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December 08, 1976 - Image 1

Resource type:
Michigan Daily, 1976-12-08

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See Editorial Page

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Ann Arbor, Michigan-Wednesday, December 8, 1976 Ten Cents Eight Pages

University President Robben Fleming hassmade
a decision - as yet undisclosed - on the com-
plaints regarding the all-male campus society
Michigamua. The complaint, filed by two stu-
dents with the University and the Dept. of Health,
Education, and Welfare (HEW), charges the Uni-
versity with violating Title IX by providing assist-
ance to Michigamua. Gwen Baker, head of the
University's Affirmative Action office, conducted
a study of the group and presented its results
to Fleming. Vice-President for Student Services
Henry Johnson then met with members of Michi-
gamua and a University lawyer last week to dis-
cuss "different options" which might alleviate the
problem. The executive officers considered the
matter at their weekly meeting yesterday, and
Fleming's decision should be made public today.
Ensian winners
Here they are, camera freaks: the winners
of the 1976 annual Michiganensian photo contest.
The grand prize goes to James L. Terry. Tak-
ing the top three .places in the black and white
category, in descending order, are Steve Forrest,
l'ichael J. Fuller and Wade McCree, with Mark
Esterly and Michael Soltis earning honorable men-
tions. In the color division, first place goes to
James L. Terry (again), second to P. Dayanan-
dan, and third to James Terry (this is getting
redundant). Honorable mentions are awarded to
Janie Katz and some guy named James Terry.
All winners please contact the Ensian office at
764-0561 before Monday.
Jerry's IOU
With his salary and budget, you wouldn't think
President Ford gets behind in payi-g his bills,
but Ann Arbor officials have learned otherwise.
The White House still owes the city a good $8,681
for services rendered during the President's cam-
paign kickoff here last September. The bill, sent
to Ford more than six weeks ago, includes over
$8,000 for overtime pay to the 131 off-duty cops
who stood around watching for Squeaky Frommes,
and $300 for the food they ate. Give him another
week, then garnishee his wages if he hasn't paid,
we say.
Sour grapes
The Village Council of Paw Paw, Mich., host
for nine years of an annual four-day wine festi-'
val, say the affair has degenerated into an orgi-
astic revel that corrupts the small town's youth.
Village officials, who voted Monday to withdraw
support from next year's celebration, were aghast
last September at the "drunks falling on people's
front lawns and open sex in public places." "A
moral blot on Paw Paw," is how Police Chief
George Fadel characterized the event, during which
local vintners hand out free wine to all comers
and take them on tours of their wineries. Another
official said word spread among Michigan students
that Paw Paw, usually dry, was a "wide-open
town during those four days and they would come
from all over with a buck in their pockets."
Happenings .. .
.spew forth at noon with an open meedng
of the Women's. Commission, in the President's
Conference room of the Administration Bldg. ...
Prof. Susan Bach-Morss of the Center for Policy
Studies in Washington offers a lecture on "Adorno
and the Frankfurt School" at 3 p.m. in the Rack-
ham Assembly Hall ... Two University law school
professors, Terrence Sandalow and Donald Regan,
will discuss the legal rights of second parties to
challenge executions, at 3:30 p.m. in the Lawyer's
Club Lounge ... University of Kansas Prof. Robert

Enggass lectures on "Tiepolo and the Concept of
the Barocchetto" at 4:10 p.m., Aud. D, Angell
Hall ... the Residential College and the Interna-
tional Center sponsor a informational session on
travel in Europe at 4:15 p.m., RC Aud. in East
Quad ... RC Asst. Prof. Charles Bright leads a
discussion on incarceration and prisons at 7:30
p.m., MLB Lec. Rm. 2 ... The Association for
Self-Management' discusses "job enrichment" at
7:30 p.m., ^Rm. 3209 Michigan Union ... and Jun-
gian analyst Kathleen Carlson speaks on "The
Myth of Demeter and Persephone" at 8 p.m. at
Canterbury House, Catherine and Division.
On the inside .. .
Sports has the lowdown on last night's perform-
ance by the travelling Russian gymnasts (Olga
Korbut et. al.) in a story by Enid Goldman and
Brian Martin ... The Editorial Page features a
Pacific News Service report on western business-
men moving into Cuban territory ... and Mike Tay-
lor writes about an African musician who visited
the city last Monday for Arts.



