AND RESIDENCY LAWS
See Editorial Page
Mostly cloudy, colder;
maybe snow this week
Vol. LXXXII, No. 47 Ann Arbor, Michigan-Wednesday, November 3, 1971 Ten Cents
By GERI SPRUNG
Special To The Daily
LANSING-As over 100 spectators packed the Supreme
Court room here yesterday, lawyers for John Sinclair made
their final appeal in an attempt to overturn the nine and
one half to ten year sentence he is currently serving for
possession of two marijuana cigarettes.
The appeal caps a four year court battle in which Sin-
clair, founder of the White Panther Party (now Rainbow
People's party) has claimed his sentence is cruel and unusual
punishment which was meted out because of his political
The White Panther Party was termed by its founder "a
national political party devoted to radical political, economic
and social change within society."
Sinclair's attorney Justin Ra-
t w vitz contended in his arguments
before the seven judge panel that
Sinclair's punishment was °cruel
and unusual violating both state
and federal constitutions.
"John Sinclair is the only per-
son in the state ever who has
served such a sentence for mari-
juana, ever," Ravitz said. "We
have never even heard of anyone
serving such a sentence for hero-
In addition, charging cruel and
unusual punishment, he compared
Sinclair's sentencefor two cigar-
ettes to that of several persons
convicted in Monroe City of po-
session of 2000 lbs. of marijuana.
They are serving a two and a half
to five year sentence.
John Sinclair fense challenged the legality of the
saelaw which classifies mani-
juana as a narcotic calling it a
violation of the 14th amendment
SRaxitz brought up a as prece-
dent for the court recent Illinois
court ruling which held an Illinois
N istatuteclassifying marijuana with
heroin and other opiates illegal
and in violation of equal protec-
Ravitz suggested that what
'"rational society would do, is to
regulate and control marajuana
through licensing." This way,
WASHINGTON (k) - The chair- Ravitz said, "it could be quality
man of the Appropriations Com- controlled, free law enforcement
mittee joined two other key Sen- officers and costs involved in the
ate Democrats yesterday i op-, prosecution of marijuana and use
posing President Nixon' plan for the tax revenues to fight the real
a temporary rescue of the fore gn problem of crime-especially hero-
aid program. in."
Secretary of State William Rog- Angelo Pentolino, a s s i s t a n t
ers, meanwhile, joined the admin- Wayne County prosecutor, then
istration outcry against Senate spoke for the state contending
defeat of the aid bill. He told re- that the court cannot challenge
porters the action weakened Nix- "the legislative right to write
on's international negotiating posi- marijuana into any drug law."
tion and appealed to Congress for "The length of the sentence in
prompt action "to correct this itself is not cruel and harsh pun-
damage that-has been done." ishment," Pentolino said. "But I
The administration wants Con- will admit it is shocking. Then
gress to extend the present aid again ten years is not abusive
program at least one month be- when other states have even
yond the Nov. 15 expiration of ex- harsher laws," he said.
isting authority. Justice G. Mennen Williams
Sen. Allen Ellender (D-La.), then asked Pentolino. "You say
chairman of the Appropriations it was a horrendous sentence. If
Committee, said it will refuse to go heroin was involved would you
along with any temporary exten- say it was?"
sion unless there appears to be "No", Pentolino answered, but
progress on authorizing "a short- See HIGH, Page 8
:: r:.: flwins inIKy.
Evers vote low;
loses; Rizzo wins
From Wire Service Reports
Elections across the nation
yesterday showed mixed re-
sults, with no c 1 e a r trend
emerging which could be con-
sidered indicative of any na-
tional mood 12 months away
from the Presidential contest.
Although no races of major con-
sequences took place during this
off-year election, several 1 o c a 1
races with distinctly racial over-
tones were being watched very
csely by political experts.
r: The picture that arises from
these races, however, is unclear
as law-and-order white conserva-
tives won in some areas, while
-Associated Press black candidates and racial mod-
iblican who upset black erates were victorious in others.
o (upper right), a law- Another question, that of the
Democrat Wendell Ford effect of the vote cast by newly
he gubernatorial race in enfranchised y o u t h s remained
largely unanswered by the returns.
In Boston and Urbana, Ill. there
was some controversy over alleg-
S edly improper registration of
In other scattered races around
the country two college students
running for city council in their
college towns garnered e n o u g h
votes to force their older oppon-
L e to ryents into run-off elections.
In the major races across the
nation, there were several sur-
ast two weeks of the e&ec- prises, although most c o n t e s t s
came out as expected.
: the "Project: City Hall" In Kentucky, where registered
es received the endorse- Democrats outnumber Republicans
the State News, the MSU two to one, Democrat Wendell
"M-AA--+A ~ ~lnn Tt
WINNERS IN YESTERDAY'S ELECTIONS:
independent Arnold Pinkney in the race for
and-order Democrat who won,as expected, in
(center below) along with his running mate
Kentucky on an anti-Nixon platform.
