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The Michigan Daily-Sunday, October 9, 1977-Page 3
APPEALS COURT RULES
Judges can order wiretaps
ftJ SEE !A. .7[ wSJ VAPPC .i.,t$Jt7 y
CINCINNATI (UPI) - In a potenti-
ally precedent-setting decision, a fed-
eral appeals court has ruled that fed-
eral courts have the power to order tele-
phone companies to install and operate
sophisticated wiretaps for law enforce-
ment agencies.
"Without this assistance by the tele-
phone company," the 6th U.S. Circuit
Court of Appeals decided Friday in a
Michigan case, "the entire criminal in-
vestigation in the present case -
grounded on probably cause - would
be nullified."
TH E MICHIGAN Bell Telephone Co.
had contended a district court could not
force it to help a government gambling
investigation against its will.
But appellate court Chief Judge
Harry Phillips, who wrote the majority
opinion in a 2-1 decision, said, "It is to
be emphasized that a telephone com-
pany is no ordinary third party.
"It is a public utility, enjoying a
monopoly in an essential area of com-
munications. It owns and controls the
telephone facilities involved in the
present case.
"THE DISTRICT court found that
there was probably cause to believe
that these facilities were being used for
criminal purposes. The telephone com-
pany is the only entity that can effec-
tuate the orders of the district court to
prevent company-owned facilities from
being used in violation of both state and
federal laws."
Phillips cited a key question in the.
case:
"Does a U.S. district court have au-
thority, upon showing of probable
cause, to require a telephone company
to install card drops and other me-
chanical or electrical devices designed;
to trap ;end trace incoming telephone
calls?
- "DOES A DISTRICT court have
authority to direct the telephone com-
pany to perform manual tracing opera-
tions and provide the facilities and tech-
nical assistance necessary for the im-
plementation of the order of the court,
with all reasonable expenses incurred
by the company to be reimbursed by
the government."
The judge Said the answer to both was
"Yes."
Lower court rules
quota unconstitutional
Nazi, equal rights
group rallies allowed
t LOS ANGELES (AP) - A federal
judge has ordered a halt to the practice
of awarding 10 per cent of federal pub-
lic works funds to minority businesses.
In granting a temporary restraining
order against the practice Thursday,
U.S. District Court Judge Andrew Hauk
said minority quota systems are "in-
vidious and unconstitutional."
HAUK ISSUED the order to the city;
county and federal government to
prevent implementation of part of the
federal Public Works Employment Act
of 1977. The act requires'at least 10 per
cent of public funds provided by the act
to be spent with minority businesses.
Citing the Allan Bakke reverse dis-
crimination case being reviewed by the
U.S. SuprenIe Court, Hauk indicated
that the 10 per cent quota discriminated
against whites. He added that govern-
ment contracts should not be awarded
on a racial' basis.
The suit was prepared on behalf of a
coalition of building contractors who-
questioned whether there were enough
minority businesses to meet the 10 per
cent quota.
Despite objections' by city, county
and federal attorneys, Hauk said he
didn't think his postponement.of award-
ing contracts until an Oct. 31 earing
would harm any level bf government.
Ford on the narch
University alum. Gerald Ford, football and television, it seems,
are becoming as mundane a combination as Mom and apple pie. Ford,
it was announced yesterday, has accepted the honorary office of grand
marshall for the Tournament of Roses next January 2. He and his wife
Betty will ride at the head of the parade and (df course) attend the
Rose Boyvl football game. Ile is the first former President since Eisen-
hower to be grand marshall. Ford has also signed a contract with NBC '
for a series of interviews by John Chancellor late this year, allegedly
for a cool $1.5 million - a cozy lining for his 1980 campaign hope chest,
perhaps?
Happenings ...
..appeal to all the senses, beginning with a brunch at 11 a.m. for
Jewish grad students at Hillel, 1429 Hill St., fee $1 ... followed by.
Israeli folk dancing from 1-3, and dinner with entertainment by the
Deli Theater with dramatist Sally Fox at 5 p.m., charge for the dinner
is $1 ... University Museum of Art employes will conduct a free special
tour of the new Alfred Stevens Exhibition at 2 p.m., ... at 2 p.m. and 7:30
p.m., the Celebration Mime Theatre's Celebration Trio presents
"Pinocchio" in the Frieze Bldg.'s Trueblood Theatre in a benefit for
Clonlara School, $1.50 for children and $2.50 for adults ... from 5-8 p.m.
the United Farmworkers Support Committee is holding a Mexican
dinner at the Memorial Christian Church, $2.75 for adults and $1.75 for
children,.., and at 7:30 p.m., there will be a meeting to form a "support
social and political activities group" for gay undergraduates in Alice
Lloyd Hall's Klein Lounge ... at the same time, the Citizens for Gay
Human Rights meet at Canterbury House, corner oi Catherine and
Division ... On MONDAY, get set for a hectic schedule, beginning with
a visit to the University School of Art's Slusser Gallery on North Cam-
pus to check out a new exhibition by graduate students from the
University of Iowa and our own home-grown ones ... at noon, go to a
I bag lunch in 2009 Museum of Anthropology to hear research seminar
speaker:Dr. Karl Hutterer speak on the "Status of Archaeological
Research in Southeast Asia" ... from 4-6 p.m., attend a lecture by.