By The Associated Press and -Reuter News Service
SAN FRANCISCO - California's death penalty sta-
tute was declared unconstitutional for the second time
within five years yesterday, probably saving 67 prison-
ers on death row from the gas chamber.
The seven-member -California Supreme Court struck down
the death penalty for the first time in 1972. Yesterday's unani-
mous ruling, written by Chief Justice Donald Wright, held that
California's new 1974 capital punishment law is invalid since
it violates current U.S. Supreme Court guidelines regarding im-
position of the death penalty.
THE DECISION SAID the state's death penalty law makes
death a mandatory punishment for those categories of first-
degree murder encompassed by the special circumstances ...
without provision or consideration of evidence of mitigating cir-
cumstances ..."




When the first law was struck down a number of cele-
brated murderers escaped execution, including Sharon Tate mur-
derer Charles Manson and five of his followers. They are now
serving life sentences,
Eleven months later California voters passed a referendum
by a two-to-one margin to restore the death penalty.
THE STATE LEGISLATURE,' following what it thought was
the line then being taken by the U.S. Supreme Court, passed
a new law making the death penalty mandatory for 11 crimes
including mass murder, killing an on-duty policeman, burglary,
rape or kidnaping. Under the law, a jury or judge would first
determine guilt or innocence and then, if guilty, determine if
the death penalty fit the case.
Yesterday's decision involved the case of Steven Rockwell,
25, of Sepulveda, who was convicted in Ventura County Superior
Court of the murder, kidnaping and rape of Linda Beth Coverly
on May 11, 1976.

Following his conviction, the jury failed to reach
in the penalty phase of the trial. Rockwell then asked
Supreme Court to bar a retrial on the second phase
the aggravating circumstances were brought out.

a verdict
the state
in which

HE CONTENDED RETRIAL was improper because the law
providing the death penalty upon a finding of aggravating cir-
cumstances is unconstitutional.
The state had alleged the victim was killed to prevent testi-
mony as a witness, that the slaying was committed during a
kidnaping and during a rape. California law imposed the man-
datory death penalty for persons convicted of murder under such
The tribunal agreed to review the petition and barred the
second phase retrial.
THE COURT POINTED OUT that a sentence of life impri-
sonment was proper in such a case since the death penalty could
not be imposed.
The court noted that the U.S. Supreme Court's decision in
a Georgia case providing for the death penalty may neither make
that penalty mandatory nor give that jury or judge absolute dis-
cretion in the choice of life or death. However, the state court
said the rulings directed that standards be required so that the
sentencing authority wouldl "focus the particularized circumstanc-
es of the crime and the defendant."
One of the California Judges, Justice William Clark, criticised
the U.S. court for failing to make its opinions clear in its death
See CALIF., Page 8
re sarCl goes 01
or Carter's cabiet

By AP and Reuter
A T L A N T A, Ga. - Jim-
my Carter's talent hunt con-
tinued here yesterday, as the
President - elect conferred with
several former government of-
ficials thought to be leading
candidates for cabinet posts.
Y e s t e r d a y 's partici-
plants were heavily weighted
with experience in defense and'
natio'al security and came
fron bothaDemocraticand Re-
pilhlican administrations.
James Schlesinger, the for-
rmer CIA chief whom President
Ford fired as secretary of de-
fense, was the highest ranking
former official meeting with
the President - elect.
THE FIRST TO arrive at the
Governor's mansion, where
Carter is making temporary
headquarters, was Patricia

Roberts Harris, the former
dean of the predominantly black
Howard University Law School
in Washington and one-time am-
bassador to Luxembourg. She is
thought to be a candidate for
Attorney General.
Later Carter. met with Paul
Warnke, assistant Defense Sec-
retary in the Johnson Admin-
istration and Professor Ziegniew
Brzezinski of Columbia Univer-
sity who is a leading candidate
for National Security Adviser.
Carter told reporters yester-
day that some of the people he
has s-)oken to were here to
give him advice on problems he
may face and were not neces-
sarily candidates for his cabi-
ONE OF THOSE was sched-
See CABINET, Page 8

