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Eighty-Seven Years of Editorial Freedom
420 Maynard St., Ann Arbor, MI 48109

Is

there

no justice?

Wednesday, January 26, 1977

News Phone: 764-0552

Edited and managed by students at the University of Michigan
d:
State budget: Misleading.

GOv. WILLIAM MILLIKEN'S pro-
posedt state budget for the 1977-
78 fiscal year at first glance appears
to be very progressive. After all, he
proposed a total increase of nearly
$8.6 per cent over the 1976-77 appro-
priations.
But this budget follows on the
heels of three extremely bad years
for the state's economy. The austere
bidget during the recent recession
ravaged state services with funding
cuts. This budget merely returns
those services to the 1974-75 funding
level.
Milliken's budget message this year
was entitled "The Road to Recovery
and Stability" in stark contrast to
last year's "An Agenda for Austeri-
ty." This year's budget though, is only
a beginning.
And we have doubts as to wheth-
er the budget will be as optimistic
as the Budget Director Gerald Miller
thinks it will be. The annually rosy
picture he has provided on revenues
for the last three years-have proven
wrong, forcing the state to institute
tough cut back measures to avoid a
constitutionally prohibited deficit.
Many legislators, including State
Sen. John Otterbacher (D-Grand
Rapids), say they won't believe the
revenue projections until the state
has the money in hand. Otterbach-
er, chairman of the committee which
oversees the largest share of the
budget - Health, Social Services and
Retirement, said yesterday, "The gov-
ernor has been overly optimistic."
We agree.
In such trying fiscal times, it is
difficult to accurately forecast the
performance of the economy. Even
the most learned economists In Wash -
ington have been consistently wrong.
Why should the state Budget Direc-
tor be any different?
Because Milliken has refused to

raise taxes (he has said he will prob-
ably seek re-election and 'tax' is a
naughty word in election years) there
is not enough money to alleviate ma-
ny pressing state problems in his pro-
posed budget.
The state's local K-12 educational
system is in need of a massive over-
haul. The poor districts have long
been denied the privileges of better
education.
The state's higher education sys-
tem has suffered a real decline in
funding over the last ten years. In
1966 tuition at the University pro-
vided 21 per cent of the budget. It
is now 28 per cent. Michigan has gone
from one of the top states in higher
education funding to near the bottom
in the last ten years. Millikdn's budg-
et does nothing to remedy a situation
that is the result of fifteen years of
Republican rule in the state starting
with former Gov. George Romney and
continuing with Milliken, Republican
governors have given higher ed the
shaft,
The state's troubled urban areas
received a band-aid from the gov-.
ernor when what they need is major
surgery. It is not only Detroit that
is facing urban decay, but many out-
state cities as well, such as Grand
Rapids, Flint, Lansing and Benton
Harbor. But Milliken moderately in-
creased aid to the cities and it does
not come near solving the problem
of urban decay. Must we always look
to Washington for help? Will Presi-
dent Carter and Congress help a state
that refuses to help itself? We cer-
Si rly hope so, because Milliken's
hudget and his refusal to seek addi-
tional revenue leaves the people of
the state no other alternative except
to depend on a national government
that is already swamped with the
problems of 206 million other citi-
zens.

By CHARLOTTE CHANNING
A WINDSOR WOMAN was abducted from her car
last winter on a Detroit expressway and raped.
The trial which followed proved not only to be an
ordeal for the plaintiff and defendant, but also for
those on the jury who had to decide the fate of the
accused and had to clarify their own feelings about
violent crimes, or more specifically, rape.
"X" was a member of that same jury. X' is
also a psychologist and a trained group therapist.
Her observations of the jury as a group in delibera-
tion have made her ask herself, "Is there such a
thing as justice?"
The original jury was composed of fourteen per-
sons-two extras to fill in in case something should
happen to any of the jurors. As it turned out in this
particular trial, two of the jurors asked to be re-
moved from the case because of their strong emo-
tional reactions to the case. The remaining twelve-
person jury consisted of five white males, six black
females, and one white female. The defendant's peer
group of black males was not represented.
IT IS THE UNDERSTANDING of the jury that
the defendant is innocent until proven guilty. How-
ever the real attitude of the jury could be summed
up in the words of one juror who said, "Well, he
must have done something, or he wouldn't be here."
According to 'X,' the white men on the jury were
unable to relate to the black defendant, generalizing
that black men behave differently than white men.
The women of the jury were equally biased with a
'what-if-it-were-my-daughter' type of attitude.
"The jury's misunderstanding of sub-cultural be-
havior was an obstacle to justice," said X.' Another
obstacle was the varying interpretations as to what
was going on in the courtroom. The jurors were per-
mitted to take notes, but during deliberation, the notes
were nothing but a mass of contradictions. There would
be long periods when the jury sat with nothing to
do. However the boredom was no problem when com-

