Ninety-eight years of editorial freedorm

Vol. XCVIII, No. 87

Ann Arbor, Michigan - Thursday, February 4, 1988

Copyright 198', The Michigan Daily


House rejects
Contra aid
by eight votes
WASHINGTON (AP) - A bitterly divided House
voted last night ot cut off U.S. military support for
Nicaragua's Contra rebels, rejecting President Reagan's
aid request in the hope of spurring peace prospects in
Central America.
The 219-211 vote, culminating six years of overt
and covert military support for the rebels fighting the
Sandinista government, killed Reagan's request for
$36.2 million in new aid to keep the Contras alive as a
fighting force through June.
It was a serious defeat for the president, who had
lobbied hard on the issue for two weeks and put the
Contras among the top foreign policcy priorities for
his final year in office. Only a day earlier, Reagan had
argued that failure to extend aid would strengthen
communist influence in the hemisphere.
"Today's vote is the end of a chapter," said House
Majority Whip Tony Coelho (D-Calif.) "The Contra
policy is the past. Now we can deploy America's
greatest strengths, from aid to diplomacy, to stoke the
flames of liberty and secure the future for Central
America."
But Republicans bitterly warned that the action
would relieve part of the pressure on Nicaraguan Presi-
dent Daniel Ortega that has forced him into recent con-
cessions, and that Managua would slip backwards into
renewed repression.
"The issue of Nicaragua and Central America will
not go away," said Houser Republican Leader Robert
Michel of Illinois. "And who among you is smart
enough to predict the path on which Daniel Ortega will
take you?"
Current aid to the rebels expires Feb. 29; and
Democrats pledged to hold another vote before the
month is out on an alterntive aid package of purely
humanitarian aid to the rebels, and follow that up with
a new emphasis on economic development aid for
countries in the region which abide by terms of a five-
nation peace accord signed last August.
"It do.esn't give me any real pleasure to be in the
position of opposing the president of the United States
in a matter of foreign policy," House Speaker Jim
Wright (D-Texas) said before the vote. "We feel that
the president is mistaken in this instance."
The United States has funneled more than $200
million to the rebels since their guerilla war began in
1981. The presidents of Costa Rica, Nicaragua, El
Salvador, Honduras, and Guatemala launched a apeace
effort when they signed an accord last Aug. 7, and
cease-fire talks between the Sandinistas and the Contras
are scheduled to resume Feb. 10.
While the House action killed the aid proposal, there
was still a chance that the Senate could hold a
symbolic.debate and vote on the measure tomorrow.

Michigan

court

strikes down

divestiture

law-

a-,-. *'
Daily Photo by JOHN MUNSON
Wolverine Gary Grant drives past Iowa's Bill Jones during Wednesday
night's action. Michigan went on to win the game 120-103.
overines after
Iowa, Rice nets 35
By PETE STEINERT "Our defense was great in the firs
As the snow piled up outside, the half," Michigan coach Bill Friede
points piled up inside last night as said, "and I think that set the ton
Michigan used a 35-point halftime for the game."
lead to hold off Iowa, 120-103. Iowa (15-6, 5-3) entered the
The crowd of 13,609 saw the two contest looking to bounce the
teams combine for the most points Wolverines out of first place, but
ever at Crisler Arena and the 11th- left the game frustrated.
ranked Wolverines (18-3 overall, 7-1 "Whatever you look at we just
in the Big Ten) maintain their share couldn't find any answers," said
of first place in the conference with
Purdue. See M', PAGE 8

By ANDREW MILLS
A four-and-a-half year battle between the
University and the State of Michigan ended
yesterday when the Michigan Court of Ap-
peals struck down a law requiring state col-
leges and universities to divest financial hold-
ings in companies doing business in South
Africa.
The unanimous decision by a panel of three
judges cited the constitutional autonomy of
the state's colleges and universities as a basis
for its decision.
The University filed suit against the state
in June, 1983, questioning the constitutional-
ity of the 1982 law sponsored by Rep. Perry
Bullard (D-Ann Arbor).
University administrators and members of
the University's Board of Regents hailed the
decision. "I am very happy that the court has
once again upheld the autonomy issue," said
Regent Paul Brown (D-Petoskey).
"IT IS ESSENTIAL to higher educa-
tion to have our autonomy maintained from
the state legislature," he added.
Regent Thomas Roach (D-Saline) con-
curred. "It's purely an autonomy case, and it
has nothing to do with South Africa," he said.
University Vice President for Government
Relations Richard Kennedy also supported the
ruling: "We are pleased that once again the
principle of the regents' authority to control
University funds has been sustained by the
courts," he said in a statement released yester-
day.
SINCE THE LAW went into effect in
1982, the University has divested 99 percent
of its holdings in companies doing business
in South Africa, and currently holds $500,000
of those types of stock as a token amount to
keep the case alive. The University's total in-
vestments are valued at $140,250,000.
All other, state colleges and universities
have divested; Michigan State University and
Eastern Michigan University divested their
holdings before the law took effect.
Brett McRae, Bullard's legislative aide,
maintained the state does have the right to
make such a decision.
McRae said it is likely Bullard will ask the
attorney general to appeal the decision to the
state Supreme Court. Bullard is currently in
Israel, and could not be reached for comment.

