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Eighty-Three Years of Editorial Freedom
'Vol. LXXXIV, No. 68
Ann Arbor, Michigan-Wednesday, November 28, 1973
Ten Cents
Eight Pages
HOUSE VOTE NEXT WEEK
S USEE N SE s uPPCALL'M Y
Kerr at commencement
Dr. Clark Kerr, chairman of the Carnegie Commis-
sion on Higher Education, will be the main speaker at
the University's December 16 winter commencement
exercises. Kerr, who took the Carnegie post in 1967, has
a penchant for standing in the eye of campus hurri-
canes: in 1959, he told a businessmen's convention that
the student of the 1960's would be "a quiet generation
. . they won't throw any bombs." But five years later
he had to eat his words when, as President of the Uni-
versity of California, he stood against the first major
student uprising at Berkeley. Later Kerr was fired by
California Gov. Ronald Reagan, and has since made
more waves with the Carnegie Commission's recom-
mendation that public college tuition be greatly in-
creased.
Masseuses file suit
Four fired masseuses from American Health Spas
(formerly the American Massage Parlor) have filed suit
with the Michigan Employe Relations Commission, charg-
ing that manager Terry Schultz interfered with union
organizing activities. While the four women say they will
continue to occasionally picket the establishment, three
other employes who had joined in anti-management pro-
tests have returned to their jobs as masseuses at the
parlor. Spokeswoman Louann Fish said the women re-
turned to work only because they needed the money and
did so with the consent of the striking ex-employes.
"
Ypsi in trouble
The entire Ypsilanti city government may be declared
illegal. That's what Ypsi City Attorney Ken Bronson told
the stunned city fathers Monday night. Bronson says a
new city charter adopted last year may be invalid be-
cause the version of the charter approved by Ypsi voters
in a referendum was not "complete or accurate. Recent
city elections were held under the new charter which
establishes ward representation and partisan politics.
Hence, officials elected under it may be serving illegally.
An opinion on the charter's legality will be sought from
state Atty. Gen. Frank Kelley.
0
Optimism note
University officials say they're encouraged by , a
Thanksgiving weekend "experiment" in which heat and
electricity to eight Central and North Campus Buildings
were cut back. According to Donald Wendel, University
director of plant operations, "enough electrical energy
was saved to light and run motors in the Administration
Building for a mont." The University's Task Force on
Energy Conservation hopes to identify buildings in which
heat and electricity can be reduced for an extended per-
iod over the winter break.
0
Happenings .. .
. . . include a lecture by Fred Haddock, professor of
astronomy, on "The Possibility of Extraterrestrial Life
in the Universe" at 8:30 p.m. in Anderson Rm. A of the
Michigan Union . . . a Rackham Student Government
Executive Board meeting at 9:15 p.m. in 3526 Rackham
. . The Gilbert and Sullivan Society presents "The
Grand Duke" in Mendelssohn Theater at 8:00 p.m. .. .
movie goers have a choice of Citizen Kane in the Nat.
Sci. Aud. at 7:00 and 9:30 p.m.; Pride and Prejudice in
the Arch. Aud., at 7:00 and 9:05 p.m.; Cabaret at 7:00,
8:45, and 10:00 p.m. in MLB Aud. 3; and A Man and a
Wolan at Angell Hall Aud. A at 7:00 and 9:00 p.m.
Flighty hijackers
A Dutch jumbo jet commandeered by three Palestin-
ian terrorists Sunday continued to hop around the Medi-
terranean yesterday. The terrorists say they won't re-
lease the 14 passengers left on the Boeing 747 until seven
Arab prisoners are released on the island of Cyprus.
More than half a dozen Arab countries have already
refused to let the jet land at their airports. In the mean-
time the hijacked jet has been using an airfield in the
tiny Persian Gulf sheikdom of Dubai as home base.
