BAND See Editorial Page 41it ga ~IaitF DIM yfigh-70 See Today for details Latest Deadline in the State Vol. LXXXVII, No. 9 Ann Arbor, Michigan-Saturday, September 18, 1976 Ten Cents E Eight Pages IF MU SEE NWWS HAPPEN CIL 6-MLIY Fountain of wisdom Capping an otherwise vaporous meeting of the Board of Regents, Regent Deane Baker sounded off on the lack of water fountains in Michigan Stadium. "The fountains," he said, "would supply water for those who are disinclined to pay a dollar for a Coca Cola." He added that the hot dogs, at 75 cents a shot, were no bargain either. Though, with his money, he could probably keep the whole stadium in hot dogs and coke this afternoon. Killing the iessenger Detroit Mayor Coleman Young has apparently blamed the news media for Detroit's nasty na- tional image. Young charged Thursday that both the national and local press dwell too much on the city's fiscal and crime problems, neglecting what he called "positive and warm things about the city." Young then told reporters about some of the swell things going on in Detroit these days, such as a trolly service to begin on Monday, and a recent, gradual decline in the city's crime rate. "We are solvent, we have a balanced budget. Our gangs don't compare with the gangs in New York," Young said. Happenings... . . . are topped, of course, by the Wolverine's showdown with Stanford at Michigan Stadium; kickoff time is 1:30 . . . PTP presents a produc- tion of Russell's "Five on the Black Hand Side," at 8:30 in the Frieze Building's Arena Theatre. Aside from that, you're on your own. 0 No dice The California Supreme Court ruled as uncon- stitutional the preferential treatment of blacks and other minorities being admitted to state uni- versities and colleges. The 6-1 ruling, announced Thursday, dropped the axe on a special admis- sions program designed to help black students at the University of California School of Medicine at Davis. The court described the program as "laudable" but added that the "divisive effect on such preferences needs no explication and raises serious doubts whether the advantages obtained by the few preferred are worth the inevitable cost to racial harmony." Officials of the Davis School of Medicine announced immediately that they would appeal the ruling. " Bomber overboard Navy leaders are puzzling over ways to raise an F-14 Tomcat fighter that rolled off the deck of the U. S. Aircraft John F. Kennedy and sank in near- ly 2,000 feet of water off Scotland, the navy said yesterday. They are known to be nervous about the aircraft's top-secret Phoenix missile, which sources said was on the $14 million plane when it sank. A Soviet cruiser was seen four to seven miles from the Kennedy after the Tomcat went down, a Navy spokesperson said. The spokesperson added that the Navy was "not prepared to say by what means" the aircraft would be retrieved. The Phoenix missile is capable of attacking six differ- ent targets simultaneously under all weather con- ditions. O Throw the book at him Former President Richard Nixon's memoirs on Watergate, now being written, will shed a "fan- tastic" light on the scandal that drove him from the White House in 1974, his publisher said Thurs- day. "It is a very strong, vivid, and personal ac- count," said Howard Kaminsky, president and publisher of Warner Books. The book is scheduled for worldwide publication next fall. Kaminsky would not disclose the financial terms of the book, but Irving (Swifty) Lazar, Nixon's literary agent, said that Nixon was offered $2.5 million for the rights to his book and that he easily will make $5 million from the sale of foreign rights. Nixon, Ka- minsky said, is writing the book by himself. He added that Nixon records a rough draft every day, then examines a transcript before making a final draft. We can hardly wait. 0 On the ini3de . . . . . . Editorial Page continues Harvey Wasser- man's series on nuclear power in the U. S. . . . House probe WASHINGTON (T) - The House voted yesterday to launch new investigations into the assassinations of President John F. Kennedy and civil rights leader Mar- tin Luther King. It adopted, 280 to 65, a resolution to set up a spe- cial investigating commit- tee. Sponsors said informa- tion never sifted thoroughly points to a conspiracy in the Kennedy case and to the possible involvement of more than one person in the King shooting. REP. THOMAS DOWNING, (D-VA.), told the House, "In the case of PresidentKennedy I am convinced there was a conspiracy involved. I do not know the identity of the con- spirators or their motives. That should be investigated in depth." Earlier, Speaker Carl Albert said he is designating Downing as chair'man of the 12-member select committee and Rep. Hen- ry Gonzalez (D-Tex.) as next- ranking Democrat. Both have long been active in efforts to reopen the assassination cases. Downing is retiring at the end of this year and Gonzalez would presumably succeed him as - chairman if, as is expected, the inquiry is renewed in the new Congress. Downing said a staff will be gathered and prelimi- nary inquiries made the rest of this year. DEL. WALTER FAUNTROY of the District of Columbia said "new information justifies this investigation" of the King T dea Wa Sou Con the FB the vin( tion "TI nev oug tria K Kin invE age Con "I ~ha I g with to 0 ml r to open JFK leaths 0 ath. Fauntroy served as shington director of the thern Christian Leadership nference when King headed organization. The shameful conduct of the I with respect to Martin Lu- r King is enough to con- ce us of the need for addi- nal investigation," he said. he King assassination has er been investigated thor- hly. There was never a l." ing's father, Martin Luther g Sr., refused to discuss the estigation at an antipoverty ncy meeting in New Haven, ,n. IF I WERE TO discuss it, at need?" he said. "When ot through with it, I'd still be hout a son." See HOUSE, Page 5 Fauntroy AP Photo This lime it's legal Former bank robber Willie Sutton transacts a little legitimate business in a Chicago bank. Sutton, out on parole from a 135-year prison sentence, describes himself as the "last of the gentleman robbers" and claims to have held up more than 100 banks for more than $1 million in his bank- robbing days. Court rules against McCarthiy debate bid From Wire Service Reports WASHINGTON-A Federal judge yesterday ruled against