Page 2-Tuesday, June 12, The Michigan Daily
Ban on abortion
LANSING (UPI) - The Michigan
Court of Appeals yesterday delayed
implementation of a lower court
decision banning the use of state funds
for welfare abortions.
The appeals court agreed to review
the entire ruling on an emergency
basis, but a decision will not come
before late July.
A three-judge appeals court panel
granted the state's motion for a stay of
Ingham County Circuit Judge Jack
Warren's ruling, pending its full review
of the case.
IN A DECISION issued June 1,
Warren said Gov. William Milliken
overstepped his legal authority in
vetoing from the Medicaid budget
language which would have stopped
welfare abortions.
Warren's decision went into effect
only last Thursday, at which point the
state was prohibited from issuing
checks to doctors to pay for abortions
performed on welfare recipiets.
Social services officials said the
speed with which the appeals court ac-
ted in issuing a stay of the order allows
state payment of welfare abortions to
continue virtually uninterrupted.
SEN. - JOHN Welborn, (R-
Kalamazoo), one of two lawmakers
who brought the legal action against
Milliken, was disappointed by the ap-
peals court's decision to stay Warren's
order.
"What it means is that the governor
and the executive office will be able to
continue what I think is totally uncon-
stitutional authority, violating-
legislative intent and the Constitution,"
the Kalamazoo Republican said.
"The effects of the stay are that 33
additional abortions will be performed
a day and at a cost to the taxpayers of
$7,000 a day," he added.
funding
Welborn said he had not yet decided
whether to ask the appeals court to
reconsider delaying implementation of
Warren's order or appealing it to the -
Supreme Court.
"THE PROBLEM is dollars," he
said.
"The people who are the plaintiffs are
utilizing private funds and fighting
government money. The governor's
constitutional authority is being
questioned with private money and the
government is utilizing unlimited fun-
ds."
Welborn said Milliken "totally and in-
tentionally violated the Constitution by
circumventing the legislative intent
and vetoing money into a bill."
WARREN AGREED, saying the
governor can use his line item veto to
take money out of a bill, but he cannot
use it to erase restrictions and
therefore allocate funds not ap-
delayed
propriated by the legislature.
The appeals court ordered written
arguments to be filed by July 9 and,,
scheduled ahearing on the case for July
19.
Chief deputy state social services
director Paul Allen said the state
received "a lot of phone calls about
abortions that were imminent."
"WE HAVE THE feeling a lot of them
went ahead anyway," he said.
Allen said that in addition to being
barred from paying for future welfare
abortions, the state also would not have
been allowed to pay for abortions for
which paper work was just being
received by doctors.
He said the state, in preparing to im-
plement Warren's ruling changed its
computer program to stop payment for
past and future abortions.
Payments now will go out as usual, he
said.
Nicaraguan rebellion
halts exit of Americans
University board
appointment proposed
(Continued from Page1),
Managua in private capacities. Most of
the private citizens were from
missionary families.
At his news conference, Somoza, 53,
said he had no intention of resigning.
SPEAKING IN his fortified com-
pound as gunfire boomed in the
background and columns of black
smoke rose in the distance, the
president estimated that up to 1,300
Nicaraguans, including 300 members of
the national guard, had been killed or
injured in two weeks of fighting.
Another 1,500 are estimated to have
died during a two-week Sandinista of-
fensive in September, and 1,500 more
since.
Juanita Habron, wife of a U.S. Agen-
cy for International Development of-
ficial, said she wanted to leave because
"I've got two teen-age boys, and you
just don't want your teen-age boys in
Nicaragua now." Troops have been
reported rounding up some teen-age
boys, presumably on suspicion of aiding
the Sandinistas.
THE AMERICANS were moved to
the hilltop residence of the U.S. am-
bassador. Ambassador Larry Pezzullo,
recently appointed, is not in the coun-
try, but is expected to arrive after June
15, The residence sits on a hill
overlooking western Managua. An em-
bassy officer said it would be "easier to
defend, if it comes to that."
State Department spokesman Tom
Reston said in Washington that em-
bassy staff members had been ordered
to send dependents out of the country
and that non-essential employees of the
embassy also would leave. He said the
embassy would tell other Americans of
its action, "but we are not advising
them to leave."
