A DAY
IN THE LIFE
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Vol. LXXX, No. 21 -S Ann Arbor, Michigan-Thursday, June 4, 1970 Ten Cents

Four Pages

APPELLATE DECISION:

Court
Newto

deies
n bail

SAN FRANCISCO UM-The State Court of Appeal denied
without comment yesterday bail for Huey Newton, Black
Panther co-founder held in the 1967 shooting of an Oakland
policeman.
Attorney Charles Garry had asked bail for Newton Mon-
day after the 28-year-old Panther's manslaughter convic-
tion was set aside by the appellate court last Friday.
"I am disappointed that the court did not carry out its
responsibility," Garry said of the bail denial.
"I don't know what we are going to do yet. We will have to
think about whether we will go to the Supreme Court for
ball."

Newton has been held wit
Hearingfs
on" trains
to begin
By ROB BIER
Two hearings will be held to-
day concerning the request of the
Pennsylvania Central Railroad for
discontinuance of six of seven pas-
senger runs serving Ann Arbor.
The hearings will be held before
Interstate Commerce Commission
examiners at 9:30 a.m. and 7 p.m.
in the Commercial Fisheries Bldg.,
1451 Green Rd.
Penn Central is requesting per-
mission from the ICC to suspend
passenger service on 34 lines west
' of Buffalo, N. Y. and Harrisburg,
Pa. The Ann Arbor hearings are
part of a series of hearings being
held in cities where service is
threatened.
City Attorney Jerald Lax, who
has helped coordinate local oppo-
sition to the closings, says at least
35 people are expected to testify
today. Although the number is
not large, Lax said it was a
healthy one.
Ann Arbor is one of the few
cities to have two hearings sched-
uled. Originally, only the morning
session was to be held, but Lax
phoned and wrote the ICC protest-
ing the morning hour when many
witnesses would not be able to at-
tend. Last week, the ICC scheduled
the second hearing.
The trains involved in the local
hearings are three round-trip
trains between Chicago and Buf-
falo which serve Detroit, Ann Ar-
bor, Jackson, Battle Cheek, Kal-
amazoo and Niles.
The Ann Arbor City Council,
the city planning department and
the Michigan Public Services
Commission have all publically
opposed the proposed stoppages.
Most, of the people expected to
testify have been users of the
trains at some time, while others
are interested in the economics
of transportation or the environ-
mental value of mass t r a n s i t.
Many of the potential witnesses
attended a strategy meeting last
night in City Hall to learn what
will be expected of them and how
to present testimony.
The proposed Penn Central clos-
ing is one of many which have
been occuring in increasing num-
bers across the nation in recent
years. However, if granted, the
closing of 34 Penn Central pas-
senger lines would be the highest
such closing on record. Previously,
most stoppages have been one line
at a time, the record being six..

thout bail since his convictionI
Sept. 27,- 1968, in the fatal
shooting of Oakland police-
man John Frey.
The Court of Appeal overturned
the conviction, holding that the
jury was not instructed properly
on Newton's claim he was uncon-
cious from a bullet wound in the
stomach at the time Frey was
shot.
Justices Joseph Rattigan, Pres-
ton Devine and Winslow Christian
returned a unanimous 51 page
decision overturning the conviction
last Friday.
The state is expected to appeal
the decision setting the convic-
tion aside and to ask that Newton
be tried again in Alameda Super-
ior Court..
A second trial could be on a
manslaughter charge. The state
prosecuted Newton on a murder
charge the first time, charging he
shot Frey five times and wounded
Frey's partner Herbert Heans
after the two policemen stopped a
car Newton was driving.
The shootout on Oct. 28, 1967
came after Frey halted a car
Newton was driving. Heans came
to Frey's aid, and the shooting
left Frey dead and Heans wound-
ed. i
Newton was shot in the abdo-
men and testified that he was un-
conscious or semi-conscious from
the time he was wounded until he
found himself at the entrance of
a hospital with no knowledge of
how he arrived there.
The appeal court upheld Gar-
ry's assertion that there was a
p r e j u d i c i a l error in the trial
judge's failure to instruct the jury
that unconsciousness could be a
complete defense to a charge of
criminal homicide.
Newton is currently serving a
two to 15 yeas prison sentence in
the California Men's Colony at
San Luis Obispo, and twice has
been denied parole.

