fit f 1 ill X AM Serving the students and the University community since 1893 Chzptl il'.'A, f'srth CsrclSna, Friday, September 12, 1975 VcK C3, No. 10; Weather; cloudy n n 8 y ,3 ft r 11 I J i : ' 1 X - v " A U -' 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 Staff Writer 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 realized. "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 system." He said some provisions sound good on paper but cause problems in actual application. 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 Staff Writer 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 reorganization. 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 t 5 : WSSy-fcrW x : i : a " J 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 Marbley trial. 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 operation. Cansler said the Supervisory Board has also done a good job in educating people involved with the judicial system about its operations. 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 codes. 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 September 20. 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. I I f i J 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. Durham Hotel: once famous, now forgotten by Tim Pittman Staff Writer 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 insurmountable. "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 added. 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 Staff Writer 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 million. 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 Washington, D.C. 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 business. 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 said. 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. 7 . 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 Staff Writer 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 autonomous organization. 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 bank. 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 members. 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 :.i:v . conxracts 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 tambourines. 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 until 74-75. 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 available. -..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 Committee. 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 become autonomous. 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 postponed. 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. ... ." . ' i , ' , ' ! I T '-. , -K . . -. ,...''' ' ': f"""',"' 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.

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view