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September 28, 1971 - Image 4

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Publication:
The Michigan Daily, 1971-09-28

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Ee idigan Baffy
Eighty-one years of editorial freedom
Edited and managed by students at the University of Michigan

futures past
Confronting the system from within
by dave Chudwin-

I

i

420 Maynard St., Ann Arbor, Mich.

News Phone: 764-05521

Editorials printed in The Michigan Daily express the individual opinions of staff writers
or the editors. This must be noted in all reprints.

TUESDAY, SEPTEMBER 28, 1971

NIGHT EDITOR: TAMMY JACOBS

Objections to the judiciary

THE CAMPUS-WIDE judiciary system
approved by the Regents last spring
is presently hanging in a state of limbo,
as attempts to get it off the ground have
run into the opposition of Student Gov-
ernment Council..
In refusing to comply with a list of 13
steps drawn up by University officials in-
tended to get the judiciary mechanism
operative at the earliest possible date,
SGC cited a few objections to the present
plan.
SGC President Rebecca Schenk has
said that Council's 6-4 refusal to follow
the steps did not represent a formal re-
jection of the system which a student,
faculty, administrative group-the Com-
mittee on a Permanent 'Judiciary (COPJ)
-spent over a year formulating. Rather,
she says Council wanted time to contact
the Regents over the objections, and will
decide finally whether to comply with
the steps at its meeting this Thursday.
And although COPJ's plan was subse-
quently modified by the Regents before
they approved it, the plan still retained
the part which student leaders consider-
ed to be most crucial-guilt and punish-
ment for students to be determined by six
other students. Thus, when the summer
recess began, it appeared that students,
faculty members and administrators,
while not completely satisfied with the
plan, would be willing to abide by it.
Why, then, did SGC temporarily, if not
absolutely, reject the judiciary mechan-
ism last Thursday?
THE REASONS are clear and substan-
tive. Council is obviously trying one
last time to i. fluence the Regents to alter
some of the modifications which they
made on the original COPJ draft.
Most important, Council says, is the
provision which states that verdicts of
guilt may be determined by only five out
of six members of the jury. SGC advo-
cates the use of unanimous verdicts, and
its point is well taken., It should be clear
that when dealing with offenses as seri-
ous as those which will likely be brought
In front of the judiciary, a unanimous
verdict is the only viable course to take.
A trial verdict must have clout behind
it, and even one dissenting vote serves to
shed some doubt on the decision.
Editorial Staff
ROBERT KRAFTOWITZ
Editor
JIM BEATTIE DAVE CHUDWIN
Executive Editor Managing Editor
STEVE KOPPMAN . Editorial Page Editor
RICK PERLOFF . Associate Editorial Page Edito
PAT MAHONEY .. Assistant Editorial Page Editor
LYNN WEINER Associate Managing Editor
LARRY LEMPERT ..... .Associate Managing Editor
ANITA CRONE. .... .. Arts Editor
JIM IRWIN .....<. ..... Associate Arts Editor
JANET FREY .. ....... Personnel Director
ROBERT CONROW Books Editor
JIM JUDKIS.. .. ........ Photography Editot
NIGHT EDITORS: Rose Sue Berstein, Mark Dilen,
Sara Fitzgerald, Tammy Jacobs, Alan Lenhoff,
Jonathan Miller, Hester Pulling, Carla Rapoport,
Robert Schreiner, W. E. Schrock, Geri Sprung.

