AEC AS KILLERS
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Vol. LXXXI, No. 9 Ann Arbor, Michigan - Saturday, September 12, 1970 Ten Cents
Eight Pages
-N.Y.C. to
ask test on
war duty
California judge
to decide legality
t of Asian conflict
NEW YORK ( - The City
Council here has adopted a
resolution directing the city's
attorney to test the constitu-
tionality of the Vietnam war
4 on behalf of any New. Yorker
w h o challenges an order to
serve in combat d u t y in
'Southeast Asia.
And, in San Francisco, a federal
judge says he has decided to rule
on the constitutionality o t h e
. Vietnam war because he believes
it is time the courts stopped
avoiding the issue.
The 32-4 vote in the New York
Council came Thursday after more
than two hours of debate. T h e
resolution does not put the coun-
cil on record for. or against the
Ifldochina war but merely calls
for a court test of its legality.
A s nilar bill was passed by the
- assachusetts Legislature . a n d
,igne by Gov. Frkncis W. Star-
gent last April. A brief challeng-
ing its constitutionality is on
file before the U.S. Supreme
Court.
The basis of the New York res -
olution is t h a t "since Congress
has not declared war, it should be
determined whether the president
has exceeded h i s constitutional
powers.", j
Judge William Sweigert made
his statement in U.S. District
Couit Thursday in San Francisco
in refusing to dismiss a lawsuit
filed by four University of Cali-
fornia students seeking to have
the war declared illegal and un-
constitutional.
Sweigert said the U.S. Supreme
Court has been "resourcefully
ducking" the issue on the grounds
it is "political" and a question of
"sovereign immunity."
le .said that although the war
was never declared by Congress,
4 President Nixon and former pres-
idents "continued, nevertheless, to
conduct the war without receiving
or even requesting a congression-
al declaration."
The question of whether t h e
Constitution says the power to de-
clare war lies with Congress and
not the president "should rest up-
on something better than the am-
bivalences of congressional inac-
tion," Sweigert said.
"The Supreme Court has dem-
onstrated its resourcefulness in
finding ways and means of elimi-
Snating or minimizing undesirable,
practical consequences that might
otherwise follow major decisions
charting new requirements in the
field of constitutional law" in con-
nection with the Vietnam war, he
declared.
The judge said he would with-
* hold a decision until government
attorneys have filed an answer to
his denial of their motion to dis-
miss the suit by Garry F. Motola,
23, James R. Schwartz, 23, Irving
M. Gross, 22, and Roy Olson, 24,
all of Berkeley.
Sweigert reviewed. various argu-
ments proposed to justify U.S. ac-
tion in Vietnam, such as self-
defense and treaty obligations,
'and said those argtiments "merely
purport to explain why, for various
*reasons of expedience, the Con-
stitution has not been complied
with."
Ager gives
temporary
injmunction
Judge prohibits
welfare groups
from disruption,
By CARLA RAPOPORT
Circuit Court Judge William
Ager, Jr. issued a temporary
restraining order yesterday
barring members of two local
welfare groups from interfer-
ing with the religious activi-
ties and business of eleven
-area churches.
The religious institutions, in-
cluding Beth Israel Congregation,
which is currently occupied by
two members of the Black Eco-
nomic Development L e a g u e
(BEDL and Washtenaw County
Welfare Rights Organization
(WRO), were seeking a prelimi-
nary injunction from the court
which would bar the organizations
from their property.
Ager issued the temporary order
saying uncompleted testimony in\
the case would resume on Mon-
day.
In recent weeks, BEDL and
WRO representatives have con-
ducted sit-ins at the churches to
press for three demands:
--Immediate sums of money to
provide school clothing for wel-
fare recipients;
Authority to spend the monies
at their determination; and
-Recognition of BEDL a n d'
WRO as the legitimate agents of
the county's "poor, black and dis-
Infranchised."
Ager's order supercedes a, tem-
porary restraining order issued
last week which barred the phys-
ical presence of BEDL and WRO
members from 10 area churches.
In effect, the court order, allows
the groups to remain in the
churches as long as they don't
"intimidate, threaten, of interfere
with the business of the church
members.",
Ager emphasized that a court
of equity's function was not to
prevent criminal acts and if the
church officials desired, they could
notify local police and charge the
demonstrators with trespassing.
