North Carolina Newspapers is powered by Chronam.
Virginia Tech 75
Chapel HilT s Morning Newspaper
Chcpcl K::i, North CsroUna, Tuesday, February 18, 1075
Vol. 83, No. 104
Founded February 23, 1033
by Jim Roberts
When Student Government reapplies to
the Federal Communications Commission
(FCC) for a non-commercial FM permit for
its proposed station, it will probably form a
non-profit corporation to handle its
This is a change from the previous method
of applying as an unincorporated
organization, James Srebro, WCAR chief
engineer, said Monday.
According to Washington lawyer John
Pettit, Student Government's counsel for the
proposed FM station. Student Government
will have a better chance of getting an FM
license if it forms a corporation to apply for.
Pettit was retained by Gary Rendsburg,
WCAR station manager, last week after
Chancellor N. Ferebee Taylor notified the
FCC that the University was withdrawing its
prior support of the station.
The corporation will be set up somewhat
like Student Graphics, Srebro said. The
board of directors of the corporation will
probably include Media Board members
that are not representatives of one of the
The Media Board presently oversees the
operation of all student publications on
"There's no magic in being a non-profit
corporation. It's just that they (the FCC) feel
more comfortable with it," he said.
Having Student Government create a
corporation to apply for a permit will not
change the group in any way, Pettit said. It
will only change the application's status in
the view of the FCC.
"Whether the license is held by a
corporation or an incorporated organization
is beside the point," he said. "As far as
Student Government is concerned, it will
function the same way. Substantively, it
J " 1. 1 J TP
aoesn i maice any amerence one way or
another." '.' ' ' ? : ''.Cis
When Student Government first applied
for an FM permit as an unincorporated
organization, the FCC requested that the
University assume ultimate responsibility
for the station.
Donald A. Boulton, dean of student
affairs, subsequently wrote the Commission,
accepting the University's responsibility for
the station. It was reported last Tuesday that
this action was not within Boultori's
authority and that the letters had been
Boulton's letters of support were
necessary because the FCC generally does
not grant permits to student organizations
without support of the parent university
Applying as a non-profit corporation
would get around this, Pettit said. "The FCC
has made a practice of granting permits to
The probable reason for this practice,
Pettit suggested, is that a non-profit
corporation seems to have more permanence
than a unincorporated organization like
Fry e joins
Robert Frye officially announced his
campaign for Student Body President ,
Monday, becoming the eighth candidate to
enter the race.
A sophomore political science and
business major from Hickory, Frye said a
good Student Government should meet the:
needs of the students.
Frye, who has not served in Student
Government -(SG) previously, said SG
"generates waste and inefficiency to a certain
"1 might have to step on some toes to clean
it up, but I think the result of cleaning it up
will be worth it."
Although he did not name any specific
Vs ft.:::::,;.; -::::':'.-.- .. w.v
Bfev- -Jig I
Staff photo by ChariM Hwtfy
January's protest against David Duke has led to suit against BSM leader
Tenants still aegry
' by Vernon Loeb
The landlord-tenant controversy
surrounding the Old Well apartment
complex last fall continues, as tenants
demand xdish washers that . have ; not
been Tnsfalled in 22 of 25 Old Well '
Last fall many Old Well tenants went
without any appliances for more than a
month and received $30 a month
reimbursement from Roberts
Associates, the original owners of the
On Monday, neither Chuck Clayton,
Old Well manager, nor Robert Roberts,
president of Roberts Associates, would
disclose who currently owns the
complex. Roberts also said Monday his
corporation never owned the Old Well
. "There was never anything in the
contract about putting in dishwashers,"
Roberts told Brad Lamb, a Student
Consumer Action Union (SCAU)
investigator last Thursday. "The
builders left a space for them, but we ar&
under no obligation to install
dishwashers, even though we advertised
individual or office, Frye said he felt some
branches of SG had given an unequal
amount of favorable attention to some
problems compared to others which he feels
are equally important.
"1 want to see a Student Government that
would be concerned with the problems of the
University as a whole," he said.
Frye also emphasized that he would be an
independent president. .
"Suppose I were elected and I came across
a problem, and I had to make a decision that
a significant number of people were opposed
to. If 1 felt like it was for the good of Student
Government or the University, then
although it would be a hard decision to
make, I would make it."