former Senator Eugene McCarthy in his bid to be included in the television debates between President Ford and Jimmy Carter. U.S. District Judge Aubrey Robinson ruled that independent presidential candidate McCarthy and American party candidate Tom Anderson should have taken their complaints to the Federal Communications Commission or to the Federal Election Commis- sion or both. ROBINSON SAID he has no authority to resolve the dispute because Congress has given that power to the regulatory com- missions. Robinson issued his ruling immediately after a 2 -hour hearing, saying he wanted to give attorneys a chance to appeal right away. "They have been alerted," the judge said in telling lawyers they must seek a decision from the U.S. Circuit Court of Appeals. "They are breathlessly awaiting you." McCARTHY HAD ASKED to be declared a "major" candidate to qualify under federal law to join the Ford-Carter debates, but Anderson asked that broadcast of the Carter-Ford debates be for- bidden because they would not be actual news events. Attorneys for both argued that broadcast debates limited only to the Democratic and Republican nominees violated FCC rules requiring fairness and equal time for all candidates. Both attorneys said they filed suit in District Court rather than going before the Federal Communications Commission or the Federal Election Commission because they did not believe either agency has authority to issue the injunctions they sought. THEY ALSO AGREED that if they were wrong on that joint they still would not have enough time to seek rulings from either See JUDGE, Page 8 WILL BAND PLAY FOR HALL? U unshaken by Communist suit By JIM TOBIN University officials reacted calmly yesterday to the news that a campus Communist Party organization, the Young Work- ers Liberation League, was serv- ing a suit demanding that 25-30 members of the Michigan Band play for the Sept. 24 appearance of Communist Party presidential candidate Gus Hall. Commenting on the League's action, President Robben Flem- ing said, "Welcomeato the club. We get sued . . . almost every day. It's just turned over to the attorneys. It occurs to me that it would be a very interesting thing to have a band perform that didn't want to." THE SUIT is actually being filed by five plaintiffs - the League, Gus Hall himself, the Marxist Forum (a campus group), the Michigan Hall-Tyner Campaign Committee, and an ad hoc campus group called "Friends of Hall-Tyner." Four defendants are named - the Board of Regents, Fleming, Vice-President for University Relations Michael Radock and Band Director George Cavender. League attorney Alan Kauf- Hall doesn't receive equal treat- ment, Kaufman says, the Uni- versity, in effect, has endorsed Ford. Chief University attorney Rod- erick Daane was out of town yesterday. An assistant to Daane, attorney John Ketelhut, cited several potential strategies "The band apparently m de the decision itself," Ketelhut continued. "That takes it out of the realm of state action; the University didn't compel it." Regarding an anticipated free- dom of speech argument, Ketel- hut said, "Where does a band really fit into all this? This is so incidental and insignificant in regard to what these laws are trying to protect. I would think that the people would come to hear what the guy has to say, and the band playing is just incidental to that." See 'U', Page 8 it occurs to me that it would be a very in- teresting thing to have a band perform that didn't want to.. -University President Robben Fleming man plans a case based upon the concept of equal protection un- der the law. He says that since Fleming and Radock consented to the band's appearance for Ford, they must compel it to play for any other serious can- didate who makes a request. If for defense. "THE BAND was present for the President of the United States, not for Gerald Ford," he said. "Of course, Gus Hall isn't the President of the United States. Socialist party candidate calls for full employment 'e reporters freed FRESNO, Calif. U - Four Fresno Bee DURING THE HEARING, it was revealed reporters were freed yesterday after 15 days for the first time that it was Rosato who made' in jail for refusing to reveal a confidential a promise of confidentiality to a source and source. remains the only member of the Bee Four Thee four men smiled when Superior Court who knows the name of the source. Judge Hollis Best sentenced them to five days Earlier, another one of the jailed newsmen, in jail as punishment for conviction on con- managing editor George Gruner testified that tempt charges - but gave them credit for the defendants' careers would be destroyed if time served. they revealed their source. AFTER AN ALL-DAY hearing aimed at "To violate (this ethic) would be to hold us showing that the reporters never would disclose up to scorn among other members of our a confidential source as ordered by the court, profession," Gruner said. the judge weighed his decision for about 30 DISCLOSURE ALSO "would have a chilling minutes and then agreed. effect on future sources," Gruner said. "This court is persuaded that the preponder- James Bort, former Bee city editor and now ance of evidence is established that there is an ombudsman, followed Gruned to the stand and articulated moral principle in the news media" reiterated his resolve to withhold the source asK not to disclose a source, said Best. a matter of professional ethics. "The court also concluded, using the burden Asst. County Counsel Max Robinson, repre- of proof, that there is no substantial likelihood senting the court, noted that appellate deci- By RICK SOBLE The dust had just begun to resettle around Crisler Arena yesterday when the vice-presi- dential candidate for the Social- ist Workers Party swept into town determined to kick up a storm of her own. Willie Mae Reid, the dynamic black woman running for the nation's second highest office on a ticket with fellow Socialist Peter Camejo, had the fiery ap- pearance of revivalist as she addressed a small crowd at the Michigan Union. THE SPEECH concentrated on what Reid considers the "num- ber one issue" of the '76 political campaigns-the economy. Reid compared the present state of the economy with its former condition 45 years ago, during the Great Depression. "We are once again facing a serious economic crisis," she asserted. . as ... t :ks. :2