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Vol. IX, No. 25
Ann Arbor, Michigan-Thursday, October 5, 1978
Ten Cents
Twelve Paces
UAW, DEMS SUPPORT PROPOSAL 4
Parties split on constitutional convention proposal
By AMY SALTZMAN
Michigan's last constitutional con-
vention met in 1963. One of the changes
made at that time in the state's gover-
ning document was that the question of
calling a constitutional convention
would automatically be submitted to
the electorate in 1978 and every 16 years
thereafter.
The question will appear on Novem-
ber's ballot as Proposal A. The
Republican Party is opposed to con-
vening a constitutional convention. The
Democrats like the idea.
OTHERS CLOSE to the election
campaign view Proposal A as par-
ticularly relevant in this election
because the ballot also includes
proposals that would alter the present
tax structure in the state.
"We think a forum like a con-
stitutional convention makes the most
sense for discussing a sensible tax
proposal," said Sam Fishman, director
of UAW-CAP (United Auto Workers -
Community Action Program). "It is
usually done with headlines and distor-
tions through the media, but serious
matters like tax relief are handled best
by an informed legislative body."
The UAW has joined with several
other influential state organizations in
an attempt to defeat the three tax
reform amendments to the state con-
stitution on the November ballot.
Democratic candidate for Governor,
William Fitzgerald, in sticking with the
official stand of the Democratic party,
has also come out in favor of a con-
stitutional convention.
ACCORDING TO Fitzgerald's press
secretary, Larry Good, one of the can-
didates primary reasons for supporting
the proposal, is that he believes it is
simply time to make some changes in
the existing constitution.
In reference to the various tax
proposals, Good said, "It is a much
saner process to view the whole
document at the same time (through a
convention, than to look at it
piecemeal."
The Republican party, which is in op-
position to the proposal, has put
together a study dealing with why a
" The 1963 constitution has been
working well and after only 15 years, it
lacks legal maturity - it hasn't had
"We think a forum like a constitutional convention
makes the most sense for discussing a sensible tax
proposal. It is usually done with headlines and distor-
tions through the media, but serious matters like tax
relief are handled best by an informed legislative
body. -Sam Fishman, UA W-CAP director
easily be changed by separate amen-
dments. Aside from the tax reform
amendments, some of the other amen-
dments for which there is strong sup-
port include prohibitions against
discrimination on the basis of age and
sex, changes in the judicial selection
system, and 'reforming the election
process of a superintendent of
education.
" The Republican party feels that
groups who want to make changes are
wrongly trying to legislate through a
constitutional convention.
" The party also sights the high cost
of a constitutional convention (ap-
proximately $8 million) as unnecessary
since the proposals could be handled
See PARTIES, Page 5
constitutional convention would be un-
necessary at this time. Some of the
major points presented were:,
enough time to be tested in different
situations.
9 The topics at issue could just as
MSA
officers
challenged
in suit
By MARIANNE EGRI
Eric Arnson and Nancy Smith claim
to be president and vice president of the
Michigan Student Assembly (MSA),
but MSA Member Irving Freeman has
filed suit with the Central Student
Judiciary (CSJ) to prove they're not.
Freeman claimed last April's at
large MSA election for the president
and vice president is void because the
ballot amendment creating these of-
fices didn't go into effect until after the
election. Freeman and Kate Rubin both
lost bids for president in the April race.
PASSAGE OF the amendment -
which calls for electing the president
and vice-president by the student body
at large - ended the MSA tradition of
electing leaders from within the
group's membership.
The MSA constitution states an
amendment "shall not take effect until
45 days after certification of the elec-
tion in which it was adopted unless
otherwise provided for as part of the
amendment question."
Since CSJ certified the amendment
March 12, it should not have taken ef-
fect until April 26, according to the MSA
Constitution. The election ran from
April 10-12.
BUT ARNSON said the passage of
Proposal II, which appeared on the
April ballot, made the election valid.
Proposal II stated: "The president
and vice president elected in this elec-
tion shall be seated immediately, and
this is a binding constitutional amen-
dment."
