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by Lynn Medford
Assistant News Editor
First of a two-part series
ASHEVILLE In an effort to prevent
destruction of Beaucatcher Mountain by a
Western North Carolina highway
construction project, a group of local
citizens has filed a complaint with a federal
court against the state Department of
The Beaucatcher Mountain Defense
Association, a 35-member group, has
retained a Greensboro law firm to seek a
court injunction preventing an open cut
through the mountain to widen U.S. 70-74 in
The proposed cut is intended to eliminate
traffic congestion created by a two-lane
tunnel through the mountain. All traffic
entering Asheville on U.S. 70-74, estimated
in 1970 by the highway department to be
approximately 34,500 vehicles per day, must
pass through the tunnel.
The defense association contends in its
complaint that the environmental impact
statement on the project is incomplete and
was given insufficient consideration when
the cut was approved by the North Carolina
Department of Transportation in 1967.
The association has been actively lobbying
for construction of twin tunnels through the
mountain, rather than an open cut.
Tunneling would reduce environmental and
social impact of the project, defense
by Chris Fuller
The Campus Governing Council released
the funds of the Black Student Movement
Tuesday night, with the stipulation that none
of these funds be expended for the BSM
According to the bill, passed 1 4-2-2, only
the Gospel Choir allocation remains frozen,
pending completion of a CGC Finance
Committee investigation of its allegedly
illegal checking account.
A deadline for completion of the
investigation is set in the bill for Oct. 7.
In addition, the BSM was placed on
probation for the 1975-76 fiscal year. This
means all BSM financial matters must be
handled by the student body treasurer.
The bill resulted from Student Body
President Bill Bates' agreement concerning
the examination of the BSM checking
records, made last week. Bates' agreement
provides for the records to be turned over to
-a special investigation committee of Sheri
Parks, the only black member of the Finance
.Committee, and Harold Wallace, associate
dean of student affairs.
Finance Committee Chairperson Bill
Strickland opposed the bill because the
Finance Committee was originally charged
with the investigation. He said the BSM
checking records should be turned over to
the Finance Committee rather than the CGC
Also opposing the bill, gallery member
Lloyd Scher said it is not the Finance
Committee's or CGC's job to prove the guilt
or innocence of any organization being
investigated for treasury violations. He said
the court, not the CGC, should investigate
and set penalties.
BSM Chairperson Lester Diggs said he is
disappointed with CGCs inaction. He said
the fund freeze was a degradation of BSM,
CGC, the student constitution and the
University itself. He asked that the funds be
released to allow the BSM to continue
serving the student body.
Bates released the funds last week after a
meeting with Diggs and after a BSM
delegation marched on the South Building.
Student Body Treasurer Mike O'Neal
refused to release the funds on grounds that
Bates did not have the authority to unfreeze
O'Neal and Strickland then refroze the
funds, contending that the CGC had failed to
extend the original bill freezing the funds.
An act to limit the fund freezing power of
the student body treasurer and Finance
Committee chairperson was also passed at
But Strickland requested a
reconsideration entered in minutes meaning
that the bill must be discussed and voted on
Last night's meeting
'calm and reasonable'
by Vernon Loeb
"I was afraid there would be some noisy
people there, but fortunately everyone was
calm and reasonable," Campus Governing
Council Speaker Dan Besse said after
Tuesday's CGC meeting, where the Black
Student Movement fund controversy was
The meeting contrasted sharply with last
week's CGC meeting at which the fund
controversy peaked. At that meeting an
abrupt adjournment left the BSM's funds
frozen after two hours of debate.
Two bills, one to release the funds and
another to continue the freeze, were both
defeated at last week's meeting, leaving
everyone present CGC members, BSM
representatives and members of the large
gallery of predominantly black students in
a confused and bewildered state.
Throughout the heated debate, loud
outbreaks prompted Besse to warn the vocal
gallery that further outbreaks would not be
"No one is leaving until this thing is
association members say.
; When planning for the Beaucatcher
M ountain highway project began in the early
1960's, the state transportation department
reviewed two plans for a widened single
Both plans were later rejected, with the
department contending that a widened
tunnel would not be able to handle projected
The department then suggested that an
open cut would allow for more lanes and
smoother traffic flow than a tunnel. The cut
was proposed at a public hearing in Asheville
in December 1967.
Although local public officials endorsed
the cut, the federal Bureau of Public Roads
requested consideration of a twin tunnel
plan, which called for two three-lane tunnels
for both local and through traffic.
The transportation department rejected
the twin-tunnel plan, contending that the
plan would increase the project cost by
approximately $1 1.4 million over the cost of
the open cut. Twin tunnels would create
lighting and signing problems, expansion
restrictions and large maintenance costs, the
commission also argued.
The open cut project was unanimously
approved by the transportation department
soon after the public hearing.
