WARREN BURGER:
'LAW AND ORDER' MAN
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Vol. LXXIX, No. 13-S Ann Arbor, Michigan-Friday, May 23, 1969 Ten Cents
Four Pages
Student killed in Greensboro clash
Police patrol campus
at No. Carolina A&T
GREENSBORO, N.C. (R)-A state of emergency was de-
Glared ' in Greensboro yesterday and North Carolina A&T
University was ordered closed after a night of violence during
which a black student was killed as police and snipers ex-
changed fire.
The victim was Willie James Grimes, 20, of nearby
Winterville.
Guilford County coroner, Dr. Allen R. Coggeshall, said
Grimes was struck in the back of the head by a small-caliber
bullet while le was in Scott Dormitory at the predominantly
black university.
Dr. Lewis C. Dowdy, president of the university, an-
nounced the indefinite suspension of all classes.
----- Dowdy said dormitories and
dining halls would be closed effec-
Sheriff
hires
H arvey
)atrolmanl
in
HRC
incident
'S)S loses
bid to meet
"it EPMI T
1L X.L~iT .RJ
Ten members representing Stu-
dents for a Democratic Society
yesterday were denied permission
to use the Eastern MichiganUni-
versity field house for an SDS con-
vention by the Eastern Board of
Regents.
The 'board issued the denial un-
animously and without debate.
EMU president Harold Sponberg
and Lewis Profit, vice president
for business and finance indicated
that granting permission would be
a violation of rules adopted pre-
viously by the regents.
No group whose "aims and ob-
jectives" are not the same as
Eastern's is allowed to hold con-
ferences or conventions on the
campus.
Profit said he .asked SDS stu-
dents who approached him prior to
the meeting if their aims and ob-
jectives coincided with Eastern's.
Peter Vurdock, an SDS mem-
ber, said at the meeting the an-
swer was no. "I have no argument
with this asthere iare obviously
basic political differences between
o r philosophies," he said.
"But the only'reason our request.
is being denied is because ofdif-
ferent ideologies," he added. "The
facilities are available and the
convention could easily be ar-
ranged. This is another example
of repression of the new left and
the black movement," Murdock
said.
Later yesterday Murdock said
he did not expect the convention
to be held in Ypsilanti. He in-
dicated that other SDS members
in other cities ' are working on
finding a convention site.
The convention for an estimated'
2,500 SDS members previously has
been held at the University and
at Michigan State University.
Eastern SDS members have been
meeting with Vice President for
Student Affairs Robert Zum-
winkle and other faculty members
ever since the regerts agreed to
review a;list of demands presented
to them at their April board meet-
ing.
These demands include open ad-
mission for "black and third
world" students, elimination of
ROTC and, establishment of a
birth control clinic by EMU of-
ficials.
"I think the ptudents learned a
few things about what we are al-
ready doing to identify disad-
vantaged students," Zumnwinkle
said. However, Murdock has in-
dicated he is dissatisfied with the
meetings.
tive at 6 p.m. today and he urged
all students to make immediate
preparations to leave the cahnpus.
He said all school activities are
being suspended except the bacca-
laureate-commencement convoca-
tion which will be held as sched-
uled June 1.
The shootings at the university
began Wednesday night after po-
lice had used tear gas to disperse
unruly crowds of pupils at pre-
dominantly black James B. Dud-
ley High School. Dudley pupils
had protested conduct of a recent
class election.
About 200 National Guardsmen
were in the city yesterday along
with local and county officers
and state highway patrolmen.
Some guardsmen were at the
university, some at Dudley and
others remained on standby at the
armory.
Major Jack Elam ordered cur-
few hours from 8 p.m. yesterday
to 5 a.m. today. He said the cur-
few would be extended on a day-
-to-day basis if needed.-
Elam ordered that no demon-
strations be held and no alcoholic
beverages or guns or ammunition
be sold as long as the curfew is
in effect.
