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Vol. LXXXIX, No. 152
Ann Arbor, Michigan-Tuesday, April 10, 1979
Ten Cents Ten Pages
.. a
MSA
election results
invalidated
r New hearing necessary
Courts will
make ruling
on Regents'
relocation
By MITCH CANTOR
Washtenaw County Circuit Court
Judge Ross Campbell yesterday said he
would deliver a written decision later
this week on whether or-not the Univer-
sity Regents may move the location of
their meetings next week if the sessions
are disrupted by protesters.
Campbell made the announcement
after hearing arguments from attorney
Peter Davis, who is representing the
University, and Washtenaw County
Coalition Against Apartheid (WCCAA)
attorney Thomas O'Brien. The two
lawyers addressed a motion filed last
week by Davis asking that the Regents
be allowed to move their meeting to ex-
clude demonstrators should there be a
breach of the peace. - '
ACCORDING TO Davis, the Regents
"will determine what constitutes a
breach of peace."
The board last month obtained a
temporary restraining order from
visiting Circuit Court Judge Harold Van
Domelen which allowed them to ex-
clude all spectators barring members
of the press. The order, later dissolved
by visiting Judge George Kent, was
issued after WCCAA members forced
the Regents to call their third recess in
two days. The demonstrators were
demanding that the Regents put the
South African divestment issue on the
April agenda.
Several WCCAA members have,
already said the more than 200 suppor-
ters who joined in last month's protest
will show up for the April meetings.
"I PRESUME if there is a repeat of
last time (the last Regents meeting)
everybody would agree it would be a
breach of peace," Davis said yesterday
after the hour-long hearing.
Michigan's Open Meetings Act,
passed in 1977, allows for the exclusion
see REGENTS, Page 7
By JULIE ENGEBRECHT
In a certification hearing Sunday
night, the Central Student Judiciary
(CJS) unanimously decided not to cer-
tify the Michigan Student Assembly
(MSA) elections, and recommended
that new elections be held late next Sep-
tember.
However, an action filed yesterday
by MSA treasurer and Student Alliance
for Better Representation (SABRE)
party President Brad Canale, states
that certification hearings must be held
between five and ten days after the last
day of the election, in accordance with
the compiled code governing MSA. The
certification hearing was held Sunday,
four days after the election ended on
Wednesday.
The next re-certification hearing is
tentatively set for Thursday at 7:30
p.m.
THE POSSIBILITY of filing law suits
in legal suits in legal courts has also
been discussed by several MSA can-
didates.
CSJ's decision Sunday night not to
certify the election was based on the
lack of opportunity for students to vote,
ballot problems, and a "definite fear of
corruption and general irregularities."
Three dormitories - Couzens, Bur-
sley, and East Quad - were not open
for voting on the last night of the elec-
tion, and most other polling sites were
closed early. A suit filed with CSJ by
the People's Action Coalition (PAC(
charges students promised a chance to
vote were not able to vote because of a
lack of ballots at polling places.
CSJ ALSO SAID, that numerous
problems with the ballot, including a
lack of explanation of preferential
voting, in which students number can-'
didatesin order of preference; no space
for write-in candidates orr the ballot;
numerous misspelling of names; and
lines for voting not lining up with a can-
didate's name.
They also cited a fear of corruption
and general irregularities because
polling sites were left unmanned with
empty ballots, and candidates working
at polling places, among other things.
CSJ did certify five of 'the six ballot
proposals because of the "comfor-
table" margin by which the five won.
One, mandatory funding, will be
Daily Photo by ANDY FREEBERG
GLANCING AT THIS picture,
Actually though, it was taken
weighed down with icicles.'
one would think it was taken last January when invariably the snow covered the ground.
yesterday in the Arb where the trees, which should be filled with greenery, were instead
Rain, snow result in power loss
By ELEONORA DI LISCIA
Sunday's freezing rain and snow tur-
ned Ann Arbor into a winter won-
derland with glazed-over trees and
streets, but for the 8,000 Ann Arbor and
Ypsilanti Township residents who were
without electrical power due to snap-
ping power lines, the icy display lost
some of its beauty.
