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February 26, 1977 - Image 1

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Text
Publication:
Michigan Daily, 1977-02-26

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Police
Overreaction
See Editorial Page

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See Today for details

Latest Deadline in the State
Vol. LXXXVII, No. 123 Ann Arbor, Michigan-Saturday, February 26, 1977 Ten Cents Ei

ght Pages

m r. .wr r I

CLAIMS INCOME TAX IS UNCONSTITUTIONAL

OUSENt'J 5t NES ftA1U -CA li
Sitting pretty
Those of you who have followed the sometime
twisted story of Stewart Mandell and his quest for
a Michigan Student Assembly (MSA) seat through
these pages will be happy to learn that the story
has a happy ending - Mandell has his seat back.
Central Student Judiciary (CSJ), MSA's judicial
arm, ruled Monday that varsity debater Mandell
didn't receive notification of MSA's new weekly
meeting schedule when he was away at out-of-state
tournaments. Mandell, who was at Tuesda'y's meet-
ing, missed three consecutive MSA sessions which,
according to MSA bylaws, was reason for losing
his seat.
Mackinac fudged
Yesteray, we told. you on the Editorial page
of oureagrin towards the State Department poli-
cy which bans Soviet VIP's from certain parts of
the United States-including 19 Michigan counties.
Well, we aren't the only ones who are slightly
fudged. Residents of Mackinac Island just found
out this week that their pretty resort area is off-
limits to Russian officials and reporters, and some
Island boosters have reacted angrily to the news.
"This is a free island in a free country," declared
Chamber of Commerce member Valerie Porter.
Others, iike saloon-keeper Jack Chambers, believe
the States Department is trying to preserve the
island's many secrets - such as the revolutionary
war cannon at Fort Mackinac with the steel-tired
wooden wheels. Surely, reasoned Chambers, the
Russians could use the cannon to control all water
traffic between Lakes Michigan and Huron. Mack-
inac has never warmed to foreign invasion ever
since the British recaptured the Fort during the
War of 1812 without even firing a shot. Neverthe-
less, the islanders weren't even consulted about
the Russian ban, and counted that the State De-
partment really pulled a Mackinac fudge.
Hqppenings...
..kick off bright and early this morning at
8:30 with registration for the Second Alumnae-
Student Conference held by the Women Law Stu-
dents Association. A full day of panel discussions
and talks are slated. Event is topped off with ai
banquet ($9, thank you) at the Union. If you're in-
terested, drop by Hutchins Hall in the Law Quad
for registration . . . the University Volleyball
Sports Club is sponsoring the Midwest Inter-col-
legiate Volleyball Tournament, from 10 a.m. to
9 p.m., at the Main Gym in the Central Campus
Recreation Bldg. No charge . . . the Gay Com-
munity Services Center, 612 S. Forest, will be
open for your use tonight from 7 to 11 . . . Like
square dancing? Then do-si-do over to Xanadu
Co-pp, 1811 Washtenaw, at 8 for a partner-swing-
ing time. Admission is 50 cents . . . At 9, Stock-
well Hall presents "Kol Yisrael", an Israeli dance
band, at Hillel, 1429 Hill. Admission is 50 cents,
but if you're a Stockwell woman, you get in free
. . . finally, the University Club in the Union
presents the Roots Jazz Trio from 9:30 to the wee
hours. There's no cover . Have a nice day!
The press prevails
An Alexandria, Va., high school newspaper edi-
tor has won a federal court battle to publish an
article on birth control against the wishes of her
principal and the school board. 17-year-old Lauren
Boyd, co-editor of the Hayfield High School "Farm
News", says she will run the article; peadlined
"Sexually Active Students Fail to Use Contra-
ceptives", in next week's edition. Although the
principal and school board censored the article
last November, a U. S. District Court judge ruled
Thursday that "the newspaper is not in reality
a part of the curriculum of the school and . . .
is entitled' to First Amendment protection." The
industrious editor interviewed several dozen pro-
miscuous high-schoolers for her article and found
that they didn't know their condoms from their
pills. Strike one up for freedom of the press!
Halh prie of Hitler
Adolf Hitler may be dead, and Adolf Hitler may

