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November 02, 1974 - Image 4

Resource type:
The Michigan Daily, 1974-11-02

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QfIe rt tn Daily
Eighty-four years of editorial freedom
Edited and managed by students at the University of Michigan


Saturday, November 2, 1974

News Phone: 764-0552

420 Maynard St., Ann Arbor, Mi. 48104

Conviction by accusation?

BACK IN 1972, two Upper Peninsula
youngsters, Victor Belleville and
Edward Dale, were arrested for pos-
session of marijuana. Two informers
allegedly bought some grass from the
two, smoked it, and then turned the
sellers in to police.
Belleville and Dale were convicted
and sentenced for the offense, and
their attorney appealed the matter.
The case came up before State
Court of Appeals Justices Glenn Al-
len, John Gillis, and Louis McGregor
this fall for consideration. The judges
reversed the verdict on two of the
three grounds requested - that im-
portant witnesses were not called by
the prosecution, and that the judge's
instruction to the jury were improper.
But on the third reason for appeal,
that no physical evidence of the
marijuana was produced, the court
issued an opinion of frightening ju-
dicial and constitutional import.
THE JUSTICES ruled, in effect, that
physical evidence of marijuana
possession was not needed for con-
The opinion said, "When marijuana
has been consumed it is often impos-
sible to bring physical evidence of the
charge before the fact finder. The
main witness testified that he was
News: Barb Cornell, Mary Harris, Cin-
dy Hill, Jay Levin, Judy Ruskin,
Becky Warner
Editorial Page: Peter Blaisdell, Becky
Warner, Sue Wilhelm
Arts: Ken Fink
Photo Technician: Pauline Lubens
ditor In Chef
Managing Editors
LAURA BERMAN .................Sunday Editor
HOWARD BRICK ..............Sunday Editor
MARNIE HEYN ..Editorial Director
CINDY HILL ....................Executive Editor
JEFF DAY...........9ssistant Managing Editor
KENNETH FINK.................Arts Editor
STAFF WRITERS: Susan Ades, Glen Allerhand,
Gordon Atcheson, David Blomquist, Dan
Blugerman, Tony Cecere, Cathy Brown, Clif-
ford Brown, Dave Burhenn, Wendy Chapin,
Barb Cornell, David Crumm, Mark DeBofsky,
Sandy Feldman, Linda Fidel, James Florczak,
Cintha Fox, Enid Goldman, Laurie Gross,
Mary Harris, Paul Haskins, Stephen Hersh,
Debra Hurwitz, Wayne Johnson, Lois Joel-
movich, Mary Kelleher, Barb Kalisewcz,
Carol Klemet, Linda Klocte, Chris Kochman-
ski, Don Korobkin, Claudia Kraus, Ron
Langdon, Sue Leinoff, Jay Levin, Andrea
Lilly, Anne Marie Lipinski, Su Lively,
George Lobsenz, Mary Long, Judy Lopatin,
Josephine Marcotty, Rob Meachum, Diane
Morrison, Jim Nicoll, Beth Nissen, Chryl
Pilate, Tom Preston, Sara Rimer, Jeff Ris-
tine, Steve Ross, Joan Ruhela, Tim Schick,
Bob Seidenstein, Stephen Selbst, Stu Sherr,
Charles Smith, Jeff Sorensen, Kate Spelman,
Jim Stern, Steve Stojic, Brian Sutton, Paul
Terwilliger, Suanne Tibero, Jim Tobin, Jim
Valk, Mark Vermilion, David Warren, Bruce