Police Col. Walter A. Burch,
head of the police detail near the
A&T campus, said his men fired
only when fired upon and did not
enter the campus. \
Police and firemen went to the
A&T campus yesterday when a
truck was reported on fire, but of-
ficers said they were driven away
by rock-throwing students.
Ce
--Associated Press
NATIONAL GUARDSMEN with bayoneted rifles and police held nearly 250 persons in the corner
of a downtown Berkeley parking lot. All were arrested.
Berkeley police arrest
I0
250M
BERKELEY, Calif. (I') -Riot-ready Na
Guardsmen surrounded and arrested abou
people's park" demonstrators yesterday in
town Berkeley.
There were no injuries as authorities mop
on a crowd of about 800. Most of the demo
tors fled, but others stood or sat down in an
and were arrested, police said.
The arrests, for unlawful assembly and f
to disperse, brought the week's total in this
University of California community to nearl
The prisoners were booked on "field a
cards and herded into Alameda County sh
vans which ferried them to Santa Rita Prisoi
county jail.
park
protest
tional The arrests were made after guardsmen warned
t 250 the demonstrators they were violating dov. Ron-
down- ald Reagan's emergency order banning marches
and assemblies in Berkeley.
ved in About 300 troops trapped the protesters in an
nstra- alley as they were marching arournd, reportedly
alley looking for another "people's park" site.
Earlier yesterday, University of California
ailure President Charles Hitch said the responsibility for
tense tactics in the week-long "people's park war" lay
y 600. with the sheriff.
rrest" "I deeply regret that those in authority de-
eriffs' cided that certain tactics were necessary to protect
n, the persons and property," the president of the state-
wide nine-campus system said in a statement.
w-Hitch made a pointed effort to
take the heat off Roger Heyns,
chancellor of the Berkeley cam-
pus, whose home was besieged for
several hours yesterday by some
1,000 chanting, singing demon-
fece 'strators.
By JUDY SARASOHN
County Sheriff Douglas Har-
vey yesterday 'confirmed re-
ports that he has hired as a
county deputy the former city
patrolman who was accused
by the Human Relations Com-
mission of beating a staff
member arrested on assign-
ment.
Harvey defended the actions of
Wade Wagner, who subsequently
waived his right to a hearing and
resigned from the city police after
a report by the city administrator
and the city attorney confirmed
that he struck HRC staff member
Ray Chauncey twice after his ar-
rest, causing Chauncey to require
medical treatment.
"Anyone of my men including
myself would have struck the per-
son if they were attacked," Har-
vey said.
"Wagner has, been a patsy. He
did not strike' Chauncey when
Chauncey had handcuffs off, and
Chauncey was not beaten up," he
added.
The city attorney's report said
there is disagreement as to what
Chauncey's actions were imme-
diately before he was struck. How-
ever, HRC director David Cowley
maintains that Chauncey in no
way acted in disorderly manner.
Harvey's hiring of Wagner
brought strong reactions from the
HRC and members of the* com-
munity, including local black lead-
ers. As a county deputy, Wagner
will continue to patrol the area
with similar powers to that of a
city policeman.
Dr. Albert Wheeler, state NAACP
chairman, claimed that Harvey
has also hired a few other former
Ann Arbor-and Ypsilanti police
who had been accused of using
"harassing tactics."
"We must assume that Harvey
has become a haven for this type
of policeman," Wheeler said.
Wheeler said research is being
done in Lansing to find legal
grounds for possible action against
Harvey's hiring policies. He said
he will also seek a ruling from
local district judges if necessary,
although he is not certain what
the court could do.
"There has been no ruling or
law against hiring Wagner," Har-
vey said yesterday. "I'm an elected
official and I have the right to
hire or fire whomever I want."
HRC director Cowley said yes-
terday that he will contact the
state civil rights commission about
registering a complaint against
Harvey.
Cowley has maintained that
what happened to Chauncey at the
police station is symbolic of treat-
ment received by other blacks. The
civil rights commission is empow-
ered to impose correctionary meas-
ures in cases of racial discrimina-
tion.
