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Vol. 83 No. 22
Chape! Hill, North Carolina, Monday, September 29, 1975
f V J l
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by George Bacso
Assistant Managing Editor
DURHAM The Duke University
administration has proposed a five-year plan
to raise the academic quality of Duke's
' School of Forestry and Environmental
Studies, reversing a decision made last
February to phase-out the school.
University President Terry Sanford
announced the reversal when he gave his
address on the state of the university
Thursday. Sanford formally presented the
, detailed plan to the Duke Board of Trustees
"Careful review of the Forestry School
program has led administrators to believe it
should be retained," Sanford said. I propose
that we launch immediately a five-year
development plan to strengthen the Forestry
School's faculty and academic program, he
The phasing-out of the school was
proposed last February because of a large
defecit in Duke's budget. The announcement
sparked student and faculty protests, with an
estimated 1,000 students participating in
Sanford said Duke will attempt to raise a
$3 million endowment for the school
through the current university fund-raising
campaign. This would allocate from
$ 1 50,000 to $ 1 80,000 annually to the school,
Under the five-year plan, alumni
contributions will be increased from $10,000
to $20,000 per year. Other support will be
sought through corporate contributions,
federal funding and research grants.
"Achieving this will give us the
opportunity to achieve academic
excellence," said Sanford, a former North
Carolina governor and 1976 presidential
To raise the quality of the school's faculty,
Sanford said a distinguished professorship
SG attorney one step
by Vernon Loeb
First of a two-part series
The Campus Governing Council Tuesday
took the first step toward student legal aid by
passing legislation prohibiting a UNC legal
aid attorney from suing the University or any
other state agency.
Because Student Government is
considered an extension of a state agency,
the restriction on the attorney's power was
necessary before the N.C. attorney general's
office would consider changing three legal
I reasurer selection
:abled by committee
by Nancy Mattox
The Campus Governing Council
Administration Committee voted Sunday to
table the appointment of a new student body
treasurer because of controversy on whether
or not the student body president has the
power to fire the treasurer.
The CGC Administrative Committee met
Sunday to appoint a replacement for
treasurer Mike O'Neal, who was dismissed
Sept. 24 by Student Body President Bill
O'Neal refuses to leave office, contending
that the president has no legal right to
remove an officer whose position is
established in the student constitution.
Supporters of O'Neal said Sunday that
nowhere is it explicitly stated in the
constitution that the president has the right
to fire the treasurer. While the president
could fire any other member of the executive
staff, the duties of the treasurer are clearly
defined in the Student Government Code,
O'Neal supporters said.
But those who support Bates' action say
that the power to appoint immediately
implies the power to dismiss.
When asked if he had ever been
approached by O'Neal concerning upcoming
issues, CGC Rep Zapp Jennings, who moved
to table the appointment, replied, "It doesn't
matter whether he lobbies or doesn't.'
Everybody has a right to their own opinion
and a right to approach me, as a
representative, with their opinion."
Both Jennings and Rittenhouse said
O'Neal has never overstepped his duties as
treasurer. When asked about the recent
BSM funding freeze, Jennings said, "People
shouldn't be getting mad at Mike; they ought
to be getting mad at people who violate the
CGC Speaker Dan Besse, who voted
against tabling the discussion, called the
decision poor judgement on the part of the
committee. "They were not acting on the
will be sought for the school, one of only two
private forestry schools in the country. This
senior professor would provide "leadership
in strengthening the faculty and in money
raising," he said.
Sanford said the decision to continue the
school was reached after consultation with
faculty members, some of whom vocally
opposed discontinuing the forestry program,
and a team of outside forestry consultants.
He said the advisers made "encouraging
recommendations" regarding the forestry
program, but that the decision was "based on
our own analysis of what should be done."
by Dan Fesperman
The Student Supreme Court ruled
unanimously Friday to re-establish the
Media Board under its old bylaws, and
several members of the Board said Sunday
they will attempt to remove Board
Chairperson Dick Pope.
The ruling ' came after a court hearing
Wednesday night, called in response to a
restraining order granted to nine Media
Board members. The restraining order
temporarily halted the dissolution of the
Media Board by new bylaws that Pope wrote
The new bylaws authorized Pope and
George Bacso, treasurer of the dissolved
board, to act as an interim board until a new
one was established.
