JUDICIAL SYSTEM FOR THE 'U' See editorial page Y Lw6 4a CHAFING High--30 Low--15 Windy and cloudy, chance of flurries. Vol. LXXXI, No. 94 Ann Arbor, Michigan-Thursday, January 21, 1971 Ten Cents Ten Pac Assembly 'U', U 10 LEADERSHIP CEPT supports .judic plan By HESTER PULLING and ROBERT KRAFTOWITZ Senate Assembly, the faculty representative body, las nigh called on the Regents to adopt the major elements of the proposed University judicial system, but urged that several aspects of the plan be altered. By an overwhelming vote, Assembly endorsed a key element of the plan - the use of a randomly-selected student jury in cases involving a student defendant. However, the faculty body called for changes in the pro- cedure for ruling on motions by the defendant and plaintiff in disciplinary trials. The Regents will discuss the judiciary proposal at a closed meeting today with the student-faculty-administration committee that drafted the proposal. Regents to consider The Regents will confer in closed session today with the ad-hoc judiciary committee on its proposed University - wide disciplinary procedure. The proposed judiciary provides for an all-student jury to decide guilt and punishment in cases w h e r e students are defendants. Trials would be presided over by an outside legal expert, along with student and f a c u I t y associate judges. However, Senate Assembly, the faculty representative body, and various schools and colleges are also presenting to the Regents for consideration, their revisions in the proposal. The Regents discussed the pro- posed plan at their December meeting. Although the Regents did not comment on specific fea- tures of the proposal, President Robben Fleming said all the Re- gents expressed doubts about the judiciary. "No Regent entirely accepts the plan as it is written," Fleming told members of the ad hoc judiciary committee at a special session Dec. 19. According to Regent Robert Nederlander (D-Detroit), the Re- gents today hope to "thoroughly discuss" the judiciary proposal and "wrap it up as soon as pos- sible." Inother action, the Regents will hear briefings from the adminis- tration on the status of the, AFSCME strike, and decide whe- ther to close the University if the workers have not returned to their jobs, an informed source said yes- terday. Besides their closed meetings, thehRegents will also hold a pub- lic hearing from 4:30 to 5:30 this afternoon in the Anderson Room of the Michigan Union.1 The Regents will hear discus-f ? sions on the merits of the pass- fail grading system. According to Richard Kennedy, secretary of the University and assistant to theE president, some students felt thatI graduate schools preferred letter grales to pass-fail marks. See REGENTS, Page 6 A major criticism by Assembly of the judiciary plan was the re- quirement for unanimity in jury decisions. Many Assembly mem- bers expressed concern that such a provision would result in many "hung juries" and delay the re- solution of the disciplinary pro- ceeding. Under the committee's proposal, the six jury members would deter- mine guilt and punishment by a unanimous vote. Assembly recom- mended the jury's verdict be de- cided by a majority vote. Commenting on Assembly's ac- tion, Student Government Council President Marty Scott, a member of the drafting committee, said, "The most important thing Assem- bly did was to endorse the pro- posal." While he criticized Assembly':. suggested changes in the plan, he said he was pleased that the fac- ulty body "found the document basically acceptable." So far, the judiciary committee proposal has been endorsed either in principle or with minor chang- es by the public health, social work, architecture and design, ed- ucation, engineering, library sci- ence, literary, music, nursing and pharmacy college faculties. However, the law, dentistry, na- tural resources and graduate school facilities have urged that the plan be rejected. The Lawyers Club, the student group in the law school, endorsed the plan last week. The literary college student gov- ernment executive council, while endorsing the plan, said it would accept the proposal only because it represented a consensus of the University community. In other action, Assembly vot- ed to approve the proposed new Sports Service Bldg. Following several budget cuts announced by the administration last October, Assembly members expressed con- cern to President Robben Fleming over the need for a service build- ing, and appointed a committee to study tha proposal. Last night. on the committee's recommendation. Assembly urged the Regents to approve the plan. The Regents will discuss the pro- posal at tomorrow's public meet- ing. Two of Assembly's criticisms of the judiciary plan were directed at the makeup and powers of a panel which would preside over all trials in the proposed court system. Since the panel would have the power to rule on motions by either the plaintiff or the df'fndant. it would have to decide such se"citivp nustions as whe- See SENATE, Page 6 STRIKE DORMS STAY OPEN; SERVICE CUT . By LINDA DREEBEN and GERI SPRUNG While Union leaders urged AFSCME members to return to their jobs last night, it re- mained unclear whether food service and maintenance would resume in the dorms to- day. During the continued walk-out by University service and