- why thei this restlessness? Iie id&wan Baait1 Eighty years of editorial freedom Edited and managed by students at the University of Michigan Striking GM: Still standing on the line by Stuart gannes 420 Maynard St., Ann Arbor, Mich. News Phone: 764-0552 Editorials printed in The Michigan Daily express the individual opinions of staff writers or the editors. This must be noted in all reprints. TUESDAY, SEPTEMBER 22, 1970 NIGHT EDITOR: LYNN WEINER Forming a new 'U' judiciary' WITH THE MAKEP of campus judici- aries perplexing universities across the country, it is not surprising that a committee working on the problems here for more than four months is only now approaching a solution. The task is difficult because m a n y questions of rights, responsibilities, prin- ciples and politics are involved. As a min- imum, though, any university legal sys- tem must be fair, practical and accept- able to all segments of t h e university community. To be fair a university judiciary should be' impartial toward a 11 defendants, should safeguard constitutionally-guar- anteed rights and should conform to com- mon law traditions ingrained in our con- cept. of justice.' One of the most important traditions is the principle of trial by peers. Trial by peers'incorporates ;into judgments the values and extenuating circumstances, unique to the defendant's group. More importantly, trial by peers helps prevent oppression, or even the appearance of it, by outside forces.' To be practical a university legal sys- tem should be speedy, simple enough to 'allow' people with a minimum of legal training to participate in it a n d ade- quately streamlined to require a mini- mum of bureaucratic structure and prac- tice. However, a system that trades speed for thoroughness, simplicity for fairness and streamlined structure for impartial. ity is undesirable. Practicality is import- ant, but justice is vital. The most difficult, and perhaps most essential, requirement is that it be ac- ceptable to all groups in the university community. Even if a system is just and practical, if it is not supported by a large number of the people it governs, the sys- tem will not work. A judiciary is held in respect because of the moral authority it yields. A legal system w iI c h has neither respect nor moral authority invites non-cooperation, defiance and disruption. THE REGENTS ;Interim Disciplinary Policy is such a system. Although ex- pedient, the interim rules adopted by the Regents last April are neither fair nor acceptable to significant numbers of stu- dents, faculty members and administra- tors. Enacted without any consultation with these groups, the interim rules' provide for an outside hearing officer, appointed by President Robben Fleming, to decide guilt or innocence and to assess sanc- tions. During proceedings the defendant may ,e suspended from school by Fleming and the hearing officer has the power to limit the number of witnesses, to restrict pub- lic attendance at hearings and to con- duct them without the presence of the defendant. Because of these features, the interim rules are undesirable.. There are certainly doubts whether any hearing officer appointed by Fleming, a party to many of the issues that arise on campus, can be fair and impartial. Further, t h e r e are serious questions whether the interim rules provide for due process. Although a report by the Ameri- can Bar Association says the system does, enough students a n d faculty members have charged the interim rules do not safeguard constitutional rights to c a s t doubt upon the rules. Most importantly, the interim rules do not conform with the old tradition of trial by peers. Rather, an outside hearing officer is brought in with little knowledge of the values, political conditions and life style of the people he judges. By using someone f r o m outside the community, the interim rules raise the fear of repression from the outside.. Whether these fears or doubts are valid or not, with a judicial' system appear- ances are just as important as fact. THEINTERIM RULES, therefore, a r e obnoxious and must be replaced. Wise- ly, the committee studying a new judicial system has decided to steer a different course. Under their nearly completed pro- posal, students would have a choice of the method under which they would be tried. Under one of the options, if both par- ties to a dispute agreed, a student could go before Central Student Judiciary (CSJ). CSJ provides for trial and sen- tencing by ten student judges appointed by Student Government Council. This procedure allows for trial by peers, and past experience with CSJ has shown it works. CSJ's main problem, the slow- ness of its deliberations in a couple of cases, has resulted f r o m jurisdictional questions caused by the administration's refusal to recognize its authority. An all-student jury in which six ran- domly selected students judge guilt and assess penalties is another option envis- aged by the committee. A similar but per-. manent student panel would probably be established for less serious cases. The jury approach would be practical as hundreds of years of jury trials in civil courts has proved. And as CSJ has dem- onstrated an all-student version of such a legal system is workable. In addition, access to lawyers helps insure that the decisions made by student judiciaries will be legally sound while trial by peers re- moves the fear of outside interference. N VIEW OF the fact that the Regents have!expressed a liking for their in- terim rules, it is important that all mem- bers of the University community support the proposal n o w before the judiciary committee. In finalizing the plan, committee mem- bers must not compromise the principle of trial by peers. The committee should continue its present course toward a fair, practical judicial system acceptable to all members