pared to the conflicts whichi arose between many
jury members. The deliberations often erupted into
shouting matches and physical violence among jurors
was nearly a reality.
One might thing of the typical TV jury, full of
rational people wi4h no hang-ups whatsoever. How-
ever, was this realy the case? One of the jurors fell
asleep at times and was alleged to be senile. One
of the male furors was a major source of discord.
"He had a real identitycrisis," said 'X.' The women
on the jury were accused by him of being too emo-
tional. He also habitually referred to the women on
the jury, the plaintiff and the female judge as "bitch-
es."
KEEPING THE JURORS ISOLATED from public
opinion was a major concern. "'The Old Law states
that jurors weren't to be fed while in deliberation.
Fortunately, things have gotten better since then. We
were taken out to eat, and were even allowed to go
home at night." When the jury is taken to the cafe-
teria to eat, one policeman stands at the front of
the line and another stands t the rear to make
certain that no one speaks to them.
Another precaution, the soundproof juryroom, is
not so soundproof. With a two-inch crack between the
door, the judge can be heard. Likewise, the yelling
matches in the juryroom can easily be heard by all
in the courtroom.
The sometimes inaccurate stories in the news-
pape.rs were also mentioned by 'X.' "The claim by
many newspapers that the victim begged to be killed
was an exaggeration. She was a tough little girl -
it was somnething more to the effect of, 'I'm not
going to do it so you might as well go and kill me.'"
"X" ALSO FELT that the defendant had been
overcharged. One of the charges was for kidnapping,
another for rape, and still another for kidnapping and
rape. When the defendant, who had been securely lock-
ed in a cell, appeared in ;ourt seeming to have been
severely beaten, police brutality was speculated upon

in the juryroom. Jurors were instructed to disregard
his injuries and were given no information.
The jurors were confused even further by the con-
flicting statements of the witnesses. The victim said
that the defendant accused of abducting her from the
expressway didn't have a gun. However, the man who
had originally stopped to help her claimed that he
did. They also disagreed as to the number of ab-
ductors.
But one occurance created much debate among
the jurors. After the plaintiff left the witness stand,
instead of sitting with the prosecutor, as is cus-
tomary, she sat behind the defendant. But what was
the reason? Perhaps it was a way of saying that he
didn't treat her as badly as the rest. Perhaps it was
her way of showing that she didn't have any hostility
toward the man. But perhaps it was because she was
in such a bad mental state that she didn't know what
she was doing. In that case, her testimony could have
been less credible.
THE TRIAL WAS. QUITE an ordeal for those
on the jury. "At times it seemed they were going
to nail somebody, anybody, for retaliation against all
the current crime. For a while it was a hung jury,"
said 'X,' "I don't ever want to be judged by my
'peers'." One of the jurors had to quit then case be-
cause she became frightened. She dreaded walking
to places alone, for fear that friends of the accused
might try to harm her.
Black vs. white and male vs. female conflicts
ran rampant during the deliberations. The jury bases
many of its judgments on personal feelings rather
than on evidence. The jury was hung for many days,
but the defendant was right from the start. Eventually
all twelve made an agreement. Whether this occurred
because of the guilt of the accused, or exhaustion,
compromise, or emotional pressure among the jurors
will never be clear, which leads back to the ques-
tion, "Is there really such a thing as justice?"

Let's save Waterman gym

LAST SUMMER the Regents, follow-
ing the advice of the administra-
tion, approved the demolition of the
Waterman-Barbour gymnasium com-
plex. This month they will have an
opportunity to reconsider that deci-
Sion.
-A.University is a kind of public
treasure_- as much as any stretch
of clean beach or virgin forest -
and it must be guarded vigilantly
against those who would destroy its
value. That is why the state consti-
tution provides for the election of
bodies such as the Regents.
The thorny question is: what con-
stitutes the value of this University?
Over the past 20 years, as the Uni-
versity expanded by leaps and bounds,

Editorial positions represent a
consensus of The Daily Editorial staff.