The defense association objected to the
department's decision and began a long
fight, which culminated in the recent court
suit to reverse the decision.
The suit contends that construction plans
at the next CGC meeting.
The bill was an amendment to a student
government treasury law concerning the
power of the student body treasurer and
Finance Committee Chairperson to freeze
funds of any organization receiving student
According to the amendment, the funds
frozen under the law would automatically be
unfrozen if the CGC takes no action at the
next CGC meeting following a formal
hearing of the Finance Committee on the
The amendment also states that the
treasurer and finance committee chairperson
cannot renew the freeze for the same
The original article said, "The
Chairperson of the Finance Committee
and or the Treasurer of the Student Body
shall have the power to temporarily freeze
the funds of any organization who has been
guilty of failure to comply with the Treasury
Laws . . ."
The article continues " to say that ' the
Finance Committee must hold a formal
hearing on the freeze within a week. The
Finance Committee will submit the decision
reached at the hearing to CGC for final
action, according to the article.
Strickland and O'Neal used the power
given to them bythe article to override Bates
decision to release funds last week.
CGC speaker Dan Besse, who introduced
the amendment, said the amendment was
designed to force the CGC to act in fund
freezing matters. He pointed out that the
CGC could maintain a freeze if the evidence
warranted an extension.
Strickland argued against the
amendment, saying it was a reactionary
measure. He maintained that funds cannot
be frozen by whim alone; a violation must
occur. He said it is unwise to allow funds to
automatically become unfrozen just because
of CGC inaction.
CGC member Greg Reid said he supports
the bill because of O'Neal's and Strickland's
actions last week in refreezing the funds.
The CGC was ignoring the issue of
innocent until proven guilty, said CGC
member John Sawyer. He said under the
unamended article the accused was assumed
In other action, CGC passed a bill
prohibiting a UNC student legal aid attorney
from suing the University or any other
agency of the state of North Carolina.
N.C. Senior Deputy Attorney General
Andrew Vanore told Bates earlier this month
that such a restriction on the attorney's
power was necessary before the Attorney
General's office would consider reversing
three legal opinions that consider it illegal
for Student Government to hire an attorney.
settled," one black member of the gallery
said as the meeting ended. A crowd gathered
to block the door, but people exited
Clusters of students arguing the issue
formed in all corners of the room with some
students standing on chairs to voice their
opinions. Most students left the room
apparently feeling justice had not been done.
At the more recent meeting, there were no
uprisings from the gallery despite attempts
on Monday to provoke a confrontation
between BSM supporters and opponents.
Flyers were distributed across campus
Monday night urging BSM opponents to
attend the meeting.
"Had enough of the BSM tactics?" the flier
was headlined. It also read, "...come down to
Craige Tuesday. Give your representative a
piece of your mind loud and clear
(remember, they seem to respond best to
mobs). Bring your six pack and cooler. It
might just be a long night!!!"
Some members of the large gallery,
composed of both white and black students,
did bring six packs and coolers, but the
meeting ended quietly and on schedule.
violate the 1973 Siltation and
Sedimentation Control Act and the 1974 air
quality control laws, Defense Association
Chairperson Marylyn Gordon said recently.
The association argues that siltation and
dust pollution created by the mountain
destruction, as well as the possibility of
landslides and severe erosion, were ignored
when the highway department decided to cut
through the mountain.
"To control sedimentation, they (the
transportation department) use hay bales,
logs and basins to detour it into channels,"
Gordon said. "How can they do that? Where
can they put hay bales to catch all that with
the sharp drops? That they can handle that
kind of siltation is a myth."
The sides of the cut will drop 270 feet, the
heighth of a 24-story building. AshevilleV
tallest building stands 18 stories high.
Gordon also said Asheville residents will
be plagued with noise and dust pollution for
the 24 to 30 months she said are necessary for
the blast. Tunneling would only take three to
six months, she said.
"Think of the dust from all the trucks
that'll be rolling through there for almost
three years (the length of time the
transportation department estimates to
complete the entire project)," Gordon said.
"The highway department says they can
control dust with water or sodium chloride,
but they can't control it, unless they build a
tent to cover the whole thing."
She said the sodium chloride wetting
agent would corrode the undersides of cars
fir- till -y ,MI
Vol. 83, No. 20
Five days of consistent rainfall have caused flooding in local low-lying
areas. On the positive side, the rain has eliminated a possible water shortage
in the Chapel Hill area.
Noise ordinance said
difficult to enforce
by Johnny Oliver
The problem of fraternity noise in Chapel
Hill, raised most recently in the fraternity
land-use controversy, is primarily one of
enforcement, Chapel Hill Police Chief
Sidney Hilliard said Wednesday.