JWoman in flight
Russian woman gymnast Ludmilla Tourischeva executes a brilliant aerial split during herfloor exercise demonstration. Seven-
teen Soviet gymnasts appeared last night at Crisler arena, before a capacity audience of over 13,600. (See story, Page 7)

Plan limits

Proposed new regulations for
controlling access to sensitive
personal information and other
University records are being
well-received by 'U' admini-
strators but have met some
criticism from student repre-
,The plan would set up a code
of rights and responsibilities for
students, staff and faculty mem-
bers on whom the University
keeps records, and similar
rights and duties for 'U' de-
partments that use. this data.
It also calls for a University
Committee on Rights of Privacy
and Access to Information
(UCRPAI) - consisting of fac-
ulty, students and administra-
tors - to mediate disputes and

handle appeals under the guide-
seven administrators chosen by
Vice-President for Academic
Affairs Frank Rhodes produced
the plan in response to Rhodes'
concern that computer storage
of personnel information was
leading to. "the danger that un-
authorized people would get ac-
cess to files." He directed the
group to strike a balance be-
tween #'the right of the indi-
vidual to privacy and the need
for information."
The committee began its work
in January, 1975 and issued its
report in November. After be-
ing circulated for comment, the
proposals will return to the ad-
ministration for final review.
While claiming that the cost

would be "prohibitive" in the
,short run, the report calls on
the University to phase out the
use of social security numbers.
as identifiers for student and
iemployee records. Provisions
of the federal Privacy Act of
1974 seek to limit use of social
security numbers for record
keeping because of the threat
to individual privacy created by
a universal data storage sys-


tem based on the S.S. number.
eral regulation, the University
proposal would prohibit release
of students or staff social se-
curity numbers except as re-
quired by the government.
Among the suggested rights
for subjects of University rec-
ords would be the right to ex-
See 'U', Page 3,

First swine flu cease
" "
confirmed i Wise.
ATLANTA (/P) - Government scientists have confirmed that
a Wisconsin man suffered from swine flu, a spokesperson for the
national Center for Disease Control (CDC) said yesterday.
"Material testing by the CDC is positive for swine influenza
A-New Jersey-76," said information officer Don Berreth.
"FURTHER INVESTIGATION is necessary before the signifi-
cance of the swine flu can be assessed," he said.
Officials in Wisconsin '-- indicated last weekend that Don

Despair for many
during time of joy
Winter holidays are a time to rejoice and to visit with
loved ones - but the yuletide also sends many troubled per-
sons into periods of depression or to the brink of suicide.
"A lot of people are out there singing 'Tis the Season to
be Jolly'," observed Ken Feiner, training coordinator and
counselor at 764-HELP 4Crisis Center, but not everybody is
smiling. -
"TH FAC thtsm
"THE FACT that some people are not happy increases
their feelings of alienation and isolation, particularly feelings
of hurt, guilt, loneliness, or anger," leiner explained. "They
can be angry at parents, brothers or sisters for not being
Feiner said the seasonal depression period runs from
the week before Thanksgiving until the week after New
See DESPAIR, Page 8

MUTOMBO-MPANYA, a native of Zaire, talks about the
struggle for black liberation in southern Africa yesterday
at the Friends Hlouse.
S. Arlca experts
decry racist culture
Apartheid in South Africa is "a complex practical system
for the subjugation of some to the advaintage of others," said
James Stewart, a white South African and professor of African
literature at Notre Dame University.
Stewart and Mutombo-Mpanya, a native of Zaire, discussed
racial strife in southern Africa between speaking engagements at
the University yes'erday.
STEWART CALLED THE struggle of black against white in
South Africa "part of a liberation struggle that is common to
Mu'ombo-Mpanya, who works with the problems of economic
development in southern Africa, added, "No African thinks that


H a r r i s, .a Brodhead fat..
worker, had contracted swine
His case is the first confirm-
ed this fall by analysis of throat
cultures, Berreth said.
phone lineman, Larry Hardison,
is believed to have suffered the
disease in late October, but
throat ctires that might have
shown viral infection could not

U.N. re-elects Waldheim

Kurt Waldheim, the Austrian
diplomat who has tangled with
the United States over Vietnam
and other issues during his five
years as U.N. secretary-general,

mentioned in recent months, dip-
lomats emerging from the clos-
ed meeting said former Mexican
President Luis Echeverria was
the only other person, actually



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