mainten- ance employes yesterday, dormi- tories continued operating, pro- viding only minimal services. Food lines had been closed Tues- day night. Picketing continued around campus yesterday, preventing de- liveries at the dorms and other University facilities. The accumulation of trash pre- sented the most serious health hazard, said one housing official, while the lack. of food services re- mained the major inconvenience to the dorm residents. Director of University Housing John Feldkamp said yesterday that while the dorm situation is pre- sently "tolerable", it may become more serious in the next few days due to an accumulation of trash and combustible materials. University officials have spec- ulated that if the 9,000 dorm res- idents have to leave the halls, it would be unlikely that classes> could continue or that the Uni- versity remain open. In most dorms, according to several directors, the general UNIV maintenance work is being done Unive by non-union staff, dieticians, of- ------- fice workers, and students. Minimal services, a director ex- plained, consist mainly of heat, water, and mail delivery. Linen service is available in most of the dorms, but directors were unsure as to how long clean linen would last. Elevator service has been dis- continued in South Quad since the elevators could not be serviced in the event of a breakdown. Ping- pong rooms and pin-ball machine rooms were closed in East Quad and South Quad. Several students said yesterday Ann a dorms were in livable condition, Krasny except for. scattered dirt and trash peated on the main floors and in the drugs ix stairwells. that ai Bathrooms. one resident said, Countyo are being cleaned by the stud- be soug: ents. Ann Arb1 The smaller dorms, especially, In th are minimally affected, except for sons ha the absence of food service, sale ofi None of the dorms were able to result o1 provide food service yesterday, al- State P though some snack bars were Tuesday operating. Mosher-Jordan a n d Stockwell have been serving hot "More dos and soup at minimum cost. and the A Resident Advisor said that the Krasny food was being delivered to an heat isc apartment and brought in by stu- Krasn dents. partmen E D; ORKERS LOCAL WILL CONSIDER BINDING FACT-FINDING By JONATHAN MILLER and SARA FITZGERALD Negotiators for Local 1583 of the American Federatic of State, County and Municipal Employes (AFSCME) agree last night to recommend their members return to work t end a two day strike against the University. The back-to-work order came in a joint statement issue by the union and University after seven hours of close door meetings with Circuit Court Judge William Ager Jr. However Charles McCracken, president of the local, sai last night that, "it's impossible to expect people to go bac to work immediately." - - TO OT -Daily-Tom Stanton ERSITY ATTORNEYS leave the courtroom-yesterday following a tentative decision by the rsity and the union to end the strike and submit to joint fact-finding. 'THE HEAT IS ON' He added that the general membership meeting of the union, at 9 a.m. this morning will vote on the recommendation of the negotiating team to accept bind- ing fact-finding. McCracken also said the membership would have to vote on final ratification, even if they accepted binding fact- finding. It is unclear whether the mem- bership will vote to return to work, as they voted last Sunday by an overwhelming majority to continue a strike until final rati- fication of a new contract. Although the fact finding pro- cedure is not ordinarily binding on the disputing parties, in this case it will be if the union mem- bership and the Regents agree to the recommendations of their re- spective negotiating teams. The fact-finder will meet with the two sides beginning at 10 a.m. today. The fact finder for the nego, tiations will be William Ellmann of Detroit who was appointed yes- terday by the Michigan Employ- ment R e l a t i o n s Commission (MERC). When asked last night how long the fact-finding process would take, Ellmann said, "I usually take about two weeks to hear the argu- ments by each side and then about a week to file my report." University and union officials had estimated the length of time required for fact. finding to be from a month to six weeks. The University and the union have both agreed to recommend acceptance of therecommenda- tions of a fact finder, the Univer- sity negotiators to the Regents and the union to its members. The University also agreed last night to drop its request for legal restraints against the union strike. "This statement will dispense with the necessity of court action at this time," said University Attor- ney William Saxton after last night's court hearing. However both sides stated last night that they will seek the help of the court at a later date of this should become necessary. Union President "Charles Mc- Cracken refused to comment last night on the fact that a vote of the AFSCME membership, which would have had the effect of main- taining the strike until ratifica- U.S. aides landing in Cambodia SAIGON (,?)