence.
Students in Bordeaux and
Strasbourg canceled scheduled
public demonstrations, but -thers
in Marseille and Caen went ahead
despite the government's ban.
In Caen about 800 students dis-
persed without incident after pa-
rading through the town shouting
insults at de Gaulle.
In Marseille more than 1,000
students marched carrying ban-
ners inscribed "de Gaulle, Assas-
sin," Police made no move to in-
tervene in either city.
There had been a surge of riot-
ing in a half dozen French cities
Tuesday night.
The wave of social unrest
claimed its fifth fatality. A 49-
year-old worker died during a
battle Tuesday between police and
strikers at the Peugeot auto works
at Sochaux, 220 miles southeast
of Paris.
The death was the third in less
than 48 hours directly resulting
from the social crisis. A 24-year-
old worker was shot dead in So-
chaux Tuesday morning.
In Paris 1,500 arrests were made
and 44 persons were held for
further questioning; 194 injured
persons were treated with 93 of
them hospitalized. Destruction of

By PHILIP BLOCK, tion Ia. During Tuesday's pro-
Washtenaw C o u n t y Circuit ceedings he said that "a balance
Judge James R. Breakey, Jr., an- o f circumstances" m u s t b e
nounced yesterday that he was weighed in determining where a
postponing a decision on a case student must vote.
which tests students' voting rights i Breakey said yesterday afteroon
until the state attorney general's that he would call the attorney
office has time to file a brief on general and consult him on the
the case. case.
The case involves a suit orig- Breakey said that he wanted to
inally brought against City Clerk resolve the issue as soon as pos-
John Bentley by eight University sible so that the issue would be
students denied the right to regis- resolved by the time of the fall
ter last March as voters in Ann elections.
Arbor because of discrepencies Of the eight students who were
with residence requirements. the original co-plaintiffs in the
Four students are still actively case, two have already been grant-
contesting the case. ed permission to register based
Breakey said that he wants the on their testimony in -court.
attorney general's office to have In yesterday's action, Timothy
a chance to consider the constitu- Schultz, one of the students, was
tionality and legality of the regis- granted registration privileges on;
tration requirements before he the grounds that he had shown;
makes his decision, that he was economically self-
"In view of the importance of supporting. After hearing his
this case and its probable effect at testimony, City Attorney Peter
other institutions- around the -------
state. I feel that the attorney
general should have the oppor-
tunity to submit a brief on the
issue," Breakey explained.
According to section lla of act
116 of the public acts of 1954,nso w
"residence . . . for registration and
voting purposes shall be construed
to mean that place at which a By DAVID MANN
person habitually sleeps, keeps his Daily News Analysis
or her personal effects and has a Last December, the literary
regular place of lodging." college Administrative Board
"Should a person have more refused initial jurisdiction in a
than one residence . . . that place discipline case against Voice-
at which such person resides the SDS chairman Mrs. Karen
greater part of the time shall be Daenzer, '70, for taking part in
his or her official residence." a disruptive demonstration that
However section 11b of the broke alp a meeting of Univer-
same act stipulates that "no sity officials and Rear Admiral
elector shall be deemed to have S. N. Brown.
gained or lost a residence . . . In the wake of the boar'd's re-
while a student at any institution fusal to hear the case, two con-
of learning." troversial issues developed.
Breakey apparently believes It became apparent that there
that section 11b should not be was a gap in the University's
followed to the exclusion of sec- disciplinary system - if the

ecision
Forsyth said that the city was
now willing to register him.
On Tuesday another co-plain-
tiff, Kathleen Jones, was granted
permission to register after For-
syth indicated that the city was
satisfied with her testimony con-
cerning her relationship to the
community.
The court has been considering
the student cases since\ March
when Breakey said his court did
"not have the authority to change
existing law."
As part of the evidence for the
case, students had to submit their
voting registrationnaires. The reg-
istrationnaires include' address of
the student at the time he en-
tered the University.
Forsythe cited a Michigan
statute which states no person
shall be considered to have gained
or lost a residence while attend-
ing a university as a basis of his
defense.

STEERING COMMITTEE REVIEW

rd: Closing aseric

1~

Lawrence P. Oltersdorf, six
time candidate for the office of
sheriff of Washtenaw County an-
nounced yesterday that he will'
again seek that position.
Oltersdorf, will oppose incum-
bent Sheriff Douglas J. Harvey'
'and David M. Copi for the Demo-
cratic nomination in the August
primary.
His candidacy represents, he
says, a "choice between continu-
ing chaos under the present sher-
iff and a restoration of honesty,
dignity, confidence and leadership
to the office -of sheriff.
The present s h e r i f f "has
brought disgrace to all of us",
Oltersdorf contends.
Sheriff Harvey, Oltersdorf con-
tends, has "lowered the public im-
age of the sheriff's office, de-'
jtroyed personnel morale, spent
recklessly, handled prisoner trus-
tees ineptly and proved himself
a poor administrator."
Oltersdorf first ran for the of-
fice of sheriff in 1952 and contin-
ued to seek that office for the
next ten years.
A Oltersdorf claims the improve-

Oltersdorf did not seek the nom-
ination and supported Sheriff
jHarvey in the 1964 election,
A retired staff sergeant of the
Michigan National Guard, Olters-
dorf is a professional photog-
rapher.
Oltersdorf also had an unsuc-
cessful bid for mayor of Ypsilanti.

I

...,.,..,,,,,..+ , ..., ., .. ; a,........,,., a

.property was widespread.

board refused to hear similar
cases in the future, what body
would hear them?
The more inflammatory issue-
arising from the case was the
fact that after a month of de-
liberation by the Administra-
tive Board, Mrs. Daenzer had
not been notified that she was
being considered for disciplinary
action.
With the impending imple-
mentation of the recommenda-
tions of Hatcher Commission
University-wide judicial system,
the discipline breach is being
narrowed. Recent action by the
board will help to close the
student - administration com-
munication gap.
In an effort to clarify its
function and procedure, the
board decided to state in writ-

The steering committee, in
recess for the summer, is to use
any means it sees fit to ascer-
tain student opinion on the due
process proposal.
That the board chose to set
down in writing its conception
of what constitutes due process
is not in itself significant.
It is significant that the
board voluntarily submitted its
policy statement to a group
composed entirely of students.
Student ratification of a fac-
ulty-administration document is
an important step for bettering
communication between the stu-
dents of the college and its fac-
ulty and administrators.
Once the steering committee
has determined what it feels to
be a consensus of students'
views on the statement, it will
work out with the board a final
draft of the due process state-
ment.
The board which handles
cases of cheating, views , its
disciplinary function as both
judicial and educational. Its
statement reflects this posi-
tion.
The procedures embodied in
the statement leave much more
leeway for the particulars of
individual cases than is found
in strict legal process while it
incorporates constitutional pro-
tection for the ,defendant.

sibility of lengthy hearings on
a student without his being able
to prepare a defense, as might
have happened if the board had
decided to hear the, Daenzer
case.
The right of the student to
counsel is also preserved in the
statement. Prior to his hearing,
the student may confer with
any member of the board for
advice and counsel. In addition,
he may retain a board member
to serve as his adviser during
'the heairing.

)US gap'
During the hearing, the com-
plainant must be present to
answer any questions the board
or student in question might
ask. The student must also be
present, and answer the char-
ges brought against him.
The proceedings of the board
must be kept strictly secret..
In order to deliberate a case,
the board must have represen-
tatives from faculty, adminis-
tration and the student steer-
ing committee, according to the
statement.
W~ v

':

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'

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