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Vol. 83, No. 23
Serving the students and the University community since 1893
Chcpel Hill, North Carolina, Tuesday, Septembsr 30, 1D75
Yeathen lair and warm
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by Vernon Loeb
Second of a two-part series
Now that the legality of a student legal
counsel is an issue resting with the N.C.
Attorney General, Student Body President
Bill Bates began Monday to determine the
feasibility of hiring one attorney for 20,000
Bates has organized a committee to
investigate the possibility of third year law
students assisting the student legal counsel.
Although various UNC administrators
have agreed on the need for a student
attorney, many felt it unwise for Student
Government to hire counsel before
determining the most effective way to use the
Dean of Student Affairs Donald A.
Boulton said earlier this month that
although there is a need for legal aid at the
University, hiring one attorney to advise and
defend both Student Government and
20,000 students was impractical.
"I'm in favor of finding out what kind of
needs are most important and then
determining the best way to meet those
The need for a student legal adviser is
impossible to determine. Law School Dean .
Robert G. Byrd has said. "I don't think
there's any question that one lawyer cannot
handle the legal matters of 20,000 students,"
he said. "This is not to say that some effective
system of legal aid cannot be worked out."
Bates said Sunday some type of committee
composed of undergraduates, law students
or a combination of both, must be
established to give legal advice lo students. .
The more difficult problems would be
handled by the student attorney.
Bates also said he wants the attorney to
advise Student Government but be more
oriented to the individual students.
Although Bates has begun to investigate
the possibility of a legal aid assistance
committee, he emphasized that many of the
legal aid operating procedures will have to be
worked out with the attorney himself.
Both applicants for the student counsel
position being considered by the Student
Government Counsel Selection Committee
said the legal aid program structure would
have to be determined largely by the attorney
The proposed student attorney would
represent students as a private attorney
would, although the attorney would not be
able to sue the University or any other state
Dorothy Bernholz, one of the applicants,
said she sees the job more as a legal adviser
than defender. She also said the attorney
must develop a close relationship with the
local bar association.
Many legal programs being organized
outside the University for students could be
organized by the Student Body Attorney,
Because students go to jail every night, she
said one such program could free students
from jail on their own recognizance.
Bernholz also said an assistance
committee with some legal training would be
necessary to help the student body attorney.
The other applicant, a Chapel Hill lawyer
who requested his name be withheld until
Student Government makes its final
decision, said the student attorney would
have to choose the areas where he could be
most effective and then concentrate on those
An ideal case for the attorney to handle, he
said, would be a landlord-tenant dispute
where the interests of many students could
be represented at one time.
He .also, said, the student attorney .must
establish a referral systemVith the local bar
association if his case load becomes
Student Government has allocated
$20,850 from its general surplus to fund the
legal aid program. The attorney's yearly
salarv would be SI 2,000.
r 7,' ' y
, V- s
-v. - - -stf photo, by Ch.rle HnJ
Two of the gentlemen who keep the university running! At left, an Duncan of the Physical Plant carves out his niche in the Y-Building.
unidentified workman does some welding on a large pipe. At right, Curcup
Resumes control at request of court-appointed trustee
University Gardens managed by Roberts
by Laura Seism
Roberts Associates has resumed
management and maintenance of University
Gardens Apartments, stated a Roberts
Associates memo, distributed to apartment
The apartments had been managed by
owners Bobby R.- Roberts and his wife
Florence since April. But last week the
complex became part of a trusteeship when
Roberts and his wife, owing creditors $8.7
million, filed a bankruptcy petition in U.S.
Middle District Dourt in Greensboro.
J.E. Wall, court-appointed trustee of the
apartments and Roberts' other personal
assets, asked Roberts Associates to handle
the apartment complex beginning Sept. 26.
The bankruptcy petition is the third filed
by Roberts Associates in the past year. Two
of Roberts' corporations, RA Properties and
Roberts Construction Co., became
trusteeships when bankruptcy petitions were
filed Nov. 13, 1974 and Feb. 12, 1975
Wall said the properties may eventually be
returned to Roberts, but "not any time
soon." The two corporations must be able to
pay their debts before. Roberts can resume
managmem, he said. " --
Roberts has held no office in either
organization since Wall took over the
According to the last petition filed,
Roberts and his wife are not considered
bankrupt but are referred to as debtors. They
can avoid bankruptcy, if creditors agree to a
plan by which debts are paid from the
In filing the bankruptcy petition, the
couple listed their assets as $2.4 million plus
all Roberts Construction Co. stock and 80
per cent of R A Properties stock, whose value
is unknown. Roberts listed his annual
income from the two companies at
University Gardens Apartments, valued at
$1.5 million, and eight to 10 lots in Orange
County, valued at S 1 0;O00. were among the
assets Roberts listed.-
The Durham couple listed as liabilities,
personal guarantees and endorsements on
notes of RA Properties and Roberts
Construction Co. The $8.7 billion they owe
creditors is part of 17 suits pending in state
and federal courts. Two other suits lor
undetermined amounts are also pending in
Orange County Superior Court.
