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January 06, 1971 - Image 9

Resource type:
The Michigan Daily, 1971-01-06

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Wednesday, January 6, 1971


Page Nine



constitutionality to




LANSING UP) - Parochiaid,
for years a controversial issue
in the Legislature and at the
ballot box, yesterday was ush-
ered formally into the state Su-
preme Court,
Further delay and new con-
troversy remained possibilities as
the court took up interpretation
of a three-sentence constitution-
al amendment voted on as Pro-
position C - that voters ap-
proved in November to outlaw
payment of public taxes to par-
ochial and other private schools.
Passage of the amendment
came after the issue was placed
on the ballot over the objections
of Atty. Gen. Frank J. Kelly
who said it was improperly sub-
mitted. Approval blocked p a y -
ment of a $22-million appro-
priation adopted by the Legis-
lature last summer. Kelley said
language in the amendment al-
so barred aid to sectarian
schools allocated under federal
statutes and under an "Auxili-
ary Services" Bill passed by the
Legislature in 1965.
Mounting confusion led Gov.
William G. Milliken, who had
endorsed Parochiaid, to exercise
his constitutional perogative to_
petition the court for quick ac-
tion on the issu3.,
Milliken proposed a list of
seven questions he said required
"early determination" to clear
up "immediate administration
and operation of the entire ele-
mentary and secondary educa-
tion program and structure,
- public and nonpublic, of the
The court, in accepting Milli-
ken's request, called up a Grand
Traverse County test case and
announced, in a surprise move,
that it also would review valid-
ity of the referendum vote.
A battery of lawyers turned
out preliminary briefs. Bids for
further'delay were contained in
briefs filed by two groups op-
posing Parochiaid and seeking
to uphold the amendment.
Both the Michigan Association
of School Administrators, its
companion State Association of
School Boards, and a 16-mem-
ber Traverse City citizens group
backed by a prominent Detroit
civil liberties union attorney,
asked the court to delay its rul-
We don't care
what you do
with the
you save on

ing pending an adversary hear-
ing over such related issues as
whether a child could be a pub-
lic school student part of the
day and a Parochial school stu-
dent the rest of the day.
If the court accepted the re-
quest as a formal motion for
delay, it could postpone inter-
pretation of several questions
Milliken raised.
Erwin Ellman, a state ACLU
Official, wrote a brief compar-
ing Milliken's request to one
James Buchanan, 15th President
of the United States, made to
the U.S. Supreme Court for a
ruling on slavery's constitution-
"There is genuine danger here
that this friendly suit in Tra-
verse City has become cosy into
a sellout of those who receive no
true day in court," Ellman
"Michigan needs no Dred
Scott decisions," he added, as a
reference to the U.S. high court's
1857 ruling that Dred Scott, a
former southern slave, could not
claim citizenship and sue for
court support of rights and free-
doms guaranteed under the
The charge contained o v e r-
tones of the personal differences
that take on political ramifica-
tions as the issue snowballed.
The court, following Monday's
investiture of former Goys. G.

Mennen Williams and John B,
Swainson, has a decided Demo-
cratic edge.
In an earlier ruling last fall,
the court held by a four-three
margin that the original $22
million Parochiaid grant was
constitutional. Former Justices
John Dethmers and Harry Kel-
ley, who both voted against it,
have been replaced by Williams
and Swainson. Former Chief
Justice Thomas E. Brennan, the
lone Republican, voted with the
pro-Parochiaid majority.
Defendants in the hearing
that got underway yesterday
disagreed whether the new
amendment violates both the
first and 14th amendments of
the federal Constitution.
"A plain reading of all three
sentences of Proposition C indi-
cates a common plan, a scheme
to bar the payment of any pub-
lic monies," stated a background
brief for Kelley, who supported
The state's case also contends
no religious issue is involved.