Ralph Peck (upper left), a Repu
mayor of Cleveland; Frank Rizz
the Philadelphia mayoral race;L
Julian Carroll (right) who won th
CHARLES EVERS, independent candidate for governor of Missis-
sippi embraces a friend arriving to vote in Fayette, Miss.,
yesterday. Evers ran a distant second to Democrat Bill Waller, a
Jackson attorney. Mayor of Fayette, Evers hoped to build black
voting power in the state through his campaign.
ASKS NIXON ACTION:
Kent State petition
requests federal jury
By GEOFFREY JACQUES
Two students at Kent State University have started a
petition drive to urge President Nixon to convene a federal
grand jury to investigate the Kent shootings. The petition,
which began circulating in late September, gained over 10,000
signatures in the first ten days of canvassing.
Four demonstrators were killed on the Kent State cam-
pus in May, 1969 as National Guard troops fired upon a crowd
during a demonstration protesting the U.S. invasion of Cam-
National organizers expect a local campaign to begin here
-soon, but organized support
^1 - - has not yet been initiated.
push liberals to
By SARA FITZGERALD
Special To The Daily
EAST LANSING-With the vote
of Michigan State University stu-
dents solidly on their side, two
liberal candidates posted over-
whelming victories in city council
elections here yesterday.
George Griffiths, 42, a Lansing
member of the Human Rights
Party, and George Colburn, 33,
both running on a "Project: City
Hall" ticket, swept by their com-
petition, including a 12-year in-
cumbent, during the first Michigan
test of the impact of the student
Scattered wire service reports
early this morning gave little in-
dication of how the student vote
had fared around the country.
Reports from Kalamazoo, homer
of Western Michigan University
and Kalamazoo College, and Mount'
Pleasant, which contains Central
Michigan University, showed that
the student vote 'had not been
However, in Ocala, Fla., a Cen-
tral Florida Junior College sopho-
more came in second in a three
way race for city council, forcng
the incumbent front runner into
a run-off election.
Copping the third council seat
under Colburn and Griffiths in the
East Lansing election was incum-
bent Councilman Wilbur Brook-!
over, 60, an MSU professor, who
made a strong appeal to students
set for today
ened, revised version of our aid'
In that case, he added, he might,
agree to extension of the existing:
program until Dec. 1.
Sen. J. W. Fulbright (D-Ark.),'
chairman of the Foreign Relations
Committee, said "~I think we can"
draw up a revised aid authoriza-
tion measure by late this week or
early next week.
Such a bill would likely be ieavy
on humanitarian assistance, and
light on military aid.
Majority Leader Mike Mansfield
: (D-Mont.) told newsmen the exist-;
ing fund of more than $4 billion ins
the foreign aid pipeline could be
used to pay salaries and admiris-
trative costs after Nov. 15 until a
new aid bill is approved.
Rogers and director John Han-
nah of the Agency for InternationalE
Development will appear before a
closed session of the Foreign Re-
lations Committee today.
Selective Serice creates new
draft classification, guidelines
The student vote, however, was
not enough to bring in Chuck Will,
a 24 year old MSU undergraduate,
who ran a write-in campaign with
a "Project: City Hall" endorse-
ment. Will ,a member of the left-
ist Coalition for Human Survival,
narrowly missed a ballot cpot in
the August primary election.
Unofficial results were: Grif-
fiths, 8,241; Colburn, 8,091; Brook-
over, 5,110; Gordon Thomas, East
Lansing's mayor and a 12-year
council incumbenlt, 5,070; Charles
Phillips, a conservative business-
man, 3,662; and Duane Bone, a real
estate developer, 3,537.
The unofficial tally for Will was
2,397, but supporters felt it could
rise to over 4,000 once all write-in
votes were counted. There were
scattered votes recorded for a sec-
ond write-in candidate, Mickey,
who ran a on-again, off-again cam-
Vot'er turnout was 60.3 per cent,
with predominantly student pre-
cincts generally posting higher
turnout percentages t h a n the
The candidates were picked in
an August primary - before stu-
dents returned to school. At that
time, Colburn and Griffths finish-
ed fifth and sixth, with about half
the vote of Thomas, who finished
See E. LANSING, Page 8
A U , C 1V K 1f K a r. v
strong anti-Nixon campaign con-
centrating especially on the Nixon
Following his victory last night
Ford declared his election would
be the first stage in a "dump Nix-
In Mississippi Democrat William
Waller won, as expected, o v e r
black civil rights advocate Charles
Evers, running as an independent.
Evers, mayor of Fayette, Missis-
sippi, had hoped to build, through
the election, increased black voting
strength in the state.
Evers,vhowever, failed to poll
impressive numbers even in pre-
dominantly black sections of the'
state where he was expected to
However, in Gary, Ind., incum-
bent black Democrat Richard Hat-
cher won an easy victory over his
Republican challenger Theodore
Republican Ralph Perk won a
surprising upset victory in Cleve-
land last night defeating Demo-
crat James Carney, and Inde-
pendent Arnold Pinkney.
