s4e £iAfrihn aDn
Eighty-two years of editorial freedom
Edited and managed by students at the University of Michigan
Law students should picket
Rehnquist
4
420 Maynard St., Ann Arbor, Mich.
News Phone: 764-0552
FRIDAY, MARCH 2, 1973
University law suit defended
TH EFINAL STEP has been taken to
force the University to disclose the
salary lists for faculty, staff, and admin-
istrators. Nearly a year ago The Daily
requested the Regents to release the list.
They refused and have continued to do
so. As a result several local organiza-
tions, including The Daily and Student
Government Council filed suit Wednes-
day in the State Court of Appeals to
force the University to release the list.
Filing suit against the University is a
drastic undertaking, but we feel that it
is necessary. The Daily must have access
to the salary lists to make proper and
independent analysis of the progress
that the University is making towards
eliminating the racial and sexual dis-
crimination that prevail in its employ-
ment practices.
We feel an obligation to provide the
University community with accurate cov-
erage on this issue, and this is impossi-
ble without such information available
for, an analysis.
FURTHERMORE, we feel that the citi-
zens of this state as well as the Uni-
versity community have a right to know
Today's .staff;
News: Laura Berman, Michael Duweck,
Bob Murray, Charles Stein, Sue Step-
henson
Editorial Page: Denise Gray, Kathy Ricke,
Eric Schoch
Arts Page: Barbara Bialick, Richard Glat-
zer
Photo Technician: Rolfe Tessem
how state and student tuition funds are
being used. Not only do they have the
right to know the status of the Univer-
sity's sexual and racial affirmative ac-
tion programs, but they have a right to
know other University priorities.
For example, releasing faculty salaries
would provide some insight into the Uni-
versity's attitudes toward teaching in re-
lation to research. These are priorities
which the students should be especially
concerned. Does the University reward
professors with high salaries for teach-
ing or largely for research? The salary
lists would provide an answer.
University officials and the Regents
have both based the withholding of the
salary lists on the right of privacy. How-
ever, because the University is a state
supported institution, no such right to
privacy exists.
Unfortunately, th whole mess of filing
suit and arguing a case in court could
have been avoided if the University had
voluntarily supplied the public with the
salary lists. Hopefully they will still do so.
They would not be the first. Michigan
State University voluntarily made the
salary schedules for its staff, faculty and
administration public last year. Court
suits also forced Delta College and Sagi-
naw Valley College to release their lists
earlier this year.
Based on the past reaction to this is-
sue, it is doubtful that the University
will volunteer disclosure of the salary
lists. But we feel along with the other
filing suit that the University has an
obligation to do so. And if ncessary we
will force its release with court action.
By MARTHA BERGMARK
WILLIAM H. REHNQUIST, Associate Jus-
tice of the U.S. Supreme Court, will
grace the law school with his presence next
Tuesday, March 6, when he presides as
chief judge of the Campbell Competition
finals.
There was a day when such a person as
Rehnquist could not have appeared on the
University of Michigan campus without a
lively greeting of protest from the many
who disapprove of this political philosophy
and actions. Times have changed, thanks
in part to the actions of Rehnquist and
other members of the Nixon administration,
but Rehnquist will nevertheless receive an
unwelcome when he arrives at Room 100,
Hutchins Hall, next Tuesday afternoon.
LAW STUDENTS and others whose civil
and economic rights are jeopardized by
Rehnquist's presence on the S u p r e m e
Court will picket and leaflet at the entranc-
es to Hutchins Hall starting at 2:15 p.m.
on Tuesday. All are invited to join in the
unwelcoming activities planned for Tues-
day, and to attend a meeting at 7:30 p.m.
Monday, 116 Hutching Hall, to make picket
signs.
IN 1964, Rehnquist publicly opposed a
pending ordinance providing for equal ac-
cess to public accommodations, a concept
which was soon to be embodied in federal
law in the Civil Rights Act of 1964. He
stated to the Phoenix City Council,
The ordinance summarily does away with
the historic rights of the owner of the
drugstore, lunchcounter or theater to choose
his own customers. By a wave of the legis-
lative hand, hiterto private businesses are
made public facilities, which are open to
all persons regardless of the owner's wish-
es . . . It is, I believe, impossible to justify
the sacrifice of even a portion of our his-
toric individual freedom for a purpose such
as this.