At the hearing, the board members
maintained that Pope's board bylaws were
illegally approved by the Campus Governing
opinions prohibiting any agency of the state
from hiring private legal counsel.
The opinions maintain that the attorney
general should represent state agencies
(including Student Government) in all legal
N.C. Senior Deputy Att. Gen. Andrew A.
Vanore, who has represented the attorney
general's office in negotiations with Student
Body President Bill Bates, said earlier this
month that the CGC legislation passed
Tuesday was the most preferable way to
That legislation, which failed at the Sept. 9
CGC meeting, was lobbied for by Bates after
principle of whether to appoint, but
supporting O'Neal," he said.
Besse said Jennings and Rittenhouse have
already expressed support for O'Neal in a
letter printed in the Daily Tar Heel on Sept.
23. The letter, signed by Jennings and
Rittenhouse and five others, stated, "Our
signatures affirm our personal support for
Mike and ask that he not resign as
CGC Rep. Dick Pope said the discussion
of a new student body treasurer will
probably be delayed until the Student
Supreme Court defines the duties of the
president and the legality of Bates' action, or
until O'Neal resigns.
University of North Carolina President
Dean Charles W. Ralston of the School of
Forestry supported the decision. "We
thought it was reasonable and we are fully
committed to it," he said Thursday.
Rick Glazier, president of the Associated
Students of Duke University (Duke's
student government), said Sunda y the five
year plan was "encouraging, because it
entails a committment.
"However, 1 have reservations because
they have set a plateau and seemingly a time
limit on the endowment," Glazier said. "I'm
afraid that if they do not get the funds that
they anticipate in the next few years, they
Pope contended he had written the new
bylaws because there were no verified copy
of the old bylaws.
The hearing produced contradictory
testimony regarding the existence of a
verified copy, but the court's opinion,
written by Chief Justice Darrell Hancock,
said the plaintiffs (the nine board members)
had shown that a verified copy does exist.
Ben Steelman, who represented the
defendant Pope, maintained the hearing
that Article IV, Section 2 of the student
constitution, which states that the Media
Board bylaws must be approved by the
CGC, gives the CGC power to write
Media Board's bylaws.
But the court's opinion stated that
constitution does not give the CGC
power to write the Media Board bylaws. The
opinion said other sections of the student
constitution where the CGC is given power
"If the contentions of the Defendants are
upheld," the opinion reads, "we might well
the bill's initial failure. Bates said he did not
want to pursue other means of obtaining
Before last Tuesday's CGC meeting, Bates
said that if CGC again defeated the bill
prohibiting the legal aid attorney from suing
a state agency, he would have considered
hiring the attorney anyway and have him
challenge the attorney general's opinions in
If the attorney general does not change the
three opinions, Bates said Sunday he would
not again consider challenging the opinions
in court because "the opinions do not have to
be challenged. We could hire the attorney
and have the attorney general challenge us,"
Vanore has said previously, however, that
it would not be advisable for Student
Government to hire an attorney before the
opinions held by the Attorney General are
If an attorney is hired before the opinions
are changed, Vanore said his office may seek
a court injunction to stop Student
Vanore, Bates said, personally favors
changing the opinions and allowing Student
Government to hire a legal counsel. But the
issue must go before the attorney general's
review board for approval. A decision from
the attorney general could come within two
weeks, Vanore has said.
Tomorrow: The feasibility of having one
attorney with 20,000 clients will be
considered. How will he or she represent the
entire student body and exactly what
services will he be able to provide?
by Art Eisenstadt
The NAACP has filed a court motion requiring the
Department of Health, Education and Welfare (HEW) to
enforce stricter desegregation measures at the University of
North Carolina and seven other state-supported schools.
The NAACP Legal Defense Fund Inc. filed the motion
Aug. I in U.S. District Court in Washington, the University
disclosed last week.
University of North Carolina officials have indicated that
the motion, if accepted by U.S. District Court m
Washington, could require new higher edu"uon
desegregation plans by the 16-campus consolidated
university and seven other states' systems.
But consolidated university President William Friday saia
the University itself is not a party to the motion. It has
actually been filed against HEW, Friday said. . .
The 1 1 5-page motion charged that while racial admission
barriers have been dropped at public colleges and
universities, little has been done to ensure that traditionally
white campuses attract black students, and vice versa.
