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Vol. G1, NO. 10
James D. Condie
Drinking beer in front of Town Hall
by Sandra Millers
University administrators and student
officials have responded to a lawsuit filed in
Greensboro last week which seeks a court
order to end student fee subsidization of the
Black Student Movement (BSM).
Consolidated University President
William Friday confirmed Wednesday that
he has been served with a copy of the
ccmplaint and said the matter has been
referred to the state Attorney General's
"The Attorney General serves as legal
consultant to the University," Friday said,
"and we will be conferring with him about
this relatively soon."
Vice-Chancellor Claiborne Jones, also
named a defendant in the suit, responded
similarly to the legal action. "The Attorney
General will handle it " he said, "but I have
not yet talked with him, and I don't know his
Student officials named in the suit
included Student Body President Marcus
Williams and Treasurer Timothy Dugan.
When contacted earlier this week, Williams
expressed reluctance to give his response to
the legal action. I n a memorandum released
to The Tar Heel Thursday he said, "The
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by Jean Swallow
A room-by-room search of Mclver dorm
was made Sunday morning at 3r30. The
occupants of the rooms were never told what
the search was for. But the Resident
Director, the Assistant Resident Director in
charge of Mclver dorm and two campus
policemen were looking for men in the all
The search was successful in that five
couples were caught and subsequently
charged with violations of University
housing visitation policy. But the
department of Housing and those involved
in the search are now under fire for the
manner in which the search was conducted.
Director of University Housing, James D.
Condie, stated in an interview Thursday
morning that he was pleased with the results
of the search and that other searches would
be conducted "again and again and again
until visitations violations stop."
According to a campus police report.
Officer Walter Dunn was making a routine
check of Mclver Dorm security. When he
found that the left front door adjacent to the
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Stan photo by E3I Wrm
matter is being put under extensive legal
research. This office prefers to reserve
comment until further notice."
UNC law student Robert L. Arrington
and UNC graduate student Lawrence Uzzell
filed the suit in Greensboro's U.S. Middle
District Court last week, asking that it be
declared a class action suit, representing all
They described the Black Student
Movement as an organization composed
exclusively of blacks and alleged that
subsidization of the BSM through
mandatory student fees deprives non-blacks
of equal protection under the law as
guaranteed by the Fourteenth Amendment. .
Arrington and Uzzell also challenged
parts of the student body constitution which
allow appointment of Campus Governing
Council and Honor Court members on the
basis of race.
The suit is similar to one filed last year
against the Neo-Black Society at UNC-G.
Greensboro attorney Michael Curtis, who
represented the plaintiffs in that case, said
Thursday, "We took the position that there
was nothing wrong with having a Neo-Black
Society; the problem was their statement of
purpose. They vigorously discouraged white
people from joining. Their aims were just too
"There was no attempt or desire on the
part of my plaintiffs to destroy the Neo
Black Society," Curtis continued. "They just
wanted them to stop discriminating."
Algernon Marbley, president of the UNC
Black Student Movement, said he doesn't
think the BSM is discriminatory or
"To my knowledge, we've never
discouraged anyone from being part of BSM
functions," he said.
82nd Year Of Editorial Freedom
Chapel Hill, North Carolina, Friday, June 21, 1974
late entrance had been propped open, he
woke the Assistant Resident Director, Jo
Ann Travis!, Then, with the help of the
Resident Director, Debbi Gaskins, and
another police officer, the search was
Knocking on doors and then entering,
either with or without permission, the four
checked the rooms for possible men,
searching under beds and in closets. One
sleepy girl reported today she thought the
whole thing was rather funny, as it was
obvious there wasn't a man in her room.
Another reported waking up to find strange
people in her room, who never said why they
were there. There had been two previous
complaints of men staying overnight in
Mclver. Sunday, when the five men were
found, they were asked to leave immediately.
Four of the five men were not students. They
were later asked by acting police chief
Arthur Beaumont not to come back.
Beaumont said that as soon as his men
realized there was not a criminal case
involved, his men withdrew, making no
arrests for illegal entry, and turned the case
over to the office of University Housing. A
F mm WHIHKSo"
by Joel Orlnkloy
The Chapel Hill Board of Aldermen
repealed the town ordinance Monday
banning the consumption of beer and wine
on public streets and parking lots. Alderman
Gerry Cohen, who introduced the repeal
resolution, termed the ordinance "totally
For the moment, at least, drinking on the
town's streets is legal. How long this will last
is unclear, because Alderman Alice Welsh
intends to reintroduce the public drinking
ordinance at the next Alderman meeting
" 1 think we became too bogged down with
the enforcement end of the law when we
repealed it," she said.
U nder the law, a person seen drink ing beer
or wine containing less than 13 per cent
alcohol could be jailed for 30 days or fined
Persons drinking stronger beverages were,
and still are, subject to harsher sentences.
