4 Polls open 7 a.m. - 8 p.mg vote early ELECTION ENDORSEMENTS See Editorial Page CJ r Litr gu 4:3 a ii IMPROVING? High-58 Low-dA See today . .. for details Vol. LXXXIII, No. 53 Ann Arbor, Michigan-Tuesday, November 7, 1972 Ten Cents Ten Pages today... if you see news happen call 76-DAILY CHARGES DISMISSED Elden acquits Diag crater diggers Lawyers Daily endorsed Burghardt Despite pamphleteering implying the contrary, The Daily has in fact, endorsed HRP candidate Steve Burghardt for state representative. Democratic candidate Perry Bullard's supporters yesterday circulated a leaflet carrying an article on Bullard by a Daily staff writer transposed under The Daily masthead. The pamphlet deleted a disclaimer which had originally ap- peared with the article, explaining that The Daily staff had endorsed Burghardt. A condensed version of that editorial ap- pears with the other Daily endorsements on today's Editorial Page. Bullard media man Gene Farber disagreed that the leaflet was misleading but agreed to cease distribution at The Daily's request. George's Grand Gourmet' wins Though Gallup, Harris and Yankelovich offer little hope for George McGovern in today's election, all may still be peaches and ice cream for the South Dakotan, at least according to one poll. The Miller's Ice Cream "Soda Straw Vote," conducted over the last month, shows "George's Grand Gourmet" sundae topping "Dick's Double-Dip Delight," 1,291-393, or a hefty 76 per cent of the vote. The accuracy of the poll is debatable, how- ever, owing to the fudge factor. If you forgot ... If you forgot to change your voter registration address when you changed apartments over the summer, never fear, you can still vote in this election. Vote according to your old address, but since precinct boundaries and polling places have been shuffled since the April election, call the City Clerk's office, 761-2400, if you have questions. Note: His phone will probably be pretty busy today but the League of Women Voters and any of the party headquarters will be more than willing to help you figure out your predicament. Green case The controversial case of Prof. Mark Green's suspension will be thrown into the lap of the chemistry faculty today. The departmental cormittee reviewing the case will submit its recommendations to that body in a 20-page report. The chemistry faculty will then meet tonight at 7:30 to either reject or accept the recommendations. The committee was to have released its report yesterday but Prof. Peter Smith, member, said that "the mechanics of getting it typed, duplicated, and revised" held it up. Happenings .. . it's that time of year. Polling places are open from 7 a.m. to 8 p.m. HRP is providing child care and rides to the polls. Call 761-6650 if you need either. Then there are always the nighttime victory parties at various locations around town In the meantime, the LSA coffee hour will be featuring the botany department at 3 p.m. in 1139 Natural Science Bldg. . ..and if you don't like politics, see the best of last year's Astronomical Film Festival, 9 p.m. in East Quad Auditorium. Tonight's offerings include "Apollo 11", "Mariner-Mars, 1969" and "Universe" -you can also celebrate the 55th anniversary of the Bolshevik Revolution. Boggs, Begich victories expected Hale Boggs, House Democratic leader, and Congressman Nick Begich, missing since Oct. 16 on an airplane flight over Alaska, will be on the ballot today-and both are expected to be reelected. Congressional sources said Boggs' wife, Corinne, is considering running for the seat if her husband is not found alive and a special election is held next year. Boggs has no opposition in his congressional district in New Orleans. Begich is expected to keep his district in Alaska, where he faces a Republican opponent, State Senator Don Young. On the inside .. . The Daily endorses Marjorie Lansing for Regent and provides a summary of its previous election endorsements on the Editorial Page . . . Jan Benedetti reviews the Phoenix Repertory Company's production "Great God Brown" on the Arts Page . . . Sports Page rehashes Big Ten Football . . . Check where you're supposed to vote on Page Six. The weather picture It looks like good weather for a hanging, but bad weather for an election day: cloudy, with rain likely by af- ternoon and continuing through the night. Temperatures will hover around 60, with winds from the south about 15 mph. Tomorrow will be mostly cloudy - like some faces + at election headquarters around the country. i Indians, govt. still Snegotiate1 WASHINGTON (R-A federal appeals court yesterday delay- ed for two days a lower-courtv order for the arrest of an estimated 400 Indians w h o have occupied the Bureau of Indian Affairs (BIA) building since Thursday. The Indians are demanding the firing of Asst. Interior Secretary. Harrison Loesch, s a i d . Dennis Banks, field director of the Ameri- can Indian Movement. Banks said the demonstrators would destroy the building unless concessions: were made. The demonstrators are protesting the U.S. government's treatmentI of American Indians. "The negotiators have strictin- structions to lay down an ulti- matum by midnight," Banks told. newsmen. "If we receive no com- mitment by midnight, then the In- dian negotiators have no alterna-I tive but to remove ourselves from the building and leave nothing." Asked if that meant the building would be destroyed, Banks replied,, Some of the more than 2000 Mc( "There has been no business con- the campus picking up support. ducted in this building for years and I am sure there will be noUR A VO E D business conductedhere after the URIAN VOTE DE Indians leave." However, there was no unusual activity around the building at mid- night.