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Vol. LXXXII, No. 122
Ann Arbor, Michigan-Tuesday, March 14, 1972
Ten Cents
Ten Pages
Court pot ruling
brings confusion
McCracken may be
w
4 I
Dope use remains. illegal
under city, federal laws
By CHRIS PARKS
Although a ruling by the state Supreme Court last week has
apparently made marijuana temporarily legal, Ann Arbor dope
smokers would do well to take the advice of Police Chief Walter
Krasny and "proceed with caution."
The court last Thursday declared the classification of mari-
juana as a "hard drug" unconstitutional, leaving the state, in
effect, without a statute specifically prohibiting the use of
marijuana.
The ruling-which came with a decision to reverse the mari-
juana conviction 'of Rainbow People's Party "chairman John
Sinclair-struck down the state law making possession or sale
of marijuana a felony punishable by up to 20 years .in prison.
The action created a vacuuim in state law governing the drug.
A new law lowering possession to a misdemeanor and reducing
penalties for sale will not go into effect until April 1.
Marijuana, however, remains illegal under current stricter
federal law, and under. city ordinances in several communities
cross the state includin'g Ann Arbor.
Under federal law possession of marijuana is a felony.
See STATE, Page 6
Sinclair sentence ended
as court overturns ruling
The Michigan Supreme Court last week overturned John
Sinclair's conviction for possession of marijuana, declaring the
present state law unconstitutional.
Sinclair, the leader of the Rainbow People's Party, held a
press party last Friday, handing out joints to celebrate what
he termed "the sacrament of marijuana."
"We've been working for this for five years in court.' It's all
worth it now. It's a victory for the people. When the court was
quivering and shaking about what to do, the people said it was
all right," Sinclair said.
Sinclair served' 29 months of a 9% to 10 year sentence before
he was freed on bond last December. He was convicted under a
law which states that possession of marijuana is a felony, pun-
ishable by up to 10 years in prison.
The six-man court voted 4-2 to set aside Sinclair's sentence.
Chief Justice Thomas G. Kavanagh and Justice G. Mennen
Williams said in their decisions that the convictions of over 180
people still in prison under the law should also be reviewed.
Justices Thomas M. Kavanagh and John Swainson said that
classification of marijuana as a narcotic violated equal protection
See SINCLAIR, Page 6
called
Senate
By JONATHAN MILLER
and TED STEIN
University business Prof.!r
Paul McCracken may be called
to testify in the Senate Judic-
iary Committee's investigation
of the alleged offer of a half
million dollar pay-off to the
Nixon Administration by the
International Telephone and
Telegraph Corporation (ITT),
The Daily learned yesterday.
The committee is holding hear-
ings in the wake of mounting evi-
dence that key justice department
officials dropped three anti-trust
suits against the giant corpora-
tion after ,strenuous lobbying by
ITT officials, and ITT's offer to
pay up to $400,000 of the tab for
this year's Republican National
Convention.
Staff aides to several Democratic
judiciary committee members said
yesterday they were interested in
the role played by McCracken,
former chairman of President Nix-
on's Council of Economic Advis-
ors, in the decision to drop the
charge against ITT.
to
tes
tify at
probe
ITT'
John Sinclair
ANTI-BUSING STAND: Y
fBack assembly
or voter uni
By GAYLE POLLARD
Special To The Daily
f GARY, Indiana -- Over 10,000 delegates, alternates, and
observers attended the first National Black Political Conven-
tion which ended Sunday, calling for a new movement to
solidify black political power.
Delegates from 43 states and Washington, D.C., represent-
ing all positions on the black political spectrum, united to
tentatively approve the -National Black Agenda, a diverse set"
of resolutions including an anti-busing stance.
Confusion and disputes characterized much of the con- j
vention as the Michigan delegation, the second-largest dele-
tgation, walked out of the
A spokesman for c ommit te e
chairman Philip Hart (D-Mich.)
said last night there was "a good
chance" McCracken would be sub-
poenaed to testify about meetings
he held on the bases with ITTI
Ipresident and board chairman
Harold Geneen and former Justice
Department anti - trust division
chief Richard McLaren.
The committee's investigation,
which resulted from charges made
by syndicated columnist Jack An-
derson, has moved into an exami-
nation of the factors involved in
McLaren's decision to drop the
anti-trust proceedings after his
vigorous two and one-half year
prosecution of the case.