quite familiar with marijuana and
had smoked some with the defend-
ants. His testimoney was sufficient
to raise question of fact before the
While the precise meaning of the
opinion is subject to debate, its im-
plications are awesome. Picture this
scene: You are at a party. One of the
persons at the affair doesn't like you
too much, and decides to get even.
He or she goes to the prosecutor and
says, "X was smoking grass last night
I know because I've smoked
grass and I was at the party, and that
funny cigarette in X's mouth sure
wasn't Bull Durham."
INDER THE NEW appeals court rul-
ing, it appears that even though
you might not have smoked any mari-
juana at the party, the testimony of
that "expert witness" could present a
powerful case against you.
We must believe that few judges
will admit such flimsy evidence in a
court proceeding. Even District Judge
Sandorf Elden, who two years ago
overturned Ann Arbor's first five
dollar pot law, expressed caution at
the implications of the opinion.
The State Supreme Court may soon
hear a challenge to the appeal body's
ruling. It handed down a decision In
1968 that may have some bearing on
the current challenge.
Six years ago, the justices ruled
that the confession of an accomplice
is not in itself enough evidence to
prove that a crime has been com-
We can only hope that the court
remembers its previous opinion and
acts accordingly.
Weber, David Deinberg, David Whiting, Sue
Wilhelm, Myra Willis, Margaret Yao, Doug
Photography Staff
Chief Photographer
Picture Editor
STUART HOLLANDER ......Staff Photographer
STEVE KAGAN.............Staff Photographer
PAULI14E LUBENS,....... Staff Photographer
Sports Staff
Sports Editor
Executive Sports Editor
ROGER ROSSITER .... Managing Sports Editor
JOHN KAHLER ........ Associate Sports Editor
Business Staff
Business Manager
Sue DeSmet ....................Finance Manager
Amy Kanengiser ............Advertising Manager
Jack Mazzara .... .................Sales Manager
Linda Ross ..................Operations Manager
DEPT. MGRS. Laurie Gross, Ellen Jones, Lisa
Kannengiser, Steve LeMire, Debby Novess,
Cassie St. Clair
ASSOC. MGRS. Rob Cerra, Kathy Keller
ASST. MGRS. Dave Schwartz
STAFF John Ataman, Dan Brinza, Peter Caplan,
Nina Edwards, Debbie Gerridh, Amy Hart-
man, Jayne Higo, Karl Jennings, Carolyn
Kathstein, Jackie Krammer, Sue Lessnio,
Becky Meyers, Dave Piontkowsky, Amy Quirk,
Ann Rizzo, Susan Shultz, Judith Ungar, Au-
drey Weill, Ruth Wolman.
SALES PEOPLE Mike Bingen, Cher Bledsoe, Syl-
via Calhoun, Rich Flaherty, Beth Friedman,
Linda Jefferson, Ellen Melchinger, Amy
Piper, Steve Wright, Dalva Yarrington

MARVIN ESCH was first elected to
Congress in 1966. He is now seeking
his fifth term as representative of Mich-
igan's Second District - on a record of
carefully balancing the liberalism of his
Ann Arbor constituents and the conser-
vatism of the Livonia area he also rep-
Esch has an uncanny ability to pre-
sent himself in this diverse district as
having something to offer to everyone,
as evidenced by the ratings he. has re-
ceived from various groups that report
on congressional voting records. The Na-
tional Security Index of the American
Security Council, a group concerned with
maintenance of American military su-
periority, rates Esch at 77 per cent. At
the same time, New Republic magazine,
gives Esch a 67 per cent score, largely
for his position against the Vietnam War.
He also receives scores of 54 per cent
and 46 per cent, respectively, from the
liberal Americans for Democratic Action
and the conservative American Conser-
vative Union.
To the liberal academic community of
Ann Arbor, Esch speaks proudly of his
opposition to the war in Vietnam. "I
have opposed the war since I first came
to Congress," he claims. "The con-
tinued opposition of members like my-
self has been a major factor in the wind-
ing down of the war." Indeed, with the
exception of two absences for key anti-
war votes, Esch has voted consistently
for peace. Since the signing of the peace
agreement in January 1973, he has been
among a handful of Republicans in Con-
gress which has led the forces in favor
of cutting military aid to South Viet-
nam. Esch has been praised for these
efforts by the local chapter of the Indo-
china Peace Camnaign.
TO THE BLUE collar conservative
city of Livonia, Esch can boast of his
intense opposition to busing and of the

leadership role he has taken to end it.
Esch sponsored an amendment, which
would have banned court ordered busing
beyond the next nearest school, and
would have allowed such limited busing
to occur only after all other means of
achieving racial balance had been ex-
The Esch record is a study in para-
dox. While he has voted for a five per
cent reduction in defense spending and
has supported troop cuts overseas, he
has also supported the continued fund-
ing of the B-1 bomber and the Navy's F-
14 fighter. While he has supported child
care and legal services for the poor, he
has also opposed unemployment com-
pensation and the minimum wage for mi-
grant farm workers. Despite his general-
ly solid environmental record, he was
absent for the crucial vote on the Am-
chitca nuclear blast. While he supports
the Equal Rights Amendment, he voted.
to allow sex discrimination in under-
graduate school admissions. While he
speaks with pride of "my work in public
employment," he voted against the Pub-
lic Service Jobs Bill which would have
provided such employment, insisting
that a job training provision must be in-
cluded in any such legislation.
IN THE AFTERMATH of Watergate,
Esch believes Congress must take initia-
tive to regain its role as a co-equal
branch of government. He has supported
the limiting of presidential war-making
powers, a tightening of the executive
privilege doctrine, and congressional re-
view of wiretapping. He has also sup-
ported the public financing of presiden-
tial and congressional elections. How-
ever, while the Watergate scandal was
raging, Esch had very little to say.
Last March, he wrote to President Nix-
on vowing an impeachment vote if Nix-
on did not comply with subpoenas from
the House Judiciary Committee. Appar-