In 1967, Rehnquist opposed a voluntary
school integration plan proposed by the
superintendent of the Phoenix schools. The
plan proposed only voluntary desegregation
with students paying their own transporta-
tion costs and educational exchanges be-
tween schools, but even this was too much
for Rehnquist. In a letter to the Arizona
Republic, he wrote,
We are no more dedicated to an "integrat-
ed" society than we are to a "segregated"
society; we are instead dedicated to a
free society, in which each man is accord-
ed a maximum amount of freedom of choice
in his individual activities. Those who aban-
don it (the neighborhood school concept)
concern themselves not with the g r e a t
majority for whom it has worked well, but
with a small minority for whom they claim
it has not worked well. They .assert a claim
for special privileges for this minority, the
members of which in many cases may not
even want the privileges the social theorists
urge to be extended to them.
In 1969, Nixon appointed Rehnquist As-
sistant Attorney General in charge of the
Office of Legal Counsel, which gives legal
advice to all departments of the federal
government.
NIXON NOMINATED Rehnquist for the
Supreme Court in October 19'1. At his
Senate confirmation hearing, Rehnquist as-
serted an attorney-client privilege with the
government, based on the shaky legalism
that he was the lawyer for the Attorney
General and the President in his role as
head of the Ofice of Legal Counsel. This
privilege normally encompasses only con-
fidential material, not personal views of the
attorney on issues, but Rehnquist asserted
it throughout the hearing. On December 10,
1971, the Senate voted 68 to 26 to confirm
the nomination.
Since his appointment to the Court, Rehn-
quist has done justice to his prior record,
if to no other cause. The positions taken
by Rehnquist in the following cases are
representative of the consistent way in
which he has voted to limit the scope of
civil and economic rights in all areas:
-In Moose Lodge v. Irvis, 407 U.S. 163,
Rehnquist wrote the opinion for the Court,
which held that state's action in regulating
and licensing private club's sale of liquor
was an insufficient state connection to
warrant award of injunction prohibiting rac-
ial discrimination in the admission of
guests to the club.
-In Milton v. Wainwright, 407 U.S. 371,
Rehnquist joined the other Nixon justices
and White in holding that the admission
at trial of a confession, made by an in-
carcerated defendant to police officer pos-
ing as cellmate at time when defendant had
been indicted and had retained counsel,
was harmless error.
-And, of course, Rehnquist dissented
from the Courts recent holding that a state
may not prohibit a woman from obtaining
an abortion.
Martha Bergimark is chairperson of the
Executive Committee of the Ann Arbor
Lawyers Guild.
31
niot insane
One day-one vote
rule for SGC?
I
U nfair trials abroad
By JANE ANDERSON
NEARLY 900 AMERICANS ar-
rested on drug charges over-
seas are finishing their trips in
foreign jails, according to Septem-
ber, '72 statistics from the U.S.
Denartment of State.
Travelers contemplating doing
dope should know that strict anti-
drug laws and hostile official atti-
tudes aren't the only pitfalls in get-
ting high abroad. The legal philoso-
phy and tradition of most foreign
nations lack the procedural rights
American citizens take for grant-
ed and often assume to be univer-
sal.
The make believe arrest of John
Smith in the hypothetical country
of Spannocco illustrates just how
risky and unpredictable getting
busted abroad can be for an Amer-
ican.
Following an unofficial policy of
stopping young tourists at random,
the Spannocco Border P o1ic e
searched John for drugs but al-
lowed his three companions to en-
ter the country. Even though his
backpack, levis and shaggy h a i r
were similar to his friends, his ap-
pearance was the only possible jus-
tification for the police action.
OFFICIALS seized his posses-
sions, locked him up and twelve
hours later, carted him off to a
remote Spannoccoan village. A few
days later an assistant American
Consul to Spannocco who had
learned of John's arrest by word
of mourth paid him a call. He ad-
vised John that the Spannoccoan
government was holding him on a
drug charge.
The young vagabond was given
little reassurance from the official
American presence in Spannocco.