Reston said about 3,000 Americans
were in the country two weeks ago, and
many are thought to have left already.
DO YOU SOMETIMES HAVE DIFFICULTY
-asking professors for extensions on papers?
-telling your friends that you really care?
-showing anger when people cut ahead of you
in line?
If you are interested in working on these and other assertion
problems . . . Peer Counselors at Counseling Services is
looking for students who are interested in joining us for a
ONE-DAY WORKSHOP
JUNE 14 in
ASSERTIVENESS TRAINING
7-10:30 p.m.
Assertiveness Training is a strategy for increasing our ability
to respect our own individual rights and to clearly express
ourselves without infringing on the rights of others.
To register or obtain more information, please call
76 Guide or drop In at the 76 Guide desk, First floor
Michigan Union, 10-5 Mon.-Fri.
Sponsored by Peer Counselors at Counseling Services
(Continued from Page 1)
cnances of passage would depend on
whether the senators can adequately
inform other legislators, represen-
tatives, and the public about the alleged
merits of the bill.
The proposed amendment to the state
constitution would first be required to
pass with at least a two-thirds vote in
both the state House and State Senate
before being placedon a state ballot. A
simple majority vote of the electorate
would add the proposed amendment to
the constitution.
As it stands now, the proposed
measure would require the governor to
appoint members to each of the three
eight-member boards. Not more than
four on each board could be from the
same political party - Democrats
currently hold a 6-2 majority on the
University Board of Regents - and the
terms of not more than two on each
board would expire in the same year.
ENGLER SAID less than one per cent
of state voters know the candidates for
the governing boards, so that to claim
the bill would be taking it out of the
hands of people is no good."
Bearup noted that one of five people
voting in state elections do not vote for
the candidates who govern the univer-
sities.
MSU Trustee Aubrey Radcliffe (R-
East Lansing) defended the univer-
sity's board and its selection of
Mackey, saying, "We got a super can-
didate, and that's the bottom line."
RADCLIFFE SAID he thought appoin-
ting governing members to university
boards would achieve the same ends as
appointing state legislators.
THE MICHIGAN DAILY
(USPS 344-900)
Voume LXXXIX No. -29S
Tuesday, June 12,1979
is edited and mansged by students at
the University of Michigan. Published
daily Tuesday through Sunday morn-
ings during the University year at 420
Maynard Street, Ann Arbor, Michigan
41109. Subscription rates: $12 Septem-
ber through April (2 semesters)-;13by
mail outside Ann Arbor. Summer ses-
sion published Tuesday through Satur-
day mornings. Subscription rates:
$6.50 in Ann Arbor; $7.00 by mail out-
side Ann Arbor. Second class postage
paid at Ann Arbor, Michigan. POST-
MASTER: Send address changes to
THE MICHIGAN DAILY, 420 Maynard
Street; Ann Arbor, MI 48109.
University Regent Robert Nederlan-
der (D-Birmingham) defended the
electoral system of representation and
said, "By and large, the system has
always been successful at Michigan. I
see no reason to change."
Currently, board candidates are
chosen by a nominating convention,
which Engler sees as being more con-
cerned with balancing the ticket than
improving higher education.
"IT JUST doesn't lend itself to selec-
ting good people," Engler said, but ad-
ded that the University's Board of
Regents have been "kind of the excep-
tion."
Regent Sarah Power (D-Ann Arbor)
said she thought that either "good or
' poor" people could result from elected
or appointed boards.
Engler said the bill should not be con-
strued as a partisan attempt to enable
Gov. William Milliken to make more
appointments because by the time a
law would take effect, Milliken would
also be up for election. The appoin-
tments would be subject to approval of
the state senate.
The bill will probably be referred to
the education committee, of which both
Engler and Sederburg are members,
Engler said.
Similar measures introduced in past
years have failed.
H e *
Hijacker
forces jet
to Havana
(Cotined omsPageit
the pilot felt free to talk at the time.
The FAA spokesman said the State
Department "has been in contact with
the Cuban government and ... there
doesn't appear to be any problem bet-
ween the U.S. and the Cuban gover-
nment."
ANOTHER DELTA spokesman,
William Berry, said the plane "was
diverted" as it passed near
Wilmington, N.C., about 7 p.m. when "a
man entered the flight deck and
demanded to be flown to Havana,
Cuba."