Wednesday, January 6, 1971 THE MICHIGAN DAILY Page Nine STATE SUPREME COURT Parochiaid constitutionality to be DAILY OFFICIAL BULLETIN tested 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 state. 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- SAME We don't care what you do with the money you save on USED QnOKS 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- ality. "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 wrote. "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 Constitution. 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. Order Your SubscripLion Today 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 Parochiaid. The state's case also contends no religious issue is involved. Thousands USED BOOKS 25%10off at FOLLETTS "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: FLARES by SLevi '~Farah SWright " Tads SSebring CHECKMATE 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 WCEI)NESDAY, .AN;UAXRY 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- 2218S Ph"cemn oil PLACEMENT SERvICsS 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 ww ITZ'Zc R.AOF THE I J M at 4C-t 764-0558 FOLLETTS 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. PROGRAM IN JEWISH STUDIES * The Hassidic View on the Existence and Purpose of the Universe * Jewish Music " Hebrew for Be inners " Hebrew Speaking Club " Intermediate Hebrew " Advanced Hebrew * Basic Judaism *Yiddish " The Jew in English Literature * The Arab-Israeli Conflict: Historical, Social and Psychological Issues " Contemnporary Crises and Jewish Law " Israeli Experience Group REGISTRATION MON., TUES., WED. JANUARY 11, 12, 13 7-10 P.M. *dvertising contributed "for the public good Work for a Radica Alternative An independent radical political party has recently been formed in Ann Arbor. 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: -Research -Publicity -Fundraising -Convention organization -Community and campus contacts -Legal action HILLEL0 ATIO 1429 HILL 663-4129 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 I 1