The ITT controversy has hurt
the chaes for Senate confirma-
tion of President Nixon's nomina-
tion of Richard Kleindienst to suc-
ce.John Mitchell as Attorney
General. Kleindienst has testifiedl
that he helped persuade McLaren
to drop the anti-trust suits after
meeting with ITT officials.
In an interview yesterday, Mc-
Cracken said he had met with
Geneen "at least once" and "per-
haps twice" to discuss the anti-:
trust suits. He also said he had
discussed the anti-trust cases on.
an "informal basis with McLaren.
Although McCracken said he was
"generally skeptical", of "the ulti-
mate economic vialibility" of large
Portrait of the artist
Preparing for the 10th annual Ann Arbor Film Festival, indus-
trious artist Danny Mulholland puts the finishing touches on his
display in the lobby of the Architecture Acditorium. His piece,
entitled "Your automobile broke down and now she can't go go,"
will be viewed by people waiting in line to see the 126 hours of
film. The festival begins today and continues through Sunday.
Judge hears-caseon
residency restriction-I
two fires,
hit ampus,
h t
since arrest
Two more fires were discovered
in University buildings on the last
day of classes before spring break,
following the arrest of a suspect
charged with one of the more than
60 incidents of arson on campus
since late January.
The first of the two fires on
March 3 occurred- in .Alice Lloyd
Hall. Paper in a wastebasket of a
basement lavatory was ignited,
causing minor damage, according
to Fire Chief Arthur Stauch of the
city fire department.
Nine minutes later, a second
fire was discovered in a janitor's
closet in, Mason Hall. The fire
burned itself. out without damage
to property, according to Stauch.
City Police Chief Walter Kras-
ny commented on the fires, saying
that he was "displeased but not,
surprised" that the fires had riot.
stopped after the arrest of the
suspect, Randall Caswell. Caswell,
charged with setting a fire in the
General Library February 3, is
currently undergoing psychiatric
evaluation at Ypsilanti State Hos-
pital to determine whether he is
fit to stand trial.
Krasny said that the police in-
vestigation of the fires will con-
tinue although the number of men
assigned to the case has been re-
duced since Caswell's arrest. I
meeting. a :
In one of the major resolutions
of the convention, most states
came out against busing to achieve
racial equality. In a significant DELEGATES to the National Black Political
m o v e, sev era l S o u th e rn sta te s p ro - - - - ---- - -. - -1 - - - -
posed the anti-busing amendment
to the convention, citing that their CAMPAIGNING HEAVY:
children were the "guinea pigs for
northern white liberals."
Roy Innis, national director for
the Congress of Racial Equality, F ljrid
CORE), said, "We condemn bus-
ing to achieve racial integration of1
schools as a bankrupt suicidal
method of desegregating schools
based on a false notion that blacks
children tare unable to learn un-
less they are in a setting with
white children." MIAMI, Fla. (JP)-George Wallace ton claimed
Seeking quality education, Innis seems assured that he will emerge in the Flo
proposed alternatives to the pres- the winner in Florida's presidential "all bunche
ent system including black school primary, which begins today, but and Muskie
districts, community controlled other candidates are.not ready to place behin
schools, and money equally di- agree with him;. hefty leads
vided on a statewide basis. Al- According to Sen. Hubert Hum- polls.
though approval of this motion phrey (D-Minn.), Wallace will have "I believe
was overwhelming, some states ob- little impact on the race for the ner on Tu
jected, stating that integration is White House nomination because Sunday in t
the only way black children in the Alabama governor is not a sues and A
their states could receive quality "card-carrying Democrat." we have a
education. 1 a in
-Daily-Gayle Pollard
Convention consider debate on an anti-busing proposal.
rimary rac(
rway today
).
he is gaining strength
rida race and is now
d up" with Humphrey
in a race for second
d Wallace, who holds
in the public opinion
that I will be the win-
esday," Wallace said
the ABC program "Is-
Answers." "I feel that
n excellent chance to
rity of the delegates in
Accepted recommendations re-
volved around economic empower-
ment, education, rural develop-
ment, international development,
environmental protection, black
ownership within the communica-
tions industry, and considerations
for youth,
Other items in the National
Black Agenda include:
-A minimum of 66 congression-
See BLACK, Page 10
Sen. Edmund Muskie of Maine, .l ,a"
battling to bolster a national cam- Florida.
paign that shows signs of sagging, Eighty-one will be at stake in
switched his position and an- today's balloting-expected to pull
nounced he will disclose within 10 a big turnout among Florida's two
days contributions to his presiden- million Democartic voters.
tial bid. Wallace said he may campaign
Florida's big field of Democratic in as many as 10 more Democratic
entries campaigned on television primaries, including California. on
and on tour yesterday for the 11- June 6 and Michigan on May 16.
way primary contest. Humphrey, on NBC's "Meet the
Sen. Henry Jackson of Washing- Press," said, too, he expects to
do very well in the Florida race.