Among the areas in which Frye would like
to see SG promote, he listed, he listed:
Working with the Student Aid Office to
extend its benefits to as many students as
possible. "There are a lot of students who
take advantage of this program who
prosper," he said;
Establishing a committee to promote
better understanding between the students
and the Chapel Hill and campus police
departments. "There is a significant trend of
resentment betweeh students and
enforcement officers," Frye said. "1 don't
think this will ever be rectified before
students, Student Government, and
enforcement officials can sit down together
and discuss their needs;"
Investigating changes in local drug laws.
"The existing drug laws should be reviewed
and more thoroughly examined in terms of
sentencing and prison terms," Frye said. He
also called the recent High Noon episode "an
invasion of students' privacy."
A", ft A ' 1
them," he added.
Monday, however, Roberts told the
DTH "we didn't never advertise
Despite this claim, advertisments in
the .,1974 Apartment Finder" and the
J uly "1974 housing supplement "to t he
Chapel Hill Newspaper, "Immediate
Occupancy," stated dishwashers were a
feature of the Old Well complex.
"When we were researching the
'Southern Part of Heaven' last spring,"
Kathy Moore, SCAU housing chairman
said, "Roberts representatives told us
that dishwashers would be included in
the Old Well complex."
During last fall's controversy
regarding installation of refrigerators
and stoves, James H. Johnson, UNC.
lecturer in business law, told SCAU that
"if the ads specify that certain
appliances exist and a contract results
from the ad, the tenants have a case."
Moore contacted the state Attorney
General's office last week about the
situation at Old Well and is waiting for a
Candidates for editor of the Daily Tar
Heel will . present their 'platforms in
speeches at 2:15 p.m. today in Howell
Each candidate will speak for eight
minutes. The speeches will be followed by
a question-and-answer period.
The presentation is sponsored by the
editors of the UNC Journalist, a
publication of the School of Journalism,
and is open to all students and faculty.
To each his own: everyone has
by Kevin McCarthy
Black Student Movement (BSM)
President Algenon Marbley goes before
Undergraduate Court tonight at 9 for
his participation in the protest of more
than 200 students, mostly black, who
shouted David Duke offstage in
Memorial Hall Jan. 16, sources close to
the case revealed Monday.
Duke, national information director
for the Knights of the Ku Klux Klan,
was never able to deliver his Union
Forum lecture because of the chanting
votes rent increase
by Jim Duie
- Staff Writer
Dorm residents can expect an increase of approximately $30 in room rents for the 1 975-76
school year, according to recommendations voted Monday by the Housing Department
Budget Advisory Committee.
The Committee, chaired by Douglas MaUory, assistant for business affairs, and composed
of students from each residence area approved a $3.48 million budget for the Housing
Department next year, a 13 per cent increase over the 1974-75 budget.
To finance that budget, the committee recommended an increase of approximately 14 per
cent in room rents a $25-530 increase for women and coed dorm residents, and a $30-$35
increase for residents of male dorms.
Mallory said, however, that he was hopeful "the Chancellor (N . Ferebee Taylor) will come
up with other sources for some of the expense items we have specified," so rent rates could be
kept at the lowest possible level.
"Students have to accept the fact that there is going to be an increase," Mallory said.
The increases are precipatated by increases in utility rates, a 5 per cent raise for state
employees voted by the state legislature-and a 10-cent-per-hour salary increase for resident
"This is the lowest budget we can go wih and still perform all services," Mallory said.
Students on the committee expressed thehope that the rent difference between male and
female dorms could be made more equitable before the final budget is approved next week.
; Title IX of the Education Amendments Act of 1972 requires that facilities and dorm rent
levels of male and female dorms beequalizedt-- .",. ' V'T.
Mallory said the committee worked closely with the different administrative divisions of
the Housing Department to calculate budget needs.
"They were instructed on the overall budget increase that would be tolerable. We let them
go back and cut their own budgets so they would be in the best position (when cuts were
Out of the total 13 per cent increase over the 1974-75 budget, 33 per cent is tentatively
recommended for the contract division, 19 per cent for housing operation, six percent for the
dorm enhancement fund (used for improvement of general physical conditions of each
dorm), 10 percent for physical plant operations, three per cent for residence life, 0.8 per cent
for administration and 22 per cent for security.
