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Serving the students and the University communitv since 1X93
Vol. 83, No. 62
Chapel Hill, North Carolina, Tuesday, November 18, 1975 '
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Student Body President Bill Bates (right) denied that he had violated campaign
spending laws in the spring 1975 election. He accused the former student body
treasurer of supplying false information to reporters.
as defendant in suit
by Dan Fesperman
The consolidated University of North
Carolina Board of Governors has reversed
its decision to intervene as a defendant in the
NAACP Legal Defense Fund's law suit
against the Department of Health,
Education and Welfare.
But the board is leaving open the
possibility of intervening later.
The board, which met Friday in
Greensboro, had voted three weeks ago to
intervene in the suit, which charges HEW
with not enforcing strict enough
desegregation measures in North Carolina
and seven other states.
Richard Robinson, assistant to
consolidated university President William
C. Friday,, said Monday, "The Board. felt
that there would probably be better
opportunities later to address issues
concerning the suit in which the Board
would be interested." He then added, "There
is still a possibility that they will intervene
The Board of Governors originally
favored intervention to ensure the University
system's representation in the suit.
Representation was considered important
because a ruling in favor of the Legal
Defense Fund would force HEW to order
the U niversity system to match the racial mix
CGC to debate eliminating president's vote
by Chris Fuller
Two constitutional amendments, one
which would, in effect, remove the
student body president from the
Campus Governing Council and one
which would allow a three-fifths vote of
CGC to override a presidential veto, will
be voted on tonight by the CGC.
If the resolution to amend passes, the
student body will vote on each
amendment separately in a Jan. 21
The first amendment would make
CGC a 20-member council, composed
of one representative from each district
and, if needed to have minority
representation, up to four presidential
The president, who is now a voting
ex-officio member under constitutional
law, would not be included on the
The second amendment would allow
the CGC to override a presidential veto
by a three-fifths vote of members
present at a council meeting, while now
a majority vote will override a veto.
CGC Rep. Jay Tannen, who
introduced the amendments along with
Reps. Tal Lassiter and Dick Pope, said
the resolution to amend will be the most
interesting legislation discussed at the
CGC meeting tonight.
Tannen said the resolution is not
vindictive toward Student Body "
President Bill Bates, but said "having an
executive on the legislative body is
Bates said Monday he is against the
resolution. Although separation of
power may be needed, he said, more
complete studies should be made before
any action is taken.
Removing the president from CGC
strengthens the legislative body's power
without providing a real system of
checks and balances, Bates said. But
Lassiter, who is optimistic of the
resolution's passage, said the
amendment separates the duties of the
executive and legislative branches.
Criticizing the present system, Pope
of high school graduating classes in North
But Robinson said two weeks ago, after
meeting with N.C. Deputy Atty. Gen.
Andrew Vanore and private attorney J. D.
Williams, that Williams told him that the
consolidated university would eventually be
represented in court whether it intervened or
Without the intervention, he explained, a
ruling in favor of the defense fund would not
directly bind the University system to
HEW's orders. "HEW would act, in a sense,
as a conduit for the court order."
If the University system failed to carry out
H E W's orders, H E W could then either move
to have the system's federal funds cut off or
refer the case to the U.S. Justice
NtT matter what course of action HEW
took there would be a court case involving
the University system.
Williams sent Vanore an opinion letter
last week concerning the possible
consequences of intervention.
Robinson said the letter stated that
Williams believed the intervention "was not
the best opportunity for North Carolina to
have its full day in court, and that there
would be future opportunities for litigation
in which North Carolina would be better
said the president has more power than
any single legislator because after voting
against a bill in CGC, he can veto it and
then vote to uphold his veto.
However, Bates argued that once a
bill passes CGC, a veto will probably
not be upheld by a majority is needed to
pass a bill and to override a veto.
Pope also said the proposed three
fifths vote to override a veto would be a
sufficient check on the legislature's
power because, as the amendment is
worded, all abstentions would count as
The idea of separation of power was
used by Bates in opposition to the bill
Staff pftoto by Alice Boyle
Chapel Hill Mayor Howard Lee, a
candidate for lieutenant governor of
North Carolina, addresses the Young
Democrats Club Nov. 11
Accuses Mike O'Neal of supplying
misinformation to campus publications
by Vernon Loeb
Student Body President Bill Bates accused
former Student Body Treasurer Mike
O'Neal Monday of supplying false
information to Carolina magazine and the
Daily Tar Heel, which stated that Bates
violated campaign spending laws during last
spring's run-off election.
Both publications received an unsigned
statement last week alleging that Bates
willfully omitted expenditures from his
campaign spending report, and that "these
unreported expenditures placed Mr. Bates in
violation of the Student General Election
However, O'Neal said Monday, he had
not seen the statement, which according to
Carolina co-editor Elliott Warnock, was the
basis of a Carolina story Thursday which
said Bates "may have violated campaign
The unsigned statement alleged that Bates
overspent the $ 1 25 run-off election spending
limit by $45.30 for two unreported campaign
First, it alleged that, although Bates
reported a $122.94 expenditure to Chase
Printers, he did not report an additional $18
also paid to the printers. Included with the
statement sent to both publications were
photocopies of Bates' campaign spending
report and a Chase Printers receipt for the
additional $18 payment.
The statement also contended that Bates
failed to report expenses for eight
endorsement letters which it said were
distributed in residence areas the night prior
to the run-off election. A conservative
estimate of the cost of these letters would be
$27.36, the statement said.