The consul could do nothing ex-
cept notify John's parents in the
States and arrange for a lawyer
and interpreter to be financed by
John's nearly depleted travel
funds.
Since bail was not a provision in
Spannoccoan criminal law, John
waited in jail until his lawyer
and interpreter visited him. Their
conference took plape under the
surveillance of a prison guard, a
legal procedure in Spannocco.
The lawyer informed John that
he was required to appear before
a judge in a pre-trial examination'
without counsel. During this pre-
trial examination anything J o h n
said or refused to say could be
considered evidence of probable
guilt. Witnesses would be present,
but John was prohibited from hear-
ing their testiinony against him.
JOHN OPTED for silence during
the 'preliminary hearing. The judge
observed that John's refusal to
denyrthe allegations againstahim
would be considered as evidence of
the truth of the charges.
Nobody appeared at the trial to.
testify against John. Instead, writ-
ten statements from the border po-
lice and a chemist werd read.
Even if witnesses had appeared,
Spannocoan law would not h a v e
permitted John's lawyer to cross-
examine them. Afteer the verdict
of guilty was announced, J o h n' s
lawyer finally took an active role
in the trial. He made a brief plea
for mercy and light punishment.
If John had been arrested in
the U.S., he probably wouldn't
have gone to trial. Whether or not
he was guilty, he would have been
set free because many of his rights
as a defendant were violated.
He was arrested and searched
without probable cause. The police
detained him for twelve h o u r s
without informing him of t h e
charge. He had no access to free
counsel nor bail.
He was allowed to incriminate
himself. He was unable to con-
front witnesses or cross-examine
them. He was not accorded a trial
by jury.
In Spannocco, however, the court
was only concerned with John's
guilt. Violations of procedural safe-
guards were irrelevant in Spanno-
cooan law.
AN AMERICAN facing a drug
charge abroad must be aware that
he can't take his legal system with
him when he travels. Even the
cherished common law assumption
that a defendant is innocent until
proven guilty does not exist in the
civil law codes of most foreign
nations.
DRUG LAWS OVERSEAS
(Taken from the ICXchange For-
um, October, 1972, published by the
International Cultural Exchange.)
Denmark - Possession: fine and
detention up to 2 years.
France - Possession, use or
trafficking: prison term of 2
months to 10 years and fine. Cus-
toms Court will also levy heavy
fine.
GERMANY - Possession: pri-
son sentence and fine. Trafficking:
maximum 3 years plus fine.
Greece - Possession: minimum
2 years in jail. Trafficking: max-
imum 10 years plus fine.
Iran - Possession: 6 months to
3 years. Trafficking: 5 years to
death and fine of 3,000 rials per
gram.
Israel - Possession: heavy fine
and expulsion. Trafficking: maxi-
mum 10 years and 5,000 Israeli
pounds fine.
Italy - Possession: minimum 3
years and 30,000 leire fine.. Max-
mum 8 years and 4,000,000 lire fine.
Japan - Possession: pre-trial de-
tention, suspended sentence and
expulsion. Trafficking: maximum
5 years.
Lebanon - Possession: 1 to 3
years in prison. Trafficking: 3 to
15 years.
Mexico - Possession: 2 to 9
years plus fine. Trafficking: 3
to 10 years plus fine. Illegal ex-
.port or import of drugs, 6 to 15
years plus fine. Persons arrested
on drug charges can expect a
minimum of 6 to 12 months pre-
trial confinement.
Netherlands - Possession: fine
or 6 months in prison. Trafficking:
maximum 4 years.
Spain - Penalty depends on the
quantity of drugs involved. Less
than 500 gramscannabis, fine and
expulsion. More than 500 frams,
minimum of 6 years in jail.
Sweden - Possession, or sale:
up to 19 months and permanent ex-
pulsion from the country.
Switzerland - Possession: max-
imum 2 years or fine up to 30,000
francs. Trafficking: maximum 5
years.
Turkey - Possession: 3 to 15
years. Trafficking: 10 years to life.
United Kingdom.- Possession,
use, trafficking: maximum 10
years and heavy fine. Possession of
small amount for personal use us-
ually punished by a fine or light
imprisonment and expulsion.