Members of the Beth Israel
board met, last night to discuss
what action to take to end the oc-
cupation, of their temple. some
members of the board said they
feared, adverse publicity if the po-
lice were called.
Violation of the temporary in-
junction would result in$1,000
fine and/or six mPnths in jail.
See JUDGE, Page 8
62
hostages
released; Meir
to"
meet Nixon
By The Associated Press
Arab guerrillas sent 62 hijack victims to Cyprus and
freedom yesterday and moved 23 other hostage air travelers
from desert captivity to hotels in Amman.
The fate of more than 240 remaining hostages, held under
armed guard aboard three jetliners, remaineduncertain early
today.
In Beirut, Lebanon, the guerrillas' Central Committee
reported that buses left Amman late yesterday for the jet-
liners, parked at a military airstrip 25 miles away, to pick
up the hostages. But there was no word from the seene that
the operation of transferring the hostages from the planes
to the buses had started.
Nor was there information on developments in a key
issue of the drama-the guer-
rillas demand for freedom for
Arab c o m m and'o s jailed
abroad,
The guerrillas want the release
of seven guerrillas jailed in Bri-
tain, Switzerland and West Ger-
many and the repatriation of all
guerrilla prisoners in Israel, in
exchange for the hostages. Israel
has refused to negotiate and other
governments have demanded the
freedom of all the hijack victims,
including Israeli nationals,
The commandos have threaten-
ed to blow up the planes if their
demands are not met by 10 p.m.
EDT today. ,
Although exact figures have not
been available, more than 400 in-
ternational airline passengers be-
came hostages when Swiss and
American planes were hijacked,
Sunday and a British jet was
seized Wednesday. Of these, 171
were permitted to leave the planes
_, and go to Amman where 62 were
-Associated Piss1
Deep thoughts on the railroads
William Moore, new president of the Penn Central Railroad, is
pondering a question not sleeping during a press conference a
press conference at Harrisburg, Pa. Moore was appointed president
to help the financially-troubled railroad. He is also iow faced
with the problem of an upcoming railroad strike.
UFW VICTORIOUS:
Workers return to
fields as union wins'
SALINAS, Calif. O) - Hundreds of workers returned to
their jobs yesterday in the fields of 13 growers who agreed'
to recognize Cesar Chavez's United Farm Workers Organiz-
ing Committee in the Salinas Valley "salad bowl" region..
Their return after pickets were withdrawn brought to
more than 5,000 the total work force of the 13 growers. The
peak harvest force in the region is estimated at 12,000.
Strike foes ended counterpicketing of Inter Harvest, the
region's biggest corporate lettuce producer and only grower
signed to an UFWOC contract. Inter Harvest resumed full
operations. However, all but one of 70 independent lettuce
and vegetable growers signed to Teamsters Union contracts
.in July held firm against UFWOC's picketing and organizing
efforts. They represent about -
75 per cent of the area's pro- du- *--
dction. IM illi ken !N
The rich valley produces some 1 1 .. 1 a
90 per cent of the nation's lettuce.
UFWOC halted picket~ng of 10 ~ v i~ I t
most of the region's berry produc- a e t n
tion in Monterey, Santa Cruz, and'
Santa Clara counties. They signed EAST LANSING WP) - Gov.
recognition agreements Thursday. William Milliken has declared he
An UFWOC spokesman esti- is determined to avoid in Mich-
mated that 1.000 union members igan tragedies that have occurred
went back to work in strawberry on campuses in otherstates.
fields employing about 3,500 work- The governor made his State-
ers. Picketing also ended against ment yesterday in remarks before
D'Arrigo Brothers, major broccoli the 77th State Police Recruit
shipper and first major independ- School graduation at East Lan-.
ent grower to sign a recognition sing.
agreement. It is possible to avoid tragedies
About 1,800 workers were re- such as have occurred at Kent
porters on the job in operations State University, Milliken said,
of Inter Harvest, Freshpict, and "when state police forces and the
D'Arrigo Brothers. Freshpict, a National Guard are adequately
trained to deal with civil disorders
corporate subsidiary of Purex' and when they know how to keep
s i g n e d a recognition agreement cool in the face of an angry mob."
earlier. "I think it is clear that we are
-Associated Press
PASSENGERS of hijacked British airliner listen to Palestinian
gueirillas at their press conference yesterday at a desert airstrip
in Jordan.,
STUDENT-RUN HELP:
Ozone House aids
young runaways,
By JOEL ROSS
Every year several hundred runaway youths, many only
13 or 14 years old, pass through Ann Arbor.
