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Page 10-Tuesday, November 21, 197-The Michigan Daily
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By MARIANNE EGRI
The Central Student Judiciary (CSJ)
decided Sunday not to hear an appeal
on its decision against certification of
Michigan Student Assembly's (MSA)
campus-wide election for the office of
president last April.
A petition for re-hearing, filed by
MSA member Richard Barr, was based
on irregularity of procedures in the
September hearing. Barr, who had
been serving as a justice on CSJ
because his term had not expired,
heard the original suit against cer-
tification.
HOWEVER, the decision will have
little effect on-MSA President Eric Ar-
nson's position because he was appoin-
ted by Rackham student government to
fill a vacant graduate seat on MSA last
Tuesday.
MSA member Irving Freeman's suit
charged that an amendment to the
student government constitution
changing the election process for
president was not yet in effect at the
time of Arnson's election. The amen-
dment called for a campus-wide elec-
tion for president instead of MSA ap-
pointment.
In his petition for rehearing, Barr
charged the two-thirds of CSJ member
quorum necessary to certify an election
was not present at the hearing. But
Barr said he only sat on the bench to
achieve the quorum, and his vote
should not have been counted.
"WE DECIDED ahead of time that I
would abstain, because my interests
were involved in the case, said Barr.
"But I was told to come anyway so we
would have a quorum. Later I realized
this defeated the intent of having
quorum because I wasn't judging the
case. Only five people were deciding
the case," said Barr.
According to newly-elected Chief
Justice of CSJ Dennis Persinger, the
court ruled unanimously against Barr
on the quorum question because he
"was aware of the rules then as much
as he is now, and he should've declared
he wasn't going to participate."
Barr also charged the court's
decision was illegal because it resulted
from telephone calls made to the judges
to determine their final decisions, in-
stead of the regular meeting required
by CSJ rules.
BUT THE COURT decidedrfive-two
against Barr. Persinger said
deliberations took place for half an hour
after the meeting and the reason the
final decision was made over the phone
was that CSJ was pressured by time.
Barr also challenged the impartiality
of ex-Chief Justice Tom Potter because
Potter had stated personal animosities
against Arnson.
CSJ ruled five-0 with two abstentions
that Potter's potential partiality was
also not sufficient grounds for
rehearing.
CSJ Justice Kim Gardner said this
was a weak case because bias "is an
unprovable allegation on the basis of
facts."
Responding to the decision, Barr
said, "The judiciary had little clear un-
derstanding of the workings of the rules
they're supposed to run by, and I hope
that in the future they will either clarify
the rules or find another process for
monitoring an election."
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Bursley suite
smoked OUt
From Staff Reports
A triple suite on the fourth floor of
Bursley's Van Duren house was heavily
damaged by smoke yesterday, after a
burned-out motor insa miniature clothes
dryer started a small fire in the
bathroom of the suite.
The suite was empty at the time of the
fire and no injuries were reported.
Although the fire itself was apparently
confined to the dryer, it smoldered for
some time and) produced a large
amount of smoke.
THE FIRE was discovered by one of
the occupants of the suite when she
returned after a trips to the laundry
room. The dryer - called a "Tidy
Dryer" - was apparently being used
properly when the motor malfun-
ctioned.
The Ann Arbor Fire Department
responded to a report of a fire in Bur-
sley around 4 p.m. Firefighters doused
All power shown; measured 20-20,000 Hz at 8 ohms. THD=total harmonic distortion. ()=10-20,000 Hz