ently, Esch felt no other Nixon action
warranted impeachment. It wasn't un-
til August, just a few days before the
resignation, that Esch finally committed
himself to an impeachment vote.
The hottest issue in the country today
is inflation, and Esch believes that cut-
ting the .federal budget is the best way
to fight it. That is why he made the
"painful" decision to cut funding for the
Mass Transit Assistance Act in half, he
claims. Esch believes that a rollback in
domestic oil prices would be a "regres-
sive, counterproductive" approach to
dealing with inflation, and voted several
times against such a rollback. Instead,
he favors the end of the oil depletion
allowance and an excess profits tax, the
money from which would go to increas-
ed exploration of new oil.
Esch has cautiously straddled. He is
against a constitutional amendment ban-
ning abortion. But he is also opposed to
making abortion available as part of a
national health insurance measure. He
feels the emotional impact of the issue
has been detrimental to the movement
toward more effective family vlanning.
His solution has been to call for con-
gressional hearings on the issue.
The Ralph Nader report on Congress
describes Esch as "quite literally his
own man." He has clearly been no
pawn of the Nixon and Ford administra-
tions. His Vietnam stance placed him
sharply at odds with Nixon. He has
blasted Ford's pardon of Nixon and has
opposed Ford's five per cent surcharge
proposal. There is no doubt that he
would continue to vote independently,
judging each issue on an individual




stands the variegated nature of his dis-
trict. Apparently, he has attempted to
win at least the lukewarm admiration
of all his constituents, if not the passion-
ate loyalty of any. By campaigning as a
vigorously independent legislator, he can
gloss over any aspect of his record that
is abhorrent to any particular segment
of his constituency. This technique has
given him four straight terms in Con-
gress, and a poll issued by his major
opponent shows that he is favored to
win a fifth.
Dan Ruben is a writer for The Daily's
Editorial Page.

Esch record are
Esch is a shrewd

inconsistencies of the
perplexing. Marvin
politician who under-






To The Daily:
THE CLAIMS of Kathy Fojtik
are less than her real accomp-
lishments. She exaggerates
what is at best a lackluster per-
formanceas county commission-
er from the 14th District over
the past two years. She takes
credit, for example, for the
medical facility infthe county
jail, which was in fact initiated
at the request of the Sheriff's
Department. She also takes cre-
dit for the Ann Arbor-Ypsilanti
bus system. But the real credit
belong to county officials who
guided the system through com-
mittees and to private citizens
who lobbied relentlessly 1 o n g
before Kathy Fojtik ever cast
her vote for the proposal. If
these exaggerated claims are
the best this candidate can mus-
ter, then she does not deserve
We need a County Commis-
sioner who does more than cast
the right votes. We need one
who will also work side by side
with and for the people she re-
presents in the long process of
building grass-roots pressure to
redirect the archaic priorities
of a stubborn county govern-
ment. Diance Hall, if elected,
will continue and extend t h e
work she has done in the past
with community groups. S h e
will help to build effective pub-
lic pressure for low-cost health
clinics, for child care services,
and for protection from rape.
Vote for Diane Hall in the 14th
-Alexander Wilkinson.
October 30
To The Daily:
AS ONE who has worker with
County Commissioners Murray
and Fojtik on the county's Mass
Transit Subcommittee, which
was responsible for the imple-
mentation this year of the Ann
Arbor-Ypsilanti area bus sys-
tem, I would like to let others
know how hard Meri Lou and
Kathy worked to get those bus-
es on the road. For the first
time in the history of t h is
county, there is regularly sched-
uled, local bus service between
Ann Arbor and Ypsilanti, and
parts of the townships of Pitts-
field, Ypsilanti, Ann Arbor, and
Superior. This service has en-
abled the transit dependent peo-
ple in our communities to get
to work, to school, to medical
and social services.
In many years of government-
al involvement, I have never
seen a project move so fast and
so well. Due mainly to the dedi-
cation and hard work of people
like Commissioners Murray and
Fojtik, the buses were on the
road within one year of con-
ceptualization of the service.
That certainly must set some
kind of a record!
THE INTEREST of these two
women in the area of nublic
transportation, and their invol-