"We left out a clause that said the
voting for president and vice president
at large shall take effect immediately,
so we tried to remedy the situation with
Proposal II," Arnson said.
Freeman said since the proposal was
not part of the original amendment it is
not adequate to amend the constitution.
CSJ CHIEF Justice Tom Potter
agreed Proposal II was not sufficient
Senate votes
ag ainst state
Daily Photo by BRAD BENJAMIN
DR. EDWARD PIERCE makes a point last night as C. William Colburn looks on. Pierce and Colburn are the candidates in a
hotly contested state Senate race..
ERA r
WASHINGTON (AP) - The Senate
signaled yesterday that it will extend
the ratification deadline for the Equal
Rights Amendment and decided that
states cannot use the additional time to
take back their approval of the ERA.
By a 54-44 margin, the Senate rejec-
ted a proposal by Senator Jake Garn
(R-Utah) to couple an additional 39-
month ratification period with an op-
portunity for ratifying states to rescind
their actions .
THE VOTE eliminated a major
congressional obstacle facing ERA ad-
vocates while dealing a severe blow to
ERA opponents.
Senator Birch Bayh (D-Ind.), prin-
cipal Senate sponsor of the extension,
predicted the Senate would approve the
ERA extension by a healthy margin
when the issue comes to a final vote set
for Friday.
Garn conceded that the vote was a
major setback for those fighting ad-
dition to the U.S. Constituion of the
ERA, which would specifically bar
discrimination on the basis of sex.
"IT IS QUITE clear to me that the
opponents have the votes to pass the ex-
tension," he said.
In August, the House passed a
measure moving the ERA ratification
deadline from March 1979 to June 30,
1982.
The measure does not require the
signature of President Carter, who has
been a staunch supporter of ERA.
SARAH WEDDINGTON, special
assistant to the president for women's
issues, said Carter was "gratified" by
the Senate action.
,epeals,
"He believes the Senate vote today
moves us one step closer to final
passage of this resolution which may be
necessary to ensure ratification of the
Equal Rights Amendment," Wed-
dington said of Carter.
The ERA was initially approved by
Congress in 1972. It needs ratification-by
38 states to become part of the Con-
stitution.
THIRTY-FIVE legislatures have
ratified the ERA, but those of Idaho,
Kentucky, Nebraska and Tennessee
have voted to reverse their stands. The
Kentucky recision vote was subsequen-
tly vetoed.
Garn's amendment would have ap-
plied only to reversal votes taken after
the extension period begins on March
23, 1979. It would not have validated the
ones already takenalthough those
states would have been free to vote
again.
Bayh told the Senate it is up to
Congress to determine, after all states
have voted to ratify, whether to permit
the reversal votes.
IN A STATEMENT after the vote,
Bayh said passage of Garn's proposal
"would have effectively killed any
chance for final ratification of the
Equal Rights Amendment."
He said the extension measure
probably would have been pulled from
the floor had the Garn move succeeded.
Representative Elizabeth Holtzman
(D-N.Y.), who sponsored the extension
in the House, commented, "I believe
that the Senate action today means the
See ERA, Page 2
DISCUSS ABOR TION FUNDING:
Colburn, Pierce debate
By MARK PARRENT
State senatorial candidates C.
William Colburn and Edward Pierce
debated a potpourri of issues last night
at the Michigan Union before close to
100 persons. Republican Colburn and
Democrat Pierce are vying for the 18th
district seat of retiring Republican
State Senator Gilbert Bursley.
The issue generating the most
audience reaction was the question of
whether the state should finance abor-
tions for low-income Medicaid recipien-
ts. Pierce, an Ann Arbor physician, said
he advocates the use of state money for
abortions for low income women.
Colburn, a University speech professor,'
said his "personal beliefs and
philosophies" prevented him from ad-
vocating publicly funded abortions for
anyone.
IRONICALLY, THE candidates hold
opposite views on this matter than their
party counterparts running for gover-
C.i ALttI KJIV
See SUIT, Page 2
nor. Pierce said it is a non-partisan
issue.