Hilliard said that while the town's noise,
ordinance seems reasonable, it is very
difficult to enforce.
"There's a problem here in determining
exactly what is noise," Hilliard said. "What's
annoying to me may not be annoying to
The noise ordinance prohibits making
unreasonably loud, disturbing noise of an
intensity or duration "as to be detrimental to
the life or health of any individual" in the
The ordinance also requires a permit,
known as a band permit, for a sound
amplifying device used for hire.
Another problem involved in
enforcement, Hilliard said, is the reluctance
of people to press charges for noise
ordinance violations. "People call in
complaints, but they don't want to come
downtown to prefer charges," Hilliard said.
Before violation of the noise ordinance
can be presumed, the noise ordinance
requires either the complaints of two persons
living at different residences, or the
combined complaints of at least one person
and a police officer.
Under this provision of the noise
ordinance the investigating officer has the
authority to file charges for a violation,
- However, Hilliard said most fraternities
usually reduce the level of noise when asked
by the police. If a band is making the noise,
the band permit will be revoked should a
police officer have to return to the scene of
the alleged violation a second time.
Conviction for violation of the town's
noise ordinance involves court costs and up
to $50 and or 30 days. Hilliard said be does
traveling the roads daily.
In answer to the association's arguments,
Bill Caddell, transportation department
assistant secretary for planning, said the
potential for siltation problems does exist,
but technical devices will be used to
Geologists and blasting experts consulted
by the department advised the
transportation department that a benched
embankment will prevent landslides, he said.
Residues of chemicals used to moisten
construction dust will not linger on the roads
long enough to cause damage to vehicles,
state Highway Administrator Billy Rose
The defense association also objects to 1 1 0
families and 1 7 businesses being displaced by
the Beaucatcher cut. Gordon said the
displacement would not occur with the twin
Although reimbursed with the fair-market
value for land and property destroyed by the
cut, the relocated persons' inconvenience
and aesthetic loss cannot be compensated
for, Gordon said.
"It's a very fair value for blocks and
mortar, but they were not compensated for
giving up this beautiful location," she said.
But Secretary Caddell said, "There is a
dislocation of people, but that's involved in
any construction project."
Aside from unnecessarily displacing
families and businesses, the cut is forcing the
relocation of water and sewer lines, another
association chairperson, Margo Coggins,
Serving the students and the University community since 1893
Chapel Kill, North Carolina, Thursday, September 25, 1975
j - jvv . v
Staff photo by Margaret Kirk
not remember when someone was convicted
for a noise violation.
During the weekend of the Maryland
game, Hilliard said the department received
approximately six complaints about
excessive noise from fraternities. No band
permits were revoked during that weekend.
"1 tell people that in a college town you've
got to expect a little inconvenience,"
Hilliard said. "While most of our complaints
concern fraternities, we really don't have a
serious problem," he said.
Jim Sessoms, president of the UNC
Interfraternity Council said Wednesday he
did not think fraternities have been
unreasonable in complying with the noise
"Bands haven't been playing at all hours of
the night," Sessoms said. "Most bands at
parties stop at 12 p.m. or 1 p.m.," he said.
Sessoms said fraternities have received
excellent treatment from Chapel Hill Police,
and he knows of ho police harassment about
Scher alleges bias in
by Nancy Gooch
A UNC senior charged the Campus
Governing Council Wednesday with being
unfair and biased in its recent actions
concerning alleged treasury violations by
campus organizations. He also called for the
establishment of an independent committee
to investigate treasury violations.
Lloyd Scher, who served as executive
assistant to former Student Body President
Marcus Williams, said at a campus news
conference the bill to establish the committee
will probably be discussed at the next CGC
meeting to be held in two weeks.
The bill calls for the establishment of a 7
member nonpolitical committee to
s i ... .
A traffic bottleneck in downtown Asheville, Beaucatcher Mountain Tunnel has
created a 15-year-oid controversy.
said. The relocation could have been avoided
largely by tunneling, she said.
"The adjustments (to sewer and water
systems) will be more extensive with the cut,"
Rose said. "We try to look to the service to be
provided by the adjusted systems
Caddell and Rose defended the
transportation department's cut project,
citing vehicle safety, smaller cost of
construction and smaller future
maintenance costs as the advantages of the
Rose noted that the 1971 Environmental
Impact Statement prepared on the
by Art Eisenstadt
Student Body President Bill Bates fired his
appointed treasurer Mike O'Neal
Wednesday. The dismissal will be effective at
5 p.m. next Tuesday.
O'Neal said, however, he considers
himself a Student Government
administrator serving at the pleasure of the
Campus Governing Council, and will
continue in office unless CGC replaces him.
