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I*ol. LXXIX, No. 48-S
Ann Arbor, Michigan-Tuesday, July 22, 1969
Ten Cents
Four Pages
_:
PENDING EXPERTS' STUDY:
I
Council
decibel
tables
ordinance
fus tiC(
The U.S. Justice Department cur-
rently is investigating Washtenaw
County Sheriff Douglas Harvey and
his deputies for their actions during
last month's street disturbances on
South University Ave., the Detroit
Free Press reported today.
Although the U.S. attorney in De-
troit refused to deny or confirm re-
ports of the probe, another official
admitted the investigation is being
conducted because "we got a number
of complaints from people we consider
to be responsible citizens."
U.S. attorney Robert Grace merely
said that it is not his practice to con-
firm or deny investigations. "I never
acknowledge the existence of an in-
vestigation. I have no comment."
Grace said.,
Dept.
-Daily-Larry Robbins
Concerned citizens ponder council action
Income tax plan
passes first
vote
By JUDY SARASOHN
City Council last night re-
considered and tabled an
amendment approved 1 a s t;
week which restricted the
volume of electronically amp-
lified music or voice in city
parks.
Council's action made the re-
considered amendment ineffective
pending a thorough administrative
study of health hazards and prob-
lems in enacting volume centrols.
The action was proposed b'y Coun-
cilman Leroy Cappaert (D-Ffith
Ward).
Cappaert who said he believes;
that last week council "acted too
hastily with many important
questions unanswered," also sug-
gested that any volume control
should be incorporated in the
general noise ordinance, rather
than the city parks ordinance.
"When we enacted the noise
ordinance we went through a care-
ful study and had a public hear-
ing. Control of volume in elec-
tronic music should be part of
the noise ordinance-not of park
regulations," he said.
"Indeed, if 120 decibels (the;
former amendment's limit on vol-
ume) are injurious to health, it
should be regulated wherever we
can regulate it in te city-not
in parks alone or regarding elee-
tronic music, alone."
Councilman H. C. Curry (D-
First Ward) agreed that the city
should be able to control the noise
of construction areas and of large
trucks which drive through the
city in the morning and "shake
the houses.''
.Cappaert claimed the resolution
passed at the last council meeting
was "terribly weak" because coun-
cil did not "provide for expert
J testimony and review the impact
of the resolution."
"We should have written docu-
mentary evidence to substantiate
the health hazards," said Cap-
paert.
However, Councilman Nicholas
Kazarinoff (D-Third Ward)-the
only negative vote on tabling-
disagreed. "It isn't alvays nec-
essary to have personal expert
testimony," he maintained. Kaza-
rinoff believed that the federal
and local reports which he cited at
council last Monday were suf-
ficient.
Kazarinoff d i d acknowledge
that his limit of 120 decibels was
arbitrary. After the amendment
was reconsidered, he moved-but
was defeated-that the upper
limit be 140 decibels, which he
claimed to be the "threshold of
pain" and 100 times more intense
than 120 decibels.
Prior to action on the decibel
ordinance, council also heard from
residents for and against rock
concerts in the city parks. William
Christley, speaking for a group of
businessmen and "people who are
demanding law and order," said
that people were not against the
concerts "per se" but he warned
that Ann Arbor is "verging on the
point of chaos and anarchy."
Ater
motiol
rejects
n to ha
la ndlords'
lt
rent strike
JSets Aug. 21 hearing
'for conspiracy trial
By NADINE COHODAS
Circuit Judge William F. Ager, Jr. has denied a motion by
seven Ann Arbor landlords to halt the five-month old rent
strike.
The landlords' motion was part of a conspiracy s u I t
against tenants which charges that the ultimate goal of the
rent strike is an attack on the concept of private property. In
addition, 12 of the 91 defendants named in the suit are charg-
ed with conspiracy to violate existing and future leases and
to obtain libelous articles in The. Daily.
Ager also upheld the issuance of subpoenas which would
allow the Tenants Union to examine the business records of
landlords in order to check the landlord's claims of damages'
against the Tenants Union. =-
The investigation, which began last
week, involves complaints of police
brutality from some of the 69'persons
arrested during the four nights of
South University disturbances.
The complaints include one that
deputies physically molested a woman
and another that they made obscene
threats over the County Jail loud-
speaker system to three other women.
In addition, many of those who were
arrested have complained that ex-
cessive force was used on them. And
of the eleven arrested who have been
tried, six have been found innocent
and or have had charges dropped
against them.
Harvey said last night that he did
not know about the probe, and added
that he did not care. "I don't care
probes I
who investigates us. Nothing was
wrong up there despite what the
press wrote," he said.
It is not known how the complaint
reached the Justice Department. The
city also, has a two-man team look-
ing into several other complaints aris-
ing from the South University con-
frontations. However, this committee
has just began investigating.