"It does not deal with relig-
ious schoals as such, but rather
with all private schools whether
sectarian or nonsectarian," Kel-
ley contends.
"To insist upon expenditure
of tax funds to pay for this right
will result in yielding control
over such education to the tax-
payer who, being called upon to
pay the teacher, will believe that
it is only right to permit him
to call the tune."
St. Francis School at Traverse
City, where 14 of its students
spend part of their days in other
public schools ,argues that t h e
amendment amounts to "a relig-
ious gerrymander."
The school's argument is that
the state amendment violates
religious freedoms laid down in
the First Amendment and rein-
forced under the due process
clause of the 14th.
For the student body:
" Tads
State Street at Liberty

"Proposition C follows the
child wherever he goes and, de-
nies him every form of secular
education assistance including
instruction in the public schools
and indespensable auxiliary ser-
vices for his mental and physi-
cal health,' 'the brief argues,
concluding, "Proposition C is
not a wall between church and
state; it is a wall between
church and child."
The school's case was prepar-
ed by a Traverse City and a
Washington, D.C. law firm.

The Daily Official Bulletin is an
otlicial publication of the Univer-
'ity of Michigan. Notices hould be
;ant in ITYP1EWRIT1FN f o r im to
Room 3328 L.S.A. Bldg., before
2 pm.. of the day preceding pub-
lwiation and by 2 p.m. Friday for
Satnrday and Sunday. Items appear
once only. Sudent organiation
notices are not accepted for puli-
cation. For more information, phone
A6-92 Ii
0,eller al :NQ d'C(-)s
Miichigan Memorial-Phoenix Project
wil make £ 1timber of r111ts Ii Spring
sterm To support eearch rint peacefuil
#uses of nuclear energy; Project esp, in-

terested in stpporting pilot projects and
research by new faculty; requests for
3 011 or less will be considered appro-
pr:i;le. Applicat ions .shoulid be retrne d
toPhenxProject b). Fri.. Ja'n. 29, 1971 ;
grants will be made by April 1; pIck up
aplications from office of Phoenix
Proj ectat th 1ioenix Mem. Lab., N
tapior cl'l 76-6t 3
pp)lication for raduate Student
1) :raton Grants Imay benmade
oih closing date of Jan. 22. 1971;
.tel applics. cannot be accepted: two
Sther opportunit iesf'or applic. will be
provid!ed dur:ing year: in Mlarch a n d
OtoIber; exact deadin es will be an-
nounced: students expected to have
clear statement of the research problem
together with estirmated cost of each
rajorepuenditure connected wit y it;
prOject should have aeen reviewed by

memhers of the doctoral comm. or
chairman of the dept.: format for sub-
mission can be obtained in Fellowships
Ofice, 1014 Rackham: information, 764-
Ph"cemn oil
3200 SAIl
interviews at Placement Services, gall
763-1363 for appointments.
Wednesday,. Jan, 6 - U.S. Marines,
U S. Navy.
Jan, 7 - U.S. 'Marines, U.S. Navy,
The following Ann Arbor area Jobs
have been listed with Placement Serv-
ICes in past several weeks; call 764-7460.
:Michigan State Govt., Training School
Continued on Page 12i

- s






Just Spend
Litter doesn't throw
itself away;litter
doesn't just happen.
People cause it-and'
only people can prevent.
it. "People" means you.
Keep America Beautiful.

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" Hebrew for Be inners
" Hebrew Speaking Club
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" The Jew in English Literature
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Historical, Social and
Psychological Issues
" Contemnporary Crises and
Jewish Law
" Israeli Experience Group
JANUARY 11, 12, 13
7-10 P.M.

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Work for a Radica Alternative
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Lots of work needs to be done in preparation for the party's second convention,
Jan. 22-24, and for the April City elections. We need help with:


-Convention organization
-Community and campus
-Legal action


1429 HILL

If you are dissatisfied with the Republican and Democratic parties and are convinced
of the need for a new, radical party, you should attend our Mass Meeting. We will

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