Often they are on the run from the police, who are
obliged to arrest them and return them to their homes.
There has not, until recently, been any social agency
that attempted to help Ann Arbor's hundreds of runaways
by seeking to solve their problems instead of merely reacting
to their symptoms.
Last year, however, a group of students under the leader-
ship of Dave Bowman organized Ozone House. Ozone began
as a telephone servile at Canterbury House,
After a series of moves, and an expansion of the facilities
sks help of pollce in
ragedies
beyond the point where
violence that will have to
by state action is only a
possibility," Milliken said
The governor said he has
timate responsibility for e
ment of the laws of the st
the preservation of public
He added he must meet t
sponsibility through agenci
at State Police.
The governor listed fiv
he has taken to help preve
control campus disorders:
-The training program,
ning under the Mandatory
Training Act I signed thi
will strengthen local law e
ment ability to respond in
on campuses
campus fessional manner to incidentso
be met violence and, disorders on ou
remote campuses.
dh -"I am announcing the crea
the ul- tion of a committee on collecti
nforce- violence, wihtin the State C r i m
ate and Commission, to improve the abi
order. ity of staff and local agenciest
this rer prevent and control incidentsc
es such collective violence in our urba
areas, our suburbs, and on ou
e steps campuses.
ent and -"I have called on the Offic
. of Criminal Justice Programst
begin-increase the police communica
y Police tions and contact on campus
is year, when there are no disturbance
nforce- through the funding of specia
a pro- workshops and seminars.
- "I am completing a speci
memorandum to college presiden
outlining the role of state agent
ies in the event of violent dis
ruption on our college campuse.
e Such a memorandum was issue
last year and is being updated fo
the benefit of each college admir
istration.
thing }
-"My recent decision not t
rges, I implement the provisions of th
federal law enabling an early re
vice lease for 2500 state Nationa
pear Guardsmen will assure that t h
irely guardsmen are the best qualifih
nest- and the best trained available."
) to Milliken told state police he wil
have a tough decision in findir
d by a successor to Col. Fredrick Dav
s as ids, retiring as State Police dice
ases. or, but will try to, select the be
qualified man for the job. Davi
ro m will become the University's fir
ative directorof n sfety in mid-Octnhor
Ito include personal counsel-
ing, O z o n e finally occupied
premises on Lincoln.
A runaway may either call and
make an appointment at Ozone
or just walk in. The staff says
that under no circumstances will
they notify either the police or
the runaway's parents unless a
of direct request is made by the
ur youth.
For legal reasons, Ozone is un-
able to house or feed the runaway
a- unless the parents or guardians
ve have given their consent. So hope-
e fully the youth will choose to call
- his parents or have the counselors
to call his parents and try to explain
of the problem to them. Once the
in parents have been reached, the
ur counselors try to attain verbal
permission for their son or daugh-
ce ter to remain in Ann Arbor for
to a few days, to think things ovei1.
a- Ozone then attempts to arrange
es a meeting with the parents, run-
s, See OZONE, page 8
-freed yesterday to leave the coun-
try.
Some 200 of, the hostages have
spent five sweltering days aboard
the cramped airliners despite ap-
peals by~ the International Red
Cross and a score of governments.
Meanwhile, the: White House
announced yesterday President
Nixon and Prime Minister Golda
Meir of Israel will confer in Wash-
ington next Friday.
Mrs. Meir will meet with the
President at 11 a .m. EDT. Her
ostensible purpose in visiting the
United States to participate inuan
Israeli bond drive, but she un-
doubtedly will confer with Ameri-
can officials on Israeli charges of
Egyptian-Soviet violations of the
Middle East cease-fire and the
now-stalled negotiations aimed at
bringing peace to the area.