-American advisor. and South Vietnamese officers are traveling together on command and control helicopters in Cam- bodia and periodically setting foot on the ground-despite Pentagon assertions to the contrary-it was learned reliably last night. The Americans usually do not spend "more thanlb or 15 minutes on Cambodian soil" and land only when necessary to get a briefing or make a map coordination, sources said. In the Pentagon's latest state- ments on the question of Ameri- can participation in the Cambo- dian operation, press officer Jerry Friedheim said there were no U.S. advisors in Cambodia, either in the air or on the ground. Secretary of Defense Melvin R. Laird. at a news conference yes- terday, replied "yes" when asked whether he felt that legislation passed Congress last Dec. 30, bar- ring U.S. advisors or ground troops in Cambodia, precluded him from providing division or regimental level advisors to Cam- bodian or S o u t h Vietnamese forces there. The U.S. Command had no im- mediate comment yesterday on the claim that U.S. advisors were flying with their Vietnamese coun- terparts and occasionally setting foot on Cambodian soil. The sources familiar with the operation of South Vietnamese troops taking part in the massive drive to open up Cambodia's Highway 4, also provided a par- tial identification of an American who was photographed on the ground in Cambodia last Thurs- day. The landing in the photography occurred at Veal Renh, forward command post for South Vietna- mese forces making the northward push through Stung Chhay Pass and trying to 'bpen the road by linking up with a Cambodian force driving south. "They were not on the ground in excess of 10 or 15 minutes," the sources said. rasny promises strong grive against drug use By MARK DILLEN Arbor Police Chief Walt yesterday promised "r drives" against iller n the community, sayi d from the Washten Sheriffs Department m ;ht as supplement to t or and State police force e past two days, five pe ve been charged with t marajuana and LSD, t f raids by Ann Arbor a ?olice on three dwellin afternoon. warrants will be issu re will be more raidz said. "You could say t on," he added. y also defended his d t against reports fro CIGARETTE SALES BANNED witnesses of police misconduct! duct, calling the raid "efficient ter during Tuesdays raid. and well-run-the result of work re- Among the charges leveled at begun last fall." gal the police by those present luring By late yesterday afternoon all ng the raids are: three of those jailed Tuesday were aw -That the police, most of whom free on bond which came largely ay were in plainclothes, allegedly re- from donations. C h e r y 1 Ann he fused to identify themselves when Rasch, Wilson Tanner, and Doug es asked by inhabitants of the houses Connelley were freed on bonds of during the raid, and did not in- $7500, $7500, and $15000, respec- he form them of their rights; tively. Tanner was charged with -That police "ransacked" the selling . marijuana, Rasch with he dwellings, destroying and seizing selling LSD and Connelley with rid igs property though the officers had selling both drugs. only warrants for arrest and not Pollich and Forrester, both search warrants; charged with selling LSD, re- ed -That police refused to tell mained in jail as of last night s,' those arrested what materials were with bond placed at $10,000 he taken from both houses and took apiece. the financial records of the Ann Both Tanner and Connelley had e- Arbor Argus, a local underground their hair cut by police before m newspaper. their release from Washtenaw - In addition, while the raid on County Jail. Both had had the Argus house was ending, an See KRASNY, Page 6 Ann Arbor uniformed police of- --^_ _ ficer allegedly exposed the film of - a Daily photographer without identifying himself. The photog- rapher said he had not attempted to take any pictures. I Mayor Robert Harris said that e if the charges were true, they would constitute "a ;articularly 0 delicate and serious situation." y "My understanding of the law f is that with a warrant r.aming an - individual you can search incident - to the arrest only," Harris said. - "I don't believe you could search, n a whole house. s Mayor Harris late last night be-I r t gan contacting several witnesses.: to the raid, in an effort to investi- e gate the incident. After a meeting yesterday morn- ing with Harris in which Krasny I was asked to check out the charges ° of misconduct Krasny said there was nothing unusual about the ., See 'U', Page 6 .7 'U' Hospital to 'kick tlu By KENNETH SCHULZE Beginning Feb. 1, patients, visitors and staff at University Hospital and throughout the Medical Center will have to buy cigarettes elsewhere due to an administrative order banning cigarette sales. Dr. Park W. Willis III, direc- tor of the cardiology division, says the ban, "will demonstrate to our guests students, and the public that in the opinion of our staff the cigarette habit is a serious health hazard which should not be encouraged in any way by a health-oriented com- munity hospital." alsha bit' "Sixty-five peg cent of thos sales are cigarettes," he says. This revenue loss, about 1300 packs of cigarettes a day, may jeopardize the autonomy o Galens Honorary Medical So ciety, a volunteer service or ganization composed of sopho more medical students who run errands for hospital patient and raise money yearly for Mot Children's Hospital. "We may have to consolidate with other volunteer organiza- tions," says a Galens official "Our financial goal now is t break even." amamIrman