THE Michigan Daily Vol LXXXIV, No. 68-S Ann Arbor, Michigan-Thursday, August 22, 1974 Ten Cents Twelve Pages Reuther declared official winner in Congressional primary election By GORDON ATCHESON John Reuther was declared yesterday the official winner of the 2nd Congres- sional District Democratic Party primary election by an 81-vote margin over Dr. Edward Pierce. However, Pierce announced he will ask for a recount of the extremely close Aug. 6 contest. THE OFFICIAL results gave Reuther 13,003 votes to 12,922 for Pierce. Three other candidates in the race trailed far behind the leaders. Pending approval of the final figures by the state government and the results of the recount, Pierce and Reuther will continue their joint campaign against incumbent Congressman Marvin Esch (R-Ann Arbor). The two Democrats launched a dual campaign two weeks ago to prevent a loss of momentum to Esch and it will continue until the recount is completed -which could be more than a month from now, "I'M glad we will be going ahead with the recount," Reuther said yesterday. "It's important we carry on and get this election resolved." Reuther added that he is pleased by the official results but made it clear he holds no bitterness toward Pierce for requesting a recount. "le owes it to himself and his cam- paign people," Reuther said. "We would do the same thing under the circum- stances." A PIERCE aide indicated his candidate has a good chance to pull out the elec- tion in a recount especially because of confusion surrounding the vote-counting procedures in two locations. In a Monroe County township the re- sults were not correctly reported on election night and may possibly still be inaccurate, according to members of the Pierce campaign. Locally between 25 and 50 absentee ballots were not counted on election night and their validity re- mains temporarily in question. "We are facing the recount as two compatriots who, because of the extreme closeness of the election, are not com- pletely sure of the victor and who want See REUTHER, Page 10 Circuit judge upholds Ypsi $5 pot law By CHERYL PILATE A Washtenaw County Circuit Judge yesterday upheld the con- stitutionality of Ypsilanti's $5 mari- juana ordinance - overturning a lower court ruling made last month. While upholding the ordinance, Circuit Court Judge Patrick Conlin voided the controversial clause pho- hibiting police officers from seek- ing prosecution of marijuana of- fenders under the stricter state law. CONLIN ruled that police must take all marijuana cases in Ypsilanti to the city attorney who will have the sole power to decide whether to prosecute under state or local law. The decision was issued as a result of a suit filed by Ypsilanti police officers who claimed they were caught between apparently conflicting state and local laws. The declaratory judgment states that despite the fact that marijuana is regu- lated by the 1971 Michigan Controlled Substances Act, "there is room for non- conflicting local marijuana laws." CONLIN'S opinion, which also states the need for flexible local laws to deal with nigh marijuana usage in university communities, elicited favorable reactions from Ypsilanti mayor and the city man- ager. "I am pleased to find out that the city's actions were correct and that the law was upheld," said Mayor George Goodman. "We did what we thought was right." City Manager Joseph Warren believes that the "will of the people" was affirm- ed in court yesterday. "IT IS pleasant when the city's posi- tion is maintained in court," he com- mented. The marijuana ordinance was approved by Ypsilanti voters in the April 1 city elections, but was later voided by 14th District Court Judge Thomas Shea, who declared the law unconstitutional be- cause is supposedly conflicts with the state law. - Shea's ruling came during the pre- liminary examination of David Gray, 19, whom police claim was attempting to Smuggle two joints concealed in a pack of cigarettes to his stepbrother at the Ypsilanti jail April 29. Following Shea's ruling, the Ypsilanti City Council instructed police to consult with Warren before charging anyone with a marijuana offense. Under Ypsilanti's ordinance, possession of marijuana with intent to deliver is a misdemeanor, while under state law it is a felony punishable by a $2,000 fine and up to four years in prison. Ann Arbor voters approved a similar law in the April elections in the form of a charter amendment which has been determined valid by State Attorney Gen- eral Frank Kelly and City Attorney Ed- win Pear. AP Photo Getting chewed out Dutchess, a lion in the Brookfield Zoo, in Brookfield, Ill., west of Chicago, takes matters into her own mouth when one of her cubs wanders too far from her. Dutchess is very protective of her 5-week-old cubs and had some snarls for the photographer.