Part of the U.S. investigation is
being based on an article in The Daily
which detailed complaints of mis-
treatment taken from interviews with
35 of those arrested.
The complaints listed included that
of Dr. Edward Pierce, former Ann
Arbor Democratic Party chairman and
ore-time mayoral candidate, who said
he was struck with a billy club four
Iarvey
times while being dragged down South
University early Thursday morning.
Pierce said he was dumped into a gut-
ter. He was charged with inciting to
riot but the charges were dropped later
Thursday.
Charges were also dropped against
recent Big Ten wrestling champion
Lou Hudson, '70, who said he was
struck twice in the stomach by a rifle
butt by a county deputy before being
dragged down East University Ave.
Also dropped were charges against
Robert Galardi, who had been dis-
charged from the U.S. Marines on the
preceding day. Galardi says he suf-
fered repeated blows from rifle butts
and billy clubs as police charged him
into a house. I
By JUDY SARASOHN
City Council last night approved on first reading a uni-
form city income tax ordinance and a "resolution expressing
intent" to reduce the existing property tax.
The income tax would provide for a one per cent levy on
all Ann Arbor residents and a one-half per cent levy on non-
4esidents who work in the city.
Coupled with the income tax, the Democrat-proposed
resolution calls for a 7.5 mill reduction in the property tax.
The reduction is designed to offset the income tax.
In addition Council also approved a resolution to amend
the City Charter to stipulate that when the income tax ordi-
____-- . rance is in effect the property
tax may not be raised above
II I7.5 mills.
resignS.
position
The Ann Arbor Housing Com-
mission last night accepted the
resignation of commission director
jrs. Joseph D. Mhoon.
The announcement was made by
commission chairman Robert P.
Weeks after a closed executive ses-
sion to discuss commission person-
nel needs.
Weeks said the commission had
a "frank and profitable discussion
About the problems ofthe commis-
sion "and added that it was "in
the best interest to. accept Mrs.
Mhoon's resignation. We accept it
poth with regret and apprecia-
tion," Weeks said.
Mrs. Mhoon had no comment on
her accepted resignation. However,
fAe immediate reason for her
fourth withdrawal from the com-
mission (the other three were not
permanent) was a dispute over her
role in selecting new staff mem-{
bers.
Last week commission members
Insisted they would hire the three
*ew staff members for which city
council had allocated $26,000.
Both the city income tax and
the City Charter amendment-if
council approves them at the sec-
ond reading at the Aug. 4 meet-
ing - will go before Ann Arbor
voters in a Nov. 3 election.
If council did not refer the ordi-
nance to a public election in the
fall, citizens could file petitions
forcing a referendum on the issue.
Mayor Robert Harris introduced
the resolutions last night, saying
"One of our main duties in city
government is to insure that our
revenue system is both adequate
and equitable."
Harris said he believed the in-
come tax is more equitable because
"it imposes little or no burden on
low-income families." He added
that the "cut in property taxes
will give immediate relief to home-
owners with modest incomes."
-Daily-Larry Robbins
Huzzah. rlhe street s open
Yes, drivers. You can finally drive through Maynard St. now that construction on the parking
structure is nearly through. But be careful . . . it's one way.
INVOKE NEW RULE.
LSA board
disciplines
The landlords are seeking $10,000
in individual damages, $300,000 in
exemplary damages and recovery
of unpaid rent being held in
escrow.
"The court is of the opinion that
the book and records covered by
the subpoena are material and the
motion to suppress (the subpoena)
is denied," Ager said.
"This is the best decision Ager
could have made," said steering
committee member Stu Katz yes-
terday.
"There will probably be no in-
junction, the landlords will have
to produce their records to try
the case and the timing is perfect.
SEveryone will be coming back to
school during the trial and people
will be able to see the internal
workings of the landlords' minds,"
Katz said.
William D. Barense, attorney
for the landlords, who said yester-
day he had not yet seen Ager's
opinion, declined to comment on
the ruling.
None of the Tenants Union legal
staff has seen Ager's opinion yet
either, but one of the lawyers ex-
plained yesterday there is still no
guarantee Ager will not issue a
temporary injunction before Aug.
21, though it appears to be very
"unlikely."
The landlords had asked for
summary judgment against the
tenants, which would have found
them guilty of the conspiracy and
granted an injunction to halt the
strike.