One only has to look at the civil courts,
where unanimous verdicts are required,
in order to find a precedent for institut-
ing the policy into the University judi-
ciary.
Another major objection of Council is
the section which deals with the powers
of the presiding judge at trials, who, un-
der the proposed system, is alone empow-
ered to rule on "all points of Law" in the
courtroom. Rightly, SGC believes the two
associate judges 'provided for in the sys-
tem-one student and one faculty mem-
ber--should have equal power in ruling
during trials.
This point is crucial in light of the fact
that it is stipulated in the plan that the
presiding judge come from somewhere
outside the University community.
WHAT THIS MEANS is that after tak-
ing so much time and so many pains
to formulate a judiciary mechanism re-
flecting the more tolerant attitudes of
the University community, a single per-
son from outside that community has the
power to preside over the courtroom. The
great danger in such a provision is that
the presiding judge most likely will not
be familiar with attitudes within the
University community, and may inadver-
tently use poor judgement in deciding a
"point of law". Indeed, since "point of
law" is not at all defined, he may use
poor judgement even as to what is a
"point of law". That is why the associate
judges, being members of the University
community, could only be assets to the
presiding judge.
IT CAN BE SEEN then that Council's
objections are well-founded. The Re-
gents should put the matter on the agen-
da of their October meeting, and more
importantly, should give careful consid-
eration until then to the merits of Coun-
cil's suggestions. If the changes are made,
it would make students, and in some
cases faculty members, more confident in
the mechanism, because they would have
a greater part in it. This is only fair,
since students will undoubtedly be the
primary group affected by the system.
But if the Regents refuse to consider
alteration of their plan, and one must
admit that judging by past performance
such will probably be the case, then it is
up to SGC to resign itself and agree on
Thursday to comply with the steps for
implementing the judiciary. For SGC
along with Senate Assembly and the Re-
gents, must agree to comply with the
steps, or else the whole issue will reach a
stalemate and the University may con-
tinue without a campus-wide judiciary.
THE REGENTS hopefully will accept
SGC's criticirm r tl t man-
ner that it was offered. Hopefully, too,
they will set about to conform the me-
chanism to them. But SGC must be ready
to go ahead with the present plan and
make the notorious Interim Disciplinary
Rules merely a dark memory.
-ROBERT SCHREINER

THE YOUTH revolution that has
perplexed America in the last
half-dozen years has had enor-
mous effects. Both politically and
culturally the consciousness of
much of a generation has b e e n
reshaped as new attitudes and
lifestyles have developed.
But like all social evolutions, the
rise of the youth culture has come
at a price. The victims have in-
cluded overdosed heroin users like
Janis Joplin, revolutionaries like
Diana Oughton, killed and injured
preparing b o m b s, psychedelic
drug addicts who have literally
blown their minds, and the tar-
gets of police and National
Guard bullets at places like Kent
and Jackson State.
The toll, however, has been far
wider. Thousands of young people
have left high schools and uniyer-
sities to drop out of society. They
have become drifters, street
freaks, communedmembers, pan-
handlers and underground guer-
illas.
Still alive and well, they are
victims nonetheless. Seeking to
change themselves and their so-
ciety, their only weapon is their
lifestyle.
And lifestyles, despite Charles
Reich, are not enough to remodel
a post-industrial society control-
led by technocrats and t h e i r
computers.
Change comes from power'
gentle reason is often not enough
to overcome the inertia of people
and institutions. Yet, at the same
time, knowledge is, power. Too
often the dropouts lack the skills.
training, and technology needed
to affect the complex forces that
control our present society.
YET A NEW PHENOMENON is
taking place. Instead of dropping
out, young people are dropping in.
They are going through universi-
ties and then after graduation us-

American Medical Association. A
number have been fighting with-
in the AMA to change it, while
many other new M.D.'s are not
even joining it.
Furthermore, there have been
significant increases in the num-
ber of new physicians putting time
into public health projects, street
clinics and other means to bring
better health care to the people
who need it most.
In the sciences, a radical group
of mainly young scientists is buck-
ing traditional organizations like
the American Association for the
Advancement of Science (AAAS).
Under the slogan of "Science for
the People," they have pusned.sci-
entists to look at the consequen-
ces of their work.
:Beginning in 1969, they have
come to AAAS meetings posing
the question stated in one of their
leaflets, "Is it possible for a scien-
tific worker who desires meaning-
ful social change in our society to
put his talents to work for 'a
movement capable of achieving
that change, or must his politics
remain split off from his work?"
IN THESE FIELDS and many
others young graduates are tak-
ing a d v an t a g e of their aca-
demic training and credentials
to make their radical ideals a re-
ality.
One who is interested in major
reforms in this society cannot
help see this as a favorable trend.
These lawyers, doctors, scientists,
engineers and people in other
fields, unlikendropouts, have the
knowledge that is a requirement
for power and influence.
But they are not faced with the
liberal dilemma of being co-opted
by the system. Instead of follow-
ing the system's rules until they
"make it" - only to find that all
the idealism is gone - they are
taking what knowledge they can
and are putting it into immediate
use.
AS A RESULT, thousands of
people have been directly helped
by their efforts. In the process,
theircolleagues havebeen forced
to question their roles, and per-
haps some small changes in soci-
ety have come about.