-1

Photogr aphy iStaff

.1

the consensus was that "progress"
as manifested by physical growth
was the key to the success of this
institution.
BUT THOSE DAYS have passed;
the season of rampant expansion has
ended, and we are faed with the
same unanswered question: what is
of value here? What is worth pre-
serving?
Waterman - Barbour gymnasia,
clearly, are worth it. There is no!
need to restate the historical and
architectural features which make
these buildings irreplaceable land-
marks, nor is there space to list the
many uses the stately edifice could
house. Pleas . and suggestions have
been made to the Regents time and
again.
The University administration has
answered them with its own experts
and, presumably, for its own reasons.
The University is determined to see
Waterman-Barbour ground into the
dust, no matter what arguments can
be brought to bear against them.
It is high time we reminded the
Regents of their responsibility to the
people of the state of Michigan, who
elected them, to guard this Univer-
sity in their name. It is high time
we condemned the Administration for
its heartless disregard for the value
of Waterman-Barbour.
But should we expect more? Most
of the top University administrators
are career bureaucrats, mercenaries
of sorts who have no real ties to the
heritage of this institution. The citi-
zens of Michigan cannot depend on
such nomads to safeguard their treas-
ures.
But the Regents were elected for
that very purpose. If they fail to ac-
complish it, if they accede to the ir-
rr,, onsible and specious demands of
the University bureaucracy, they will
have betrayed the trust which has
been placed in them.
TODAY'S STAFF:

Perpective
by W. L. SCHELLER r
AS PRESIDENT CARTER took the oath of office last week it
marked not only a change of presidents, but a shift in the mood
of the country as a whole. The country is becoming increasingly
conservative and looking to its roots for guidance. The peanut far-
mer from rural Georgia provides us with some very important
things to think about, especially for Republicans.
The Republican party, battered and torn, is once again trying
to get off the ground. The GOP must again become meaningful to
people all over the country. It must also hammer out some basic
philosophies and decide what course it should take. If nothing else
the problem becomes where to start.
Probably the first item that will need to be addressed is what
the party should stand for. Much of what the Republican party has
stood' for in the past is returning to the public opinion. One thing
the Republican party has stood for is a stronger position for local
governments. This could well provide a base for rebuilding the
party. A general trend toward this idea can be seen in part of
Carter's appeal. Carter attacked Washington, bureaucracy, and
federal waste. These were things that people had become fed up
with. Turning the emphasis away from federal programs could
provide an important element to a party philosophy.
INSTEAD OF focusing on the federal government for action,
state, local and private people or organizations could better handle
many problems. This could mean that the people of an area would
have to take more responsibility on themselves. Already people
seem more willing to do so. In the East for example, many town
meetings in New Hampshire have drawn tremendous ,crowds. Get-
ting people involved is an important part of Democracy.
The values of our society are always an important aspect of
life. The GOP should try to incorporate many traditional ideas into
itself. An immensely important one is the rather sad state of the
family in our country. Part of Carter's appeal was the way his
family always seemed to be there too. If it wasn't Amy or Rosa-
lynn it was Billy or Miss Lillian. The GOP should voice its sup-
port for programs, preferably instituted locally, to reinforce the
family in American society. This is but one example of the many
moral problems we face and the leadership a rejuvenated Repub-
lican Party could make.
As important to any political party as its philosophy is its con-
stituency and leadership. On building a broader constituency the
Republican party is not starting from nothing. Most of the Midwest
and all of the West went for Gerald Ford. Otherkey states such as
New York and Ohio were very borderline. The key is to now ge~t
those young people who voted for Ford active in the party. A
strong youth element is needed if the GOP is to finally regain its
health. The party leadership also needs some younger blood. Men
like Ronald Reagan, Gerald Ford and John Connally still have
definite contributions to make to the Republicans, but a search
must begin to find some younger people willing and capable of
leading the party. This would give the party a tremendous shot in
the arm.
for two centuries now. Unfortunately the party that gave us Abra-
ham Lincoln is ailing and needs to be rejuvenated. Time magazine
quoted Liz Carpenter, a departing Washington figure, saying, "I
want to find my soul . . . I am going to replant my roots." Well,
so is this country and so is the Republican party.With some diligent
hard work and a philosophy based on the roots of this country, the
Republican party will become healthy again. After all, we have the
Carter years to work on it.

Waterman
I have been reading with in-
terest (and amazement) about
the controversy surrounding
Waterman Gymnasium, and re-
cently I have seen a notice of
a "last chance" to comment.
Who, may I ask, cA speak
more appropriately on this sub-
ject than I who acquired from
that venerable structure the
nicknane by which I have been
known since 1921: i.e. "Jim"
Waterman. Also, I am the only
University professor, living or
dead who ha shis name not on
just one side of a building, but

on two sides - the front and
the back ,(all without even be-
ing a relative). I
When I first entered Water-
man Gym in the fall of 1921 for
the physical exam routine on
the running track, and subse-
quently in "Doc" May's com-
pulsory P.E. I thought then -
56 years ago - that the place
should be demolished. My nos-
tolgia for the place is limited
to the smell of sweat in the un-
ventilated locker rooms, the
cold and drafty basketball are-
na of the twenties and the in-
tolerably hot alumni luncheons
in the Junes of later years.