According to Ken Wanty, University
landscape architect and grounds
manager, the University area
sustained little damage except for a few
large broken tree limbs. Wanty said the
University land maintenance depar-
tment will remain busy this week
cleaning up fallen debris.
"NO LARGE trees were lost com-
pletely but large limbs were down
around Hill Auditorium, West Quad,
and the site of Waterman's Gym,"
Wanty said.
Wanty said the biggest problem
around the University occurred when
limbs would fall off trees, get caught in
other trees and hang there. He said
those branches had to be removed for
safety purposes.
In Ann Arbor, there was little
damage to property or people except
for some cars that were smashed by
falling trees or poles. Mike Anderson,
Superintendent of Maintenance for the
County Roads Commission, gave a
'conservative estimate' of having lost
200 whole trees. Road crews worked
around the clock Sunday trying to open
roadways. Although Anderson said,
"Things were starting to get wrapped
up," the road crews will probably be
cleaning up after Mother Nature's mess
until the end of the week.
ANDERSON SAID one road in Yp-
silanti, Rawsonville, had to be tem-
porarily closed when a main power line
fell across the road. He said the road
crew would have to take care of about
1,700 street miles.
Detroit Edison spokesman Bob Veen-
stra said Ann Arbor and Ypsilanti
townships were the hardest hit of
Washtenaw or Livingston Counties. Of
the 8,000 people who suffered power
losses by four in the afternoon yester-
day, 6,000 were still without power. By.
See SUNDAY'S, Page 7
Cannale>
...-charged illegal hearing
coming up before the Regents for ap-
proval next week.
ONE QUESTION, on whether or not
to give Minority Affairs and Legislative
Relations committee heads votes on the
steering committee, was too close for
the justices to feel comfortable cer-
tifying.
The mandatory funding and tenure
questions were passed' by sizable
margins, while internal funding was
soundly defeated.
CSJ also made several recommen-
dations which included: A new election
be scheduled for between Sept. 20 to
Oct. 1; MSA should hire an independent
group from outside the University, and
professional if necessary, to run the
elections; to have preferential voting
explained to students clearly; to
resolve the dispute concerning an In-
teflex student who ran for a Medical
School seat. The student, Scott Kern,
lost to a write-in candidate, and
received only two votes. He contended
that he had more than two votes, but
lost because fellow Inteflex students'
votes were disqualified due to dual
enrollment in LSA and the School of
Medicine.
The new election would not be limited
See MSA, Page 7
HEALTH COUNCIL REVIEW CONTINUES:
Smith to defend hospital
By JOHN GOYER The Uni
In the midst of such controversial "informa
student-oriented issues as tenure, South state sena
African divestment, and the status of the Joint
graduate student assistants, the The comn
University Hospital Replacement and Senat
Project often gets lost in the shuffle. issue to r
But despite this lack of student interest, hospital.
University officials consider the project UIE
one of their top priorities. hUNIVE
Interim University President Allan the hospit
Smith and other top University officials tee in theI
have been spending a lot of time recen- to Univers
tly pressing forward plans for the new Relations
$254 million hospital project. planning
plans. It s
THE UNIVERSITY'S plans to build a Michigan
new hospital focus on two main objec- (MDPH)
tives: whether t
* Obtaining a building permit from tificate of
state health planning agencies; A certifica
" Getting .legislative approval for state mit to buil
funding for the project. The hos
In his push to get a state permit, the review
Smith will go to a meeting today of the need on M
Executive Committee of the Com- committee
prehensive Health Planning Council of mended t
Southeastern Michigan (CHPC-SEM). which is m
T uesday
iversity has also been holding'
1 discussions" with the 12
ators and representatives on
Capital Outlay Committee.
mittee will influence House
e decisions on a state bonding
aise $200 million for the new
RSITY planners will present
al plans to the joint commit-
last week of April, according
sity Vice-President for State
Richard Kennedy.
