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."