-Associated Press
Maring the clean sweep
Smarting from criticism that they have become an undesirable element in the French Quarter,
New Orleans self-styled hippies sweep the sidewalks and gutters of littered Bourbon street yester-
day to show that "we give a damn about the French Quarter." More than 30 volunteers joined the
effort, quickly suported by city goveirnment officials who provided heavy duty brooms, plastic trash
bags and a pickup truck. "If they would come down here the day after Mardi Gras it would really
help," admitted Sanitation Supt. John West.
PUBLIC HOUSING:
Controversy resu-mes

Nixon
planI
from
WASHINGTON (N - Presi-
dent Nixon last night told the
nation t h a t "all our major
military objectives" in Cam-
bodia have been achieved and
that 50,000 American fighting
men will be withdrawn from
South Vietnam by Oct. 15.
He said in an address prepared
for live television-radio delivery
from his oval office that with-
drawals have been resumed, and
also disclosed that more than half
the 31,000 American troops who
entered Cambodia "have already
returned to Vietnam."
ThePresident added that a 11
others - including air support,
logistics and advisory personnel-
will be out by the June 30 dead-
line he fixed a month ago and
that now "we can say with con-
fidence that we will keep o u r
timetable for troop withdrawals."
Nixon also acknowledged that
his decision to intervene in Cam-
bodia had precipitated an "un-
precedented barage of criticism"s
on the home-front and voiced an
appeal for solid support for his
policies:
"We have a program for peace
- and the greater the support the
administration receives in its ef-
forts, the greater the opportunity
to win that just peace we all de-
sire.
"As long as the war goes on,"
Nixon said, "we can expect set-
backs and reversals. But, follow-
ing the success of this effort, we
can say with confidence that we
will keep our timetable for troop
withdrawals."
OnApril 20, ten daysrbefore he
ordered American forces i nt o
Cambodia, the President had an-
nounced that an additional 150,-
000 American troops w o u d be
brought home from the war zone
within a year.
Nixon said that "as a result of
the success of the Cambodian op-
erations," Secretary of Defense
Melvin R. L a i r d "has resumed
withdrawal of American troops
from Vietnam" and will pull out
50,000 of the year-long objective
by Oct. 15.
The President said:
"To the North Vietnamese to-
night I say again the door to a
negotiated peace remains wide
open. Every offer we have made
at the conference table, publicly
or privately I herewith reaffirm.
We are ready to negotiate, when-
ever theyeare ready to negotiate.
( "However," he warned, "if their
answer to our troop withdrawal
program, and to our offer to ne-
gotiate, is to increase their attacks
in a way that jeopardizes the
safety of our remaining forces in
Vietnam, I shall, as my action five
weeks ago demonstrated, take
strong and effective measures to
deal with that situation."
While promising the pullout of
50,000 Americans by Oct. 15, Nixon
still left himself considerable lee-
way for maneuver. Were the entire
150,000 men to be withdrawn at a
steady rate over the one-year per-
iod he fixed on April 20, total
withdrawals by Oct. 15 would
have approached 75,000.
The chief executive dealt also

with home-front dissension ignited
by his decision to commit Ameri-
can forces in Cambodia but in-
sisted, "Our differences are over
the best means to achieve a just
peace."
"When I first announced the
decision on Cambodia," Nixon
added, "it was subjected to an
See NIXON, Page 3