of the University community. Anything less is a sellout. -DAVE CHUDWIN .. ae-WILLOW RUN IT WAS RAINING so hard last Thursday afternoon, that around 12 o'clock one man picketed the entrance to General Motor's Chevy assembly plant in Willow Run. Cassady,, who had the only umbrella, checked the ID's of people trying to get -in the plant grounds, while the rest of the men sought out the protection of a near-by tent where they could sit and joke about jobs and women. -And on that rainy Thursday afternoon, with picket duty until two o'clock, there wasn't much to do except sit around and talk. The men told stories about how they got ploughed the night before, how their "old lady" got pregnant, about hunting trips they'll go on now that the strike has started. As their talk continued it seemed that many workers, were actually relieved that the strike was finally here. Work in the plant this summer was reaching the point of insanity. GM, anticipating the strike had many shifts working nine hours a day and six days a week on the new 1971 models. And by the time the strike finally came, the men were worn ragged from gruelling assembly line jobs which grind their emotions into apathy. So, with the Temory of work still fresh in their minds, and last week's pay still owed to them, it wasn't hard to be cheerful about being on strike. Sure, they'll be talking about bills and payments soon but at this point nobody was really hurting. THURSDAY WAS THE THIRD day of a strike of indeterminate length. Nobody knows when work will resume. Some men expect to be back in two weeks while others wished 'their foremen a merry Christ- mas. Talk to the workers on the picket lines, talk to union officials, talk to the GM management, talk to labor specialists . . . And you'll get as many guesses estimating the strike's length as the number of people you talk to. "The $40 Cassady gets each week from the UAW isn't much when you have a wife and kid to support, but if the strike is over soon Cassady fig- ures he'll get by if he's careful. The first thing he plans to do is stop sha. ing to cut down on razor blades. In the meantime, his only obligation for union assistance is to stand on the picket line Thursdays from 10 till 2." * -4 Cassady thinks the strike will last about three weeks. He reasons that "GM has $400 .million in the Vega (its low-priced Chevrolet) and it can't afford to lose that money." Besides, he says, "after three weeks, the workers will get the heebee-geebees," because they'll have run through their savings and pressure the union intoaccepting any com- pany offer. AT ANY RATE, Cassady isn't looking for a job right now. He says he has important things to do around his trailer-home-like installing screen windows and "a lot of little things." Besides, with GM on strike, decent jobs are impossible to find., The $40 each week Cassady gets from the UAW isn't much when you have a wife and kid to support, but if the strike is oyer soon Cassady figures he'll get by if he's careful. The first thing he plans to do is stop shaving to cut down on razpr blades. In the meantime, his only obligation for union assistance is to stand on the picket line every Thursday from 10 til 2.' The picket line wasn't very imposing last Thursday. Around noon, as the drizzle developed into a steady rainfall, the workers slowly drifted into the tent. UAW strike poster demanding early retirement, equity and justice, lay in the mud of the road-side culvert, slowly soaking up the rain. Cassidy, with his three-day-old beard and beaten-up umbrella stayed outside as the lone picket to check the people who drove up to the gate. The management's salaried employes, who are required to show up each day despite the strike, occasionally enter or leave the plant. They; drive up in two's and three's, always in a late-model Chevrolet, white shirts, dark ties and crew-cut hair. They smile as Cassady checks their IDs, say something to each other, then drive off- into or out from the plant. According to GM's public relations man, the men attend lectures on safety and management' techniques each day during the strike. According to Cassady: "They sit around and play cards or something." Cafeteria employes who show up for work are turned away from the line. Workers coming for last week's pay checks have to be told to come back on Friday afternoon. The UAW's international repre- sentative from the factory pulls up in a sleek big sedan to ask how things are going.... And the rain gets harder. By 1:30 a steadydin of husky voices from inside the tent begins to compete with the last showers of the rain storm. Men with nothing better to do are arriving for their stint on the picket line which begins at 2:00. As the tent fills up, waves of laughter come through the canvas walls as each juicy anecdote is retold. Husbands betray wives and wives betray husbands .... Laugh at the other guy while you have a chance. AS CASSADY FINISHES up his time on the line, a blue State Police patrol car slowly cruises by the gate. Earlier in the week there was trouble at Chevrolet's gate and at the Fisher Body plant next door. The account in the Ann Arbor News said: "(Washtenaw County) Sheriff's deputies arrived after receiving a report that approximately 25 pickets were stopping cars and opening trunks and creating a con- dition of general harrassment.... Cassady's version is somewhat more real: "This was the first strike for a lot of men and they didn't know how to play it cool. They thought that being on strike gave you the right to stop anybody." Eventually, Sheriff Harvey's men came "with dogs and all" and "roughed up some boys." However, "don't get me, wrong, Harvey has a job to do." Cassady understands how the men got all worked up for their first strike. But veteran workers take things more calmly. Cassady began working at Chevrolet when