Public consumption of liquor is regulated by
state laws unaffected by the repealed town
As written, the town ordinance was
unclear. Laws of this type were, in fact,
declared unconstitutionally vague by the,
state attorney general's office last year. For
this reason, Chapel Hill's law has not been
enforced during the last 10 months.
Persons holding beer cans or wine bottles,
but not actually drinking from them, were
not subject to prosecution. Anyone drinking
while sitting on a wall next to a public street
such as the rock wall on Franklin St
but not actually touching the street, also was
not breaking the law.
Further, police had to prove a defendant
actually drank the beer or wine and analyze
Right turn on red
New oMIeaifiiGe set
by Frank Griffin
The Chapel Hill Board of Aldermen
approved a new town ordinance Monday
night that will allow drivers to turn right
after stopping at red lights at all but 16
intersections in town. The ordinance
becomes law July 1 pending concurrence
from the N.C. Deptartment of
Transportation and arrival of street signs for
those intersections designated "no turn on
red," according to Town Manager Chet
Attorney Dave Drake, who drew up the
ordinance, said state concurrence would
come before July . 1, the date a statewide law
becomes effective allowing right turns on red
lights oh all state roads. ,
"Concurrence is just a matter of paper
work," Drake said.
Drake said there was no conflict between
the town ordinance and the state law because
the state law allows municipalities to decide
if intersections within their boundaries are
too congested for implementation of a right
turn on red.
The state law says the driver must come to
a complete stop at the red light and must
yield to pedestrians and all vehicles before
Alderman Alice Welsh, who voted against
report of the student offenders was sent to
Assistant Dean Peter W. Hall, who then sent
the matter to Attorney General Nita
Mitchell said in an interview Thursday
that the evidence was clear and the offenders
would have to face the honor court with
possible punishments of suspension or
The case, however, may have civil
repercussions in that the search party
violated a federal court order. In 1971, the
Fifth Court of Circuit Appeals ruled in the
case of Piazzola vs. Watkins that before a
state law enforcement officer (including a
resident advisor in a dormitory of a state
university) may search a room in a
dormitory rented by a student, the officer
must first obtain a search warrant.
A search warrant was never issued for the
searching of any room in Mclver dorm.
According to law professor Barry Nakell:
"The federal Court of Appeals said in
Piazzola v. Watkins, 442 f.2d 284, 289 (5th
cir. 1971),"A student who occupies a college
dormitory room enjoys the protection of the
the beverage to assure it actually contained
alcohol before they could prosecute.
Welsh's new ordinance will not answer
these problems. Her ordinance will simply
again declare it illegal to consumer beer and
wine on public property. The penalty she
proposes is a $10 fine.
"1 think it's inappropriate for the board to
discuss the enforcement side of it," she said.
"That's the police's job, after all."
According to Alderman Cohen, the
purpose of the ordinance was not to prevent
public consumption of alcohoLbut to stop
the littering, public profanity and disorderly
conduct that supposedly results from
The drinking ordinance was repealed
because separate ordinances exist for each of
the other violations. They are
misdemeanors, punishable by a maximum
fine of $50 or 30 days in jail. According to
Chapel Hill Police Chief William Blake,
anyone charged with disorderly conduct,
littering, public profanity or public
consumption of liquor is usually fined court
costs, about $16.
The Aldermen were originally scheduled
to. .simply reword the ordinance last
Monday, making it less vague. "But, for
some reason," Blake said, "they saw fit to
repeal it instead."
Chief Blake thinks public drinking should
be a violation for its own sake.
"When you have a group of people
drinking on the street, such as in front of
Town Hall," he said, "people don't want to
walk near them.
"When people come out of the Carolina
Theatre, for instance, they will walk way
down the street before crossing over, just so
they won't have to walk by Town Hall. I
think people should have the right to walk
the sidewalks without being harrassed."
the ordinance, said, "It's not beneficial to
anyone but the motorist." She said she was
trying to protect pedestrians and bike riders.
Welsh, said the other aldermen were
satisfied that the complete stop designated in
the law would be sufficient protection for
pedestrians and cyclists. Welsh said she
thought the new law would only intensify the
antagonism already present between drivers
and pedestrians in Chapel Hill.
Police Chief W.D. Blake said he hoped the
new ordinance would improve Chapel Hill's
traffic problem. "It may speed up traffic, and
we need it to move, but if people den't
comply w ith it like a stop sign, we're going to
have some trouble," he said.
Those intersections designated as too
congested for a right turn on red are: Bypass
at Estes Dr., Cameron Ave. and Raleigh St.,
Cameron Ave. and Ransom St, Columbia
St and Manning Dr., West Franklin and
Graham St, West Franklin and Mallette St.,
Franklin St. and Columbia St, East
Franklin and Henderson St., East Franklin
and Hillsborough St., Highway 54 and
Hamilton Rd., Rosemary St. and
Henderson St, Rosemary St and North
Columbia St., Rosemary St. and Church St.,
South Road and South ColumbiaSt, South
Road and Raleigh St. and Manning Drive
and Driveway to N.C. Memorial Hospital.
