Pag'e 1 ThelMichiga .Ddlt9.-' Saturday, July 9, 1983
Judge won't dismiss
draft resister's case
By HALLE CZECHOWSKI
The first Michigan man indicted for
failing to register for the draft lost two
motions to get his case dismissed Wed-
nesday.
Daniel Rutt, a 21-year-old from
Dearborn, refused to register on the
grounds that it would violate his
religious beliefs.
IN JUNE, Federal District Court
Judge Philip Pratt ruled that the Con-
stitution did not grant Rutt the right to
be a conscientious objector. Wednesday
Pratt ruled against a motion asking
that the case be dismissed because
President Carter's registration
proclamation was not listed in the
Federal Register for the 30 days
required to allow public comment.
A spokesman for the judge said Pratt
denied the motion because Carter had
the executive privilege to reinstate
registration before the end of the 30 day
period.
The defense also failed to get the case
dismissed on the grounds that Rutt was
being charged with a continuing
violation of the law when he should only
have been charged once for not
registering. Pratt ruled that Congress
had meant the charges to be con-
tinuous, his spokesman said.
IF RUTT loses the case, he faces up
to a five-year prison sentence and a
$10,000 fine.
Postal rates
WASHINGTON (AP) - Mail rates
will not have to be raised for at least 15
months, the chairman of the Postal
Service board of directors said yester-
day.
the statement by Robert Hardesty is
somewhat different than the im-
pression left earlier by Postmaster
General William Bolger. Bolger has
noted that the process of increasing
postal rates takes nearly a year and has
said that the Postal Service will have to
start a new rate case soon.
HARDESTY, speaking at the board's
July meeting at Austin, Texas, em-
phasized that it is the board that will
Dennis James, one of two lawyers
from the American Civil Liberties
Union representing Rutt, said he was
"disappointed, but not discouraged" by
the rulings.
James said their strongest defense,
that the government is practicing
discrimination by only prosecuting out-
spoken opponents of registration, has
not yet been heard.
PRATT HAS also not ruled on a
defense motion asking the government
to release 126 documents on
registration.
James cited a similar case in Califor-
nia where charges against David Wayte
were dismissed after the government
refused to release the documents.
The Reagan administration has
claimed executive privilege in their
refusal to surrender the documents to
Rutt's attorneys. James speculated
yesterday that the documents might
damage the government's case, "or
they just might not want to reveal the
inner workings of the Defense Depar-
tment."
On August 5, Rutt's attorneys will
argue a motion asking that the case be
dismissed because the government has
been selectively prosecuting outspoken
opponents to registration.
James pointed out that of the 700,000
men who have not registered, the
government has only indicted 15 men.
to stay odow
determine when a new rate case wil be
filed with the independent Postal Rate
Commission.
A copy of his remarks was released in
Washington.
He said the Postal Service projects a
surplus of about $500 million for the
current fiscal year, which ends Sept. 30.
That would follow an $802 million sur-
plus last year.
The Postal Service is "rapidly ap-
proaching" the time when it will be
running at a loss again, Hardesty said,
adding that the loss for the 1984 fiscal
year could exceed $1 billion.
TODAY
Complaint
B EGINNING NEXT Monday, the new Washtenaw County Department of
Consumer Services will offer assistance to consumers with complaints
about area merchants. The consumer complaint service will be operated in
conjunction with the Ann Arbor and Ypsilanti Chambers of Commerce, and
will offer mediation between consumers and businesses to reach a solution.
Interested consumers can call the service at 971-6065, or their area Chamber
of Commerce office.
HAPPENINGS
SATURDAY
Highlight
The Performance Network will present "Ann Arbor Dances," a benefit
performance by more than 20 local choreographers in modern, jazz, ballet,
and ethnic dance. The show begins at 8 p.m. at the Performance Network,
408 W. Washington.
Films
AAFC - King of Marvin Gardens, 7:30 p.m., Atlantic City, 9:30 p.m.,
MLB 3.
Cinema Guild - Chariots of Fire, 7:30 & 9:45 p.m., Lorch.
Cinema II - Das Boot, 7 & 9:35 p.m., Angell Aud. A.
CFT - Tommy, 7 & 10:50 p.m., Altered States, 9 p.m., Michigan Theater.
Performances
PTP - University Players' Theatrefest, "Fifth of July" by Lanford Wilson,
8 p.m., Power Center.
School of Music - Voice recital, Nada Radakovich, soprano, 6 p.m.,
Recital Hall.
Meetings
Ann Arbor Go Club - 2-7 p.m., 1433 Mason.
Miscellaneous
Ann Arbor Bicycle League - "One Helluva Ride," three routes of 31,62,
and 100 miles, all beginning at Wylie Middle School in Dexter.
SUNDAY
Films
Cinema Guild - The Devil Doll, The Island of Lost Souls, 9 p.m., 7:30 p.m.,
Lorch.
Cinema Guild - The Devil Doll, 7:30 p.m., Lorch, The Island of Lost Souls,
9 p.m.
CFT - Lord of the Rings, 4:30,7 & 9:30 p.m., Michigan Theater.
Performances
School of Music - Organ recital, Ronald Fox, 8 p.m., Hill Aud.
Miscellaneous
Museum of Art - Tour, Anne Lockhart, "Jean-Louis Forain: Artist,
Realist, Humanist," 2p.m.
MONDAY
Performances
School of Music - Baird Carillon recital, Didier Lonnoy, 7-8 p.m., Burton
Tower.
Ark - Robin Flower Band, 8 p.m., 1421 Hill.
Meetings
Ann Arbor Support Group for the Farm Labor Organizing Committee -
7:30 p.m., 308 E. William.
Tae Kwon Do Club - Practice, 6-8 p.m., outside behind IM Bldg.
Christian Science Organization - 7:15 p.m., Rm. D., League.
SACUA - 3 p.m., 4025 Fleming.
Miscellaneous
CEW - Brown bag lunch for women who are back in school or plan to be in
the near future, 1:30 p.m., second floor of Comerica Bank building.
4
The Michigan Daily
Vol. XCIII, No. 20-S
Saturday, July 9; 1983
(ISSN 0745-967X)
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