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Chzptl il'.'A, f'srth CsrclSna, Friday, September 12, 1975
VcK C3, No. 10;
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Workers for tha restoration of humsn rights in Chile distributed pamphlets on Franklin Street Thursday
instrument gets mixed revie ws
Students, faculty uncertain about new judicial system
Dy Menon vance
Students and faculty members have
expressed mixed reactions to the problems
system which was instated last October.
The -Instrument of Student Judicial
Governance was organized then to set forth
the Student Code of Conduct and provide
for prosecution of violators of that code.
Student Attorney General Andromeda
Monroe said Thursday the new system is
better than the original honor system, being
basically a student-run system with little
faculty or administrative involvement.
Monroe said the old system used prior to
last year lacked special provisions to clearly
define duties of judicial system personnel.
While the old student judicial system was
defined by a section of the student
constitution, the new system is spelled out in
more detail in a separate document and
includes several new provisions.
James Cansler, associate dean of student
affairs, said he thinks the new system has
much potential that has not yet been
"I'm pleased with what I've seen so far," he
said, "but there have been some bugs in it. 1
think this year will be a much more
important index of the viability of this
He said some provisions sound good on
paper but cause problems in actual
Both Cansler and Monroe said the biggest
problem which faced the judicial system
during the past year was the controversial
Algenon Marbley trial last spring.
by Dan Fesperman
After investigating a controversy over
unpaid apartment deposit refunds, the
Student Consumer Action Union (SCAU)
has recommended that a group of Carrboro
apartment tenants file separately for a total
of approximately $10,000 in refunds from
Roberts Associates by September 20.
Since the sale of the Park West apartment
complex, which has since been renamed
Greenbelt Community, departing tenants
have been unable to collect security deposits
of about $100 each.
Roberts Associates went into receivership
about six months after selling the
apartments to the Rural Plumbing and
Heating Company of Raleigh. A federal
bankruptcy court assumed ownership of
Roberts Associates and appointed a trustee
to administer the receivership.
Wayne Babich, a SCAU investigator, said
that even though the company is still called
Roberts Associates, it is actually a different
corporation because of bankruptcy
Babich said, "It was considered that we
should sue Rural Plumbing and Heating, but
people who 1 talked to convinced me that it
would not be fruitful."
The management of Rural Plumbing and
Heating said the company had made a verbal
agreement with Roberts Associates that the
deposits would be refunded by Roberts.
Babich said, "They (Rural Plumbing and
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Marbley, former chairperson of the Black
Student Movement, was tried and acquitted
last spring on charges of organizing a protest
to disrupt a campus speech by Ku Klux
Klansman David Duke.
Monroe said the disruption clause of the
new code of Student Conduct does not cover
basic rights of expression.
As a result of the Marbley controversy,
Cansler said,"No one can look at the judicial
system today without mixed feelings." He
indicated, however, that steps are being
taken to eliminate some of the shortcomings
of the new system.
A proposal is currently under
torisideration which "would clarify, the
disruption clause in hopes of preventing a
repeat of the problems surrounding the
Cansler said one of the better provisions of
the new system is the Supervisory Board,
which is composed of students and faculty
members and oversees the student court
Cansler said the Supervisory Board has
also done a good job in educating people
involved with the judicial system about its
Robert Byrd, dean of the UNC Law
School, said he also thinks the Supervisory
Board has made helpful evaluation of the
judicial system in its first year of operation.
In outlining the Honor Code and the
Campus Code, the Instrument of Student
Judicial Governance also provides for
prosecution of students who violate the
Charges of violations are made by the
Attorney General and hearings and trials are
handled by the Undergraduate Court,
Heating) are probably justified (in
disclaiming responsibility), although 1 can't
prove it because I'm not a lawyer."
A federal bankruptcy law prevents
Roberts Associates from paying back the
deposits. In cases where a company is
dissolved, the holdings of the company can
be divided among all of its creditors, but
cannot be used to pay specific creditors.
Babich said Roberts Associates owes money
to other creditors in addition to the tenants.
A small percentage of the deposits could
have been paid back to the creditors by
dividing the company's holdings, Babich
said, "But they (the trustee-management of
Roberts Associates) figured that if they set
up a new company with better management
they could turn over enough profit to be able
to pay back more."
All of the tenants who paid a security
deposit and wish refunds, including those
still living in the complex, should call
Charles Brewer in Durham, 683-1541, to
request a proof-of-claim form. The form
must be completed and returned by
Babich said it will probably be a year
before the tenants will be paid, and that they
will probably only get about $50 each.
Babich also said the current management
of Roberts Associates should not be blamed
for the situation. "The new Roberts
Associates should not be held responsible for
the stupid mistakes that the old company
made," he said.
Urtf photo fey Chertw Harty
composed of 42 students.
. Twenty-eight of these students are elected
by the student body, and 14 are appointed by
the student body president with the approval
of the Campus Governing Council (CGC).
