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Serving the students and the University community since 1893
Chapel HHI, North Carolina, Wednesday, September 24, 1975
Vol. 83, No. 19
A News Analysis
By Greg Nye
Second of a two-part series
In response to American Bar Association
(ABA) threats to withdraw accreditation of
the N.C. Central University law school, the
state General Assembly appropriated early
this year $2.5 million for a new law building
and $150,000 for other improvements.
Even so, the General Assembly can see no
need in the state for more lawyers, because
the North Carolina law schools produce
more law graduates each year than the state
The General Assembly had almost no
choice but to appropriate funds for
improving the predominantly black NCCU
law school, John Sanders, University of
North Carolina system vice-president for
planning, said last week.
by Merton Vance
Although a federal judge dismissed last
week a case attempting to end student fee
funding of the Black Student Movement, the
judge's opinion cautioned University
administrators from ever again recognizing a
racially exclusive campus group.
The suit, filed by two UNC law students in
mid-1974, alleged that the BSM was racially
discriminatory because the group admitted
only black members. However, last
September, the BSM began admitting non
U.S. Middle District Court Judge Eugene
A. Gordon cited the decision to admit non
blacks as grounds for dismissing the case last
-In his opinion,-Gordon warned that if the
BSM docs not allow students of all races to
join, the court would entertain a new lawsuit.
Associate Dean of Student Affairs James
Cansler said the UNC administration now
Bill to release funds
passes CGC 14-2-2
The Campus Governing Council late
Tuesday night approved 14-2 the release
of all Black Student Movement student
funds with the exception of the Gospel
Finance Committee Chairperson Bill
jij Strickland and Rep. Dick Pope voted
against the bill.
Following passage of the bill releasing
the funds, the CGC approved a resolution
urging all students interested in BSM
: affairs to join the group.
The fund release follows months of
debate over the BSM allocation. The
controversy began when Student Body
Treasurer Mike O'Neal discovered over
the summer several alleged treasury
: violations by the BSM.
$j Debate on the BSM bill began at 8:45
p.m. when graduate student Lloyd Scher
spoke in support of the BSM position.
Measure would affect three
by Johnny Oliver
A proposed rezoning ordinance affecting
three sororities and fraternities was referred
to the Planning Board Monday night by the
Chapel Hill Board of Aldermen.
The move followed a public hearing where
eleven persons spoke against the zoning
change and seven spoke in favor of it.
The proposed ordinance would rezone
two areas. in town to include only single
family residences. If passed, the ordinance
would prevent construction of additional
fraternity and sorority houses in the areas
and prohibit expansion of the existing
One area runs north and south of East
Rosemary Street and east of Hillsborough
Street. The Delta Upsilon fraternity is
located in this area.
" The other area lies north of East
Rosemary, between Spring Lane and'
Hillsborough Street. The Kappa Alpha
Thcta and Alpha Delta Pi sororities are.
located in this area.
"Any attempt by the General Assembly to
withhold improvement funds from the law
school at Central would be regarded by the
ABA and the Department of Health
Education and Welfare as a racially
discriminating act," he said.
The ABA threatened to withhold
accreditation from NCCU's law school after
an inspection last July 28 revealed
overcrowding and poor facilities. The ABA
demanded that improvements be made,
saying the state needs a law school which can
provide good training for educationally
After the ABA issued an ultimatum in
February threatening to withdraw
accreditation, NCCU Chancellor Albert N.
Whiting and consolidated university
President William C. Friday met and asked
UNC law professor Frank R. Strong to draw
up a comprehensive improvement plan for
the NCCU law school.
Strong's plan, which was accepted by both
requires student groups to be open to all
races in order to be recognized by the
But he said this policy is not a direct result
of last week's court ruling, as plaintiffs in the
case contended. These changes would
probably have come about without the
lawsuit, he said.
"There are manv factors at work,"
Cansler said. "The administration has
worked over the past decade to ensure that
campus organizations are open to all races."
Canskr said he views the lawsuit not as a-blame-finding
process but rather as a process
to achieve equality under the law.
In the opinion filed last Wednesday,
Gordon ruled, "The Court strongly
condemns the approving University officials
whoy with apparent knowledge, for several
years disbursed e funds collected from
mandatory student fees to an organization
whose membership policy clearly excluded
everyone except blacks."
He said CGC and the Daily Tar Heel
distorted facts concerning the BSM.
Scher said the Football Club's funds were
frozen and not the whole Sports Council,
therefore only the choir's funds should be
frozen, not the whole BSM's. (
After the bill passed, Strickland
motioned that the bill be carried over to
the next. CGC meeting for further
consideration. The motion was
automatically accepted because of
In other action, the CGC passed an
amendment to student treasury laws
providing that any funds frozen by the
student body treasurer or Finance
Committee chairperson for treasury law
violations are automatically unfrozen, if
the CGC takes no action at the next CGC
meeting after a Finance Committee
formal hearing on the violations.
See Thursday's DTH for details
Planning Board Director Mike Jennings
said at the public hearing the proposed
zoning ordinance may not stand up in court
without including a comprehensive zoning
plan for sororities and fraternities.