° Several Indians walked in shortly after midnight with sup- Splies of food.BERCSH H One Indian source said the four- By ERIC SCHOCH story building had been wired for The State House of Representa- destruction by explosives Sunday tives, controlled by the Democrats night but the system was defused. for the last two legislative ses- He indicated that it had been re- sions, may be up for grabs today, activated and was ready again to and neither party wants to predict be touched off. the outcome. Meetings with Indian negotiators BY this time in a normal cam- inside a big tepee pitched on the paign, notes a Democratic organ- Sfront lawn of the BIA were In- izer, it is usually possible to nar- Govern backers (See related st CISI VE: IOW!s Daily Photo by TERRY McCARTHY Truckin' for George who marched last night, cheer for their candidate. The candlelight march criss-crossed ory, Page 10). >e: Who gets control? call move political By DAVE BURHENN . District Court Judges San- dorf Elden and Pieter Thom- assen yesterday dismissed charges of malicious destruc- tion of property against per- sons accused of digging bomb craters on the Diag last sum- mer. The craters were dug during May and JT'me as a protest of the stepped ip air raids over North Vietnam. The dismissal came one day be- fore the general election, an elec- tion in which Elden is running for a Circuit Court seat. Elden and Thomassen were to announce the dismissal of the charges last Monday, but the death of former Circuit Court Judge John Conlin postponed the matter a week. Local attorney Donald Koster, one of the defense lawyers for the craters diggers, compared the dis- missal to an earlier ruling by Elden which voided the city's $5 fine for marijuana. "Once again I'm more impressed with the political timing of Judge Elden's decisions, than with his judicial abilities." Elden said the charges that his and Thomassen's dismissal was politically motivated were "the last accusations that I ever expected to hear" 1"They said my last decision (re- ferring to the voiding of the pt law) was politically inspired." He said, "I'd either lose the votes I gained on the last one or lose the votes I gained on this one," referring to both the pot law and the bomb-crater decisions. "I guess the best thing to do," Elden added, "is to fold your burnoose and not make any de- cisions 90 days before the elec- tions." The judges' opinion concluded that provisions of the statute un- der which the defendants were charged did not cover the offense allegedly committed. Specifically, under the malicious destruction of property law, de- fendants are charged with the damaging of a structure or its ap- purtenances. An appurtenance is something that is connected to or necessary to the use and enjoyment of some- thing else. The prosecution claimed that the sod and soil of the Diag was an appurtenance to University build- ings. The defense disagreed, and filed a motion to dismiss the charges. In accepting the defense motion, the judges wrote, -"the court finds that the Diagonal of the University of Michigan is in fact part of the University in and of itself . .."- and therefore not appurtenant to University structures. See ELDEN, Page 10 tenior Secretary Rogers Morton, BIA Commissioner Louis Bruce and Frank Carlucci, associated direc- tor of the Office of Budget and Management. Banks said the prime topic of discussion was the firing of Loesch. If the White House gives assurance that Loesch will be dismissed, Banks said, the Indians will evacu- ate the building and then other points will be discussed with thet government. Earlier yesterday, a three-judge panel of the Circuit Court of Ap- peals stayed until 9 p.m. tomorrow, a lower-court order that the In- dians vacate the building, located on Constitution avenue near the Lincoln Memorial. A justice department spokesman said that"the appeals court deci- sion barred the government from forcibly evicting the Indians while' ~the stay is in effect. {rDistrict Judge JohnPratt had ordered earlier in the day the arrest of the Indians and had di- rected the government to give them notice of the order by 6 p.m. EST yesterday. Pratt orally gave the government limited discretion as to the actual time for the arrests. None of the Indians would elabo- rate on how they had wired the building but they said that at least four Black Panthers reported to be specialists in demolition met yes- terday in the building. row the field down to five or six "swing" races which will deter- mine voting trends in the elec- tion. S hriver U.S. PC By TAMMY JACOBS and LORIN LABARDEE special To The Daily ROMULUS - Vice presidential candidate Sargent Shriver wrap- ped up the Democratic presiden- tial campaign in Michigan yes- terday with a short press confer- "The American peo full of