A seven-member panel to serve as jury is
selected from the court members for every
case tried. The panel issues a verdict and
sentences convicted violators.
Sentences range from expulsion,
suspension or probation to lesser
punishment, depending on the nature of the
violation. Sentences are administered by the
dean of student affairs.
Students convicted in Undergraduate
.Courl can appeal decisions to.the ) nivergity
Heatings Board, composed of two faculty
members, two students and the dean of
student affairs. This is the first stage of a trial
in which the faculty is involved. '
Further appeals can be made to the
chancellor. In cases involving Constitutional
rights violations, the appeal can be reviewed
by the Board of Governors.
The student judicial system also includes
several lower courts. The graduate court
handles graduate student cases; the residence
courts hear minor cases involving violations
of dormitory regulations; and the
interfraternity council court and panhellenic
council courts handle cases involving
fraternity and sorority members.
Decisions of these three lower courts can
be appealed to the Undergraduate Court.
All court cases are closed to the public and
the press under the Family Rights and
Privacy Act of 1974. This federal legislation
prohibits courts from releasing information
about disciplinary actions against a student
without his permission.
by Tim Pittman
Once, many years ago, it was one of the premiere hotels
of the South.
But that was in 1925, when it was the Washington Duke
Hotel. Complete with two ballrooms separated by an
elaborate mezzanine, the hotel was the focus of a city
wide fund raising effort which generated the $1,800,000
necessary to build the 16-story structure.
Today, the annual property taxes alone amount to as
much as the original building cost. And the Durham
Hotel, as it is now called, faces demolition.
Watts Hill, coordinator of the project to demolish the
50-year-old hotel, said financial problems have become
"Last year the hotel owners took over $400,000 in
losses," Hill said. "It has become increasingly difficult.to
support the hotel with the deterioration of downtown
Durham." . f
The hotel remained longer than most of the hotels o
that vintage because its owners and the community telt it
was substantial to the success of downtown Durham, hih
Hill said the city was faced with the problem of finding
a party to make a large investment in the hotel or oi
finding a use for the building.
According to Hill, the city and the Chamr of
Commerce considered turning the building into an elderly
housing project. Then the city tried to develop the : idea oi
a public library. Finally it offered the hotel free of charge
to Duke University to be ..ed as a graduate dorm, am
by Johnny Oliver
The sale of the University's electric and
telephone utilities advanced a step closer to
reality Thursday morning when the sale
contracts were approved by the UNC
Utilities Study Commission.
The study commission, also known as the
Church Commission after its chairman John
Church will now recommend to the Board of
Trustees the sale of the electric utility to
Duke Power for $16 million and the sale of
the telephone utility to Southern Bell for $24
Should the trustees approve the Church
Commission's findings when it meets in
October, the sale of the utilities will be
turned over to the Governor's Council of
State for additional approval. If the Council
of State approves the sale, final approval for
it would have to come from the State
Utilities Commission in Raleigh.
Final sale of the telephone utility also
requires approval by the Federal
Communications Commission, in
The Church Commission, with four
members absent, voted 9-1 in recommending
the sale to Duke and Southern Bell. The lone
dissenting vote came from Ned Hupman,
president of the Mebane Telephone Co.
Much of the commission's two and a half
hour meeting Thursday involved an
explanation of the contracts' terms by John
Temple, UNC assistant vice-chancellor for
Controversy arose during the meeting
concerning pay scales of employees
transfering from the university telephone
utility to Southern Bell.
The Contract Negotiating Committee of
the commission had recommended that
employees transfering to Southern Bell
receive "a salary level equal to or higher than
(and suallyhrgher than) his'salary level
presently with the university utilities."
Chapel Hill Mayor Howard Lee said
telephone employees felt they would not
receive full credit for their years of service
with the University when they joined
Southern Bell's union.
Barry Roberson, an employee of the
University's telephone utility, said most
employees felt Southern Bell's union pay
scale should reflect the number of years
experience they have.
Tom Cartwright, an attorney representing
Southern Bell at the meeting, said he would
further answer Lee's questions in a letter to
Lee, after he has conferred with Southern
Bell officials in Charlotte.
A Special Act of the North Carolina
General Assembly in 1971 enabled former
Governor Robert Scott to appoint the
members of the Church Commission.
The powers of the commission were to
recommend to the UNC Board of Trustees
whether the University's utilities should be
Duke could not afford the cash outlay.
"None of the alternatives made economic sense," Hill
So the Durham Hotel is scheduled for destruction. And
according to John Clesch, owner of Content Clearing and
Exchange Corp., the company in charge of removing and
selling the furnishings, everything from the building must
be removed and sold.
The marble steps leading from the lobby to the
mezzanine are littered with chairs and paper while the
ballrooms have become storage rooms for everything
from short wave radios to marble-top tables.
