COMING BACK FROM THE MOON See Editorial Page C, r lflf tr igan A6V 4hp :43 a t I TYPicAL High--S3 Low-62 Partly sunny, partly cloudy, partly everything k'L 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-