"The mere abandonment of racial barriers to admission in
may drop the program after all."
It is still unknown whether the school will
get any money under the Mclntyre-Stennis
bill, which has been giving federal funds to
public forestry schools.
"As a private institution, we haven't been
able to get any funds," Glazier said. "There
seems to be a semi-movement to keep us and
Yale (the only other private university with a
forestry school) from getting any funds the
public schools of forestry don't want
anything given to us because it may mean
they get less."
assume that the CGC of its own initiative
could appoint the Student Body Treasurer,
Attorney General, or nay other official
which required their 'approval.'
The opinion also said, "The very nature of
specialized organizations such as the Media
Board require that they be allowed to use
their expertise to draft bylaws to suit their
Bill Moss, one of the plaintiffs, said the
board no longer has confidence in Pope
because of the bylaws issue.
Pope said Sunday he would not resign.
Rob Price, another Media Board member,
said the entire board, with the exception of
Student Body Treasurer Mike O'Neal, may
attempt to remove Pope.
Pope said, "That (an attempt to remove
him) would be fine. I'd be interested in seeing
if they could bring formal charges against
me, because they must if they want to remove
When asked about the board's
deteriorating confidence in him, Pope said,
"."Wliy'aon'f they ask Reynolds Bailey ( Daily
Tar Heel business manager) if he has
confidence in me. The main thing should be
if the publications have confidence in me."
Pope said membership confidence is
necessary for the effective operation of the
Media Board. "But if they feel that an action
almost unanimously approved by the CGC
(Pope's action of writing the new Board
bylaws) destroys their confidence, then that
is ridiculous, absolutely ridiculous," he said.
Price said he expects the Media Board to
be able to remove Pope this week. He also
said Mark Dearmon, former Media Board
chairperson, would be Pope's successor.
Dearmon said he had been approached by
board members regarding the chairperson's
position, but said, "I'd prefer not to go any
further in discussing this."
Pope said that selecting Dearmon as
chairperson would be a mistake, and
charged Dearmon with misleading the board
in the past few weeks. "They (the Media
Board members) were willing to make
decisions on half-facts, mostly half-facts
presented to them by Mark Dearmon."
Mooers enters alderman race
Frank B. Mooers, a member of the local
political pressure group, Citizens for Chapel
Hill, entered Friday the race for one of five
Board of Aldermen seats to be filled here
A retired 3M Company employee,
Mooers, 63, paid his filing fee Friday. "I'm
only going to serve one term if elected, so I've
got no axes to grind," he said.
Pointing to "40 years of sound business
experience," Mooers said he would seek
better management of the town's money and
a more responsive town board and town
elements of the higher education system no more satisfied the
obligations of state school officials that did the 'freedom of
choice' claim" in public schools, the motion charged.
"Freedom of choice" refers to a school desegregation plan
whereby any student should be allowed to attend any school.
The University of North Carolina System was specifically
cited as an example where the NAACP feels little has been
done to encourage desegregation.
The university was accused of discouraging desegregation
by refusing to:
encourage black admissions, scholarships and programs
.at "prestigious white institutions";
end duality of programs between black and white
upgrade facilities at black schools;
reassign faculty and staff among black and white schools
to encourage better racial balance;
set specific goals or dates by which complete
desegregation could be achieved; and
accept responsibility for desegregation on statewide level,
instead of shifting responsibility to the individual schools.
No other state listed in the motion was accused in all six
dies of heart failure
Dr. Bernard H. Boyd, a UNC religion
professor for 25 years died early Sunday
in Charlotte of an apparent heart attack.
Boyd, an ordained Presbyterian minister,
was in Charlotte to deliver a sermon in
the morning service at the Tabernacle
Associate Reformed Presbyterian
Stricken while speaking to a group of
people after the service, he was dead on
arrival at Charlotte Memorial Hospital.
Boyd had planned to deliver a series of
lectures this week in Charlotte.
Boyd came to Chapel Hill in 1950 as
James A. Gray Professor of Biblical
Literature. He served as chairperson of
the religion department from 1952 to
Since 1965 Boyd has led several
archealogical expeditions in Israel. He
received the Salgo Award for
Distinguished Teaching and was twice
the recipient of the Tanner Award, also
for distinguished teaching.