So, while I applaud the pleas
to "preserve Waterman," I
would much prefer that those
pleas be directed toward Jim
Waterman than to Waterman
Gym. I was once promised by a
University official, who shall
remain unnamed, that one of
the granite name blocks from
the demolished building would
be delivered to my curbstone in
Ann Arbor.
Thank you for considering
my opinion on this I subject
along with the other equally
sage one you have received.
"Jim" H. Waterman

Miran Army, Gilmore

symptoms of
A S A CARD-CARRYING pacifist, I know how
I feel about war and standing armies. And
as a card-carrying existentialist, I know h o w
I feel about suicide: it's an inalienable right,
as long as it's an uncoerced individual decision.
But those firmly-held convictions are almost
no help in deciding how I respond to mock war
and judicially-sanctioned suicide.
Tuesday's Daily had a story about a phony
invasion of Alaska by "Mirans," which was ac-
tually a cold-weather drill involving pseudo-com-
bat between two teams of U.S. military person-
nel. Wait, it gets worse. Because of the unsea-
sonably warm weather in Alaska this winter,
there's no cold weather to fight in (or to run
sleds or snowmobiles in), but it's cold enough
for paratroopers to die. Their deaths make no
more sense than do those of the sailors who
died during the filming of "Tora!, etc."
MILITARY FLAKS apparently don't have
enough real work to do, now that they don't
have to invent Vietnamese body counts. "Intelli-
gence" officers with a flair for creative writing
are gaily fabricating leaflets with titles like
"Safety Pass" and "Friends;" not only are these
documents a source of Grade A litter, but their
rhetoric would embarrass any Trotskyite or Mad-
Ave functionary. "Give yourself a break today,"
indeed. One can only pray that no impression-
able civilians have these leaflets, inflicted on
them. It could be the biggest scare since War of

doublethink
By Marnie Heyn
the Worlds or the pipeline. How secure would you
feel if an army leaflet promised that "you will
be treated well and immediately removed from
the death zone?"
IT IS POSSIBLE to argue from several ana-
logies in situations like 'this. Mock war is less
horrible than real war,-and more horrible than
sports, even football or hockey. And it is
certainly more ridiculous and expensive than
Monty Python's Flying Circus perhaps the
exercises should be filmed and distributed to off-
set the cost of this boondoggle. Operation Fatal
Arctic Nonsense is a logical item to freeze out
of the military budget. Those 14,000 troops could
be doing something useful, like shoveling snow in
the Midwest, or innoculating children in Iowa
against measles.
For a final surreal item, I am haunted by
visions of Gary Gilmore and the entire govern-
mental structure locked in an intangible danse
macabre. Advocates of capital punishment often
claim that exceptions will have a deterrent ef-
fect on crime, but it seems equally plausible
that some sick individuals might commit capital
crimes as a "chicken-proof" method of doing
away with themselves.
KURT VONNEGUT made ethical suicide\pret-
ty obnoxious in "Welcome to the Monkey House,"
but it seems positively desirable compared to
the grotesque implications of punitive, compas-
sionate, or behavioral responses to violent crime.
Does anyone have a better idea?

Letters to The Daiy I

Pauline Lubens .............
Brad Benjamin .............
Alan Bilinsky ............ .
Scott Eccker ...............,
Andy Preeberg ..............
Christina Schneider ........

Chief:
Staff
Staff
Staff
Staff:
Staffl

Photographer.
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Photographer
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Photographer

Editorial Staff
Rob Meachum ...Bill Turque
Co-Editors-in-Chief
Jeff RistIne....... ... Managing Editor
Tim Schick..... ............. Executive Editor
Stephen Hersh .... . ............ Magazine Editor
Rob Meachum ..............Editorial Director
Lois Josimovich . .................... Arts Editor
STAFF WRITERS: Leslie Drown, Tono Cameron,
Ernie Dunbar, Henry Engelhardt, Rob Evan,
Jeff Frank, Cindy Gatziolis, Enid Goldman,
Mike Halpin, Kathy Henneghan, Geoff Larcom,
Scott Lewis, Don MacLachlan, Rick Maddock,
Brian Martin, Bob Miller, Brian Miller, Billy
Neff, John Niemeyer, Eric Olson, Dan Perrii,
Dave Renbarger, Pat Rode, Cub Schwartz,
Errol Shifman, Tom Shine, Jamie Turner, Mark
whitney, Greg Zott.
Business Staff
Deborah Dreyfuss ............ Business Manager
Kathleen Mulbern ... Assistant Adv. Coordinator
David Halan ............. ..Finance Manager
Don Simpson ...... ............Sales Manager

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