THE VERDICT
AT HARRISBURG
See Editorial Page
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WINTRY
High--38
Low-25
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Vol. LXXXII, No. 143
Ann Arbor, Michigan-Friday, April 7, 1972
Ten Cents
Ten Pages
COURT RULING SOUGHT:
Kelley asks
for jailed p
freedom
got users
r
N.
air
Viets
raids
hit
by
heaviest
-Daily-David Margolick
Old war foe speaks
Former Democratic Senator from Alaska Ernest Gruening
addresses a group of students at the Law Quad yesterday. In a
brief speech and the question.-and-answer period which fol-
lowed, he talked about his early opposition to the Vietnam war
and his vote against the Tonkin Gulf resolution. He voiced sup-
port for Senator George McGovern's campaign for the Demo-
cratic presidential nomination.
MEETING HELD:
HRP decides future
Se ie
political maneuvers
By JIM KENTCH
With the euphoria of a successful election campaign still
lingering, the Human Rights Party (HRP) last night set about
discussing implementation of its policies of community par-
ticipation in government. Around 100 persons gathered at
party headquarters for an open meeting to chart strategy for
its two-persop City Council contingent.
A main objective of the meeting was to establish a set
of priorities on city issues. The party's ten member steering
committee was given power to report to the next community
meeting with suggestions on possible organizational struc-
tures to arrange priorities. Party positions on which issues to
--- <confront first were decided by
all those attending last night's
Conference meeting.
LANSING (N) - State Atty.
Gen. Frank Kelley yesterday
asked the Michigan Supreme
Court to free 128 persons cur-
rently imprisoned for man-
j uana violations.
In his petition, Kelley argued
that since the high court had
struck down the law under which
these prisoners were jailed, their
further detainment was unlawful.
Ruling in the case of Rainbow,
People's Party leader John Sin-
clair-convicted and sentenced tol
nine and one half to ten years in
prison for possession of marijuana
-the court found on March 9 the
old state law under which mari-
juana possession was a felony to
be unconstitutional.
The law, the court found, wrong-
ly classifies the drug as a nar-
cotic and provided for penalties so
high as to constitute "cruel and
unusual punishment."
Under the court's ruling, Sin-
clair was freed immediately. He
had been free on parole since the:
court had ordered him released
months earlier.
A new state law lowering mari-
juana possession from a felony to
a misdemeanor and reducing pen-
alties from 10 years to one year in
jail, took effect April.
Persons named in Kelley's peti-
tion included 108 serving sentences
for possession under the old law
and 20 serving sentences for at-
tempted possession under the old
law.
Earlier in the week State Cor-
rections Dept. chairman Gus Har-
rison had sent a letter to the court
requesting a decision on the status
of the prisoners.
"If the statute was unconstitu-
tional in the Sinclair case," Har-
rison said. "why is it not uncon-
stitutional in all cases?"
The court, Harrison a r g u e d.
should release the entire group at
once rather than one at a time.
At present the state parole board
is considering individual appeals.
"I think there's a moral issue
here," he said. "Some of the in-
mates are now trying to scrape
up the money for attorneys but if
this one body, the Supreme Court.
can clarify this for us, it will save
everybody a lot of grief."
Harrison added it would "only
be a matter of days" before all 128
gained their freedom if the high
court ordered their release.
The entire matter of the state's,
marijuana laws has been a clouded
legal question during the last
months.
The striking down of the old law
before the new one took effect and
the recent court decision voiding
Ann Arbor's city ordinance have
contributed to the confusion over
whether marijuana is legal, where,
and what laws apply.
since
'68
Casualties mount as
offensive continues
From Wire Service Reports
The U. S. Command in Vietnam yesterday launched the
heaviest air strikes against the North since the bombing halt
three and one-half years ago in an attempt to aid the be-
leaguered Army of South Vietnam (ARVN), and blunt what
is shaping up to be a major North vietnamese offensive.
As bombs fell over the border, the North Vietnamese con-
tinued their week-old ground offensive pressuring the capi-
tal of Quang Tri Province, moving on Hue, stepping up fight-
ing on the second front near Saigon and opening yet another
front in Cambodia.
Flying from bases in Vietnam and Thailand, and air-
craft carriers of the Seventh's
Fleet, around 400 planes-ac-
cording to U.S. estimates-hit fN'jf1e
targets above the Demilitar-
-Daily-David Margolick
Popsicles or Icicles?
The good humor man braves the cold yesterday to dole out confections for his following.
NEW SUIT APPROVED:
Judge
hilt
blocks move
ized Zone (DMZ) in North
Vietnam.
According to the Defense De-
partment. the raids have been
concentrated on surface-to-air
missile and anti-aircraft batteries
which have crippled U.S. air sup-
port to the South Vietnamese.
The North Vietnamese reported
yesterday. that 10 U.S. jets were
chot down in the raids. The De-
fens- Department declined to com-
ment.
Meanwhile. off the coast. a U.S.
Marine landing team is standing
by in Seventh Fleet ships.
A U.S. military source said the
troops are "standing by to meet
any contingency." He refused to
elaborate.