Israeli ptofessor Joseph Ben-David on "The Beginnings of Sociology
in 19th Century France and Its Legacy" in Lecture Rm. 126 of the Resi-
dential College (East Quad) That's sponsored by the Sociology Dept.
and the Center for the Study of Higher Education ... at 7 p.m. you can
see four films dealing with women and old age sponsored by the
Women's Studies Dept. in MLB Aud. 3 ... there widl .be an open
screening of local films and cinema at 7:30 p.m. sponsored by the In-
dependent Cinema Video Series, free for anyone interested at the Can-
terbury House at Catherine and Division ... the Inmate Project will
present two ex-inmates leading a discussion on the Michigan penal
system at 7:30 p.m. in MLB Lecture Rm. 1 ... at 7 p.m. in Aud. B'Angell
Hall,. there is an internship seminar meeting of the Undergraduate
Political Science Association ... if you're too rich for legal aid and too
poor for a lawyer, attend the free MSA Housing Reform Project/Ann
Arbor Tenants Union Self Help Workshop on the court system at 7:30
in the 4th floor lobby of the Michigan Union ... and from '-9 p.m.
there's a session on "Understanding Illnesses and Confusion in the
Elderly" sponsored by the Child and Family Service of Washtenaw
County, at their office at 2301 Platt Rd.
( - s
On the outside...
It's a good day to visit the Museum of Art's special exhibition tour
(see Happenings), because it's going to be mostly cloudy and cool,
with a slim chance of showers and clearing skies expected by night-
fall. Temperatures will hit a "high" of 51° and a near-freezing low of
340, so bundle up. Monday the clouds return unobligingly with a chari-
ce of showers later in the afternoon. Temperatures will be a bit more
temperate, with a high in the low 60's anai a low in the upper 30's. Think
warm thoughts.
SAN JOSE, Calif. (AP) - 'fwo groups'
with contrasting views - a band of
Nazis and a group calling, itself the
"Equal Rights Committee" - have
been issued permits to hold rallies at
the same downtown park.
"We hope there's no violence," a po-.
lice spokesman said of the rallies
scheduled for yesterday. "We'll try to
keep it from happening."
ON FRIDAY, the San Jose city coun-
cil reversed an earlier decision and
granted permits for the National Social-
ist White Workers party's rally.
Some 500 people jammed the council
chambers, many shouting "Nazis Out,"
during the special meeting. The council
had denied the Nazi permit at a meet-
ing Wednesday.
The council also gave a permit to the
Equal Rights Committee, a group that
had pledged a counter-demonstration to
any Nazi display.
Dail Official
}Bulletin
Sunday, October 9,.1977
DAV CALENDAR
wUOM: Options in Education, "Portrait of the
American Adolecence." first ina month long series
examining the age of puberty, and the problems of-
the developing adolecent, 1p.m.
Monday, October 10, 1977
DAY CALENDAR,
Physics: M. Mestayer, SLAC, "L/T in Electron
Spattering,"2038 Randall Lab., 4 p:m.
THE MICHIGAN DAILY
Volume LxxxvIII, no.28
Sunday, October 9, 1977
s edited and managed by students at the University
of Michigan. News phone 764-0562. Second class
postage is paid at Ann Arbor, Michigan 48109.
Published daily Tuesday through Sunday morning
during the University year at 420 Maynard Street,
Ann Arbor, Michigan 48109. Subscription rates:
$12 September through April (2 semesters); $13 by
mail outside Ann Arbor". "
Summer session published Tuesday through Satur-
day morning. Subscription rates: $6.50 in Ann Arbor;
$7.50 by mail outside Ann Arbor.
BEFORE THE council followed legal
.advice and granted the Nazi group a,
permit, Mayor Janet Gray Hayes said
"There are many people who are out-
raged that we are changing our vote,
but I have to do what's right. As mayor
I have to uphold the law.
"When the council members first
learned of the Nazis' request for a rally
permit, we reacted with a sense of
moral outrage," she said.
"We do not condone the Nazi Party.
They are a despicable and pitiful group
which represents the worst example of
hatred the world has ever seen. But the
best thing we can do is ignore them,"
she added.
At the Wednesday meeting, Nazi par-
ty official Allen Vincent, of San Fran-
cisco, told the council that revocation of
the permit would be "blatant bigotry'"
and "an affront to every American."
Attila the Hun died in 453. He is
known in German legend as Etzel.
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