A Delta Upsilon representative, Alan
Pugh, spoke in opposition of the zoning
change. Pugh said he was "concerned about
the effect of the zoning on the fraternity."
Werner Hausler, speaking for 20 of the
concerned area residents who petitioned for
the zoning change, said the group accepts '
"the fraternities and sororities that are in the
area." But Hausler added, "We would like to
discourage, however, any additional
incursion into this residential area by a use
that we feel is basically incompatible.
The problem of noise coming from
fraternity and sorority houses concerned
most of the residents who spoke in favor of
the zoning change.
Alderman R.D. Smith said that although
he favored fraternities and sororities, he
would like to outlaw bands after 10 p.m. and
possibly outlaw amplified sound in the town.
plans drawn for NCCU law improvement
the ABA and NCCU's Board of Trustees,
calls for the hiring of eight new faculty
members, raising faculty salaries to the
national average, spending approximately
$100,000 a year for three years on the law
library, raising the dean's salary and hiring
more administrative assistants.
Strong also wants to see the law school
remain predominantly black. The school is
now 60 per cent black. In his report, Strong
says, "Blacks and other underprivileged
applicants do not score well on the Law
School Aptitude Test and often are able to
present undergraduate cumulative averages
only slightly above minimum levels for
To enable the school to remain open to
blacks and underprivileged groups and yet
ensure the capability of students admitted to
the law school, Strong recommends that the
school maintain a flexible admissions policy.
In his report, Strong also suggests
admitting only 90 students into each
The ruling also said the University's policy
of "unequivocal refusal to fund any racially
exclusive organization" is probably a result
of the lawsuit.
Cansler noted that determining the actual
openness of groups such as the BSM or the
Association of Women Students is difficult,
because it is uncertain how many whites or
men would respectively join each of these
Neither BSM Chairperson Lester Diggs
nor former BSM Chairperson Algenon
Marbley could say how many non-black
members are now in the group.
The lawsuit was filed by UNC students
Lawrence Uzzell and Robert Arrington, who
charged that the BSM was discriminatory by
only allowing black members After the
BSM began admitting non-blacks, Gordon
ruled the case moot and dismissed it.
The lawsuit also charged that Student
Government provisions for minority
representation on the Campus Governing
Council (CGC) and Honor Court are
discriminatory, but these charges were also
Student G overnment bylaws stipulate that
there be at least two minority members, two
women and two men on the CGC. If this
number is not elected, the student body
president must appoint members of the
appropriate race or sex.
The plaintiffs contended that this practice
constitutes racial discrimination. The court
dismissed this charge on grounds it did not
have an injurious effect on the plaintiffs.
Gordon said that because the provision
has never been used, no rights of the
plaintiffs have been violated.
A third part of the lawsuit challenged
Student Government provisions for racial
representation in the Honor Court.
Under student bylaws, an Honor Court
defendant can request that four of the seven
court members hearing the case be of the
defendant's race and or sex.
The court ruled that since this choice can
be made by any student, regardless of race or
sex, it is not discriminatory.
Attorney Hugh J. Beard, who represented
the plaintiffs in the case, said Uzzell and
Arrington have not decided whether they
will appeal the case.
Uzzell, a UNC law student, declined to
comment on the case. Arrington, a UNC law
school graduate practicing law in Tennessee,
could not be reached for comment.
Board member Alice Welsh agreed with
Smith saying the present noise ordinance is
Alde'rman Sid Rancer said he would not
favor rezoning in the area at any time.
The board voted to have Town Manager
Kurt Jenne study the possibility of
strengthening the noise ordinance.
Mayor Howard N. Lee reprimanded the
Planning Board for failing to attend the joint
Board of Aldermen-Planning Board Public
"There appears to be an insufficient
number of members of the Planning Board
taking their job and position serious enough,:
to sacrifice and come to public hearings,
Lee said. Only three of the nine Planning
Board members, including Jennings, were
present at the public hearing. One Planning
Board seat was vacant at the time of the
The aldermen authorized Lee to draft a
resolution telling the Planning Board
members that if they cannot attend public
hearings, they must relinquish their seats. .
freshmen law class and reducing the
numbers of out-of-state students admitted.
Some improvements have already been
made. During the past two years President
Friday has- asked NCCU Chancellor
Whiting to limit law school enrollment.
Total enrollment has been reduced from 291
in 1973 to 216. Although the General
Assembly has appropriated $2.5 million for
a new law building at NCCU, the ABA,
stressed in its report, filed after the July
inspection, that administration and
enrollment problems should be solved
before a new building is constructed. The
AB A also doubted that $2.5 million would
be enough to build, a law school for 300
Although Strong did not attach a budget
request to his improvement plan, Sanders
estimated the operating budget for the law
school should expand from $352,000 last
year to $900,000. But the budget for this year
will be only $425,000.
k vans v. A'.
- 5. v
Above, contestants await the starting gun in the recent
doughnut eating contest sponsored by the Intra-Fraternity
Council as part of Greek Week. The contest was part of the
Fraternity Decathlon, a series of events which included an
Olive Relay and an Egg Toss. At right, one contestant seems to
be eating his fill of sweets.
