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Notre Dame rallies in final minutes
by Susan Shackelford
"Are you writing this story," said the
Chancellor. "It ought to be a good one."
The largest crowd (49,500) ever assembled
in Kenan Stadium was watching the game.
UNC Chancellor N. Ferebee Taylor made
that comment at the half, standing int he
press box. At the time, he only knew that
Carolina had held the nationally-ranked
Fighting Irish scoreless the first 30 minutes.
He couldn't foresee the topsy-turvy second
half to come.
"That's the way to hit him," shouted the
Chancellor, as Notre Dame quarterback
Rick Slager was sacked for a yard loss. The
Chancellor focused intently on the fourth-and-one
situation now faced by the Irish.
ND punter Tony Brantley received the
center snap, bobbling it through his legs.
UNC linebacker Bobby Gay rushed toward
him. Brantley turned around, retrieved the
ball and tossed it in desperation to halfback
Vol. 83, No. 33
Board of Trustees
on UNC u
by Dan Fesperman
The UNC Board of Trustees took no
action Friday regarding the controversial
sale of two University-owned utilities to
Duke Power and Southern Bell after the
board's utilities committee announced that
its report on the sale was not ready.
Ralph N. Strayhorn, head of the
committee, said at the meeting, "We feel that
the matter is of such importance that we .
wou Ii e a" little time before, we make a
recommendation. Therefore, we have no.
report at this time."
The trustees ha"d been expected to
decide after hearing the committee's report
and recommendation whether to approve
contracts to sell the University electric utility
to Duke Power for $I6 million and the
telephone utility to Southern Bell for $24
Strayhorn said Sunday the report may not j
even be ready in time for the board's next1
meeting, which will be held in November at
Henry A. Foscue, board chairperson, said
the trustees would probably meet in
November, even though the next meeting is
scheduled for December. 1
When asked Sunday if he was
disappointed that the report was not ready
Title IX: equal cost,
equal quality dorms
by Bob King
Second of a two-part series.
Because of Title IX regulations, the
Department of University Housing may
have to speed its plan to equalize residence
halls or convert a high-quality women's
dormitory into a men's residence hall and
offer lower-cost, lower-quality housing to
Title IX is the federal statute prohibiting
sex-based discrimination in federally funded
Currently, women's residence halls are of
higher quality than men's dormintories and
charge higher rents. The women's dorms
contain parlors, laundries and, in some
dorms, sinks in each room.
For now, Housing Director James D.
Condie and the University must wait for
specific guidelines from the Department of
Health, Education and Welfare (HEW) and
continue their general improvement
Other than a set of general directives
received from HEW late last summer,
Housing has no specific quotas for
equalization or deadlines in which to meet
The recent addition of kitchen facilities
and study rooms to men's dorms marked the
initial steps toward equalizing housing
But the ultimate answer to perfect equality
under Title IX may be either coeducational
facilities or changes in dorm sex status
because of the inherent inequality of the
Condie said recently some North Campus
women's buildings are inherently superior to
men's, and that the Department would not
downgrade women's facilities to achieve
equality in rent rates.
Condie's annual report, issued in May,
1974, stated that the housing department
-would charge the same rent for -equivalent
facilities and services. For unequal facilities
"It's Carolina's ball," shouted the
Chancellor. "Stick it in there." His red face .
became redder, leaning forward to check
where the line of scrimmage would be for the
Heels, who took possession. The ball rested
12 yards from the Notre Dame goal line.
Tailback Mike Voight on the next play
plowed through the middle from the ND 12
yard line for the first touchdown of the
steamy fall afternoon. "Go Voight," said the "
Chancellor enthusiastically, and Tom Biddle
kicked the extra point for 7-0.
That was Carolina's first score against the
Irish in three meetings.
"They are going to throw me out of here,"
said the Chancellor, "for making so much
noise. I'm usually in the box on the other side
of the stadium. I'm over here because I was
on the radio at halftime."
On the Tar Heels' next possession,
Paschall threw a 39-yard touchdown pass to
wingback Mel Collins, a sophomore
scamperer who has been known as a punt
returner and rusher until recent weeks.
Foscue said, "Not necessarily. It's quite a
voluminous thing; it will just take time."