The guerrillas, in a move that
one acknowledged was an effort to
bring pressure on world opinion,
released notes yesterday scribbled
by some of the hijack victims still
held on the planes.
International Red Cross trouble-
shooter Andre Rochat has been
negotiating with the guerrillas in
Amman and also at the desert
airfield.
He negotiated yesterday's trans-
fer of 23 persons, including two
Americans, from the desert -to
Amman. Other hostages said the
21 non-Americans were taken
from the British plane Thursday
and spent, the night in Zerqa, a
town 15 miles northeast of Am-
man.
The two Americans brought to
Amman with 19 Indians, a Saudi
Arabian and an Indonesian were
Mr. and Mrs. Thomas Rogero of
Knoxville, Tenn. "Thank God it's
over," Rogero told newsmen.
The Arab world appealed to"
the Marxist guerrillas to at least
move the hostages to Amman's
Intercontinental Hotel until their
fate could be determined in the
negotiations with Israel and West-
ern governments.
NIXoi puts
guards on
airplanes
WASHINGTON (U - Presi-
dent Nixon ordered armed
government guards a b o a r d
U.S.-based airlines yesterday
under an antihijacking pro,
gram that will be financed by
the taxpayers and the airlines.
In a special statement, Nixon
said that "specially trained, arm-
ed United States government per-
sonnel" will begin flying the air-
lines today.
At the same time, air carriers
will be urged to make wider use of
electronic gear a n d surveillance
techniques designed to keep po-
tential air pirates off scheduled
flights. ,
Initially, the force of about 4,-
000 sky marshals will be recruited
mainly from various federal por
lice agencies, notably those of the
Treasury Department, a n d sup-
plemented by military policemen,
shore patrolmen, and air police,
until a permanent cadre of civil-
ian guards can be recruited and
trained.
Nixon, whose statement Was ap-
plauded in advance by both Re-
publican and Democratic leaders
of Congress, said:
"Piracy is not a new challenge
"for the community, of nations.
Most countries, including the
United States, found effective
means of dealing with piracy on
the high seas a century and a half
ago. We can-and we will-deal
effectively with piracy in the skies
today."
The airlines' share of financing
the new effort-spurred by' drama-
tic jetliner takeovers by Pales-
tinian guerrillas-will involve pur-
chase of electronic instruments
designed to detect weapons or ex-
plosives as they are carried
through boarding gates in pas-
sengers' clothing or luggage.
The air carriers also will hire
the people to operate this equip-
ment, and they will provide seats
for the government guards.
The federal t government will
finance the guard force, and will
pay the salaries of U.S. marshals
and customs officials empowered
to arrest suspected hijackers.
The government hopes to recoup
the outlays by increasing taxes
levied against passengers.
The ultimate objective is to es-
tabish a force of civilians who
would be employes of the Federal
Aviation Administration.
WHO HAS AUTHORITY?
Disilinryheari
sgs to resum
By EDWARD /ZIMMERMAN But the Regents and the University ad- Bernard . Galler, who had been teac
The approach of the first disciplinary ministration have not accepted t h e the class that was disrupted.
hearings of the academic year signals the SGC position. The current Regental bylaws After he was informed of the char
resumption of the controversy over who delegate primary rule-making authority Van Der Hout, former executive
over students to the faculty. president of SGC, said he would ap
shouldU have the autnority to iscipine
students who violate University conduct
regulations.
Within the next few weeks, at least two
students will be called to appear before
faculty disciplinary boards which will try
to determine whether the students should
be punished for disruption of a class during
last spring's class stirke.
Throughout the past summer a comnit-
tee of students, faculty members, a n d
administrators has been meeting in an
attempt to draft a proposal for the estab-
lishment of a University-wide judiciary.
The committee was requested to submit
a plan to the Regents by the start of the
current term, but committee members say
they are far from agreement on a nro-
before a judicial body composed ent
of his peers - students. He then requ
ed Central Student Judiciary (CSJ)
hear the case.
CSJ, an all student body establishe
SGC, is not' recognized by the Regent
having jurisdiction in disruption c
CSJ "enjoined" Van Der Hout f r
apearing before the LSA Administr
...... .-