Born in Mount Pleasant, S.C., on
November 16., 1910, Boyd received his
B.A. from Presbyterian College,
Clinton, S . C. , in 1932. He then went on
to receive a Th. B. from Princeton
Theological Seminary, an M.A. from
Princeton in 1935, and a Th. D. from
Union Theological Seminary in
Richmond, Va., in 1946.
Boyd served as a professor of biblical
literature at Presbyterian College from
1936 to 1946. From 1947 to 1950 he was a
biblical literature professor at Davidson
Howes seeks seat
on alderman board
Jonathan B. Howes, chairperson of the
Chapel Hill Planning Board and director of
the University of North Carolina Center for
Urban and Regional Studies, announced
Friday he is a candidate for the Board of
"Because new challenges face Chapel Hill
as a result of continued growth, increased
concern for the environment and shifting
patterns of energy use, I feel that I possess
the skills necessary to provide the speical
leadership needed in these crucial times,"
A member of the recently disbanded
Chapel Hill Charter Commission, Howes,
38, cited his training and experience in urban
and regional planning and his knowledge of
Chapel Hill as his qualifications.
He said developing a proper relationship
between the board and town manager,
working with the state transportation
department and adjusting to new ownership
of the utilities are three areas in which he
thinks he can benefit the town.
Howes said he would be more effective in
"I'm neither a liberal nor a conservative,"
he said, adding that he favors the bus
system but wants to see it managed and
Mooers said he dislikes what he calls
interference by the mayor and aldermen in
the town's management. He said the Board
of Aldermen should confine itself to making
"I'm going to argue with anybody who
tries to involve himself in the (town)
manager's affairs who isn't a paid
manager," Moores said.
If elected, Mooers said he would be
named in 115 page motion
Dr. Bernard Boyd
College. He served as a Navy chaplain in
World War 11 and received the Purple
Boyd is remembered by students and
faculty as one of the outstanding
"As a student of Dr. Boyd's, and in
later days as a colleague, I can testify to
the extraordinary impact he had on the
minds of students," said professor Ruel
Tyson, religion department chairperson.
Services for Boyd will be held at 2 p.m.
Tuesday, at Walker's Funeral Home
here. The burial will be at the
Presbyterian Memorial Cemetery. He is
survived by his wife Thelma.
developing a comprehensive system for
growth management as an alderman than as
Planning Board chairperson.
A Knoxville, Tenn., native Howes earned
his undergraduate degree at Wittenberg
University. He holds a masters degree in
regional planning from UNC and one in
public administration from Harvard
Before returning to Chapel H ill in 1 970, he
was director of the Urban Policy Center of
the National Urban Coalition in
Washington, D.C., and was employed as a
part-time faculty member at George
Washington University. Before that he held
various positions with the U . S . Department
of Housing and Urban Development.
Howes was a member of the Task Force
on Land Use of the Council of State
Governments in 1973-74. In addition, he
served with Tennessee Gov. Winfield Dunn
as co-chairperson of the Committee oh
Growth Management Policies of the
Southern Growth Policies Board in 1974.
responsible only to Chapel Hill citizens. He
also said he thinks he is attuned to the
A 1933 graduate of Washington & Lee
University in Virginia. Mooers worked
briefly for the Minnesota Gas Co., before
beginning a 32-year career as engineering
and manufacturing manager for Minnesota
Mining & Manufacturing (3M) Co. Moores
lived in Minneapolis, Minn., for most of his
career before coming to Chapel Hill 13
: w -
Most university officials, both in the consolidated system
and on the individual campuses, have not yet been able to
closely examine the motion. Although it was filed in court on
Aug. I, copies of it did not reach university officials until last
University system President William C. Friday said. "If
implemented, (the motion) would change the racial mix of
the institutions very substantially. Each school would
apparently have to match the racial mix of the graduating
high schools classes."
Last year, the composite North Carolina graduating class
was about 27 per cent black. Black enrollment of the 1 1
predominantly white state universities is about seven per cent
of total enrollment, while about 90 percent of the students at
the remaining five institutions in the sytem are black.
In a related development, Friday announced last week he
is scheduled to meet with HEW officials in Washington,
D.C., Thursday, concerning the school's current
HEW has not fully accepted the UNC plans, and Friday
said the meeting will be a discussion session between the two
organizations. He said he does not expect a final world from
HEW on the plan.