Jane Anderson is a student at
the University doing research on
travel abroad.
If you've been busted in a for-
eign country and think that your
experiences could help someone
else out, contact Jane Anderson at
the International center, 764-9310.
By BOB BARKIN
Feature Editor
DAY HARDLY passes without
news of another controversy
among student governments. If it
is not one disenchanted member
threatening to sue another, it is
one disenchanted member threat-
ening to sue The Daily.
Being in student government is
not easy. It takes a special breed
of animal. It takes a certain
amount of ego, a certain amount
of asceticism, and a certain lack
of intelligence. Why else would
people waste vast portions of their
lives and commit scholastic sui-
cide only' to dole out money to oth-
er people?
All of us are not made to be a
student official. How many people
would even consider walking
through the Diag in the bitter cold
or driving rain screaming "Elect
me, elect me," at the top of their
voice?
One such self-appointed martyr,
Ro Yurbote, has been kicking
around a new plan to revolution-
ize Student Government Council
and I decided to investigate. .
"RO, I SAID, "I understand your
new plan guarantees self-deter-
mination for all students."
"You've got it," Yurbote said
excitedly. "Each morning before
classes students will vote In a daily
plebicite to determine which stu-
dent government will represent
them that day."
"How will you get students to
vote every day? They refuse to
vote once a year."
"We've got that figured out. The
entire campus will be enclosed
in an electrified barbed-wire fence
with guards at checkpoints: To get
to classes students will have to
vote. We'll only shoot in an emer-
gency, though."
"The University is just a con-
centrator's camp, anyway," I in-
sisted.
"Right," Ro said as he saw I
was catching on to the idea. "It
sounds tough but only coercion will
insure democracy.
"But nobody goes to classes any-
way. That's no solution."
"WE'VE TAKEN care of that.
We'll place resisters and evaders
in alternative service. Like work
in the SGC Meat Co-op. After a
about a week of chopping ham-
burger they'll be marching in with
the rest of us."
"And what if they still refuse?"
"We have the ultimate mental
torture. Holdouts will be forced to
watch SGC meetings until they
give in or go insane."
"That's cruel and inhuman. You
are a madman!"
"This is no joke. When you mete
out punishment like this there is
no room for error. Too many SGC
meetings and its all over. Look at
the present members."
"I can see what you mean. But
what will the administration say?"
"They've been trying to cage
the students for years. And now
Regents will be able to take at-
tendance. This will, send the Uni-
versity back on the road to great-
ness. As a kicker, SGC will be able
to inform parents, for a small fee,
of course, when their kids c u t
classes. What a great fund-raiser!"
"And you'll be able to come up
with even more creative projects.
Maybe hourly elections."
"BUT ONLY voluntary funding
could hurt us. Students who don't
like what we're doing will never
give us any funds."
"Oh, I wouldn't worry about
that," I said' gloomily. "If stu-
dents hand SGC ten grand for two
elections a year, they'll fund this.
You'll have no trouble at all."
Yubote, overjoyed at my fore-
cast, waved good-bye and saunter-
ed over to the hardware store to
>rder the fenceposts and barbed
wire.
z
Y
's
'Gee, fella, you're in such rotten shape I
suggest you quit work.'
Sylvi& ~s Sign s
FRIDAY, MARCH 2, 1973
Your Vacation Horoscope: an overview
of the week ahead.
Pisces. (Feb. 19 - March 20). The stars
favor travel plans for vacation time, but
don't feel sad if you stay at home. Be
careful driving since you probably will be
behind the wheel a lot. A good week to shop
for spring wardrobe.
Aries. (March 21 - April 19). A good week
for you to visit with and spend time with friends and relatives
you haven't seen lately. There will be much catching up to do.
If you travel by air, take precautions to prevent airsickness.
Taurus. (April 20 - May 20). Romance will flourish over spring
break. A lover you haven't seen lately will definitely play a
major role in your vacation plans. There will be a lot of catching
up to do. Have fun!
Gemini. (May 21 - June 20).*Travel aspects will be good, es-
pecially around March 3 - 4, whether one is homebound or head-
ing toward the sun. A few interesting erotic affairs are in sight
for later in the week.