The $8.7 million involved in civil suits,
ranges from $7,382,782 owed to MONY
M ortgage Co. to $7. 1 60 owed to First U nion
National Bank. Other suits involve North
Carolina National Bank. $28,116: Bank of
North Carolina. $26,629; First National City
Bank.; $875,000; and various building
suppliers and construction companies.
Assets other than the Chapel Hill and
Orange "County 'properties thai Roberts
listed include: Duke Manor Apartments in
Durham. $600,000; his Durham house and
lot, $250,000: common stocks. $15,000: a
1973 Lincoln automobile. S3.000: a 1974
Lincoln. $4,000; bank deposits. S500: and
household and personal items.
O'Neal remains as treasurer;
dismissal deadline approaches
by Art Eisenstadt
Although Student Body President Bill
Bates set 5 p.m. today as the effective time
for Student Body Treasurer Mike O'Neal's
dismissal, O'Neal said Monday he does not
intend to leave office.
But Bates said he does not intend td retain
O'Neal, even though chances appear slim
that the Campus Governing Council will
approve Bates' nomination of Graham
Bullard, currently O'Neal's assistant, for the
new treasurer tonight.
Bates fired O'Neal last Wednesday,
charging that O'Neal had overstepped his
authority as treasurer.
O'Neal contends that the president cannot
fire him, since the treasurer's post is a
constitutionally established office. The
Student Government constitution gives the
president the power to appoint the treasurer
(with the two-thirds approval of CGC), but it
does not explicitly say the president can fire
Bales has said his power to appoint
implies the power to fire. He would not say
how he would cut off the treasurer's power.
Presumably, if O'Neal refused to leave
office. Bates would have two courses of
action. He could obtain a Student Supreme
Court injunction against O'Neal's
continuing as treasurer.
Bates could also write a letter to the
Student Activities Fund Office directing its
employees to no longer accept O'Neal's
signature as treasurer.
Frances W. Sparrow, activities office
director, said Monday she neither wanted to
comment on nor get involved in the
The student constitution does not state
who, if anybody, can act as treasurer if a
Bates had originally set today as the
effective date for O'Neal's firing with the
expectation that CGC would confirm
Bullard's appointment tonight.
But the Administration Committee which
must consider all presidential appointments
before being reported to the floor, tabled the
nomination Sunday, 3-1-1. Committee
Chairperson Dave Rittenhouse said those
voting to table felt Bates' firing power should
be clarified before a new treasurer is
for alderman seat
Staff photo by Martha Stcren
Student Body Treasurer Mike O'Neal
has been asked to resign office by 5 p.m.
by Jim Roberts
Jane Sharp, former environmental quality
chairperson for the League of Women
Voters' state board, announced Monday
morning as a candidate for the Chapel Hill
Board of Aldermen.
She also announced she will be campaign
coordinator for mayoral candidate Gerry
Chairperson of the town Recycling
Implementation Committee, the 58-year-old
Sharp said she is committed to recycling
natural resources instead of dumping them
in a landfill.
Chapel Hill should "move to as much
recycling as possible," she said at a
Municipal Building press conference. "We
cannot wait for the state and the U.S. to take
by Tim Pittman
First of a two-part series
The construction of seven nuclear power plants in
North Carolina is sparking a rapidly expanding debate
between power companies and conservation groups.
The controversy, which also involves scientists and
the public, centers on the issues of public safety and
financial concerns and neither side will concede much
to the other.
The power companies and other proponents of
nuclear power maintain that while nuclear power is the
logical and economical choice to solve the nation's
energy crisis, it also complements conservation efforts.
On the other hand, the conservation and concerned
citizens groups, argue that nuclear energy brings with it
the danger of potential nuclear holocaust.
Of immediate concern to the conservationists is the
investment power companies have made to construct
nuclear reactors in this state.
Duke Power spends $1.5 billion per day on nuclear
construction, Dick Pierce, Duke's assistant vice
president for corporate communications, estimated.
Duke has planned two plants to serve Charlotte and
another to serve the Winston-Salem area.
Although Carolina Power and Light would not
release exact expenditures, Sid Linton, assistant vice
president for corporate communications, said CP&L's
building costs were also very high.
CP&L has scheduled nuclear power plants to serve
Asheville, Greensboro and Raleigh and has already
built one at Southport near Wilmington.
Pierce of Duke said energy produced by nuclear
plants would justify the expenditures.
But David Martin, a North Carolina State University
physics professor, warned that the power companies are
withholding information on nuclear costs.
"Economics is a sore point," Martin said, "because
from an economic standpoint, nuclear power is not a
solution until it is used for a few hundred years."