In the room contracts for University
Housing, there is a clause that says
University staff can make spot checks
whenever they wish, but they may not look at
anything unless it is in open view: in other
words, they can't look under beds or check in
Another lawyer, who wished not to be
identified but who also works with the
University on questions of policy, said in an
interview Thursday that "with the door
found open, there might have been probable
cause to check the premises for criminal acts
without a waxrant. But it seems clear to me
that it was an invasion of privacy."
"Under normal criminal laws, you don't
need a warrant if there is probable cause that
a criminal event has taken place," the source
said. "But if the real purpose was just to
check the dorm for men, then it's another
story. Then it's an invasion of privacy."
It was unclear at press time what the real
reason for the search was. Officer Dunn did
not come on to campus until the midnight
shift and does not have, a home phone. Jo
Ann Travis was "too busy studying" to talk
to The Tar Heel, although repeated attempts
to contact Travis had been made. Debbie
Gaskins was out of town. Assistant Director
of Housing Sandy Ward was out of town.
Director of University Housing James D.
Condie said he had been on vacation when
the incident occured and that he only had
second-hand knowledge of the event. Acting
police chief Arthur Beaumont said his office
had closed the case and sent the matter to
Housing. Condie said the campus police
were in charge of the off-campus violators.
In general, the people involved were either
unavailable for comment or unfamiliar with
There was another violation of University
Housing, but this time it was a house
violation. The ARD, Jo Ann Travis, failed
to post the policy and rules adopted by the ;
Letters will be mailed to parents of the
students who were caught with men in their
' from th
Committee divided on question of fraud
WASHINGTON Democrats End republicans on the House Judiciary Committee
divided Thursday on whether it was necessary to prove fraud against President
Nixon before recommending impeachment for underpayment of income taxes.
Following closed hearings on the President's personal finances, Democrats who
would comment said they learned nothing to justify an Impeachment vote, but they
tended to agree this would require far less than proof of fraud.
Many Republicans indicated agreement with the assessment by Rep. Charles A.
Wiggins, R-Caiif., that Nixon was "like the driven snow" on the income tax matter.
Central to the Investigation is the question of whether Nixon wilfully underpaid his
federal Income taxes by $432,787 from 1970 through 1973. Rep. Jack Brooks, D-Tex.,
expressed the view that gross negligence by the President in filing the returns would
be sufficient for Impeachment saying: "Ha signed it and let it go on."
"I rather question whether it's necessary to prove fraud," he said.
Butz seeks curb on meat imports
YASH IN GTON Agriculture Secretary Earl L. Butz announced Thursday he is
trying to help the nation's livestock and hog producers out of their price crisis by
seeking voluntary curbs on meat Imports.
The Senata, meanwhiia, was reported ready to pass a $3 billion emergency loan
pre gram for meat-animal feeders approved Wednesday , by the Agriculture
Cutz, appearing before the House Anrlculture Committee, said he Is sending a
personal representative to Japan, Australia and New Zealand to request voluntary
cuts in meat shipments to the United States. He also threatened "drastic" retaliatory
collon unless Canada drops Its current ban on U.S. beef imports.
Controversy blocks search for IVllAs
SAIGON North Vietnam accused American pilots Thursday of flying combat
missions over South Vietnam and the Unitsd States charged the Communists were
continuing to block the search for the 1 ,1 CO Americans missing in the Indochina Var.
The North Vietnamese newspaper People's Army said in a commentary broadcast
by Radio Hanoi that the President Nguyen Van "Th leu administration sent many
fighter-bombers including FSAs manne i by U.S. pilots to bomb and strafe populous
areas" around the Ben Cat battlefield, 25 miles north of Saigon.
East, West Germany exchange envoys
BOr.N East End West Germany forma ily exchanged special envoys Thursday as
a token of their proclaimed intention to normalize relations despite the Communist
walls separating them.
At the same time, the West German Parliament approved a nonaggression pact
Bratdt sat silently at this dsputy's dask while opposition Christian Democrats
accused him of making unnecessary and possibly dangerous concessions to
Prague. He left his place only to cast his ballot during the roll call vote in which
parliament ratified the treaty by a count of 232 to 190.
The Tar Heel
Founded February 23, 1893
M II Li
The students who lived in the dorm were
generally outraged. As one coed put it:
"They made it look like a protective measure
checking for our benefit rather than
snoopingon their part." Most of the students
felt the search was premeditated. There were
also reports that the police and the ARD and
RD did not even check the bathrooms. The
residents also said the searchers used pass
keys to force entry.
Staff photo by Gary Lobraico
Mclver open door
wires of United Press International