Nixon, and in a s him out." ence at D e t r o i t Metropolitan Airport. In a hard-hitting attack on President Nixon, Shriver, visibly worn, told reporters "the Ameri- can people have their stomach full of Nixon, and in a sense they want to vomit him out." But this is not a normal cam- tage in many districts could be ov- paign year. Both Republicans and ershadowed by a heavy pro-Re- Democrats agree that the election publican vote in the Presidential has narrowed down to no less than Senate races. twenty such races. The result is As might be expected, the plan that there have been no real pre- favors Democrats, but only slight- dictions about who will control the ly. In many districts, Democrats now have a slim advantage but a{ State House, only guesses. Nixon landslide could cause the Although the state adopted a reapportionment to work dramat- Democratic reapportionment plan ically in favor of the Republicans,' redistricting the state for this if many Democrats vote straight election the Democratic advan- Republican. tells press at Metro '0 pie sick of Nixon "It seems quite clear now that that there was "no net increaseE President Nixon has bungled the in jobs" as a result of higher car management of the war . . . the production and citing a 10 per war has been bungled and now cent unemployment rate in De- they (the American people) have troit. With allusions to Nixon's recent seen that the peace has been rash of legislative vetoes, Shriver bungled," he said. asked "can you imagine a Pres- .ident who's in favor of dirty water? Well, we've got one." ple have their stomach If McGovern wins, Shriver promised, the country would have ense they want to vomit "clean air, clean water, and- for the first time in four years-I a clean White House." -Sargent Shriver Shriver also reiterated McGov- Shrie eer nm's vow to end the Indochina .... ...................... . war "on J n. 21" if elected. In- Continuing his assault on Nixon cluded in that vow were promises policies, Shriver blasted the Ad- for an immediate cease fire, a ministration's e c o n o m i c pro- release of POWs, and the idop- grams, using Detroit as an ex- tion of a refugee program in ample. Southeast Asia. "Michigan has record automo- "I'll be over there personally bile production-and record un- to arrange the details," Shriver employment," he said, adding said. "The troops will be coming home." A Democratic victory, Shriver said, would bring "peace abroad and the beginnings of prosperity at home." Throughout t h e conference, seShriver seemed optimistic about tory despite the latest Harris ity of Illinois, has one precinct poll, which forecasts a Nixon 0 voters-reportedly the largest in victory. e. "Something extraordinary is vern supporters are counting on hAmeric across hthesaid,cepre udent registration to boost their dicting a McGovern win in Cali- te, and it appears that whoever fornia, Ohio, Pennsylvania, Mass- vote for, registration drives have achusetts and Michigan. fective. Nationally, 80 per cent of Shriver wasa conmnanied h Of course, it is still questionable how much "coattail effect" the President would have in Michigan. Few, if any, Republican candi- dates are taking it easy because they expect to be sweptinto the State House in a Nixon landslide. The effects of ousing and the 18-year-old vote also remain un- clear, if indeed theywill have any effect at all. Democrats hold a narrow lead in number of incumbents, forty-five. to forty-one. Both parties expect most of their incumbents to win, but they admit that several in- cumbents in both parties are not finding re-election easy.{ Although quite a few incumbents in both parties squared off against each other in the primaries last May due to reapportionment dis- trict changes, only one race in- volves two current representatives in the general election. In Flint's 79th District incumbent Republican Robert Edwards and incumbent Democrat Theodore Mansour h a v e found themselves in a closely contested campaign. The race has taken an interesting twist as Edwards is trying to win the normally Democratic back vote in response to his opponent's anti-! busing campaign. Not surprisingly, the Democrats are hoping Detroit districts will repeat their usual voting patterns, along with other traditionally pro-, See STATE, Page 10 I Campaign By ZACHARY SCHILLER The students, they say, are apathetic about today's presidential election. Even at places like Yale, one observer has called student involvement "disappoint- ing." However, the general election activity at campuses contacted by The Daily re- YOUTH VOTE APATHETIC? interest subdued on Polls at various universities have shown some disparity, with traditionally activist colleges such as the University of Cali- fornia at Berkeley, Stanford University and the University of Massachusetts piling up McGovern victory margins of 50 per cent. It is in the South that the Democratic campuses nationwide with between 60 and 65 per cent of the vote. According to the Democrats' national student press coordi- nator, "a couple of hundred" student newspapers have endorsed McGovern, and a swing to Democratic ranks is in pro- gress. In Cleveland, he reported, there has C1 Univers with 260 the state McGox large st candidat students been eff