Cambodia

;o

withdraw

confirms

-Associated Press
The President after his speech

over
By HARVARD VALLA
Controversy over the pl
low income housing units
of the city's "silk stocking'
borhoods was renewed yi
as a group of homeown
nounced plans to provide a
number of private apartm
their neighborhood.
The group, which include
man of the economics dep
Harvey Brazer, obtained a
in March to buy the Alph
Pi fraternity property atf
Onandaga Streets. The cit
ing commission had been
ering the site for a public

NCE Several area residents who op
acing of posed the purchase have charge(
in one that the move was designed t
"neigh- prevent blacks from moving int
esterday the city's "prestige" neighbor
ers an- hoods.
limited Andrew Zweifler, a professor o
rents in internal medicine said the group'
proposal-to renovate the frater
s chair- nity house to provide eight on
artment and two bedroom apartments-fel
n option far short of what the city had it
La Delta mind for that site in terms o
Hill and public housing needs.
y hous- He claimed that the small apart
consid- ments would not be suitable fo
project. the large families which typify lop



Landlords reverse court tactics,
sue for possession, back rent

rope rty
income tenants. Zweifler further
d asserted that the high cost of the
o renovation might result in rela-
o tively high rents.
- Brazer has consistently denied
that the purchase of the option to
f buy the property was a move to
s undermine the city's public hous-
- ing program.
1e Following yesterday's announce-
ll ment, he repeated his earlier as-
n sertion that the group's action
f would provide for a low income
housing site that was more com-
- patible with the interests of both
r low income tenants and the cur-
w rent residents of the area.
Brazer added that a large num-
ber of low income families placed
in the middle of an area of $40,000
t$100,000 homes might split the
neighborhood into two distinct
communities. He added that a
smaller number of families would
be more easily integrated into the
community.
e The old fraternity house, Brazer
continued, was far more attractive
r than the usual public housing
t units, and indicated that the pro-
t. posal constitutes a compromise
d between widely varying opinions
y in the community.
Some of the residents who help-
ed to purchase the option were
- completely opposed to the intro-
duction of low-income families in-
t to the area, Brazer said, but the
g predominant mood of the group
d was to help satisfy the needs of
poor families and to find a plan
compatible with the present nature
p of the area.
r A change in the city zoning
e ordinance required for approval
e of the group's proposal is likely
to come before City Council in the
e next several months. Brazer said
g he was "quite hopefull" that Coun-
S;cil would approve the proposal.

Senate defeats move to
extend Cambodia aid
WASHINGTON UP - Senators working to limit U.S. in-
volvement in Cambodia yesterday won the first important
test of a three-week-old debate although any final action
on their attempts still appears far off.
In a 54 to 36 vote, the Senate rejected a proposal by Sen.
Robert J. Dole (R-Kan.) to give President Nixon a free hand
in Cambodia so long as North Vietnam holds American pris-
oners there.
The vote, first of a series on expected attempts to weak-
en the pending Cooper-Church amendment, came as Nixon
prepared to address the nation on progress of the U.S. opera-
tion in Cambodia.
In the House, war critics lost in an effort to attach a
$6-billion cut in d e f e n s e

By HESTER PULLING
In a reversal of last January's
decision to obtain a directed ver-
dict against their tenants, two
major Ann Arbor landlords will
sue for possession of the apart-
ment and full back rent in their
four remaining cases.
Use of the directed verdict-
the tactic of D. A. Rankin, Apart-
ments' Limited and Ann Arbor
Trust during the last five months
-entailed suits only for posses-
sion of apartments and not for
possession and back rent.
In cases prior to January land-
lords had asked for possession and

full back rent. The majority of
them resulted in rent reductions
for tenants after testimony in-
dicated that landlords had not
lived up to the terms of their
leases.
Under the newer tactic which
only asked that possession be
granted to the landlords, the dis-
trict court held that it was not
within the piovince of judge or
jury to determine the exact
amount of rent due, but merely
whether any rent was due at all.
If possession was granted to the
landlord, the tenant had to pay