Most of the U.S. raids, accord-
ing to Pentagon spokesman Jerry
Freidheim. were concentrated in
"the current tactical battlefield
area" - a zone rotiahly 20 to 25
miles north of the D.MZ.
Adm. Thomas Moorer, chairman
of the U.S. Joint Chiefs of Staff,
however, said initial raids hit as
far as 50 miles into North Viet-
namese territory.
Tn the face of a rapidly escalat-
ing air war a squadron of Kan-
sas-based F-105 fighter-bombers
were ordered to Vietnam. The jets
had been pulled out of Indochina
last year as part of the "Vietnam-
ization" program.
These planes will be added to
the 20 B-52 bombers President
Nixon ordered into Vietnam from
the South Pacific earlier this week.
to
alter out-of-sta
Circuit Judge William Ager;
yesterday denied a request for a
temporary injunction to stop the
University from charging out-of-
state tuition to students who have
registered to vote here.
Ager instead asked University
attorneys and counsel for the six,
University students filing the suit
to prepare for a trial over a per-
manent injunction.
If the plaintiffs - Brian Hays,
David Alden and Gary Stevens,
Law, Larry Mills and Timothy
Whitsitt, Grad, and Caryn Miller,
'73- are successful in their suit,
the University could lose over
$11 million from students who now
pay out-of-state tuition.
Over 7,500 students or almost
19 per cent of the student body
now pays non-resident fees.
Ager denied the University
claim that the circuit court lacked
jurisdiction in the case. The judge
retained the right to issue a per-
manent injunction against the
collection of non-resident tuition
at the conclusion of the trial.
But he turned over to the State
Court of Claims any decision over
possible tuition rebates. The cir-
cuit court, Ager's opinion stated,
"would have no authority or juris-
te fees
diction to order the return of any
tuition or to grant any interest or
any other damages to the stu-
dents."
Attorneys for both sides agreed
that "no one won."
The students, who filed their
suit on a "class action",basis that
would apply to all University stu-
dents in similar circumstances,
maintained in the suit that "Resi-
dency within the state of Michi-
gan is a fact, like pregnancy, that
either exists or does not exist."
Under a State Supreme Court
ruling last summer, students can
register and vote in their college
communities.
To fulfill University residency
requmire'ments, however. a person
(or D.C.
tomorrow
From Wire Service Reports
In response to the heaviest
bombing in Vietnam since 1968,
national anti-war leaders called
yesterday for a protest in Wash-
ington tomorrow.
Demonstration organizer Jerry
Gordon of the National Peace Ac-
tion Coalition (NPAC) said the
group will go to court to force
the government to waive the 15
days advance notice usually re-
quired for demonstration permits.
Thus far, Gordon said, the gov-
ernment has refused permission
for demonstrators to picket In
front of 'the White House, and
conduct rallies across the street
in Lafayette Square or behind the
White House in the Elipse.
Following the demonstration,
leaders of anti-war groups across
the country will meet Sunday Ii
New York to plot strategy in pro.
> test of the renewed fighting in
Indochina.
There are already tentative plans
for nationwide anti-war actions
April 15, as well as for demon-
strations in New York and Los
Angeles April 22.
Also, in Detroit today, the Stu-
dent Mobilization Committee and
the Detroit Coalition to End the
War Now is sponsoring a confer-
ence on the air war in Vietnam at
Wayne State University.
According to SMC, by the end of
this month the U.S. will have drop-
ped as many bombs on Vietnam
this year as were dr~opped in all
of 1971.
To dramatize the plight of Viet-
namese civilians affected by this
bombardment, the group plans to
*have a wide range of anti-war
speakers give presentations at the
conference slated to begin at 9:30
a.m. at Wayne State's University
Center Building Ballroom.
Scheduled speakers will include
l Ernest Gruening, a former Demo-
cratic senator from Alaska and an
1 early war foe, U.S. Representative
John Conyers (D-Detroit) and Prof.
Noam Chomsky from the Massa-
chusetts Institute of Technology
(MIT) among others.
. The conference has received en-
r dorsements from the Detroit Met-
ropolitan Executive Board of the
* AFL-CIO and the Detroit Common
Council.
,
I
,
;ii
i
i
i;
Consumer
News
TODAY .. .
Records
SeePare 7
on inner city
to take place
A one day public teach-in on
economic problems of the inner
city will be held tomorrow in Ma-
son and Angell Halls.
Sponsored by students in eco-
nomics Prof. Daniel Fusfeld's Eco-
nomics of the Inner City course,
the program will include presenta-
tions and workshops on topics
concerning the urban ghetto.
Participants will include Charles
Thomas of the Washtenaw Coun-
ty Black Economic Development
League (BEDL), Norris Thomas,
First Ward city councilman, and
a number of University professors.
The purpose of the teach-in,
according to Fusfeld, is to encour-
age interraction between urban
problems students.
The teach-in will begin at 10
,a.m. with a briefing session in Au-
ditorium A, Angell Hall.