People browsing through the once stately ballrooms
and hallways check price tags. Most of them regret that
the old hotel must go. "You can see it for miles," Barbara
Green said. "It's a beautiful place and a landmark. I hate
to see it go."
Tracy Barbee agreed, saying, "It's a shame that a place
with this much history has to be demolished. It'll be
missed by a lot of people in Durham."
The Durham townsfolk did not submit peacefully to
the idea of the hotel's demolition. "They hashed and
rehashed ways of saving the building," Clesch said. "In the
minds of most people, especially the older generation, the
hotel has historical significance.,
Clesch added, however, that the people's efforts were
not successful. "I have heard that negotiations still go on
sold, and if so, in what manner.
The legislature said the manner of the
negotiations must be in the interests of the
State of North Carolina, the University of
North Carolina at Chapel Hill, employees of
the enterprises or projects involved, and
those served by the enterprises or projects."
The University had hoped to receive the
$40 million resulting from the proposed sale
of the utilities. However, during its last
session, the General Assembly moved to
BSM gospel choir
may be autonomous
by Chris Fuller
The Campus Governing Council (CGC)
Finance Committee voted after two and a
half hours of debate Wednesday to
recommend that the Black Student
Movement (BSM) Gospel Choir become an
The recommendation, passed by a 3-1
vote, stemmed from an investigation of
alleged BSM violations of Student
Government treasury laws.
Treasury laws prohibit any organization
receiving Student Government funds to have
a checking account in any commercial bank.
Allegedly, the BSM Gospel Choir
maintained a checking account with a local
The committee recommended that the
choir's remaining Student Government
funds be returned to the unappropriated
balance of this year's budget. The $220 found
in the choir's allegedly illegal checking
account would be transferred to Student
Government's General Surplus. ---; vj- -The
choir's financial dependence on the
BSM was a major point of contention
between board members and nine BSM
CGC Rep. Doug Smith said 32 check
stubs were missing from a set of photostated
checking records provided by BSM. He
added that the stub for a check allegedly used
to pay a $21 traffic ticket was not contained
in the records.
Student Body Treasurer Mike O'Neal
supplied the CGC with the BSM budget
requests from the past three years. In 1972
73 the choir was listed as an expense of the
BSM Cultural Committee, and in 1973-74, it
was listed under travel expenses. Last year,
the choir was listed under both travel and
Cultural Committee categories.
But the BSM contended the choir never
actually received student funds because their
requests were not met and a category for the
choir was not included in the actual budget.
Therefore, BSM members claim the choir
was an independent organization not under
impound all receipts of the sale until it
reconvenes next May.
Temple said that if the sale of the utilities
goes through as planned, Duke Power could
be operating the electric utility by March 3 1 .
1976, and Southern Bell could take over the
telephone utility by April 31, 1976.
Consumer interest groups have estimated
that consumers' utility bills will increase by
as much as 60 per cent, if the sale to Duke
and Southern Bell is approved.
control by Student Government laws.
O'Neal then presented two requisitions for
student funds to the committee which he said
were used for the choir's activities.
One requisition, dated November I. 1973,
was used for a BSM Choir Concert. Two
other requisitions were filed to purchase four
Two letters for Student Attorney General
Anromeda Monroe were also presented
contending that the Gospel Choir was not
given student funds. A letter from the
Department of Student Life said that the
Choir was not recognized as an organization
Smith said the information was
incomplete and that the actual cancelled
checks and statements, rather than the
photocopied statements, were needed to
make a just and fair recommendation.
Smith proposed, with the support of
committee Chairperson Bill Strickland,
freezing the BSM funds indefinitely until
cancelled checks and bank statements are
-..Diggs -countered by saying the BSM and
the Student Attorney General believed the
material already supplied was sufficient.
BSM members frequently noted that the
burden of proof was on the Finance
Sherri Park, the only black on the Finance
Committee, recommended originally to
place the BSM on probation. However, she
later recommended that the Gospel Choir
The committee also recommended that
the Graduate History Society's Student
Government appropriation be cut by 50 per
cent, in response to alleged treasury law
violations. The committee stipulated that the
society- hold new elections with present
officers not being allowed to run.
Action on the Political Science
Association's alleged treasury violations was
The UNC Football Club had its budget
allocation cut by 50 per cent and was placed
on probation by the CGC Tuesday night for
fund law violations.
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in an effort to save the building," he said. "But we're going
ahead with plans to sell every thing out of the interior and
then implode it."
D.W. Griffith Co. of Greensboro is contracted to
handle the demolition. Hill said the structure will be
imploded, which means that explosives will be arranged
such that the walls will fall inward to prevent damage to
the many buildings nearby.
Clesch said demolition experts have estimated that the
hotel, because of its downtown location in a crowded
business district, will be one of the most difficult
demolition jobs in the country.
The demolition is set for the last Sunday in November
or the first in December. Durham Sun reporter BillStagg
said Sunday was chosen because the downtown area
would be void of business and traffic.