full rent within 10 days or fac
eviction.
Representatives from Ann Arbo
Trust and D. A. Rankin could no
be reached last night for comment
A lawyer for Apartments' Limitec
would not comment on the polic:
change.
However, Tenants' Union law
yer Jonathan Rose suggested tha
"the landlords may have found i
too expensive to continue sueini
only for possession." The vas
majority of landlords never use
this tactic, Rose added.
"At first when the tenants wer
faced with the choice ofnpaying ul
or being evicted-they payed up,
said Tenant Union coordinato
Steve Burghardt. "Later on in th
year, some tenants began to mov
out.
"They just said 'OK, fine' to th
landlords-and then split, leavin
the landlord with no tenant an'
no rent."
Rose suggested several reason
why the landlords might hav(
dropped this tactic:
-During the appeal case, if th
lease expired and the landlort
obtained possession, he then woulc
have to sue all over again fo
rent;
If the lease did not expire anc
the landlord won possession, som(
students gave the landlord the
apartment and refused to pay the
rent. In order to collect it, th
landlord would have to sue again;
and
-If the tenant gave his land-
lnrd the rent hecoiuld then ua

spending to Nixon's request
for an increase in the nation-
al debt ceiling. The House vot-
ed down 273 to 85 a procedu-
ral move that would have op-
ened the way for the amend-
ment.
Both sides in the Senate debate
claimed they /were seeking to bol-
ster Nixon's hand in Southeast
Asia.
"It doesn't nullify the Cooper-
Church amendment," Dole said of
his plan. "It just strengthens the
hand of the President."
Sen. Frank Church (D-Idaho)
co-sponsor with Sen. John Sher-
man Cooper (R-Ky.) of the
amendment to b a r funds after
July 1 for "retaining U.S. forces
in Cambodia," said their proposal
would give the President "legisla-
tive backstopping in his expressed
desire not to retain American
troops in Cambodia after J u n e
30th.
"By enacting the Cooper-Church
amendment," Church added, "we
would be strengthening the Pres-
ident's hand, helping him over-
come evasions and foot-dragging
by his own bureaucracy and for-
eign allies who are already at-
tempting to compromise his lim-
ited designs."

MSU rejects,
election plan,
Michigan State University's ac-
ademic council has turned down
a proposal that the term be ad-
justed for student participation in
politics.
The council - which is the
faculty governing board - voted
against a suggestion that the uni-
versity shut down for the week
prior to Nov. 3 - the date
of the general election. The rec-
ommendation had further sug-
gested that to make up for the
week, the term be extended into
Christmas vacation.
The opponents to that sugges-
tion noted that students who re-
mained on campus would haverto
pay room and board charges. And,
the opponents said, there would be
less time to work with a shortened
vacation period.
The idea for a moratorium at
colleges and universities prior to
the election sprang up immediately
after President Nixon announced
he was sending U.S. troops to
Cambodia.

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NATIONAL PRIMARY EFFORT

Student campaigning nets 1 win

By The Associated Press
Student efforts to help nom-
inate candidates who share their
dissent were largely spent in
losing efforts, but many young
people said yesterday they would
try again, and winners and
losers alike acclaimed their ef-
fectiveness in the political sys-
tem.

passes the birthplace of the
Black Panther party and the
University of California at Ber-
keley, a major outpost of stu-
dent activism, Ronald V. Del-
lums took the nomination from
six-term liberal Rep. Jeffrey
Cohelan.
In the California Senate pri-
marv Ren Jnhn V Tunnv who

year-old UC junior who declined
to give her name said, "He had
a fantastic student campaign
going for him. His victory has
given student campaign workers
a lot of encouragement."
Backed by the UC student
newspaper in his race against
the 55-year-old incumbent Co-
,.. , - ''...... - ... a 9 0 - n 4

of all U.S. troops from South-
east Asia. Like Cohelan, Brown's
opponent, Tunney, took a mod-
erate antiwar'stand.
When the outcome was still
unclear, Brown said of his stu-
dent workers, "If we win it will
probably be because of their ef-
forts."

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