T. Henry Redding, vice-chairperson of the
board, also said Sunday he was not
disappointed. "There is so much information
for them to go over," he said, "and we would
rather have them take more time and do a
If passed by the trustees, the sale must then
be approved by the Governor's Council of
State and the State Utilities Commission.
The .sale of the telephone utility must also be
approved by the Federal Communications
Commission in Washington.
Local customers can expect rate increases
from both utilities if the sale is approved.
UNC Utilities Director Grey Culbreth
said last week that local electric rates would
increase 1 5 to 20 per cent because of a recent
21 per cent rate increase granted Duke
Power by the State Utilities Commission.
The monthly rate for local telephone
service would increase from $6.50 to $7.38,
and John Temple, UNC assistant vice
chancellor for business, said the telephone
rates for business would increase by
approximately 20 per cent.
The utilities sale has been opposed by the
Chapel Hill Board of Aldermen, Mayor
Howard Lee, the Orange County for
Alternative Power and the Student
Consumer Action Union.
and services, the department would charge
proportionally different rates, he explained.
"We could tear down walls and make
parlors in men's buildings to try and equalize
facilities," Condie said, "but this would be
self-defeating with the present high demand
for on-campus housing."
But for many women, a parlor is an
amenity of questionable value. Ruffindorm,
which does not contain parlors, was
converted from a men's to a women's dorm
this fall because of the increased enrollment
of women, and many women seem happy
without the parlors.
One former Cobb resident who now lives
in Ruffin said she would miss Cobb's
laundry, but that she "never used the parlors
Aside from housing's improvements, each
residence hall has the capacity to improve
itself with its dorm enhancement fund,
Condie said recently. The fund is composed
of a $2 fee collected from each resident's
semester room rent.
Regulated and operated by the Housing
Department and the Residence Hall
Association, the fund may be used for
physical improvements, equipment
purchase, publications and repayment of
loans granted by the Residence Unit Grant
and Loan Fund. The loan fund, established
by Student Government, makes direct loans
to residence halls for physical
But since enhancement funds have not
been used effectively and can be used to
improve women's dorms, their use fails to
provide a long-term answer to dorm
Contending that "most treasurers are not
familiar with the proceedure of using the
funds," RHA member Bill Roddy has
proposed that a three-member board be
appointed to act as a liaison between
individual treasurers and the housing
At an RH A meeting last Thursday, Roddy
said "over $30,000 is sitting in enhancement
funds on this campus" and is not being used
for the intended purpose.
"Look out there," said the Chancellor,'
pointing to a wildly cheering Carolina
student section. "They are my people."
Biddle again added the extra point and the
Heels were up 14-0 the most points they
had scored against ND since a 34-24 loss in
But as the Chancellor left for the other
box, it was as if the"Devine" right of football
powers intervened. The Carolina fans still
cheered, jumping up and down with clinched
fists waving in the humid air, but Notre
Dame rallied furiously.
Notre Dame had been knocked around for
almost three quarters. It didn't look like a
top-20 team. Offensive backs Jim Heavens
and ailing Al Hunter hadn't found the holes
in a strong UNC team defense.
In the fourth quarter after a 32-yard
kickoff return by Dan Knott, Slager hit on
passes of 11, 13 and 13 yards to Ted
Burgmeier, Mark McLane and Ken MacFee
to highlight a 65-yard touchdown drive.
Please turn to Notre Dame, page 5
Serving the students and the University community since 1893
Chapel Hill, North Carolina, Monday, October 13, 1975
Staff photo by Martha S!vn
by Bob King
University professors donned full
academic regalia, the Carolina Choir and
Orchestra sang and played tribute to the
nation, and UNC history buffs gained
insight into the past Sunday at University
Day festivities, celebrating the
University's 182nd anniversary.
Also at the celebration, five UNC
graduates received Distinguished
University Day celebrates the laying of
the cornerstone of Old East on Oct. 12,
1793, which Chancellor N. Ferebee
Taylor called the "tangible beginning of
In a short address on past University
Days, UNC history professor William S.
Powell said Oct. 1 2 was chosen over three
other eligible days to celebrate the
University's birthday because fall is more
suited to holding a festival.