The caucus also gave much at-
tention to the current Commission
on Professional and HospitalHAc-
tivities (CPHA} strike. One HRP'
member reported that the strike,'
which started in late February, is
in danger of failing due to the
hiringeofrstrikebreakers.
The city already has an ordin-
ance prohibiting the use of profes-
sional strikebreakers. However,
Mayor Robert Harris yesterday in-
structed City Attorney Jerold Lax
to prepare amendments to the+
present ordinance which would
strengthen it.
The amendments would require
a company hiring replacement em-
ployes for work during a strike
to notify the replacement employe
in advance that the work involves
strikebreaking.
Such a requirement is basically
a "Nixon maneuver," claimed one
person at the meeting. "It looks
good but has no substance," he
added.
The city pays CPHA $3,500 an-
nually to computerize some of
their records. The HRP members
See HRP, Page 10;
Circuit judge gives class action
status to suit against county jail
By WILLIAM LILLVIS
A lawsuit filed in February
against County Jail officials by,
three jail inmates was granted
"class action" status yesterday by'
Circuit Judge William Ager.
Plaintiffs in the suit had re-
quested that they be allowed to
represent "all members who are
now or who will be confined to the!
Washtenaw County Jail."
The suit charges Sheriff Douglas
Harvey, Chief Jail Turnkey Cap-
tain Kenneth Schultz and the
County Board of Commissioners
with illegal and unconstitutional
opeartion of the jail facility.
According to Neal Bush, an at-
torney for the inmates, "the trial
will now include virtually every-
thing that has happened in the
i jail as evidence and not just those The three inmates who filed the
conditions or incidents which per- suit were held on bond until their
tain to the three inmates." trial. One of them, Betty Mat-
The conditions cited by the suit thews, had been in jail for over
include "illegal overcrowding in eight months.
the wards; arbitrary, punitive and The suit contends that a major-
unlawful summary discipline; un- ity of the prisoners have not been
lawful restrictions on visitation, given trials. Besides being de-
communication and privacy; the prived of their freedom these pre-
grossly inadequate medical care; sumably innocent people, are be-
and the unconstitutional conditions ing deprived of sanitary and
in the disciplinary cells, more com- healthy living conditions, the suit
monly known as-'the hole'." charges.
Bush said, "Any decision for re- The suit alleges that toilet and
lief for the prisoners will now be cells often overflow and backup
binding for as long as the jail re- causing unhealthy conditions and
mains in operation." foul odors which the ventilation
Signs explaining the suit will now system cannot alleviate.
be posted inside the jail and all According to Bush, representa-
the inmates will be informed of the tives for the plaintiffs want access
action, according to Bush. to the jail "at reasonable hours"
.j
must reside in the state six
months before enrolling in order The Pentagon announced that
to be eligible to pay the much Defense Secretary MelvindLaird
lower in-state fees. will hold a news conference to-
In a similar suit in January, a morrow morning. Whilethe sub-
Kansas district judge ruled that sect of the briefing has been kept
students registering to vote in col- secre, i is assumed that it will
ou'deal. with the recent events in
lege towns do not have to pay out- Vietnam.
of-state tuition., As the war in the air continued
The judge based his decision on to escalate, ARVN forces faced in-
creasing pressure from the North
the theory that the enfranchise- Vietnamese and Vietcong on the
ment of the 18-year-old ends his ground.
legal subservience to his parents, Rocket and mortar attacks con-
and terminates the view that their tinued around the province capi-
home is his residence. tal of Quang Tri City - the im-
mediate objective of the offensive.
At that time, Max Bickford, 'The city is reportedly surrounded.
executive secretary of the Kansas To the south, there was bitter
Board of Regents, predicted the fighting along Highway One
question would ultimately be de- which leads- north from the old
See U.S. Page 10
t;tueu uy teuci al wui 1,0.
vc .w. , bci
Step up,
VANDENBERG ANSWERS ALL
bring your complaints
By LORIN LABARDEE
Complaints against a flower stand may
be uncommon but they nevertheless occur.
So do protests over people sidewalks.
Regardless of the nature of the com-
plaint, if it can not be solved on a de-
partmental level, it is often referred to
the city's grievance officer.
The man holding that job at present -
in fact, ever since its creation in June,
week-he lowers his hourly rate sp that his
$10,000 salary is expended over a full one
year period.
The function which Vandenberg per-
forms as part-time grievance offiver covers
the entire spectrum of the complaint
process. He investigates the nature of the
complaint, the department involved, the
employes involved and where communica-
tion has broken down if the complainant
first went tn the denartment with which
so that the facilities may be
studied in detail and exact meas-
urements taken of the capacity and
conditions there.
According to the suit, there is
no procedure for dealing with the
grievances of inmates and "many
of the rules are arbitrary, caprci-
ous and unreasonable."
According to Bush, consultation
between plaintiffs, lawyers and
the county prosecutor, who repre-
sents the defendants, in the next
months will result in witnesses
and a timetable for the legal
proceedings.
A full trial date sometime in
July is likely, according to Bush.
In a preliminary examination
after the suit was filed, Ager re-
fiusedrt tn vanat tamnrav in-
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