0. Herbert Ellis, a member of
the county board of supervisors,
who have budgetary control over
Harvey, said yesterday that Har-
vey's action seemed irregular at
this point. He said he would check
See HARVEY, Page 2
-Daily-Jay Cassidy
Sheriff Harvey
RESUME JUNE 6:
Tenants'
Union
$2000 A YEAR:
Burger admits receiving~
from Mayo Clinic found
ration
WASHINGTON (Y')-Judge War-
ren E. Burger, nominated by Presi-
dent Nixon to be chief justice, has
been paid $2,000 annually as a
trustee of the foundation which
runs the famed Mayo Clinic in
Minnesota, an official said yester-
day.
Former President Lyndon B.
Johnson is also a member of the
board at the same salary.
Burger, in a statement issued
from his home, confirmed last
night he had been paid a total of
$7,500. Earlier he had estimated a
figure of $3,500.
He{said he did not know whether
he would remain on the board in
view of his nomination.
Meanwhile last night a panel of
11 federal judges announced they
will meet at the Supreme Court
tomorrow at the request of Chief
Justice Earl Warren to consider
setting up conduct and disclosure
rules for judges.
Among the.items up for discus-
sion are bills pending in Congress
that would require judges to dis-
close their income and invest-
ments.
Justice William 0. Douglas has
draw'n criticism in Congress over
his $12,000-plus annual salary as
president of another foundation
which has had ownership ties with
Las Vegas gambling casinos.
Justice Abe Fortas resigned
from the Supreme Court under
fire last week over a $20,000 check
from the family foundation of
convicted financier Louis E. Wolf-
son.
Burger has been on the board
of the Mayo Foundation since
1959. The foundation owns the
Mayo Clinic at Rochester; Minn.
The clinic administrator, Mark
G. Brataas, said the $2,000 honor-
arium is paid to each of the six
public members of the board.
The members attend four meet-
ings a year, he said. Each meeting
lasts one day.
Brataas said Burger and other
board members also receive ex-
penses for travel and for lodging
in Rochester during the meetings.
The foundation, with assets ex-
ceeding $100 million, owns the!
facilities of the Mayo Clinic, he
said, and also finances graduate
studies at the hospital complex.
Brataas said six 'members of
the board are chosen from the
public and the other seven are on
the staff of the clinic.
The public members, in addi-
tion to Burger and Johnson, were
listed by him as:
Atherton Bean, head of Inter-
national Milling in Minneapolis;
Samuel O Johnson, president of
S. C. Johnson & Son, Racine Wis.,
which makes Johnson's wax; W.
Clark Wescoe, chancellor of the I
University of Kansas; and Dwight
L. Wilbur, San Francisco, Calif.,
president of the American Medical
Association.
Brataas said former President
Johnson was named to the board
in February after he left the White
House.
He said Johnson is due tore-
ceive. his $2,000 later this year.
Burger, a native of Minnesota,
was named to the Mayo board
three years later after he was ap-
pointed a federal judge by Presi-
dent Dwight, D. Eisenhower.
If confirmed as chief justice,
Burger will get a salary boost to
$62,500 a year. He now receives
$42,500 as a federal judge.
The Mayo Foundation, formed
in 1919, not only owns the facili-
ties for the world-reknown clinic
in Rochester, Minn., but also fi-
nances graduate studies at the
huge medical complex.
It has assets of more than $100
million.
Sen. Roman L. Hruska (R-Neb.)
said there did not appear to be
any impropriety in Burger's role in
the Mayo Foundation.
Heyns on May 15 called police
who forcibly recovered a univer-
sity-owned lot outside the cam-
pus, which Telegraph Ave. resi-
dents and others had appropriated
as a "people's park."
In the battle that followed,
James Rector of San Jose, was
fatally shot and 127 other persons,
including 60 peacedofficers, were
injured or wounded.
University students made com-
mon cause with the park people,
the National Guard was called in,
and the campus*has been in an
uproar ever since.
It was not Chancellor Heyns who
called in 2,260 National Guards-
men or activated the state's mu-
tual aid program to bring in
outside police, Hitch said.