Jimmy Wallace for mayor?
by Richard Whittle
Staff Writer ,
After weeks of speculation it appears
certain that James C. "Jimmy" Wallace will
announce as a candidate for mayor here this
Wallace, a North Carolina State
University professor and former Chapel Hill
alderman, remains officially undecided. But,
he has tentatively scheduled a press
conference for 11 a.m. Thursday, and
sources say he will probably announce that
he will run against Alderman Gerry Cohen in
the Nov. 4 election.
Wallace refused to say whether or not he
has actually made up his mind. However, a
source close to Wallace said,"I have a strong
inclination to believe that a man who is
f,!!ke O'NesIt current student body
The General Assembly appropriated an
extra $75,000 for the law school's
improvement this year, and Friday is
attempting to transfer $25,000 in funds from
the university system's budget to the
improvement program. Next year the
General Assembly will appropriate an
Sanders, however, said he thinks the gams
made by the school have been substantial.
"The law school budget at NCCU increased
25 per cent," Sanders said. "Such an
expansion is a considerable amount during a
year in which the General Assembly is
operating on a tight budget.
"The ABA knows the financial situation in
the state and will take this into account when
they review the law school's progress next
year," Sanders said. "When the consolidated
university makes it next budget request to
the General Assembly in 1977, the ABA will
be looking for substantial increases in the
law school budget."
$ . v&
Staff photos by ChariM Hardy
scheduling a press conference isn't doing it to
say he's not running.
"Why don't you just say that Jimmy's got a
press conference scheduled, and it's a good
bet he'll run."
If Wallace does enter the mayor's race
tomorrow, he and Cohen will probably be
the only two contenders for the post, which
Mayor Howard N. Lee will vacate this year.
The 52-year-old Wallace has been
rumored as a candidate for some time. An
outspoken environmentalist, he is a member
of the North Carolina Environmental
Management Commission and has served on
the Chapel Hill Planning Board from 1960 to
1964 and from 1970 to 1971.
Despite evident support for Wallace as a
potential candidate, town political observers
2 . :.:- f I i r
H '' ' J
f I "
by Art Eisenstadt
Student Body President Bill Bates will
issue a statement at 9 a.m. today explaining
his reasons for asking treasurer Mike O'Neal
Bates has not yet fully explained why he
wants to remove O'Neal from office.
Although he had suggested O'Neal resign
last Thursday, Bates did not formally ask for
the treasurer's resignation until Friday.
O'Neal has so far refused to leave office,
saying the president has no right to remove
an officer whose position is established in the
student constitution. Bates said he will fire
O'Neal if he does not leave voluntarily.
"I didn't ask him to resign for no reason,"
Bates said Tuesday. "The decision has been
pending for the past two weeks."
Bates said the current Black Student
Movement (BSM) funding controversy is
not the reason behind his decision to replace
O'Neal, who- has strictly enforced the
treasury laws since taking office last April,
The threat of withholding accreditation
has made the issue of funding the
improvement plan politically visible, and the
General Assembly was forced to commit
funds. In the future, however, the continuing
law school improvement will depend on the
budget requests of both Whiting and the
Friday, W?hiting and the Board of
Governors have shown a willingness to
improve the law school at Central.
But, in the future, Whiting will have to
determine the law school's priority in respect
to other schools at NCCU. Friday and the
Board of Governors also must decide what
priority the law school should have in
relation to the 16-campus system. Finally,
the General Assembly must assign a priority
to the improvement plan. These steps will
not be nearly as politically visible as saving
the law school's ABA accreditation.
See related story on page three.
thought two weeks ago that he had decided
against running. But, when contacted by the
Daily Tar Heel early this week, Wallace said
he still had not made up his mind.
A native of M artin County, Wallace came
to Chapel Hill in 1940 as a UNC student.
With the exception of a three-year period in
the 1940s, he has resided here ever since.
He holds degrees in mathematics, physics,
history, public health and law and has been a
visiting professor at both the Duke
University and UNC law schools.
In addition to his teaching and state
government work, Wallace owns the
Continental Travel Agency in Chapel Hill
and the Meridian Travel Service, which has
offices in Raleigh and the Research Triangle
froze the BSM budget in June. O'Neal
alleged that the BSM Gospel Choir
maintained an illegal checking account.
Last week Bates and the Finance
Committee ordered all BSM funds released
except for the Gospel Choir budget. O'Neal
refused to unfreeze the money, saying only
the full CGC could direct him to do so.
O'Neal has indicated he thinks the only
way he could be forced from office is if CGC
Meanwhile, Bates' wife Debbie said in a
letter to the Daily Tar Heel, Bates is being
unfairly accused of firing O'Neal because of
a personality conflict.
She said O'NeaPwas a bit underhanded in
his efforts and therefore," Bates disagreed
Explaining the letter, Debbie Bates said
O'Neal had been interfering with the
president's staff and that the treasurer often
did not warn Bates when he was about to
take a potentially controversial action.
"Bill had enough confidence in Mike to let
him make his own decisions," she said. "But
we're all getting tired of having to clean up
the messes he makes."
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