"
Quake shakes Azores
An earthquake has left more than 4,000 persons home-
less in the mid-Atlantic Azores Islands, officials re-
ported. Only one death - a fisherman killed by a fall-
ing rock - was attributed to the tremors, which shook
the Azores for five hours Monday. A witness to the
quake said it was "a miracle" that more people had
not been killed. Help was being sent in by the Portu-
guese government, the Red Cross and the U. S. air base
at Lajes on Terceira Island.
Surgery for Liz
Actress Elizabeth Taylor was admitted to UCLA
Medical Center yesterday and was scheduled to under-
go surgery today. An aide to the 41-year-old screen star
said that Taylor has been suffering severe stomach
cramps, and that the scheduled surgery is believed to be
for an internal hernia or related to adhesions from pre-
vious operations. "Doctors don't think it's a tumor, and
they don't suspect cancer," the spokesperson said. "She
is very anxious to get it over with and find out what's
wrong."
On the inside . .
. . . HRP member Betsy Bunn discusses the problem
of rape on the Editorial Page . . . sportswriter John
Kahler looks forward at the coming Michigan basket-
ball season . . . and Kurt Hirju writes about folksinger
extraordinaire David Bromberg on the Arts Page.
Senate
OKs
Ford
by
big
margin
WASHINGTON (P-The Sen-
ate overwhelmingly approved
Rep. Gerald Ford yesterday as
the nation's 40th vice presi-
dent. House approval, expect-
ed next week, would complete
congressional confirmation as
required by the 25th Amend-
ment, ratified in 1967.
The vote was 92-3 in favor of
the Michigan Republican.fAll of
the opponents were Democrats.
During brief debate, Sen. Howard
Cannon (D-Nev.) said he was un-
r enthusiastic about Ford's conser-
vative views but that nothing was
turned up by his Rules Committee
to require rejection.
Sen. Harrison Williams Jr. (D-
N.J.), another Rules Committee
member, said he was "truly im-
pressed" by testimony in behalf
of Ford by his colleagues in the
House.
As vice president, he said, Ford
"will be in a fresh position to grow
and change or modify some of the
views he has advocated in the
-{s But Sen. Gavlord Nelson (D-
Wis.) opposed the nomination, say-
: >:ing "I don't believe he can provide
the type of inspirational leadership
we need if he should become presi-
dent."
He cited Ford's votes against civil
rights measures and for Vietnam
war policy.
Sen. Philip A. Hart (D-Mich.)
said, however, that Ford would
make "a steady, decent and be-
lieveable President," a d d i n g
"There is nothing the country needs
more."
AP Photo
VICE PRESIDENT-DESIGNATE Gerald Ford has the look of a
winner as he prepares to speak at a benefit dinner in Hauppauge,
N.Y., Monday night. Yesterday Ford's VP nomination won over-
whelming approval in the Senate, and final confirmation by the
House is expected next week.
CSJ uaimul
rules to disminss.
case against1Gill
By STEPHEN SELBST
After a three-hour hearing, the Central Student,
upheld the Student Government Council presidency of
unanimously against a suit seeking Gill's removal.
Judiciary
Lee Gill,
(CSJ)
ruling
A rift in the union
Embittered UAW members picket outside the Veterans Memorial Building in Detroit yesterday while the
autoworkers' union leadership met inside. The workers are opposing the three-year contract agreement
with General Motors and urging that it be turned down by UAW's GM Council.
DENIAL OF RIGHTS CH ARGED:
Students sue
'
over
residency requirements
Besides Nelson, others voting
against Ford were Sens. Thomas
Eagleton (D-Mo.) and William
Hathaway (D-Maine).
The Senate vote came less than
seven weeks after Spiro T. Agnew
resigned the nation's second high-
est office and pleaded no contest
to a single count of income tax
evasion.
In another action yesterday, the
Senate, apparently reacting to
campaign abuses brought to light
in the Watergate investigation,
voted to provide financing for con-
gressional and presidential elec-
tions.
The new legislation, if enacted,
would provide government funds
for candidates for all federal elec-
tive office. It would presumably
put a halt to contributions by large
corporations and other illegal prac-
tices.