constitution, a matter which
should be left to discussion and
review by the state legislature
as needs may dictate.
Both support Proposal D to
help fund state-wide public
transportation projects because
of the documented need here
in Michigan to improve and ex-
pand our public transportation
facilities and to provide the ne-
cessary monies available now
and in the future.
Proposals A and D are closely
related. The first should be op-
posed and the second supprted
- as the full County Board of
Commissioners has voted to do.
I urge the voters to follow thnr
-Marilyn Thayer
October 20
To The Daily:
AS A WELFARE mother and
one who has known Kathy Foj-
tik personally for over f o u r
years, I was upset to read her
third party opponent's letter in
the Ann Arbor News which
claimed that Kathy only works
for "middle class" women.
Isn't it interesting that Kathy
has the endorsement of the
UAW, AFL-CIO and Women's
Political Caucus? Isn't it in-
teresting that Kathy held the
health hearings that were the
catalyst which allowed 3,50
children to receive health care
for the first time under the
Medicaid Screening Program?
One third of these children have
been followed up and have re-
ceived medical care. Isn't it in-
teresting that Kathy was a mem-
ber of the Social Service Com-
mittee which demanded that a
new Direct Relief Policy be
written that would be available
to clients - so that a clie:it's
rights would be known? Isn't it
interesting that Kathy is cur-
rently fighting to name a fe-
male client to the DSS Board?
KATHY HAS helped me per-
sonally, and that is the kind of
commissioner she is. She be-
lieves in serving her constitu-
ents and likes to hear from them
if they have any questions or
complaints. Kathy works for all,
not just all women.
-Valerie Harbuch
October 28
To The Daily:
Farm Workers of America and
the Ann Arbor Boycott Commit-
tee, the UFWA's representa-
tive in this area, greatly appre-
ciate the support that you have
given to the farmworkers' cause
in the past two years since you
were elected to County Com-
mission, including the numer-
ous times that you have helped
with our leafleting and picketing
activities. It is people who are
willing to go out of their way
and make personal sacrifices,
such as yourself, who are help-
ing to bring the farmworkers'
goal of fair contracts w i t h
their own, democratically chos-

formation to comment on any
of the other three letters, and we
do not intend to make any en-
dorsements of any candidates or
parties in local, Ann Arbor area
elections. We are, however,
thoroughly appalled by the gross
inaccuracies in the Mann-Brun-
ton-Ames letter. We are quite
aware that you have been on
our picket lines many times in
the last year and a half, includ-
ing the time you risked arrest
last year, joining with us in de-
fying the unconstitutional in-
junction at A&P's Huron store.
Most of the times you h a v e
come to the picketlines h a v e
been without "a gaggle of other
politicians," and obviously out
of commitment to what the farm
workers are striving for, rather
than, as the HRP members' let-
ter suggests, for political gain.
WHILE WE would prefer that
the farmworkers' boycotts not
become a partisan matter at all,
we can recognize that candi-
dates may want the public to
know of their record of activism.
This letter is not intended to
imply any kind of endorsement
for any candidate in this race,
but rather as an expression of
our concern that the Boycott
Committee and the farmwork-
ers' issue should be used so op-
portunistically misused for par-
tisan politics gain. Sam Baca,
UFWA Michigan Boycott Direc-
tor, agrees completely with us
in this matter.
-Dave Super
Ann Arbor Boycott
October 22
To The Daily:
RECENTLY while addressing
a University political science
class, HRP candidate Zolton
Ferency said that he could make
no statement or cast no vote
contrary to his party policy
council's dictates. Similarly,
Diane Hall (HRP county com-
missioner candidate in my dis-
trict) responded to a question
asked on the Diag by saying she
had not been instructed by her
party on how to answer this
particular issue. I am told this
is the status of all HRP candi-
dates; that their own positions
and ideas are disregarded, that
they are controlled by a small
council of elitist policy makers
who are funded by a group of
monied people from New York.
If this is true, I wonder why
the HRP bothers to run candi-
dates at all? Having called
HRP to obtain some biographi-
cal data about Hall, I'm upset
about being unable to obtain
any. HRP says the party, not
the candidate, is the important
factor. The HRP likes to attack
the party control of "he Re-
publican and Democrat candi-
dates. But from all I've seen
and heard a vote, for any HRP
candidate may as well be, a
vote for Pinocchio.