be hated, but there's one hardy band of non-Nazi
worshipers who swear by the infamous Fuhrer-
the folks who make a mess of marks peddling Hit-
ler memorablia. Charles Hamilton, gallery owner
and auctioneers, says prices for Nazi artifacts
have skyrocketed in the past few years because
the Nazis symbolize evil for some buyers. "Collect
tors, historians, and other bidders are inspired
by the fascination of evil," said Hamilton, "and
Hitler is the most evil man that ever lived. Attila
the Hun was an amateur compared to Hitler."
Hamilton presided at a New York auction Thurs-
day night and the evil ran rampant. One collector
paid $850 for a signed glossy, and the 34 lots of
Nazi items were swept up for a sizeable $6,765.
Ironically, Hamilton notes, about three quarters
of the collectors are Jewish, but most of the 95 bid-
ders, understandably, refused to give their names.
0
On the inside..
the Page 2 Daily Digest offers a story on
President Carter's appointment of UAW President
Leonard Woodcock to head a fact-finding commis-
sion on Americans still missing in South east Asia

oman
By BARBARA ZAHS
Lynn Johnston isn't paying any income tax this year -
next year, or the year after, or ever again.
"I'm never paying," the 29-year-old Livingston County wom
declared. "And there's not a damn thing (the IRS) can do abc
it.'
JOHNSTON, a member of the Libertarian Party, contends th
the income tax - city, state or federal - is unconstitutional I
cause it violates the Fourth and Fifth Amendments of the U.S. Cc
stitution. And she convinced a six-member jury in Michigan's 61
District Court two weeks ago that she was not guilty of charg
that she willfully failed to pay $16.92 in 1975 Grand Rapids cityi
come tax.
Johnston, who now lives in Gregory, lived in Grand Rapi
during part of 1975.
She did file a 1975 city tax return, but not in the conventior
manner. Instead of filling out dollar amounts when asked for h,
income, she wrote in asterisks, explaining that providing this i
formation would be waiving her constitutional rights. She also fill(

do des
ng
out her state and federal returns in the san

taxes- legally

me manner.

"WHAT I did was to answer each question with what my ob-
jection was - Fourth Amendment, Fifth Amendment or both,"
she explained.
The Fourth Amendment to the Constitution guarantees the
right to privacy of papers against "unreasonable searches and
seizures." The Fifth Amendment protects citizens against self-
incrimination.
'J'm never paying, and there's not a damn
thing (the IRS) can do about it.'
-Libertarian party member
Lynn Johnston
In her case, Johnston interpreted her Fifth Amendment rights
in a nather unorthodox fashion. She claimed that if she were to
provide information about her income, she would become liable to

taxation. In a sense, she would be "incriminating" herself if she
were to fill out income tax forms.
JOHNSTON'S 44-page return cited numerous court cases to
support her position. She said she offered to amend or re-file her
return - if the city could show her how to do so without violating
her constitutional rights.
She added that although the Constitution grants Congress the
power to lay and collect taxes, she received no bill from Congress
for her 1975 income taxes. And Congress, she charged, cannot trans-
fer its tax-collecting powers to the executive branch -,that is, to
the Internal Revenue Service (IRS), a division 'of the Treasury
Department.
"The Constitution of the United States was set up with a divi-
sion of powers -- legislative, judicial and executive. That was set
up that way so that we wouldn't have abuse of power, we wouldn't
have tyrants," Johnston noted., "Everybody knows that. Not too
many people thought about it in terms of the IRS."

Studen

"THEY (IRS) do things that, as far as I'm concerned, are
See WOMAN, Page 8
its rally to~

show, support
AFSCME stril

for

lie

By BOB ROSENBAUM
and MICHAEL YELLIN
Student groups all over
campus yesterday came out
in support of campus ser-
vice workers, now in the
fourth day of their strike.
The highlight was a stu-
dent march to the Admini-
stration Building; where
University President Rob-
ben Fleming was presented
with pro-union petitions.
OFFICIALS OF THE Ameri-
can Federation of State, Coun-
ty and Municipal Employes
(AFSCME, Local 1583) said last
night that at least 95 per cent
of the unions workers braved
cool weather to man picket lines
yesterday.
Two new incidents of police/
striker violence at East Quad
early yesterday morning
prompted City Administrator

Sylvester Murray to have sev-
eral policemen reassigned off
campus for the duration of the
AFSCME walkout, it was an-
nounced last night.
A date for renewed contract
negoti.gtions has not been dis-
cussed, according to representa-
tives of the two sides.
SHORTLY AFTER NOON yes-
terday, about 300 students and
striking workers marched-to the
Administration Building chant-
ing "On strike, shut it down!"