Other dates which he said might have
been truer birthdays but had
inappropriate seasons were: July 4, 1776,
date of the national Declaration of
Independence which set the theoretical
base for universities; Dec. II, 1789, the
date of the University's charter
ratification; and Feb. 12, 1795, when the
first student was enrolled.
Powell said past University Days have
been marked by prayer, music, planned
and impromptu oratory, presentation of
honorary degrees, faculty processions,:
alumni gifts and reenactments of the'
laying of the Old East cornerstone. '
Powell recalled that President John F.
Kennedy addressed a Kenan Stadium,
crowd of 32,000 at the 1961 celebration.:
Kennedy called for increased emphasis,
on higher education but denied rumors
that the government was considering
giving three votes to each college
graduate, Powell said.
Receiving the Distinguished Alumnus
Awards were: former University,
president Gordon Gray, historian and,
novelist Shelby Foote, sociologists GuVj
and Guion Johnson and author Frank;
Borden Haynes. I
Speech professor Martha Nell Hardy
gave a narration of American history
while the Carolina Choir and Orchestra
performed "The Song of America," a
musical adaptation of some of the
nation's best-known 1 9th century poets.
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Praise the Lord! UNC offense
by Art Eisenstadt
The Student Supreme Court is expected to
rule today or Tuesday afternoon on Mike
O'Neal's challenge of Student Body
President Bill Bates' authority to dismiss him
from his position as student body treasurer.
About 70 spectators attended the court
hearing held Thursday night in-Hamilton
Hall Campus. Governing Council
chairpersons Bill Strickland, Ben Steelman
and Dave Rittenhouse joined O'Neal as
plaintiffs in the suit.
Bates dismissed O'Neal Sept. 30 for
allegedly lobbying against Bates' policies
among the executive staff and CGC
Much of the argument during the hearing
centered on the constitutional definition of
the treasurer's job.
Ralph Yount, Bates' counsel, introduced a
taped phone conversation with a former
Student Government officer as evidence that
the treasurer was a member of the executive
branch, and thus, responsible to the
The witness, Arthur Hayes, served in
Student Government from 1961 to 1968 and
is now an attorney in Murphy. He allowed a
phone call with Billy Richardson, former
executive assistant and current informal
adviser to Bates, to be taped. Hayes also
mailed a transcript of the conversation to the
The treasurer's post was changed from an
elective to an appointive position in 1967 as
part of an executive branch reorganization,
"It was felt the treasurer and executive
by Chris Fuller
Suit was filed Thursday in Student
Supreme Court to abolish the Media Board's
bylaws on grounds that the bylaws violate
the student constitution by
underrepresenting graduate students.
Plaintiff Deborah Bloom contended that
the Media Board's bylaws are
unconstitutional under Article IV, Section 6
of the student constitution.
This section states that the Media Board
"shall contain a number of graduate and
professional students in proportion to the
number of graduate and professional
students in the student body . . ."
Bloom, a graduate history student,
maintained that the Media Board's bylaws
make no provision for the number of
graduate students. She said that of the
approximately 20,000 students at UNC, 26
per cent, or approximately 5,200, are
Of the 16 voting members of the Media
Board, only three, or 18.1 per cent, are
graduate students, she said.
Because of the alleged unconstitutionality
of the bylaws, Bloom said she wants the laws
voided, a, new set of bylaws written and the
present Media Board be prevented from
conducting any business until new bylaws
She also said the student Supreme Court
should order the present Media Board
chairperson and treasurer to conduct the
financial affairs of the board until the new
bylaws are written and another board
score against a Notre Dame team that needed help
secretary should be appointed rather than
elected because basically, they were
administrative positions rather than policy
making positions," Hayes said.
He mentioned two cases during the 1960's
in which the president fired the student
attorney general, comparing the cases to the
present situation involving Bates and O'Neal.
"We agreed the power to hire was the
power to fire, the power to appoint was the
power to dismiss," Hayes said.
Jay Strong and George Blackburn,
counsels for O'Neal, both objected to the use
of the tape. After a-15-minute conference
with O'Neal, they agreed to allow the tape to
be introduced, but pointed out that they had
not had the opportunity to cross-examine
Hayes and that a new constitution had been
implemented in 1971, three years after Hayes
left the University.
