Page Six
THE MICHIGAN DAILY
Friday, October 30, 1970
Page Six THE MICHIGAN DAILY 1-ridoy, October ~3CJ, 191U
Supreme
College Press Service
WASHINGTON (CPS) - For
the second year in a row, the
Supreme Court can be expected
to be the major source of re-
forms in the draft. Last term
(October 1969 - July, 1970) the
court ruled on several cases that
the Selective Service System was
overstepping its legal author-
ity in its day-to-day functions.
The Court found that Selective
Service Regulations, which are
written and put into force by
proclamation of the President,
gave many powers to the system
which were not provided for in
the law as passed by the Con-
gress.
Under the leadership of Chief
Justice Warren Burger -- but
usually over his strong objec-
tion - the Court found that a
number of regulations in con-
flict with the intent or actual
working of Congressional action,
included regulations providing
for priority induction of draft
law violators, punitive reclassi-
fication of college students, pro-
secution of men who fail to
register beyond their 23rd birth-
day (after the statute of limi-
tations expires) and excluding
non-religious objectors to all
wars from conscientious objector
status.
This year the Court is being
asked to focus on two draft is-
sues: the right of registrants to
be represented by a lawyer dur-
ing dealings with their draft
boards, and the right of selec-
tive conscientious objection to
a particular war.
In Weller v. United S t a t e s,
the Court is being asked to over-
turn a finding by Judge Peck-
ham of the North District of
California which dismissed an
RIGHT OF REGISTRANT, CO.
Court to hear two draft cases
indictment against Weller for
failure to report for induction.
The District Court ruled in favor
of Weller's claim when it found
that a registrant may assume
that he has any right which is
not specifically denied regis-
trants. One of these is the privi-
lege of legal counsel at a regis-
trant's appearance before the
local board. The system h a s
traditionally held, both in regu-
lations and less formal docu-
ments, that the meeting between
the local board and the individ-
ual registrant is not a formal,
legal confrontation, and there-
fore specifically excludes legal
counsel from participation in
such meetings.
Judge Peckham, however,
agreed with Weller's contention
that the personal appearance
before the local board is f a r
more serious in terms of i t s
potential effect on a registrants
life and liberty than many other
forms of administrative hear-
ings where counsel has b e e n
regarded as a right such as
security clearance investigations.
"Certainly, failing to estab-
lish a conscientious objector
claim is as serious as the im-
pact of loss of access to classi-
fied information," Weller said.
"hardly what most people would
consider a 'right.'"
In the other major case, Guy
Porter Gillette is appealing his
conviction for failing to submit
to induction on the grounds that
his religious training and be-
lief is unconstitutionally dis-
criminated against by the re-
quirement in the draft law that
conscientious objectors be op-
posed to all wars, not just spec-
ific wars in which they might
expect to fight.
This "selective objection" is
the crux of a major dispute over
the whole conscientious objec-
tor status. On one hand, some
churches hold as a doctrine of
faith that their members must
decide for themselves whether a
specific war is in conflict with
their beliefs or not. These
faiths hold that there are situa-
tions in which war is a justi-
fiable means of resolving con-
flict, and that the individual is
responsible to determine for
himself and act in accordance
with his determination as to the
morality of a particular conflict.
The draft law specifically ex-
cludes these adherents to the
just war doctrine, and has tra-
ditionally required opposition to
all wars as a primary precondi-
tion to recognition. Presently,
Selective Service officials oppose
extention of this exemption to
selective objectors because of
difficulty in determining their
"sincerelty." They seem to feel
that many opponents of the war
in Vietnam mihht take advant-
age of this difficulty in sorting
the "sincere" from\ the "insin-
cere" as a springboard to escape
service without meeting the sys-
tem's r ig or o us requirements
which are now applied to appli-
cants for the exemption.
Draft counselors agree that'
an anti-system ruling in a case
of this sort would greatly in-
crease the number of COs. They
feel, however, that the present
regulations unjustly discrimi-
nate against registrants whose
convictions prevent them from
engaging in wars such as the
war in Vietnam.