the plant was built in 1959. Like many autoworkers'in Michigan, he left his family in West Virginia to come to Detroit to get a good day's wages. As a mechanic in he plant, he works the bugs out from newly assembled cars. WHEN CASSADY FIRST STARTED working, GM paid him $2.35 per hour. When he went out on strike last week, he was making $3.80. In the meantime, of course, with increasing prices, it is doubtful whether Cassady's real wages have risen more than two per cent - in total - during a time when the nation's productivity (and GM's slice of the pie) have risen tremendously. As ,far as 'the money he takes home, Cassady says "That's not too much for eleven year's work." Now, after -more than a decade- in Michigan, Cassady says he has "this here Cutlass (his Oldsmobile), a wife, a kid and a house trailer." His ties'in the state are few, for Cassady's soul never really left West Virginia. He' drives down there for all his vacations and he talks about the hills and the forests near his home with a possessive- ness which can only be described as love. Although he's at home in the Chevy factory, Cassady is. a stranger to his home in Michigan. In eleven years, he has gone to Detroit three times - "and got lost each time." If the UAW wins its "thirty years and out" retirement proposal, Cassady will be back in West Virginia whanh s i fty4. 1#-.hrpon R Tent City: U' vs. peaceful protest -Daily-Sara Krulwich TENT CITY, which has functioned as both a symbolic reminder of Univer-. sity insensitivity to local housing prob- lems and as a temporary residence for about twenty- people, is fighting for its life after reports late last -week of a case of infectious hepatitis on the Diag camp- ing site. Strikingly, though, University officials like Vice President for Student Services Robert Knauss freely admit that' the hep- atitis case is not the real problem: Tent City, like Stockwell Hall where the in- fected person also spent considerable time, has been safely disinfected, and residents have. been innoculated. What continues to threaten the exis-. tence of Tent City are alleged inadequa- cies in toile't and shower facilities. And it is hereY that the University has shown gross indifference to the fate of Tent City residents. Rather than assisting the residents of Tent City by making toilet and shower facilities available in surrounding Uni- versity buildings -- nearby Waterman I 1-f tit 7 n t Gymnasium for example - Knauss has told residents that their presence on Cen- tral Campus will simply no longer be tol- erated. Instead, he has suggested they move to some out-of-sight North Campus location - a step he knows would be antithetical to the campers' objective of dramatizing the housing situation. Knauss has also raised the specious is- sue of t h e predominantly non-student composition of Tent City, presumably in- dicating a callous belief that the Univer- sity has no obligation to protect non- students in matters of politics or health -- or housing itself. THE UNIVERSITY could easily provide adequate facilities for Tent City, and could effectively fight unwarranted legal action by county health officials on the grounds that such action would impinge on the University's constitutional auton- omy. Instead, the, University administration has hastened to capitulate to political pressure, expressing the intention of tak- ing its own legal action against Tent City WHO'S DOING WHAT? Learning games students play 1' By MARK DILLEN - 0K. SPORTS FANS, its time for another go at that annual game - "What are THEY going to do on campus this year?" THEY, of course, are those lovable groups of commie, hippie. pervert, radicals - in other words, the en- tire lit school. But first, in the spirit of the academic community in which we live, there have to be some ground rules before we can play: First, no one can play who has intelligently examined the radical groups on campus. Since this ex- cludes no one - including radi- cals - everyone can still play. But this rule, like most rules, will do no more than frustrate those who see themselves more intelli- gent than the rule-makers (which we all do). Thus, we are prepared to start, being' good and frustrat- ed. the first, move (if you ask why it shows you're starting to get frus- trated) and as usual, issues "An Appeal to Reason," and "A Pre- diction of Calm." (Administra- tions get away with this because everyone knowsgthey 'e reasonable and all-knowing) The newspapers of the nearby metropolis get to make the next move. They send a reporter over who writes "An In-Depth Analy- sis" which shows: a) there is a potential for violence because, b) t h e University is no longer an "Ivory Tower." This comes as a great shock to parents, alumni, and Regents (somehow the only difference between these groups is their names). Parents run for local school boards as "Strict Constructionists"; Alumni run for Regent urging "A Return to Nor- malcy"; regents run from their office by saying "the kids need a good spanking," and anyone in They issue a statement calling for "Class Consciousness in the Strug- gle AgainstRepression," and then, tired, go home to Royal Oak for the weekend. THE LAST STEP in the game is determined by The Issue and is the trickiest to foretell. The Issue is first known as the Prob- lem and is ignored until it Rises to the Surface of Debate. This is usually done w h e n someone in power (especially the University) being reasonable, decides to dis- cuss The Problem with students and finds, surprisingly, that the students know more than they do. The only way out is for the Ad- ministrationto admit it is wrong, in which case the administration loses. However, the administration never loses or else it couldn't be an administration (Catch-22). In- stead, they alweys s e e m to be lucky enough to draw the John- son-Nixon Wild Card of Consen-