Strong called the tape "hearsay on
hearsay. Arthur Hayes is very knowledgable,
very sincere. But he must have had in his
mind the constitution as it existed prior to
O'Neal's counsels argued that the only
mention of an officer's dismissal in the
constitution was CGC impeachment.
"Only non-constitutional officers and the
editor of the Daily Tar Heel are exempt from
the impeachment act," Blackburn said. "But
the treasurer is a constitutional officer. He is
charged with the financial enactment of the
laws of (CGC)."
The plaintiffs alleged that Bates had
violated the student constitution when he
Yount countered by arguing, "The power
to dismiss is separate from the power to
impeach. The power to dismiss is inherent in
bylaws for Media Board
The provisions of Bloom's suit are similar
to those proposed earlier this fall by the
Campus Governing Council. The council
approved new bylaws and set up an interim
board consisting of the Media Board
chairperson and treasurer to handle business
affairs of the board until the new board
could be formed.
CGC took the action because some
members said no complete and verified copy
of the bylaws could be found.
After a copy of the laws were found,
Student Supreme Court ruled CGCs action
unconstitutional because the Media Board's
bylaws stated that the bylaws could be
changed only by a two-thirds vote of the
board and CGC approval. The Media Board
had not discussed the bylaw changes.
Bloom said her case is completely separate
from the previous court case in which CGC
approved new bylaws unconstitutionally.
CGC Rep. Ben Steelman, who is arguing
the Bloom case, said he may offer as an
alternative solution that the board be
ordered to reform itself to comply with the
Bloom said she is not sure if this would be
constitutional since all the bylaws, not only
those concerning board composition, are
unconstitutional because they were written
by an unconstitutional body. In addition,
she said the composition of the board should
be decided by CGC according to the
Media board member Rob Price said,
"My reaction (to Bloom's suit) without
Sun pocio dj xjtant Hardy
from Heaven to win Saturday
Weather: fair and cool
the rights of an executive."
He said the treasurer is responsible to
Bates because Article HI, Section 1 of the
Student Government Constitution reads in
part, "The executive power shall be vested in
a President of the Student Body, who shall
have the assistance of a Vice-President, a
Secretary and a Treasurer..."
The constitution also allows the president
to appoint the treasurer with the two-thirds
approval of CGC.
"The president's executive power to
appoint the treasurer necessarily includes the
power to dismiss, at his discretion, the holder
of that office," Yount said. "By coming
under the executive branch, the treasurer is
responsible to the president and must answer
to him for his actions.
"Likewise, in the public view, the
president is held responsible for the actions
of those in the Department of the Treasury.
Take away the power of removal, and in
what principle is his responsibility to be
Strong noted that it takes a CGC bill to
formally approve the treasurer's
nomination, and "nowhere in the
constitution is there the power (for a
president) to declare a law null and void."
(Actually, the president does have a veto,
although his would have no relevance in the
Supreme court justices must also receive
two-thirds CGC approval, Strong said.
Addressing the four court members, he said,
"If you find here that the president can
dismiss an official under the appointment
and two-thirds approval rule, then
gentlemen, you can consider your jobs in
having studied it, is her reasons sound v alid."
He said he believes she should have
approached the board before filing suit.
Price said politics has prevented the
Media Board from conducting its business,
which he said includes serious issues such as
the Daily Tar Heel fund investigation and
WCAR's conversion to an FM radio station.
"This is one more thing to hold us up," he
said. "I'm very disappointed."
Media Board Chairperson Dick Pope said
the point of law involved in Bloom's case is
pretty clear. But he added he did not know
what to do about it.
The approval of the present board's
bylaws without any provision for graduate
membership was an oversight, Steelman
The article in the student constitution
providing for proportionate graduate
representation is an amendment passed in
February 1974. The bylaws were passed in
the fall of 1974 before a complete copy of the
constitution was compiled. They were only a
slight revision of earlier Media Board
bylaws, Steelman said.
As a result, no CGC members noticed that
the board's bylaws violated the constitution.
Media Board Treasurer George Bacso
said Sunday, "I don't see any reason for the
suit except to keep the Supreme Court busy,
as if they haven't had enough to do lately.
And to ask that the entire set of bylaws be
thrown out is stupid, when all that needs to
be changed is the one section which applies