What will actually happen
with these cases is up for serious
question because of the uncer-
tainty of newly appointed Jus-
tice Harry Blackmun's effect on
the Court's outlook on draft
cases. Although the Court's re-
cent rulings against the system
have generally been by a margin
of 5-3, it is entirely possible
that Blackmun may be not only
personally conservative on this
issue, but also able to convince
other justices to adopt a more
conservative stance.
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DAILY OFFICI
The Daily Official Bulletin is an
official publication of the Univer-
sity of Michigan. Notices should be
sent in TYPEWRITTEN f o r m to
Room 3528 L. S. A. Bldg., before
I p.m., of the day preceding pub-
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Saturday and Sunday. Items ap-
pear once only. Student organiza-
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publication. For more information,I
phone 764-9270.
FRIDAY, OCTOBER 30
Day Calendar
Postgraduate Medicine Conference:
"Advances in Bedside Diagnosis,"; "Per-
spectives in Infectious Diseases," Max-
well Finland, M.D., Harvard, Towsley
Center, 9 am.
Engineering Fluid Mechanics Lec-
ture: Prof. G. S. Ludford, Cornell,
"MHID Duct Flow," 311 W. Engin., 4
pm.
Astronomy Colloquium: C. Bolton, U.
of Toronto, "Low Dispersion Lumino-
sity Criteria in A and F Stars," P&A
Colloq. Rm., 4 p.m.
AL BULLETIN
Residential College Conference: "New
Academic Community", Registration,
East Quad Aud., Foyer, 4 p.m.
International Folk Dance: Barbour
Gym, 7:30 p.m.
Contemporary Music Festival: Univ.
Symphony Orchestra, Univ. Chamber
Choir, T. Alcantara, T. Hilbish, conduc-
tors; Alberto Ginastera, guest com-
poser and Barbara Nissman, guest plan:
ist; Hill Aud., 8:00 p.m.
Professional Theatre Program: "Lit-
tle Murders," Lydia Mendelssohn Thea-
tre, 8 p.m.
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M R. HAM ...... . .......... ... 79c
(Tender Juicy Ham Stacked High on a Sesame Seed Bun)
MR. HAM IN A BASKET...... ..$1.19
(Mr. Ham with Crisp French Fries and Creamy Cole Slaw)
MR. BEEF ........ ..........79c
(Delicious Juicy U.S.D.A. Choice Roost Beef Stacked
High on a Toasted Buttered Sesame Seed Bun)
MR. BEEF IN A BASKET...........$1.19
(Mr. Beef with Crisp French Fries and Cole Slaw)
MR. HAM,& CHEESE .............89c
(Ham with Delicious Swiss Cheese Melted Over the Top)
MR. HAM& CHEESE IN A BASKET. $1.29
CORNED BEEF .... . ... 89c
(Tender Brisket of Corned Beef on Our Own Dark-Rye Bun)
CORNED BEEF IN A BASKET ...... $1.29
REUBEN ........... ............99c
(Corned Beef, Swiss Cheese and Sourkraut-A Real Treat)
REUBEN IN A BASKET .......... $1.39
HOT DOG.........j...........30c
HOT DOG IN A BASKET ...........70c
CONEY ISLAND ... 35c
CONEY ISLAND IN A BASKET ...... 75c
MINI HAM-MINI BEEF SANDWICHES 49c
(For the Kids)
FISH IN A BASKET .. . . $1.29
(Old English Styled Fish with French Fries
Cole Slow and Roll, Tartar Sauce)
CHICKEN IN A BASKET ......... $1.39
(Fried Chicken with French Fries, Slaw, Honey and Roll)
CHICKEN IN A BASKET ......... $1.49
SHRIMP IN A BASKET .......... $1.69
(6 Large Gulf Shrimp, Tangy Sauce,
FISH SANDWICH ......... 49c
4'
COLE SLAW .....
FRENCH FRIES ...
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ONION RINGS
FRENCH FRIED
MUSHROOMS
SIDE ORDERS
.. 25c COLD DRINKS ..... 15c-20c
.. ....25c MILK SHAKES . ...... 35c
COFFEE ....... ....... 15c
50c TEA ....15c
MILK .20c
55c HOT CHOCOLATE ....15c
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"Best Food in Town"
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There will be a drawing for an AM-FM clock
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