The measure, however, is given
little chance of passage in the
House.
The court rejected the contention of the plaintiffs, primarily mem-
bers of the Campus Coalition party, that Gill violated a section of the
SGC consitution stating that all SGC officers must be students at the
University.
THE PLAINTIFFS argued that Gill was not enrolled during either
the spring-summer or fall terms, and thus violated the clause stating
that officers must be students "during the current or previous full
term."
But CSJ sidestepped the issue of whether spring-summer con-
stitutes a full term and maintained that Gill had indeed been enrolled
for both half-terms. One of the CSJ judges, Charles Krugman, summed
up the court's opinion: "I think the fact that a leader is not a student
is unfortunate, but he (Gill) has satisfied the requirements (in the
constitution)."
Chief justice Jay Brody said he was sorry the court avoided the
constitutional issue of defining "full terms" of enrollment, comment-
ing, "I would have liked to set a precedent, but the court decided that
any change should come through legislative amendment."
DAVID SCHAPER, the controversial ex-SGC treasurer who repre-
sented the plaintiffs against Gill, refused to comment on the CSJ
verdict. Schaper only snapped that his interest in the case was "no-
See CSJ, Page 8
By CINDY HILL
Two students have filed a class
action suit in federal court against
President Robben Fleming and
several other University officials,
charging that the University's in-
state residency requirements are
ambiguous and unconstitutional.
The students - Terry Winter and
Leslie Shalen, claim the present
requirements for in-state tuition vi-
olated property rights - in this
case, the right to pay in-state tui-
tion - and due process under law,
a right guaranteed by the Four-
teenth Amendment.
THE SUIT seeks a reevaluation
of all out-state students who ap-
plied for in-state residency, and
demands compensation for those
reevaluated as in-state students
retroactive to September. The suit,
in addition, calls for punitive fines
as well as compensatory redress
from the University.
Specifically, Winter and Shalen
object to the University's proce-
dure in accepting or rejecting ap.-
plications for residency status. Pre-
sently, students whose applications
are rejected receive no explana-
tion for their failure to qualify.
Hence, the suit charges, it is vir-
tually impossible for students to ap-
peal residency decisions.
The suit names as defendants
Vice President for Academic Af-
fairs Allan Smith, his assistant Er-
nest Zimmerman, and Assistant.
Registrar Larry Katz, as well as
Fleming.
FLEMING a n d Zimmerman
could not be reached for comment
on the student's suit. Smith and
Katz said they haven't been no-
tified and refused to comment.
University Attorney Roderick
Daane said he had not yet seen
the suit and felt it would be "fool-
hardy" to give an early response.
But Daane added that the residen-
cy rules - which he drafted - are
equitable, fair and "constitution-
ally defensible."
David Goldstein, attorney for the
two students, was optimistic about
his chances yesterday, claiming, "I
wouldn't have taken this case if I
didn't feel it would go through.
I think we've got a winner."
"How the hell can a student ap-
peal a residency rejection if he
doesn't know why he's been re-
jected?" Goldstein added. "We
think (the students) have a right
to know,"
Goldstein said he filed suit in a
federal court to get as "fair and
impartial a hearing as possible,"
and because the case involved a
constitutional question.
Goldstein admitted that the first
University action will be to ask
dismissal on the grounds that a
federal court does not have juris-
diction.
They claim that no matter
where the suits been filed. I've
been in this before, I know the
games the University plays."
- The University has 20 days to
respond to the suit.
Rose
Bowl flap goes on
in state, national capitals
Council Republicans
seek to void contract
with Tribal Funding
By GORDON ATCHESON
The Republican City Council members will apparently attempt to
void a federal revenue sharing contract with Tribal Funding, Inc. for
alleged noncompliance with the agreement, amid charges the decision
is politically motivated.
The Daily has learned that a motion to cancel the $17,000 contract
will appear on next Monday's council agenda and should receive full
The cry of outraged Wolverine
fans resounded yesterday from
the halls of the State Legislature
,in Lansing to the Federal Building
in Detroit to Capitol Hill in Wash-
ington.