The budget now goes to James D. Condie, director of University Housing, and Dean of
Student Affairs Donald Boulton, then to Taylor for final approval.
Public health school deto&tes
"bam . on classroom
by Ben Kittner
"A number of years ago there was a
common practice of asking your
company do they mind if you smoke.
This practice seems to have been lost."
This was one of the comments made
Monday as faculty and students of the
School of Public Health debated a
proposed ban on smoking for all
classrooms in the school.
The forum was sponsored by the
School of Public Health student union.
Approximately 40 persons attended the
meeting. None smoked.
Randall ' K. Thomas, smoking
activities chairman for the group, said,
? V I I s 'i J fl p
1 s-..-:sM-Vkv.-.ty&. x. ft a t , s,.-v V i ' is c
LJ iPJ h I ft f , r,j
l ' I -
' 1 ' 1
4.., . ' ...... K Sl j ir i in i " i in naiili "i iiif 1 1 iin .'m,n i ninni i i 1 n i mi nwnwnnn-innn 1
a different way of passing tha time Monday In Carmlchaal Auditorium waiting for
Arthur Pope, a freshman from
Raleigh, filed the suit in January
charging that Marbley had violated
Section D (l,g) of the Code of Student
Conduct delineated in "The Instrument
of Student Judicial Governance for the
University of North Carolina at Chapel
Marbley is charged with "willfully
disrupting a normal operation or
function of the University or any of its
organizations or personnel by engaging
in, along with others, conduct which
prevented members of the University
community from conducting their
normal and legitimate activities within
"We .don't feel a healthy diffusion of
smoke takes place in the average
classroom. Also, many students suffer
an affliction to tobacco smoke."
Dr. John Cassel, chairman of the
Department of Epidemiology,
countered Thomas's argument, saying
the smoking ban was "trivial." "Why
invoke health hazards as major reasons
for banning smoke? How long would it
take to be affected by smoke in a room?
This is not like spending one hour beside
a Los Angeles freeway. And you don't
see banning highways."
John Sawyer, a public health student
who is also a Campus Governing
Council representative, said Friday he
may ask CGC to consider a campus-
the University by preventing David
Duke from speaking."
Pope said Monday, "Any actions 1
took were on my own. I am part of no
group or organization on campus."
If convicted, Marbley could face
expulsion, suspension or lesser
punishment, such as probation. Student
Attorney General Nita Mitchell said
Mitchell strongly objected to the
Daily Tar Heel publicizing the case
because Marbley had not asked that the
trial be open. All Undergraduate Court,
Graduate Court and Professional Court
trials are closed unless the defendant
specifically requests otherwise in
"If the defendant wanted it to be
known," she said, "he would have
brought it out himself."
She also feared publication would
possibly bias the jury.
DTH Co-editor Jim Cooper
responded: "1 think the students' right to
know supersedes, in this case, Mitchell's
objections. We have weighed the
drawbacks and have decided to print. It
is an important public matter, and the
whole University should know of the
The Duke protest aroused a flurry of
debate on campus. "The Tar Heel
received at least 50 letters within a week
after the protest," Co-editor Greg
Turosak said. "The reaction was far
greater than for any other event of the
Marbley has requested, under the
judicial guidelines, that the seven-man
jury consist of at least four minority
The full section under which Marbley
is charged states: It is an individual
offense to "willfully obstruct or disrupt
any normal operation or function of the
University or any of its organizations or
its personnel (including students) by
engaging in, or inciting others to engage
in, individual or collective conduct
which, because of its violent, forceful,
threatening or intimidating nature, or
because it restrains freedom of lawful
movement, prevents any member or
members of the University community
from conducting his or their normal
legitimate activities or duties within the
wide smoking ban. .
A similar smoking ban in classrooms
is in effect at N.C. State and
Appalachian State Universities.
Most of the proponents of the ban
asserted that smoking is inconsiderate
to non-smokers and that the
environmental quality of a classroom
can be impaired when smoking is
Opponents of the ban argued that
smoking is not a proven environmental
hazard and that a smoking ban was an
infringement upon the rights of
The smoking ban will ultimately be
decided by the Dean's cabinet, the
policy-making body of the School of
m I, - at - - - Aaiu j - ,
tickets to the UNC-Stata Qtmi