Cancer. (June 21 - July 22). Your vacation should be spent
well. Travel would be best in a foreign land but regardless, avoid
driving for long periods of time. Spend time with tried and true
friends rather than new acquaintances.
Leo. (July 23 - Aug. 22). You week away from school will best
be spent seeking new changes. Buying new fashions, a brand
new hair style or a week of diet can only be of benefit when you
return back to Ann Arbor.
Virgo. (Aug. 23 - Sept. 22). Part of your vacation should be
spent lining up a job for the summer. A good time for you to
get a jump on future competitors. A weekend jaunt could bring
you interesting and enjoyable diversion.
Libra. (Sept. 23 - Oct. 22). Most of your vacation hours will be
spent with new acquaintances regardless where your time is
spent. Make sure your appearance is at its best and avoid mak-
ing any important decisions.
Scorpio. (Oct. 23 - Nov. 21). There are many entertaining spots
you have desired to go. Now is the time. Discoteques, restaurants,
and theaters will bring much enjoyment. Also a good time to
go sightseeing.
Sagittarius. (Nov. 22 - Dec. 21). You definitely will be on the go.
:s
L ettern
To The Daily:
PLEASE, REPORT accurate news.
Re: Indian seizure of Wounded Knee;
released by AP, UPI and Rueters in
reference to the Indian massacre, at
Wounded Knee in 1890. The Indians did
not resist disarmament as stated i the
article; but all lay down their weapons
except one young Indian who was hard
of hearing and could not understand the
proceedings. He was trying to hold on
to his newly acquired gun and 'was
spun around by a soldier and in the
confusion his gun discharged. The cav-
alry opened fire and massacred 200
Indians. My source of information is
Dee Brown's Bury My Heart At Wound-
ed Knee.
I thin/ I would rathei' believe this
historical account than that of typical
Inaccurate reporting of Indians
Bones of March 1, I would like to say, I un-
To The Daily: derstand your personal reaction of
ALL TOO LONG the Indians have grief and outrage at the downing of
been appressed. Make no bones about the Lybian plane. However, I wonder
it and that is why I amwriting. About what sentiments you felt when inno-
the bones. The Indians need them, cent people were massacred at Lod
The University doesn't, they have plen- Airport, when an Israeli diplomat was
ty of bones. Why just the other day I killed by a letter bomb, and when Is-
was in my anthro class lyooking around raeli participants in the Munich Olym-
the room and I saw plenty of bones. pic games were ruthlessly killed.
Why do they need more bones? What's These acts of Arab terrorism and
so sacred about bones anyway? To other threatened actions such as the
the Indians they are sacred. But not recently announced intent to take a
to the University. They have all the commercial plane, fill it with explos-
old fossils they need. Professors, I ives, and crash it into the middle of
mean. Half of them are eighty or Ttl Aviv, have certainly given Israel
over. They can hardly walk. Why don't reason to fear the worst.
we use their bones instead? The pro- After repeated warnings and no an-
fessors, I mean. h'fserfr ep ted f thni Ly an poan ,
By the way. Whv don't T ever ye swer from the pilot of the Lybian plane,
who were responsible for the Munich
massacre.
-L.C.R.
March 1
Drugs
To The Daily:
IT WAS a wonderfully sunny day, and
a smile stuck to my face as I walked
the five miles to my job at the Ani
Arbor bus station where I have work-
ed for the last *ten years. While pass-
ing one of your newspaper stands (I
admit that I have never bought one
previously), I was struck with the
headline about the East Quad resident
who is being evicted. I was appalled
and repeated over and over - enough
is enough. The university 'Aas finally
a den of depravity and debauchery.
Enough is enough.
-Jethro Kloss
March 1
Senior citizens
To The Daily:
THE NEWLY-ORGANIZED "Lunch
Bunch" in Willow Run meets f o u r
times a week in the Community Center
for a hot meal and an hour or two
of fun and fellowship.
The "Bunch" sponsored by Washte-
naw County OEO are all Senior Citi-
zens with very limited income, and
one of their greatest pleasures is sing-
ing together after lunch.
We are now searching for a piano,
perhaps no longer of interest to an
I
a
C-