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) The Michigan Daily is edited ana managed by students at the Univer- sity of Michigan. Published daily Tuesday through Sunday mornings during the University year at 420 Maynard Street, Ann Arbor, Michigan, 48109. Subscription rates: $13 September through April (2 semesters); $14 by mail outside Ann Arbor. Summer session published tri-weekly Tuesday, Thursday, and Saturday mornings. Subscription rates: $3.50 in Ann Arbor; $5 by mail outside Ann Arbor. Second class postage paid at Ann Arbor, Michigan. POSTMASTER: Send address changes to THE MICHIGAN DAILY, 420 Maynard Street, Ann Arbor, MI. 48109. 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