C4 C trl ig rt tt1 BLAH High-78 Low-53 Partly cloudy, chance of showers Vol. LXXXII, No. 36-S Ann Arbor, Michigon-Friday, July 7, 1972 Ten Cents Twelve Pages Dems-' tension over delegates mounts fByr PAUL TRAVIS Special to The Daily MIAMI BEACH - A cloud of tension and uncertainty hangs over this hot, muggy city as more and more Democrats arrive for what is sure to be a bitter convention. Many are fearful that the re- sults may split the Democratic Party so widely that it will have no chance of defeating Presi- dent Nixon in November. The lines have already been drawn for the all-important cre- dential challenges Monday night as party regulars and McGovern reformers prepare to do battle. Each side is putting forth a united front and confidently pre- dieting victory, but the final out- come may rest on a number of procedural questions. The fighting may not all be on the convention floor, however, as a coalition of poor peoples groups are planning a major de- monstration Monda if their de- mands for 750 delegate votes are not met. It now appears that The Democratic Convention young whites, hippies, yippies apd zippies may not show up in mass numbers for fear of ruin- ing McGovern's chances for the nomination. The tone of the protests and outcome of the convention may rest heavily on the results of the opening night. Monday night the entire convention will have to decide whether or not McGovern will be -allowed to keep all 271 delegates he won in the Cali- fornia primary or whether 151 delegate seats will be distributed proportionally to the other can- didates who ran in that pri- mary. The convention will also decide the fate of Chicago Mayor Rich- ard Daley and his slate of 59 Il- linois delegates who were unseat- ed by McGovern forces last week at the Credentials Committee hearings in Washington. Both matters are presently be- ,ng appealed to the Supreme Court, but it appears likely that the final decision will rest with the convention. The outcome may hinge on what order the credential challenges come up. If Californ a precedes Illinois, as according to roll call, then the 59 newly seated Illinois dele- gates will be eligible to vote on the California challenge. At least 50 are counted as sure Mc- Govern votes, which should sup- ply the margin to decide t he California question. But if Illinois precedes C a 1 i- fornia, then the anti-McGovern forces may have enough votes to return Daley and his delegation to their seats and go on to win the California vote with the help of the Daley forces. Whatever the outcome, there are fears that the Democratic Party may not be able to survive the antagonism that the floor fights are sure to generate. More and more party regulars and influential labor leaders have said that McGovern spells certain doom for the party in November. Calling him "another Goldwater" some have indicated that they would give little if any support to McGovern if he runs against Nixon in the November election. This is adding fuel to t h e strong "stop McGovern" move- ment, a coalition of Humphrey, Muskie, Wallace, Jackson and Mills forces which banded togeth- er in Washington to deny Mc- Govern the total California dele- gation. The focus of the "stop See TENSION, Page 9 Supreme Court may decide fate of Cal. WASHINGTON -- Chief Justice Warren Burger yes- terday blocked indefinitely a lower court decision that re- turned to Sen. George Mc- Govern 151 California dele- gates to the Democratic Na- tional Convention. Burger acted as he attempted to contact the other eight vaca- t'oning U.S. Supreme Court Justices to learn if there is sufficient support to call for a rare special session to decide the case. Also suspended by the Chief Justice's action was the second portion of the District of Colum- bia Appeals Court decision which upheld the Credentials Com- mittee's expuls'on of Chicago Mayor Richard J. Daley and 58 other Illinois delegates. The Appeals Court earlier is- sued a stay of its own decision that was scheduled to expire at 2 p.m. yesterday. Burger's one sentence order, issued shortly before that hour, extended the existing stay till further action by the high court. The Democratic Party asked the high court to convene a rare special term to hear its appeal. The party contends that lower court intervention in delegate selection "very likely" will place the federal judiciary in the role of convention kingmaker. At the same time, Daley forces have asked vacationing justices to sit in special term to gain judicial action reinstating them as delegates. The court may sit with as few as six of the nie justices pres- ent. The appeals court Wednesday overturned the party's Creden- tials Committee and ordered 151 California delegates returned-to Sen. George S. McGovern. The delegates committee had stripped them from the South Dakota senator when. it decided to reverse the winner-take-all state primary and parcel out delegates to can- didates according to the per- centage of the primary vote they received. At the same time, the court upheld the committee's rights to unseat Daley and 58 other Illinois delegates after finding they vio- lated party rules on delegate selection. In asking the high court to consider the case, the Demo- cratic Party claimed the lower court decision "has provoked a fundamental constitutional crisis which can be settled only by this court." Today is .. . the last day for registering to vote if you want to vote in the August 8 primary elections. You can register at the public lib- rary or City Hall, third floor, from 8 a.m. to 8 p.m. Use the Power! The seating of the California delegates, the party brief said, "and vy likely the presiden- tial nomination itself-will be de- termined, not by the political process operative at the conven- tion but by the mandate of a lower federal court." The Democrats contended the decision threatens to cause a fundamental c h a n g e in the American political system by expanding the role of the judi- ciary into the affairs of political parties further than ever before. McGovern forces opposed the party bid, saying "it Js par- ticularly important that the pro- cess in which the nominees of the two major political parties are selected conform to the dic- tates of due process, equal pro- tection of the law." -Associated Press A HUGE PHOTO mural of the late Robert Kennedy hangs in the Miami Beach convention hall as final preparations are made yesterday for the Democratic National Convention. ANTI-WAR ACT: New 7egal' bomb crater dug on RPPheadquarters lawn By DAN BIDDLE Avoiding further illegal anti- war tactics, the Rainbow Peo- ple's Party (RPP)' has created a gaping hole in the middle of its front lawn. Some 75 shovel - swinging Rainbow people gathered Tues- day at the Hill Street head- quarters for a symbolic bomb crater dig in an effort to call further attention to the devas- tation of Indochina by the U.S. war effort. RPP said that the latest dig was held on Rainbow property to avoid "having any police around to knock people down or drag them off to jail." Two earlier protest digs on the Diag led to the arrest of 38 people for malicious destruction of property and other charges. RPP member Genie Plamon- don said the new crater is in- tended to "give the people of Ann Arbpr a real sense of the, destruction and terror suffered by the people of Indochina ev- ery day from U.S. bombs." RPP is encouraging home- owners "throughout Michigan and the nation" to dig more symbolic craters on their pro- perty. According to Plamondon, crater digs are planned in At- lanta, Ga., and other cities. Meanwhile, four people are scheduled to go on trial July 20 for charges of willful and malicious destruction of. Uni- versity property at the original May 19 Diag crater dig. All four have pleaded not guilty. They face a maximum pen- alty of 90 days imprisonment or a $100 fine if convicted. Thomas Bentley, the defense attorney for the four, recently described the charges as "un- justified," and claimed that he had "a very good chance" of winning the case. Thirty-five people arrested at the June 17 Diag crater dig face a pre-trial conference this Tuesday on charges ranging from possession of illegal fire- crackers to assaulting of a po-. lice officer. RPP is presently gathering evidence of alleged police bru- tality at the June 17 dig. Pla- mondon said the Rainbow Peo- ple may "bring charges of ex- cessive force" by police. Ann Arbor police Chief Wal- ter Krasny said, "The force that we used was nacessary and can be tested in court." $5 pot 'fine unused See Story, Page 3