[PC-SEM is a state health
agency that reviews hospital
erves an advisory role to the
Department of Public Health
which has final say on
he University will get a cer-
need for the hospital project.
ate of need is in effect a per-
d.
pital plans ran into trouble in
w process for a certificate of
March 27, when the planning
e of the CHPC-SEM recom-
hat the Executive Committee,
neeting today, not approve the
University's application
tificate of need.
for a cer-
THE EXECUTIVE Committee
meeting today is the last step in the
CHPC-SEM's review of the Univer-
sity's hospital plans. It will vote today,
on whether it will advise the MDPH to
approve a certificate of need for the
new hospital.
The CHPC-SEM's Executive Com-
mittee decision today is important
because even though the committee
does not have final say on the cer-
tificate of need, the MDPH oply over-
turns Executive Committee recom-
mendations "two or three per cent" of
the time, according to one CHPC-SEM
staff member.
At the March 27 planning committee
meeting which recommended disap-
proval of the plans, individual mem-
bers of the committee objected to the
$254 million price tag on the project.
Several of them asked the University to
defer its application for a certificate of
need for 90 days, in order that a cheaper
proposal might be developed.
See 'U', Page 7
City Council
reinstated
without
discord
By ELISA ISAACSON
Last night's swearing-in
ceremony was the only noticeable
mark of the advent of the new City
Council year, as the members taking
oath had all occupied their seats
before last week's election.
Even the council rules, which are
put up before the members for ap-
proval or alteration each year, were
reinstated unanimously in their old
form - a vote Mayor re-elect Louis
Belcher said was rare.
A beaming Mayor Belcher raised
his right hand and swore to "faith-
fully discharge the duties of the of-
fice of Mayor of the City of Ann Ar-
bor according to the best of my
ability."
DOWNPLAYING the traditional
bickering between parties, Belcher
declared he foresees no partisan
Daily photo by DAN OBERDORFER blockades to mar efficient decision-
MAYOR LOUIS BELCHER looks serious and gets down to business atter making. "We (the Democrats and
being sworn in at last night's council meeting. the Republicans) get along fine,"
See CITY, Page 10
" Pre-schoolers and members of
the University's Child Care Coalition
will be demonstrating today on the'
Diag for more University support of
child care centers. See story, Page 2.
" Representeatives from the
Michigan Department of Natural
Resources Bay Mills Indian com-
munity, and Michigan Steelheaders
Association debated the issues of
resource depletion and Indian
fishing rights at a symposium this
weekend. See story, Page 3.
" Two football players underwent
surgery this weekend and a third
Laetrile, a cancer treatment sub-
stance, is being held up in the state
Senate Health and Social Services
Department by Sen. Ed Pierce (D-
Ann Arbor). See story, Page 10.
N
Native Americans~ appeal ruling
By TOM MIRGA
Elmer White, attorney representing a
group of Michigan Native Americans in
a class action suit filed against .the
University Regents, has decided to ap-
peal a Washtenaw CountyCircuit Court
judgement that the 1817 Treaty of Fort
Meigs did not impose a trust obligation
f t h TT y.a...-2.. 4. d, a .4, h
Johnson's claim that the University
owes a "complete" educatioh including
tuition, books, supplies, food, shelter,
medical and dental care, "and such
other expenses incident to being a
student" to the descendants of the three
tribes.
never followed through on their
obligation to the tribes, but instead sold
the land, "comingled the trust funds
with other monies," and used those
funds for purposes other than those
specified by the treaty.
R()n1Ti'n rir V A A A TI' -:-.= ..
project." He added that oral arguments
in the appeal could be heard before the
three-judge court "before the end of the
calendar year, but I would not expect a
decision this year."
The University General Counsel
declined to snenulate how the n*entc
MEEWC ,A,"m imlg