See VOTING, Page 8
Ford defeate Republican Tom i
Emberton, the handpicked candi-
date of outgoing Republican gov-BZ
ernor Louie Nunn. Although today will be "business
The race was viewed by many as usual" in Ann Arbor, many high
political experts as a test of Presi- schools and colleges within the
dent Nixon's popularity in the Detroit area will respond to a stu-
state as Ford had run on a dent strike call from the National
Peace Action Coalition (NPAG) as
part of a buildup for their sched-
uled Nov. 6 marches.
Hartmuth Wisch, of the Ann Ar-
bor Coalition to End the War, said
the Ann Arbor coalition voted
against a student strike because
"It would have been too pathetic."
The campus is "not in the mood
for marching," he said and pointed
to the "poor turnout" on the Oct.
13 National Moratorium Day as
proof of this.
Locally, today's strike consists
of rallies, anti-war speakers, and
workshops at various schools and
colleges, including the University's
Students are also passing out,
leaflets throughout their commu-
nities. The leaflets stress that
"Nixon is not winding the war
down and that Asian deaths are
The petition was begun by two
students, Greg Rambo and Paul
Keane, in the hope that they could
"show the President that people
still remember the Kent State af-
They have already presented the
President with 10,000 signatures
and are spreading the campaign
across the country. The campaign
is centering on college campuses
and in New York City. Organizers
hope that a goal of 100,000 signa-
tures will soon be reached, and
the campaign is spreading upstate.
Since the Kent State shootings
there has been only one grand
jury investigation-a state grand
jury. Its report came out on Oc-
tober 16, 1970, and incited twenty
five students while exonerating the
national guard in connection with
The President's Commission on
Campus Unrest also released a
report on the incident, w h i c h
charged that the guardsmen fired
"indiscriminately," and that the
deaths were "unwarranted and
The Justice Department also
made an investigation, which con-
cluded in a report released last
August that further action (i.e., a
WASHINGTON (P)-A new draft
classification was created yester-
day for registrants too young to be
drafted -18-year-olds - and older
men with such high lottery num-
bers that they're unlikely to be!
called into military service.
Selective Service laid down also
new ground rules for personal ap-
pearances before draft boards for
a young man to make "a fair rep-
resentation of his claim" for ex-
emption or deferment, allowing a
man for the first time to bring
witnesses to support his claim.
Deputy Director Daniel Cronin
said the new "holding" classifiea-
tion, 1H, is designed to enable the!
service to "do business with the
people likely to be drafted and let'
the other people go about their
The rule changes put the draft
operation in line with the new draft
law, including the phasing out of
college, trade school and juni)r
college deferments. The new rules
become automatically effective in
The changes include implementa-
tion of a uniform national call for
issuing induction orders. This way,
all men with the same lottery num-
ber and subject to induction will
receive induction notices at ap-
proximately the same time, and
state quotas will be eliminated.
A major change not required by
law wipes out the catchall 1Y class-
ification that lumped together men
with borderline physical disquali-
fications, homosexuals, criminals
and a variety of others.
From now on a man in this area
will be given 4F as physically un-
fit, 1A-RR1, meaning being ad-
judicated, or 1A-A0, meaning ac-
Those men who turn 18 next year
and must register for the draft
-A man will be required to reg-
ister for the draft during a ,eriodj
beginning 30 days before his 18th
birthday and ending 30 days after.
At present he must register vithin
five working days after his birch-
-A man will be given at least
30 days notice to report for imduc-
tion. The old rule was 10 days but'
ncrmally it was stretched up tj 30
I farlaai a~nii~ J Ui J / l l rantkI'JL
continuing at a high rate," accord- warranted." The Ohio State Grand
ing to Kirk Fowler, a member of Jury report, meanwhile, was or-
the Student Mobilization Commit- dered expunged from the record
tee which is helping sponsor the and physically destroyed by the
strike. U.S. 6th Circuit Court of Appeals
Fowler cites "the hoax that the last month, although it refused to
See PEACE, Page 8 quash the original indictments.
candidate speaks at U'
By GENE ROBINSON
Linda Jenness, Socialist Workers'
} Party (SWP) candidate for Presi-
dent, emphasized the "importance
of mass struggles" as a means of
achieving change last night in a
campaign speech given in the
Rape: Lingering problem on campus
By BETH OBERFELDER
Although most women think, "It won't
happen to me," walking alone at night
often becomes a fearful experience when
dark footsteps suggest a potential as-
"Most girls live in a false security",
says Lieutenant Kenneth Klinge of the
city police department. Yet, within three
weeks last month. three rapes were re-
The Women's Crisis Center, formed
two weeks ago, plans to send out female
patrol squads, offer 24 hour counseling,
use local homes as WCC first aid sta-
tions, and have lists of women who have
volunteered to walk other women at
Rape is legally defined in Michigan,
as to "ravish and carnally know any fe-
male 16 years and more by force against
While the legal route exists to prose-
cute a man who has violated society's
sex law, most women are emotionally un-
able to talk about their experience un-
til a great period of time has lapsed.
One woman, who was picked up and
raped by a truck driver while hitch-
hiking, did not tell anyone until over
two months afterwards that she had been