I

-Daily-Terry McCarthy

-Daily-Terry McCarthy

The young and the old wait in Detroit for the President

ing their expertise to put their
radical ideas into effect .
In practically every professional
field radical groups have b e e n
formed to shake up their profes-
sions and use their knowledge for
change.
A prime example is the law pro-
fession. Radical lawyers such as
William Kunstler have been in-

valuable in protecting those who
have used civil disobedience to
protest wrongs such as racial dis-
crimination and the war in Viet-
nam.
In addition, they have used the
system's rules to foul up the sys-
tem where it has been unjust and
inhumane. Desegregation rulings.
the right to legal counsel and the

18-year-old vote have been among
the many major reforms brought
about by court cases.
With consumer and environ-
mental affairs, Ralph Nader and
his legal followers have had a
profound effect in insuring sale,
accurately-described products and
practices.
A whole new area - public in-
terest law - has arisen to pro-
tect the downtrodden in parti-
cular and an. unsuspecting public
in general from abuses by gov-
ernment and industry.
IN MEDICINE, young doctors
are increasingly refusing to take
direction from the conservative

Letters to The Daily

Dynamic T.V.
To The Daily:
IT' SEEMS TO ME that you are
disgustingly narrow - minded.
Your disdain for the cinema in
your refusal to list T.V. showings
of filmsisexceedingly elitistin
nature. That you could be dis-
dainful of one of the most dy-
namic art forms of this century
(also one of the greatest sources
of cultural documentation and
commentary) simply because of its
popularity makes clear the debili-
tating effects of your narrow, in-
tellectually elitist attitudes. Your
attempt to remain aloof sheds
some light on the source of the
lameness of your paper.
-David Share, "72
Faculty unions
To The Daily:
THE ARTICLE "Profs Hear Dis-
cussion of Unions" (Daily, Sept.
18) failed to note that the fac-
ulty member experienced in fac-
ulty collective bargaining did not
paint the same gloomy picture as
the administration representatives.
Unfortunately the only truly ex-

perienced faculty organization rep-
resentative present was Professor
Belle Zeller, Chairman, the Legis-
lative Conference, City Univer-
sity of New York, the bargaining
agent for full-time CUNY faculty.
Professor Zeller commented that
collective bargaining has: raised
standards, retained faculty sen-
ates within the individual units
comprising CUNY, and established
promotion, evaluation, and ter-
mination procedures which cannot
be unilaterally ignored by the ad-
ministration. Further, Dr. Zeller
commented that through collective
bargaining the Legislative Confer-
ence was able to get the univer-
sity to agree to improvements
which cost money that they would
never haye instituted by them-
selves.
Your classification of AAUP's
Al Sumberg as a "representative
of a faculty union" is at best, sub-
ject to question. However the de-
scription of the conference's tone
as "cautious", and reporting Dr.
Sumberg's comments as "raising
fears" while favoring "shared au-
thority" are correct. Perhaps Dr.

Sumberg's (and AAUP's) posture
relative to collective bargaining by
faculty is part of the reason for
senior college and university fac-
ulty members selecting NEA af-
filiates to serve as their bargain-
ing representatives rather than
AAUP by a ratio of 5:1.
Explaining the Legislative Con-
ference's affiliation with the Na-
tional Education Association, Pro-
fessor Zeller commented that a
major reason was to obtain greater
legislative clout.
-Charles L. Belknap
High Education Consultant
Michigan Education Assn.
Letters to The Daily should
be mailed to the Editorial Di-
rector or delivered to M a r y
Rafferty in the Student Pub-
lications business office in the
Michigan Daily building. Let-
ters should be typed, double-
spaced and normally should
not exceed 250 words. The
Editorial Directors reserve the
right to edit all letters sub-
mitted.