However, Ager's denial of that
motion and of the Tenants Union
See AGER, Page 3
student for disruption
BY DANIEL ZWAERDLING during last April's abortive class-,
Lowering the property tax would Christley also asked council tothe room strike.
also "attract more business and "clean up the town," citing the TThe case raises the question
industry to Ann Arbor," Harris distribution of material which I literary college has tried and con- whether or not the Administrative
maintained. He said 't would re- interpret as obscene, pornographic victed a student for disrupting a Board-comprised of nine facultyl
duce the tendency of industries to and pure garbage." class, in effect rebuffing Student and administrators, and two non- i
"produce blight" because the exist- Robert Barth, who said he rep- Government Council rulings that voting students-has jurisdictioni
ing tax discourages real property resented the "youth element,"; all students must appear before over student disciplinary matters.
improvements, claimed that people are tired of student-formed courts. James Shaw, assistant dean ofR
City residents would be able to, the hypocracy of the people who In the first disruption case it the literary college, maintains the
claim tax credits against state in- I Want to put "1927 morals and has ever heard, the board two board "has de facto responsibility c
come tax payments. "For the city values on children." weeks ago sentenced Shaw Whit- under the Faculty Code" to ad-!
as a whole," Harris said, "it is "I haven't seen any city parks ney, '71, to one year's disciplinary judicate student disruption cases.1
worth more than a quarter of a where these sacred citizens haven't probation for participating in a But under a Central Judiciary
million dollars." been drinking," said Barth. Resistance guerrilla theater skit System established by SGC last
fall, all students charged with yio-I
LEAVE LUNAR ORBIT lating academic or non-academic
regulations must appear only be-
fore courts formed by democratic-
ally-elected student governments
in the schools or colleges.
uts start retu rn t Earth.' The only students who partici-
pated in the Whitney case were;
plained troubles in the docking two appointed members of the LSA
and Collins reported that Eagle steering committee.
was jerking during the man- eSGC President Marty McLaugh-j
euvers. But the two space me- lin says that under SGC legisla-
hides becamehlocked together- tion, "The board clearly has noc
three minutes later than plan- authority to hear disciplinaryz
ned. s-cases. It is not formed of students,,
and it does not represent any stu-
Docking was critical to the dent government organization."
safe return of Armstrong and But McLaughlin notes that!
Aldrin because Eagle is not de- "there is not much SGC can say
signed to withstand the heat of about the Whitney ease, except de-
- -- - sT -4. 44.". - 4U $ ,,.. .l--- 1 '{ Tn rt4 n ri.nt.11HA Tr
disciplinary cases if and when
such a judiciary is established.
The Whitney case came before
the board after Prof. Bernard Gal-
ler of the math department asked
it to investigate the "class disrup-
tion" stemming from an anti-war
and draft skit enacted by Whitney
and two other students last April.
According to Galler, "two men
dressed in army fatigue uniform
(with one carrying a rifle or car-
bine) entered the room . . . con-
See LSA, Page 3
Ed selhool
discusses
priorities
By JUDY KAHN
Student representatives of the
education school met last night
with Dean Wilbur Cohen to dis-
cuss the, objectives they believe to
be most important in establishing
new priorities for the education
school.
Cohen, who became education
school dean on July 1, presently is
involved in establishing new prior-
ities within the school. Both fac-
ulty and students are being asked
to contribute proposals and sug-
gestions for establishing these
priorities. Faculty members have
also been asked to define their
own goals for the coming year as
well as for the next five years.
Student representatives present
last night agreed that the most
important priority facing the ed-
ucation school is the establishment
of a new decision-making struc-
ture in which students can be
actively involved.
Student participation should not
be confined to making recom-
mendations. Instead, it should be
followed through with active stu-
dent participation in any steps in-
volved in creating change within
the school, the representatives
said.
The structural -change which
students indicated they are most
interested in creating is an em-
phasis on experimentation and re-
search, with major emphasis in
the field of urban education.
The students believe this would
involve a shift in the school's en-
rollment to include a series of ex-
perimental undergraduate pro-
grams leading to a reduction in
the total number of students en-
rolled. It would also mean less
stringent course requirements.
Under the present system stu-
dents are unable to develop their
own "individuality," said Marga-
ret Wade, a student representa-
tive on one of the school's admin-
istrative committees.
Anta trantzniti a ,l,
Columbus, York, Pa.
riots leave two dead
Astronai
By DAVE CHUDWIN
Special To The Daily
CAPE KENNEDY-The Apol-
1. 11 astronauts are heading
back to earth after a trium-
phant 21 hr., 36 minute visit
to the moon. The moonmen,
back in their command ship
Columbia, fired their engines at
12:57 a.m. today to put them-
selves on a homeward path.
COLUMBUS, Ohio (0)- Nearly
2,000 police and National Guards-
men were pressed into service
last night to put down racial dis-
orders in whic hat least one per-
son was slain.
Police Lt. Richard Born said a
civilian was shot and killed at a
street intersection on the troubled
near east side as he held a flare
to assist police.
About 50 persons were arrested
roadblocks to stop traffic through
the area.
John McElroy, the governor's
chief aide, said Rhodes authorized
deployment of the troops.at the
request of city officials. The ac-
tion came after rock-throwing
crowds gathered in a half dozen
locations in the predominantly
black areas following a fatal
shooting.
Meanwhile in York, Pa. a 27-
<rrt_nr hl o s - -m n n ft.11