Waste disposal is one of the nuclear power
opponents' major concerns. Drew Diehl, executive
director of Chapel Hill ECOS,said,We think there are
no suitable systems to store nuclear waste because, due
to the nature of the waste, the system would have to be
99.999 per cent perfect.
"You could not allow for earthquakes, freak weather
accidents, acts of God or human error when you are
dealing with nuclear waste."
He cited the long life of radioactive material, the fact
that some types of waste can be used to make bombs and
the waste's cancer-producing nature are hazardous
features of waste storage.
Diehl said that if nuclear wastes accumulate at the
current rate, there will be 30,000 tons of it by the year
But Pierce did not feel the waste problem is as crucial
as the conservationists describe it. "The technology of
permanently storing the small amount of waste
produced by the plants is complex," Pierce said. "But
I'm sure the technical aspects can and will be worked
Dr. Thomas Ellerman, head of N.C. State
University's engineering department, said waste storage
is a problem but added, "The real problem is a matter of
not having enough money to develop a permanent
system of effective waste disposal."
The most reasonable storage areas are salt beds,
Flleman said He explained that an earlier attempt to
store 2Lar wastes in Kansas salt beds failed because
3Ld been dug in the area of the tested
the waste began seeping out," Ellerman sa.d That
wouM not have bcena problem had the test site been
checked beforehand." ,
But the question of safety extends beyond waste
storase Conservationists point to the amount of
Sui ow .eve. radiation continual i.y emmedfa ,
olanl and the possibilities of accidents in the reactors.
P D ehl warned that steady exposure to the emission
from nuclear plants could cause cancer, b.rth defects or
unknown, scientists do not know exaci
an accident Diehl said he said, which
One possible accid a,oolant system fails,
occurs when the rcac fission cess
Temperatures inside the silo wne
occurs, would rise ! t
knows where the "SS llhl said. N.C.
it would react ou si dc -the onta ne
amount of radioactive material in d- rrm.
"The radioactivity coming from such a cloud might
wipe out a city as large as Raleigh," Martin said. "But
the biggest threat would be widespread contamination
resulting in uninhabitable land."
Power company representatives, however, think the
safety features built into a nuclear reactor make the
plants more than safe.
"Our safety systems are redundant," Pierce said.
"Sometimes as many as four back-up systems are built
According to Pierce, the Nuclear Regulatory
Commission places heavy restrictions on nuclear power
plant construction. "We have to satisfy 69 different
government agencies during different stages of the
construction of nuclear plants," Pierce said.
Ellerman said a study on nuclear plant safety predicts
only one accident will occur in 17,000 years of reactor
life. "Nobody can make any absolute guarantees about
the plants," Elleman said.
Ellerman and Pierce dismiss the idea that a nuclear
power plnat's radiation is dangerous. 'You would get
more radiation during a high-altitude flight from here to
Los Angeles than from living next to a plant for a year,"
And Ellerman said, "The government permits a
person to receive 175 millirems (unit of radioactive
exposure) of radiation per year. A person living in the
v icinity of a plant might receive .01 millirems per year.
Tomorrow: Have the conservation groups made any
significant progress in halting nuclear power plant
construction? The utility companies say no; the
conservationists say yes.
If elected, she would urge the Board of
Aldermen to lobby for a state law requiring
returnable bott'.es. A bill requiring a 5-cent
deposit on bottles and cans was defeated by
the General Assembly last summer.
"Either we have to pass a local bottle law
or stir up enough support to influence the
legislature," she said.
Although her public affairs experience lies
mainly in areas of environmental concern,
she said she is also interested in the town's
bus system and growth.
"Buses are definitely a must." she said,
adding that the bus system should be
expanded and refined to maintain air quality
and prevent energy waste.
She estimated the town has now reached
90 per cent of its maximum sie.
Consequently, she said, "any further growth
should be regulated and controlled."
As an aid to senior citizens. Sharp
recommended building an apartment
building in the central business district.
Sharp said she agrees with some ol
mayoral candidate James C. "Jimmy"
Wallace's environmental proposals, hut has
decided to support and coordinate Cohen's
Cohen's "background and record do
qualify him to be mayor. Gerry is fully
conscientious and very well informed," she
Wallace's proposal to streamline Board oi
Aldermen meetings "might well dilute citi?en
involvement." she said.
A graduate of Cornell University, Sharp is
also a member of the Governor's
Commission on Resource Recovery and
Recycling and the N.C. Council on Solid
Dr. Boyd's funeral
at 2 p.m. today
Funeral serv ices for Dr. Bernard Boyd,
who died Sunday afternoon of heart
failure, will be held at 2 p.m. today in the
University Presbyterian Church.
The burial will be at the Chapel Hill
In lieu of flowers, the family requests
memorials be made to the Dr. Bernard
Boyd Memorial Fund in care of the
The Daily Tar Heel commissioned an
interview with Dr. Boyd several weeks
before his death. That interview appears
on page 4.