I

4'

Ralph Nader

William Kunstler

What the new draft law provides

--ff

By RICHARD H. POST
. Daily Guest Writer
THE PROVISIONS for student defer-
ments - or their absence - under the
compromise draft extension bill (HR 6531)
were discussed in an article in the Daily
of Saturday, September 11, together with
reasons for the advisability of early appli-
cation for conscientious objector classifi-
cation. Now that the bill has been passed
by the Senate, it may be of interest to re-
cord the four new procedural rights which
are provided for all draft registrants, also
the new provisions for "surviving sons",
for aliens, and for civilian alternative ser-
vice for men who gain the CO classifica-
tion.
The major procedural right, never before
granted, requires Selective Service to per-
mit registrants to make a personal appear-
ance before any appeal board considering
his case, in addition to the one with his
local board. Probably the Selective Service
will have to create many additional pan-
els for the state appeal boards, which are
already overburdened even though no one
may appear before them. A man now re-
questing an appeal to a state appeal board
probably should also request an opportun-
ity to appear in person before it - even if
the Selective Service does not grant the
additional hearing, a court might possibly
rule that the law required it. The Presi-
dential appeal board -and transfer appeal
boards will grant a far higher proportion
of classifications requested after men start
appearing before them.
IN ADDITION, the bill requires local
boards (but not appeal boards) to admit
and hear witnesses on a man's behalf,
"subject to reasonable limitations on the

Men should also use relatives and friends
as witnesses, especially now that no one
will be humiliated by being excluded from
the proceedings. The day of the frightened
registrant facing the draft board alone
may be drawing to a close - at least he
now will be allowed some company, un-
less boards attempt to admit registrants
separately from their witnesses. And it's
another safe bet that draft boards will less
often act hostilely when facing groups
instead of individuals, and that a higher
proportion of classifications sought at per-
sonal appearances will be granted by local
boards who have heard witnesses.
Furthermore, the bill states that "a quor-
qm of any local board or appeal board

A PROVISION of the bill creates a broad
new exemption for surviving sons "if the
father or a brother or a sister . . . was
.killed in action or died in line of duty
while serving in the Armed Forces after
December 31, 1959, or died subsequent to
such date as a result of injuries received
or disease incurred in line of duty during
such service." One no longer need be the
sole surviving son to qualify for exemp-
tion. (The old rules still apply for the son
or brother of a serviceman who died on
or before December 31, 1959; the man
then must be the sole surviving son to
qualify.)
In addition, the draft-age men of a fam-
ily are to be exempt "during any period

The major procedural right, never before granted, requires
the Selective Service to permit registrants to make a person.
al appearance before any appeal board considering his case,
in addition to the one with his local board. Probably the Se-
lective Service will have to create many additional panels for
the state appeal boards, which are already overburdened, even
though no one may appear before them .

aliens, who are now subject to the draft
almost exactly like citizens, are not to be
inducted during their first year in this
country.
This provision is also to apply to refu-
gees here in "conditional entry" or "par-
ole" status, who are treated as permanent
residents by Selective Service. Note that
many permanent resident aliens spend
their first year here before they reach
age 18 and register for the draft; many
others spend their first year here on tem-
porary visas, exempt from registration.
These two groups presumably will not be
allowed any additional delays as perman-
ent residents.
In addition, 12 months' service (not 18)
in an allied foreign army is to be required
for a veteran's exemption. And certain
aliens admitted to this country as perma-
nent residents. but eligible for temporary
visas as diplomats, representatives to in-
ternational organizations, etc., are to be
deferred as long as they remain in their
work.
SECTION 6(i) of the draft Act, the CO
provision, is almost unchanged. Restrictive
proposals passed by the House of Repre-
sentatives-three years' alternative service
and punitive induction of I-W's who work-
ed "unsatisfactorily"-died in conference.
A liberalizing Senate amendment - full
consideration and appeals for post-induc-
tion-order CO claims - also died in con-
ference, as did a Senate provision for a
"CO Reserve." The legal definition of con-
scientious objection remains unchanged.
However, the bill does change Section
6 (j) in one way: it removes authority over
alternative service assignments from local
boards and gives it to the Director of Se-

*

shall be present during the registrant's
personal appearance." A quorum is a ma-
jority of the Board's members. No more
appearances before one member of the
board.
Finally, the bill says that whenever a
local or appeal board decides to turn down
a man's claim, it must state its reasons
for the decision, if the man requests rea-

of time in which the father or a brother
or a sister . . . is in a captured or missing
status as a result of (military) service."
Brothers and sisters, under this provision,
must be "of the whole blood." Men al-
ready inducted into the military who would
be exempt under this provision are to be
discharged upon request, unless they are
in custody of military courts. Surviving-

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