was very embarrassed at i t s
publication. He in no way was
associated with my candidacy.
I deeply apologize for a n y
personal embarrassment t h i s
may have occasioned Mr. Mark
-Gilbert E. Busley
State Senator
November 1
To The Daily:
A NEWS story in last Satur-
day's edition (October 26) iidi-
cates that former Ann Arbor
Democratic mayoral candidrte
Franz Mogdis is backing Repub-
lican candidate Rae Weaver for
the state legislature. You quote
him as saying, "We need a
woman in the legislature from
this district." Fortunately,
Democrats in Ann Arbor living
west of Seventh Avenue and in
several precincts in the noah-
eastern party of the city, as
well as those living in the town-
ships surrounding Ann Arbor,
can send a woman to the state
legislature from this area wih-
out having to support a Repub-
lican. She is Merian Frederick,
the highly qualified Democaic
party candidate from the 52nd
District. I can enthusiastically
support her because I have been
completely "sold" on her for
the past 30 years!
-Professor Julian R.
Spouse of the candidate
Former Ann Arbor City
October 30
To The Daily:
I WOULD like to urge all vot-
ers who believe in democracy,
i.e. majority rule, to vote YES
on Proposal G on the November
ballot. Proposal G, preferential
voting for mayor, would guar-
antee that a majority (more
than 50 per cent) would be
needed to elect the major. Un-
der the present system, the
mayor can easily be elected by
a minority (as few as 34 per
cent). In communities such as
Ann Arbor, where there exists
three rather than merely two
parties, the only truly democra-
tic means of electing the mayor
is a form of preferential voting.
There is not much we can pre-
sently do about our "appointed"
President nor the gaping loop-
holes in the tax laws; however,
by adopting preferential voting
we can close a loophole in the
electoral process, and maKe
sure that the next mayor of
Ann Arbor is elected by a ma-
jority and responsive to the ma-
-Liz Alberti
October 26
To The Daily:
AN OPEN letter to Mirv

companies, but would do noth-
ing to deliver better health care
services. As "our (whose?) Cn-
gressman" (-person?) you co-
sponsored that bill!
During this campaign you
have been saying you might
prefer the Kennedy-Mills com-
promise bill. But as recently as
October 23, 1974 the AMA na-
tional legislative office in Wash-
ington still considered you a
co-sponsor of their bill. If you
have changed your mind, you
should tell the AMA. You can't
play both sides against the mid-
de, Mary.
Just where do you stand,
Marv? In your 1972 campaign,
you took $7,000 from the Mich-
igan Doctors Poitical Action
Committee (MDPAC), the Mich-
igan arm of the American Med-
ical Political Action Committee
(AMPAC). But this year you're
crying better. As of October 14,
1974, AMPAC and MDPAS have
alreadv given your 34 commit-
tees $12,500 (Washineton Post,
October 27, 1974). That ranks
voin as twelfth highest among
h- 435 Hose members in con-
trih,,tions from the various
AMA committees.
So we have a nretty good idea
wh~rp you sand Marv - solidly
with the wealthy special inter-
- ohbrt P. Ambrose
October 29
To The flaiiv:
and Staeflation" displayed a
lack of rationality amazing even
in The Daily.
One of the most incredible
examples of ignorance ever
nrinted with the statement that
"increasing monopolization is
the direct result of competition."
Anyone who thinks at all will
realize that competition is the
antithesis of monopoly, that
monopoly can exist only in the
absence of free competition.
Monoolies are the direct re-
sult of interference with com-
petition. Anyone desiring ex-
amples of this need look only
as far as the nearest utility
Not content with displaying
their ignorance, the authors
felt it necessary to avoid any
semblance of coherence in their
arguments. Thus they claim
that "the current crisis has its
roots in the very nature of
canitalist production," and that
"the government . . . resorted
to the printing press to cover
its military expenses," causing
the balance of payments deficit
which was largely responsible
for the current inflation. In
other words, caitalism caused
inflation, and failure to observe
the fundamental tenets of capi-
talism was the real problem.
(You see the logic of their
argument, don't you?)

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