Both O'Neal and the media were informed
of Bates's decision in a letter released
"With the constitutional power invested in
me, and with a moral responsibility to the
student body, I do hereby dismiss the present
Treasurer of the Student Body, Mike
O'Neal, effective 5 p.m., Sept. 30, 1975," the
The announcement followed a Bates
request for O'Neal's resignation last Friday.
O'Neal told Bates Monday he would not
Bates said in his letter, "The request for
Mike's resignation, and this subsequent
dismissal, are not for malfeasance, but stem
from differences of parting opinion."
Although Bates said O'Neal performed
reasonably well as treasurer, he claimed
O'Neal had overstepped his authority.
"His influence spread beyond the
treasurer's office," Bates said Wednesday.
"It covered a wide range of issues from
personal feelings to staff policies."
Bates said O'Neal had criticized some of
his programs other than those involving
finance to other staff members and CGC
representatives. One such incident involved
the student legal aid program, Bates said.
Bates has urged the hiring of a student
government attorney, but the N.C.
Department of Justice indicated it would not
approve the position unless the attorney did
not have the power to bring legal action
against the University or the state.
Bates agreed to support this restriction
after a deputy state attorney general
recommended he do so to help get the idea
"The first time I heard of that was when
Bates mentioned it at a meeting," O'Neal
said. "It was a 180 degree turn from his
previous position. I disagreed with it, and
later advised against it."
O'Neal said, "Bill has certainly not
investigate treasury violations by student
organizations, the treasury laws themselves
and the student treasurer. Any violations
discovered would be reported to the CGC.
Committee members would be appointed
by the Student Supreme Court.
"This committee would have a different
outlook on the problems being discussed,"
Scher said. "The unequal ways organizations
have been treated leads me to wonder w hat is
fair and what is not."
CGC Speaker Dan Besse agreed that some
groups had received more trouble from the
CGC than necessary, but said some of the
differing treatment was caused by the
situations surrounding each case.
"The entire affair of uncovering treasury
law violations was handled poorly," Besse
v t k jr
Beaucatcher project by the transportation
department's Planning and Research
Division states that twin tunnels would have
"inadequate distances to allow for the
merging and weaving of traffic entering and
exiting the proposed facility."
The statement also says, "The open cut
will have no adverse effect on the
environment other than from an aesthetic
standpoint . . ."
Tomorrow: Beaucatcher Mountain
Defense Association charges government
maneuvering to get cut approved. Did state
officials and Asheville newspapers distort
the facts to benefit special interest groups?
hesitated to ask me to lobby in his behalf on
those issues that were of great concern to
him. Bates has made the treasurer a member
of his executive staff."
As treasurer, O'Neal said he was invited to
staff meetings, and asked for his opinions,
which sometimes differed with Bates's
Bates has also said he felt the activities of
O'Neal as treasurer were overshadowing the
rest of Student Government, and that
O'Neal's strict enforcement of the treasury
laws was creating unneeded controversy.
"Students have come to me to complain,
and I figured there's going to be
disgruntlement when they're on the losing
end," Bates said. "But when other students
with no conflicting interests came and
complained, I felt we had a greater
responsibility to the student body."
O'Neal said, "I did not make the law. 1 do
not like the law. But my job is to enforce the
law. If everyone is so gifted so as to see how
the matters should have been handled, why
didn't they come to me?"
Since taking over as treasurer last April,
O'Neal has frozen the funds of eight
organizations for violations of laws he
claims haven't been enforced for three years.
The investigations were limited to the 1974
75 and 1975-76 fiscal years, he said.
Bates said his decision to replace O'Neal
was not based on any one particular
incident, and that it followed the recent
Black Student Movement funding
controversy was incidental.
O'Neal had frozen the BSM funds last
summer pending investigation of the Gospel
Choir, a BSM subsidiary. The choir
allegedly maintained an illegal checking
Last week, Bates ordered all BSM funds
released, except for those of the Gospel
Choir. O'Neal refused to unfreeze the funds,
saying only CGC could order him to do so.
The CGC released those funds Tuesday
Bates said he will announce his
nomination for a new treasurer in several
days, and hopes to have him confirmed by
CGC next Tuesday. The Student
Government constitution requires that the
president's nomination for treasurer be
approved by a two-thirds vote of CGC.
O'Neal said he does not feel Bates can fire
him without consent of the CGC.
said. "Most of the organizations charged
with violations were ignorant of the laws or
misunderstood them. A fairer approach
would have been to see that all present
violations were halted and lesser penalties,
mostly probation, given."
But he said Scher's bill attacks an issue
that is already over. "1 hope that the CGC
has learned from this experience and that it
will not happen in the future."
The CGC resolved the final treasury law
violation case at Tuesday's meeting by
releasing most of the Black Student
Movement's frozen budget allocation. A
total of eight student groups had their funds
frozen following treasury investigations by
Student Body Treasurer Mike O'Neal.