"I think we have good momen-
tum and I believe that I'm the
only progressive candidate that
has a chance to beat Mr. Wallace,"
he said.
But the Minnesota senator said
if Wallace does win, it will dem-
onstrate only that in an 11-way
race, he has a solid bloc of voters.
Sen. George McGovern of South
Dakota. went hand-shaking at a
University of Miami art show and
in a black neighborhood of Coco-
nut Grove.
Mayor John Lindsay of New
York began his campaign day with
a 5-mile bicycle ride, then went
to a black church to accuse his
senatorial rivals of compromising
with Wallace and retreating on the
issue of school busing.
"You're not going to beat Rich-
ard Nixon by trying to out-Wallace
Wallace," Lindsay said.
Jackson denied in CBS's "Face
the Nation" interview that his
campaign opposition to the busing
of school children for racial bal-
ance supports the forces opposed
to racial integartion. He said a
majority of black Americans are
opposed to compulsory busing, too.
"This is an issue North, South,
East and West," Jackson said.
Muskie, campaigning in Tampa,
reversed his position on the dis-
closure of campaign contributions
and said he will reveal the sources
of an estimated $3 million donated
to his race.
He had said earlier he would do
conglomerate businesses such as
ITT, he would not state his posi-
tion on the case or say whether
he had advised McLaren to drop
the proceedings.
He said only that he had been'
"in agreement with McLaren's.
general philosophy."
McCracken said yesterday he}
could not find his calendar to dis-
cover the "specific dates" onI
which he had met with Geneen.E
He said he could not recall de-
tails of the meetings, explaining
"I'm handicapped here because I
don't have any files on it, though
See McCRACKEN, Page 10
By LORIN LABARDEE
The hearing on the case con-
testing Ann Arbor's residency
requirements for City Council
candidates was held yesterday.
Federal District Court Judge
Ralph Freeman took the case
under advisement and has
agreed to rule on the matter by
Friday.
The requirement which is be-
ing questioned in the case is the
city's requirement that a can-
didate for City Council must
have been a registered voter in
the city for at least a year prior
to his candidacy.
David Black, the 'plaintiff in
the ease, contends that the re-
quirement is: "a denial of equal
protection because it discrim-
inates against the young, the
mobile and the politically dis-
affected who have recently en-
tered the political arena by reg-
istering to vote."
Black is the HRP candidate
in the Fourth Ward and has
only been registered in Ann Ar-
bor since last November.
City Attorney Jerold Lax rep-
resented the city in the case.
Lax based his case on the fact
that this type of requirement is
common in many cities and is
therefore precedented. When
asked about other justification
for the requirement Lax specu-
lated that it was drafted in or-
to "guarantee that one had in-
dicated a commitment to the
city and the electoral process."
In the result that Freeman
does abolish the requirement,
the city has agreed to place
Black's name on the ballot as
a candidate for the Fourth
Ward.
Although the ballots haye al-
ready been sent to the printer
Lax stated that the ballots could
be changed in time for the elec-
tion if Freeman rules by Friday.
TUNE-UP SATURDAY
Clinic aims
to clean cars
If your muffler isn't muffled
or your Pinto's transmission
won't transmit, the University's
student chapter of the Society
of Automotive Engineers (SAE)
may have the answer.
SAE is sponsoring its fifth
auto emission tune-up clinic this
week, with a free public class-
room session for car owners
scheduled tomorrow and a tune-
up workshop for 30 selected cars
Saturday.
they are adjusted or replaced.
The first 30 persons to arrive
at tomorrow night's session will
be eligible for the Saturday
tune-up as long as their cars
have no dual exhausts, and no
factory air-conditioning, ac-
cording to Shepherd. Only one
car per family will be allowed.
Six machines, Shepherd said,
will analyze engine problems,
enabling participants to do a
"professional job" on their cars.
IMPIRMIll
:.r.: . ..____ __