"It's well within the rights of the State of
Michigan to regulate the University of
Michigan to not create this fence of discrimi-
nation in their financial policies," he said.
"IF IT DOES INFRINGE on the uni-
versities' autonomy, so what? It's not hurting
the University of Michigan not to have those
stocks," he said. "We should not prop up
South Africa through investments through the
universities."
Rep. Morris Hood (D-Detroit), chair of the
House Appropriations subcommittee on
higher education, called the ruling a setback
for the civil rights movement..
"I think it sends a message to those
institutions and those businesses that the
people of this state are really not concerned
with equal rights," he said.
See REGENTS, Page 5
Divestment
hcis a lon
history at U'
By ANDREW MILLS
Yesterday's Michigan Court of Appeals
ruling freed the University from a state law
requiring divestment, because the law was
judged to interfere with the University's au-
tonomy. But, if history holds true, the Uni-
versity is not free from the controversy.
The ruling found unconstitutional a 1982
law requiring state colleges and universities to
divest their holdings in U.S. corporations that
conduct business in South Africa. The Uni-
versity's attorney in the case has speculated
that the state may appeal the ruling before the
Michigan Supreme Court.
Divestment was the cause celebre of the
campus from the mid-seventies until 1983,
when the University divested 90 percent of its
holdings in corporations with ties to South
Africa. Supporters of divestment - including
the Free South Africa Coordinating Commit-
tee, which built the shanties on the Diag -
argue that by investing in companies with ties
in South Africa, the University is endorsing
See RULING, Page 5


LENGTHY CONFIRMATION BATTLE EADS:
Senate names Kennedy to Court

WASHINGTON (AP) - The
Senate yesterday swiftly and unani-
mously confirmed Anthony Kennedy
to the Supreme Court, ending a fero-
cious political battle that began
seven months ago.
Kennedy, a federal appeals court
judge who was President Reagan's
third choice to succeed retired Justice
Lewis Powell, was approved by 97-0
with Democrats and Republicans
alike praising him as a moderate,
open-minded conservative.
Reagan, in a statement; said he
is "extremely pleased" and declared
Kennedy "will make an outstanding
addition to the Supreme Court....
The Senate has not only restored to
the nation a full nine-member
Supreme Court, it has reaffirmed this
country's commitment to the
philosophy of judicial restraint."
In Sacramento, Calif., Kennedy
issued a statement saying he could
"conceive of no greater honor for an
attorney or a judge" than to serve on
the Supreme Court, and adding he is

committed to the American constitu-
tional system.
Kennedy will be sworn into
office Feb. 18, becoming the 104th
justice in the history of the nation's
highest court.
He is expected to play a pivotal

Mass.) as a man of "integrity, intel-
ligence, courage and craftsmanship"
embracing a "judicial philosophy that
places him within the mainstream of
constitutional interpretation."
The liberal senator, who is not
related to the nominee, was pinch-

'(Kennedy) will make an outstanding addition to
the Supreme Court. ... The Senate has not only
restored to the nation a full nine-member Supreme
Court, it has reaffirmed this country's commitment to
the philosophy of judicial restraint.'__ Ronald Reagan

role on the sharply divided court,
particularly on such issues as abor-
tion, affirmative action and separa-
tion of church and state.
His confirmation, after a pro
forma one-hour debate, was in
marked contrast to the stormy fight
touched off by the nomination last
July of Robert Bork.
Kennedy was extolled Wednesday
by Sen; Edward M. Kennedy (D-

hitting for Sen. Joseph Biden (D-
Del.), in leading the placid Senate
debate.
Biden, chair of the Senate
Judiciary Committee that recom-
mended Kennedy's confirmation by a
14-0 vote, missed yesterday's debate
because of illness.
Also absent were two presiden-
tial candidates, Sens. Albert Gore (D-
Tenn.), and Paul Simon. (D-Ill.)

FCC may investigate
campus radio station

Daily rnoto by JOHN MUNSON
Jeanmaire Sierant, left, and Catherine Ficher, both Ann Arbor residents, light candles last night at a vigil to
show support for an alleged victim of sexual assault and to protest a judge's decision to throw out a case.
Candlelight vigil protests
dismissal of sexual assault case

By DOV COHEN
The broadcast of obscene material
and alleged on-air references to the
presence of alcohol in the WCBN
radio studio sparked a complaint to
the Federal Communications
Commission and may bring an FCC
investigation into the station.

conversation that alluded to alcoholic
beverages in the studio, according to
a letter written to WCBN and also
sent to the FCC.
Disc jockey Burgard denied the
presence of any alcohol in the studio
and said in a written note to the
board that "to the best of my

By VICKI BAUER
Gathering under a light snowfall,
more than 50 women and men stood
quietly in a circle in front of the
Washtenaw County Courthouse last

defeat. It shows we have a long way
to go," said Susan McGee, a s
speaker and a member of the Coali-
tion to End Legalized Rape.
"I think we need to stand firm and

Washtenaw County Circuit Court
Judge Ross Campbell dismissed the
case against Thomas Rosenboom,
the University's Dutch writer-in-res-
idence, without a trial jury on the