Discussion of the abortion issue
prompted a question of whether either
of the candidates would ever vote
against his conscience to represent the
views of constituents. "Yes, I have that
right," said Pierce, "but it is truly
risky." At that point, Pierce lost his
balance and fell off the platform into
the arms of his opponent. He was not
hurt.
The candidates' views also differed
on the merit of the tax proposals on the
ballot in November. Both said they are
against the Tisch amendment, which
would slash property taxes, and the
school voucher plan, but Colburn en-
dorsed the Headlee tax limitation plan.
"We have moved into an age of limits,,,
said Colburn. He said state spending
must be limited to only the growth of
the income of the people of the state, as
the Headlee amendment calls for.
"(THE HEADLEE amendment) cuts
the current spending rate into stone"
and would not allow adequate
flexibility, said Pierce.
The candidates expressed the similar
views on many issues. Both Colburn
and Pierce oppose the death penalty,
the ballot proposal that would raise the
drinking age to 21, and the concept of a
student-elected regent with full regen-
tal powers.
Because of various primary recounts,
Colburn has only been the official
Republican candidate for a week. Last
week, it was determined that Colburn
defeated City Councilman Ronald
Trowbridge by a slim margin in the
Republican primary held August 8. The
debate last night, which was sponsored
by the Michigan Student Assembly and
the student group "The Mad Hatter's
Tea Party," was only the second time
See CANDIDATES, Page 12
Bar Assn. accused
of political party bias
PBB may influence
child learning skills
WASHINGTON (AP)-The American
Bar Association was accused yesterday
of opposing the federal judicial appoin-
tment of an Iowa lawyer solely because
he has been active in Democratic
politics, including President Carter's
1976 election campaign.
Democratic members of the Senate
Judiciary Committee said the ABA
failed to make a case on why Carter's
nomination of Donald O'Brien's should
be rejected.
AN ISSUE IN the controversy is
whether Carter is carrying out his
campaign pledge to nominate judges on
merit rather than political loyalty.
Sen. John Culver (D-Iowa) said the
Thursday
" The Royals turned the tables
on the Yankees yesterday in
Kansas City. See the story on
Page 11.
" Tuesday night's electrical
storm played havoc with some
ABA's background investigation of
O'Brien was run "in a high-handed and
irresponsible fashion."
He said the ABA's 14-member Stan-
ding Committee on the 'Federal
Judiciary decided in advance that
O'Brien should not be confirmed, and
then "constructed" a Case against him.
CULVER SAID the ABA appears to
want to turn the federal judiciary int
"some kind of insulated high
priesthood" with political experienc
automatically excluding any potential
nominee.
Sen. Edward Kennedyu (D-Mass.)
who becomes chairman of the full
Senate Judiciary Committee next year;
and Sen. James Abourezk (D-S.D.) both
said O'Brien was qualified despiteth
ABA opposition.
Thomas Deacy, an ABA official wh
helped investigate O'Brien, said the o
position was largely based on O'Brien'
role as prosecutor in a 1955 murde
case.
AS PROSECUTOR in Woodbur
County, Iowa, O'Brien obtained th
tape of a confession from accused mur
derer Ernest Triplett, then held in
* .LANSING (UPI) - Health officials
said yesterday a preliminary study
shows children with high levels of PBB
in their bodies received lower grades on
developmental tests than those will less
exposure.
The finding prompted State Public
Health Director Maurice Reizen to ap-
point a special panel for a follow-up in-
vestigation. !
HEALTH OFFICIALS stressed that
the study compared test scores of farm
'rirn wh ,,,. m,,,,hp,.. ,,.,.heamvil
determine if heavy exposure to PBB
hurts educational development.
THE STUDY, carried out by
Michigan State University child
psychologist Elizabeth A. Seagull, in-
volved standard tests on block building,
puzzle-solving, word knowledge,
drawing a design and drawing a child.
"Results of the study did show a
deficit in the developmental perfor-
mance of children with greater than
.100 parts per million body levels of
PBR on fir nut of fiv etest " Dr.