Vol. LXXXIV, No. 49-S Ann Arbor, Michign-Friday, July 26, 1974 Ten Cents Twelve Poges
Court rejects cross
district busing plan
5-4 vote repudiates Roth scheme
Facing the facts
Just before the afternoon session yesterday of the House Judiciary Committee's d e b ate on impeachment, Rep. Jack
Brooks (D-Texas) catches up on the news. The committee finished its opening round of debate last night and will begin
voting on articles of impeachment today. See story, page 3.
Youth home 'consultants'
By AP and UPI
WASHINGTON - The Supreme
Court ruled against cross-district
busing for racial balance yesterday
in a case involving late U.S. Dis-
trict Judge Stephen Roth's Detroit
school desegregation plan.
The high court agreed, however,
with Roth's finding that Detroit
schools are segregated and ordered
the formulation of a city-only
BY A 5-4 vote, the court ruled that
unless Michigan officials racially gerry-
mandered school district boundaries or
arranged for white students to attend
school in the suburbs "they were under
no constitutional duty to make pro-
vision for Negro students to do so."
The majority opinion written by Chief
Justice Warren Burger, was described
as "a giant step backwards" by Justice
Thurgood Marshall, the only black mem-
ber of the court.
"A Detroit-only plan simply has no
hope of achieving actual desegregation,"
JUSTICE William Douglas, in a sep-
arate dissent, said the decision will doom
blacks to attend inferior schools because
blacks are usually poorer.
The court held last year that it is
constitutional to finance schools through
property tax collections which vary be-
tween rich and poor districts.
The two decisions taken together add
up to a statement by the court that
there is no violation of constitutional
rights "though the schools are segre-
gated by race and though the black
schools are not only separate but in-
ferior," Douglas wrote.
DOUGLAS also subscribed to Mar-
shall's dissent, as did Justices Byron
White and William Brennan.
Burger, in his majority opinion, said
the interdistrict busing plan "would im-
pose on the outlying districts, not shown
to have committed any constitutional
violation, a wholly impermissible rem-
BEFORE the boundaries of separate
and autonomous school districts may be
set aside by consolidating the separate
units for remedial purposes or by im-
posing a cross-district remedy, it must
first be shown that there has been a
constitutional violation within one district
that produces a significant segregation
effect in another district," Burger wrote.
The decision is expected to affect de-
segregation cases which are in various
stages of court action in a number of
In Lansing, Governor William Milliken
and State Attorney General Frank Kelley
sxpressed satisfaction with the court's
decision. And all three Democratic can-
didates for governor said they were
pleased as well.
"It is a victory for reason," Milliken
said. "I am delighted that the highest
court in the land agreed that cross
district busing is not a permissable
remedy in this case."
deny llnk with
By CHERYL PILATE
and GORDON ATCHESON
At least 11 of 14 doctors listed as the
University Center's consulting medical
staff in documents submitted to the state
Department of Mental Health deny any
direct involvement with the facility.
The University Center, a local private
institution housing emotionally disturbed
adolescent males, is now being probed
hit local youth
by a U.S. Senate subcommittee for ap-
parent abuses including inadequate treat-
ment procedures, suspicious billing prac-
tices, and dealing of illegal drugs among
OWNED AND operated by Dr. Arnold
Kambly, who serves as the facility's only
psychiatrist, the center has no connec-
tion with the University.
Kambly presented the list to the
mental health department last October
when he sought licensing of the facility
as a psychiatric hospital. After a lengthy
investigation, the agency denied Kam-
bly's request on grounds that the in-
stitution provided a substandard psy-
.Although the 11 doctors say they have
treated a few of the center's residents
over the last several years, all of them
expressed astonishment at being con-
sidered staff consultants.
"I DON'T even know where the place
is," said Dr. William Rekshan, a radiolo-
gist at the Washtenaw X-ray Laboratory.
"The only thing I can figure out is that
their employes get chest x-rays at the
clinic where I work."
A staff member at the center would
not comment on the apparent irregulari-
ties concerning the consulting staff and
said Kambly would have to be asked.
Kambly could not be reached as he was
testifying before the Senate subcommit-
The only physician who considered
himself a member of the consulting staff
had treated only two of the center's
patients during the past two years.
WHILE NO clear-cut definition of the
term "staff consultant" exists, appoint-
ment generally involves a formal appli-
"In my opinion being a member of a
consulting staff is a formal arrangement
where the doctor, is in direct involve-
ment with the hospital," said Dr. Gilbert
Small, a local dentist listed by Kambly.
"I've never applied to be a consulting
staff member and have never talked to
A spokesperson for the Association of
Hospital Consultants in Washington, D.C.
said each hospital establishes its own
See CENTER, Page9