Lawmakers in both the state
house and state senate lambasted
the decision of the Big Ten ath-
letic directors to send Ohio State,
not Michigan, to the Rose Bowl.
Some even went so far as to threat-
en to torpedo plans for a law
school at Michigan State University
because MSU's athletic director re-
portedly voted against Michigan.
YPSILANTI ATTORNEY Ronald
Egnor joined the battle by announc-
ing plans to file suit against the
Big Ten seeking to have the deci-
sion overturned.
In Washington, Ann Arbor's
Congressman Marvin Esch took to
the floor of the House to denounce
the decision as a "major injus-
tice."
The Big Ten Conference's ath-
letic directors voted by telephone
Sunday to send Ohio State to the
Rose Bowl in Pasadena as the con-
ference's "most representative"
team. The vote, which was offic-
ially secret, reportedly went 6-4.
Michigan and Ohio State wound
up the season last Saturday play-
ing to a 10-10 tie. Loyal Wolver-
ines contend that Michigan should
have been sent because the teams
tied and Ohio went last year.
Michigan State.
Senate Republican floor leader
John Toepp of Cadillac and State
Representative Hal Ziegler (R-
Jackson) co-authored an open let-
ter to Big Ten Commissioner
Wayne Duke stating that "the Wol-
verines of Michigan should repre-
sent the Big Ten at the Rose Bowl
Jan. 1," and asking why the ath-
letic directors' vote was kept sec-
ret.
In East Lansing, MSU officials
would only say that Smith voted
"for the team with the best chance
to win." Smith has acknowledged
that he did not see the Michigan-
Ohio State game nor did he read
much about it before he voted, bas-
ing his decision on his feeling that
Ohio State was the toughest team
Michigan State played.
THE STATE attorney general's
office said Smith cannot legally be
forced to divulge which team he
voted for.
In Ypsilanti Egnor said his suit
against the Big Ten will center on
a complaint that the athletic direc-
tors, as public officials, have an
obligation to make their decisions
in public.
Egnor's suit, filed in Federal Dis-
trict Court, will seek to have Sun-
day's decision overturnedhand an-
other vote taken.
See PROTEST, Page 8
support from the GOP majority, sparking
TRIBAL FUNDING, a group
closely associated with the Rain-
bow People's Party (RPP), was
appropriated the funds last March
to establish a new commnunity ball-
room, open a food cooperative, and
stage an indoor concert series.
The Republicans, then a minor-
itv on council, strongly opposed the
allocation along with about 25 other
grants to various local social serv-
ice agencies.
The Republicans claim the or-
ganition failed to fulfill the con-
tract because only one of 24 con-
certs h-s been held to date. Tribal
Funlding has until next spring to
meet the reqlliremnent, bit is "not
achieving that goal," accnording to
a legal battle over the action.
TALK GIVEN AT 'U'
Dope dealers foot
175
I '77
b~oys surgery mut
DAVIE, Fla. UP - A $2,000 donation from the "Broward
County Marijuana Dealer's Association" will make it pos-
sible for a six year-old Florida boy to have a needed heart
operation.
"This puts us over the top for the hospital bill," Jean-
nette Allie, chairman of the "Jody Dietrich Heart Surgery
Fund," said yesterday.
A SLIM woman in her early 20s walked into the Ster-
I; - T ,ti - -lr A nn or -,.h- a"ranL .far w t
NY Times reporter
calls Agnew tragfic'
By EILEEN LOEHER
A New York Times reporter who
was involved in the newspaper's
investigation of former vice presi-
dent Spiro Agnew called Agnew a
"tragic figure" last night, and said
that much of the information un-
earthed about Agnew remained
"puzzling."
"Agnew became more and more
of a tragic figure," said Salpukas.
"No one has gone back to figure
out why he became a petty crook."
Salpukas hinted that part of the
reason for Agnew's wrong-doings-
his apparent acceptance of bribes
from Maryland contractors, among
others - was his rapid rise from