"We want you to start nego-
tiating with the union,' group
spokesman Ben Cuker told
Fleming when he emerged frow
the building. "They can't live
- the wages you're offering
them."
"And we want you to stop beat-
ing people and telling students
to scab," Cliker added.
"OH, COME ON," Fleming
replied.
Returning to table "is great-
ly dependent upon the union,"
See STUDENTS, Page 8

,Dailv Photo by ALAN BILINSKY
'U' President Robben Fleming addresses an angry crowd of striking union workers, GEO mem-
bers and student sympathizers in front of the administration Building yestei'day.
NOT ALLOWED TO LEAVE UGANDA:

Amin
From Wire Reports
NAIROBI, Kenya - President
Idi Amin yesterday barred all
Americans from leaving Uganda
and ordered them to meet him
en masse with a list of their
possessions on Monday.
Amin charged 5,000 U.S. Ma-
rines were massed off Africa
and rebuked President Carter
for "false" comments on Ugan-
da.
HOWEVER, in his unpredic-
table style, the burly Ugandan
dictator sent Carter a telegram
conveying his greetings "to all
Americans both white and
black" and telling Carter he
hoped to visit him soon "in the
White House."
The State Department sum-
moned Uganda's acting Ambas-
sador S. M. Cherebet for an
explanation. Cherebet said aft-
erwards, "There is no cause for
alarm. President Amin wishes
to informrthem, the Americans,
that they would not be both-
ered or harassed. He wants
them to know that he has ap-
preciated the work that they

hol~ds
have done and he wants them
to continue."
"BUT IF THEY want to leave,
they can go and they won't be
kicked out, either," Cheberet
said.
In his telegram to Carter,
Amin charged the United States
had sent 5,000 Marines to the
coast of Africa to rescue Ameri-
cans in the landlocked East Af-
rican nation but that 'our forces
are ready to crush the Marines."
The Pentagon said that five
nuclear powered ships are cur-
rently in the Indian Ocean, led
by the carrier USS Enterprise
and including the Cruiser USS
Truxtun and the submarine Tau-
tog, but that none carries
enough Marines to attempt a
forced evacuation of Ameri-
cans.
THE WHITE HOUSE said Car-
ter was reviewing the situation
"with concern and monitoring
it closely."
CBS News last night quoted
a source in the Defense Depart-
ment saying U.S. cargo planes

e
Americans

and troops stationed in Italy
would most likely be used if
a decision to evacuate Ameri-
cans in Uganda were made.
The source said such an
evacuation would probably use
Uganda's Entebbe Airport if the
evacuation were approved by
Ugandan officials.
ENTEBBE was the sight of
.a daring rescue by Israeli para-
troopers last July of a plane-

load of Israeli citizens being
held by Palestinian command-
os.
White House Press Secretary
Jody Powell said, "it is safe
to presume the President will
do. whatever is necessary and
proper to save American lives."
He answered with "no com-
ment" questions whether Carter
planned to send in any rescue
missions to Uganda.

Court turns down.
evicted pair's plea,
By GREGG KRUPA
Two freshmen have gone to court seeking to block an eviction
notice served them by the University housing department. Their
petition for an injunction was denied Thursday by Washtenaw Coun-
ty Circuit Court.
The litigation stems from an incident that occurred in Markley
Hall on January 7. The University alleges that Alan Meda and
Phil Belfiori, both Markley residents, set fire to a pizza box in

F.

DPP, MCH merger viable?

By ,BRIAN BLANCHARD
and PATTI MONTEMURRI
A-proposal to save the Department of Popu-
lation Planning (DPP) by merging it with a
second unit of the School of Public Health was
further detailed by a DPP spokesman at the
school's executive committee meeting yesterday.
However, several officials cast doubt on the

a "long-standing concept" that was earnestly
discussed last spring by both MCH and DPP
members.
Dean Richard Remington, chairing the Execu-
tive Committee which is now reviewing its rec-
ommendation to drop DPP due to economic woes
and "major academic weaknesses," agreed that
the proposal merits consideration among other

the corridor of first floor Reeves
House, fed the flame with paper,
and kicked the box down the
hall.
"IT WAS not an accidental
fire," said Housing Director
John Feldkamp. "These stu-
dents were involved in a very
dangerous activity."
Meda and Belfiori paint a dif-
ferent picture of the situation.
"We- were lighting stick
matches and seeing how long
we could hold them." said

Doilv Photo by ALAN BILINSKY
GEO members flocked to the Diag yesterday to show concern
for the strikifig AFSCME workers.'Here, two TA's take a
refreshing pause, five dollar fine dr not.
4Picketing: What
e9
is and, isn'lt legal
It's apparently impossible, even for lawyers, to deter-
mine exactly what picketers are - and what they are not -
allowed to do.
Strikes by public employes such as the members of
AFSCME are technically illegal by a state statute. But such
strikes are common, and public strikers are rarely served

5

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