In protest of tactics used against
the demonstrators, 375 students
continued a two-day sit-in at the
administration building at the
University of California at Los
Angeles with UCLA administra-
tion permission.
ease,,delayed
By HAROLD ROSENTHAL
Action in the' conspiracy suit brought against the Ten-
ants' Union by seven landlords was delayed once again yes-
terday.
In a pre-trial hearing, Circuit Judge William Ager decided
to set June 6 as the date when he will rule on motions by at-
torneys from both sides.
The landlords are asking for temporary and permanent injunc-
tions against the rent strike. Besides the injunctions, they are asking
for $10,000 in individual damages, $300,000 in exemplary damages,
and recovery of more than $100,000 rent being held in escrow.
Included in the permanent injunction case is a conspiracy suit
which charges that the rent strike is an attacle on the concept of pri-
vate property. The landlords claim that the strike involves conspir-
acy to violate existing and future leases and to obtain libelous articles
in The Daily.
Included in the proposals to be heard June 6 are motions for dis-
missal of the entire case and for summary judgment by Ager.
The motion for a summary judgment, which is being entered by
William Barense, attorney for the landlords, asks that Ager imme-
diately grant the demands of the landlords. The motion for dismiis-
sal, entered by the Tenants' Union, asks that the entire suit be dis-
missed,
Barense asked for the summary judgment on the basis that the.
case is "a matter of law" and can be decided without hearing testi-
mony.
John Lafferty, an attorney for the Tenants' Union, questioned
this and argued that the case is also a matter of facts which had yet
to be heard by the court.
After the motion for dismissal was entered, Ager said the mo-
tion could only be entered by an attorney if that attorney believed a
See STRIKE, Page 2
State group considers effect
of student vote bill on tuition
'SNOOPY,' APPOLLO 10 DOCK
Astronauts complete module test
II
By SHARON WEINER
The state senate appropria-
tions committee yesterday heard
proponents of the student voter
bill argue that the measure
would not affect out-of-state
student tuition rates.
The bill was referred to the
committee because some legis-
lators feared a change in the
voting residence requirement
would enable out-of-state stu-
dents to claim eligibility for
lower in-state rates.
However, it was not clear if
the proposal would win the five
votes it needs to be reported out
of the eight-man committee,
even though backers of the bill
on the writing of the bill, Levin
and Senator Anthony Stamm
(R-Kalamazoo) tried to per-
suade the committee to pass the
bill onto the floor of the Senate
instead of keeping it bottled up
in committee.
Proponents of the bill ex-
plained to the committee that
anywhere from 15 to 5 differ-
ent standards of residency cur-
rently exist under state law.
One example given was the out-
of-state student who pays Mich-
igan income tax in certain cases,
but it still denied the right to
vote.
They argued that a change in
the voting law would therefore
tions committee. At the time,
several legislators said the
move meant death for the pro-
posal, because it could prevent
the measure from coming to a
vote on the Senate floor.
The deadline for reporting
bills out of committee is Mon-
day.
Levin said there "is a fight-
ing chance the bill will get out
of committee."
If we do succeed in bringing
it to the floor, there will be
another hard fight to pass the.
bill," he added.
John Bentley, Ann Arbor City
Clerk, was present at the hear-
SPACE CENTER, Houston (R) - Two
Apollo 10 astronauts returned safely to
their command ship yesterday after twice
flying a fragile spacecraft within 9.4 miles
of the lunar surface in man's closest ap-
proach to the moon.
Air Force Col. Thomas P. Stafford and
Navy Cmdr. Eugene A. Cernan guided their
lunar lander module through a complex
series of rocket firings that brought it to
a rendezvous in moon orbit with the com-
mand ship.
Navy Cmdr. John W. Young, the com-
mand ship pilot who remained in a 69-
mile-high orbit of the moon, closed the
final few feet separating the craft. He
guided a probe on the nose of his ship into
a hard docking of the two craft.
A shout of happiness came down from
r :
ammen