Bates said if he could prove O'Neal wrote
the statement, he would consider taking him
to honor court for lying.
Carolina reported that Bates' failure to
report the additional expenditure to Chase
Printers and his failure to report the
endorsement letters' expense "may" have
"constituted violations of campaign "spending
laws and "if this is true, "the implications
could be serious."
Bates said the additional $18 payment to
Chase Printers might have been a campaign
expenditure and, if so, he would have
exceeded the $125 run-off spending limit.
He added, however, that he deliberately
did not use approximately $27 worth of
printed materials in the campaign and that
not using those materials kept him within the
Elections Board Chairperson Brooke
passed last week which established a
student bodv comptroller. He had
argued that the office of comptroller
gives a legislative position executive
powers. - -
Pope, who voted for the comptroller
bill, said, "1 happen to feel the power
there (in the comptroller bill) can go to
either the executive or legislative
branch. 1 prefer to give it to the
Lassiter agreed, saying the bill is good
in that it gives the legislative the power
to fire the person controlling the
treasury, rather than the president.
Also scheculedto come before CGC
by Jim Roberts
"You always have to try and remember the
faces," the candidate said, driving to the
Democratic Party rally.
"If I see someone halfway smiling, I'll say,
'It's sure good to see you again, and shake his
The candidate is outgoing Chapel Hill
Mayor Howard N. Lee, 41, who wants to be
North Carolina's next lieutenant governor.
The Democratic rally, held last Friday
night at the Country Squire steak house
located in Duplin County halfway between
Kenansville and Warsaw, was rather
subdued l or a political get-together. Most of
those attending talked quietly and ate pan
fried steak while candidates gave three
minute speeches before a looming Terry
Sanford-for-President campaign poster.
"It really doesn't do you that much good
to come to one of these rallies," Lee said on
the way there. "It's just that if you don't
come, you're missed."
Exposure is the key to Mayor Lee's
campaign at this point. Three weeks ago, as
he drove to a meeting of the Wake County
Young Democrats Club (YDC) in Raleigh,
the candidate said, "This type of event is to
contact known areas of support and also win
over those on the borderline."
And although Wake County is not
considered to be one of Lee's strongholds
(his most formidable opponent being Wake
Bynum said Monday a precedent has been
established whereby candidates are not
required to report the expenditures for
materials not used in a campaign.
Ricky Bryant, Elections Board
chairperson during last spring's election,
said he agreed with Bynum's interpretation
and added that the election laws leave much
to individual interpretation.
As for the unreported expenditures for the
endorsement letters, Bates said they were
distributed prior to the regular election and
not the run-off election as the unsigned
statement and Carolina magazine reported.
Expenditures for the letters were reported as
regular election expenses, Bates said. The
spending limit for the regular election was
He noted that each letter urged students to
vote on Wednesday while the run-off
election was held on a Monday.
While photocopies of the endorsement
letters were sent with the statement
apparently to prove that Bates violated
election law spending limits during the run
off election, the letters' reference to a
Wednesday as the election day disproves the
Bates said the unsigned statement, which
he attributed to O'Neal, was libelous and
part of a slur campaign. "What bothers me is
that O'Neal didn't go through the Elections
Board or the Surpreme Court, but through
Dean of the journalism school John B.
Adams, an expert in libel law, said he thinks
the unsigned statement is libelous. But he
added that even if Bates knew who wrote the
statement, it would be difficult to win a libel
suit in state court.
After denying Bates charges, O'Neal said
all documents that accompanied the
unsigned statement were part of the public
record and not documents that only O'Neal
would have access to.
O'Neal helped direct Bates campaign last
spring. He also set up Bates' account with
Chase Printers during the election.
The anonymous statement was received
first by Carolina magazine late last
Wednesday, Warnock said, after he was told
by an unidentified phone caller that
information for an article could be found in
the Dialectic Chambers on the third floor of
There, Warnock said, the unsigned
statement was found with its accompanying
documents. Carolina's article on possible
spending law violations ran Thursday after
reporter Dave Duckett wrote the story early
tonight is a bill to repeal the Daily Tar
'Heel Emergency Loan Fund. If passed,
the bill would absolve a $10,000 fund
used to extend loans to the DTH in
times of financial difficulties.
Lassiter, who is the CGC
representative to the Media Board's
committee investigating the DTH, said
he does not think the loan fund should
be eliminated. Although he does not
f orsee the D TH asking for more money,
he said the money should be available in
case a real crisis should arise.
Lassiter also said CGC has the option
to refuse the loan.
"The Democratic Party gave us the New Deal,the People's Deal
and the Fair Deal. But the Republican Party hasgiven us the Raw
County Commissioner Waverly F. Akins),
he seemed to impress the Young Democrats.
"He's (Lee) a pretty good politician," one
YDC member said. "I'm pretty much for
Waverly (Akins), but Lee's going to get some
support from Wake County. Being from
Chapel Hill, he (Lee) is recognized pretty
well in this area."
Despite the fact that Lee has not officially
declared his bid for the nomination and the
fact that the election is barely less than a year
away, Lee is campaigning hard. He estimates
that he now spends 65-70 per cent of his
working time on the campaign.
The remainder is divided between his
duties as mayor, his position as director of a
Duke University employee training program
and his various business interests. He says he
averages four to five hours of sleep a night.
M ore time will be devoted to the campaign
when, in December, Lee finishes his third
term as mayor of Chapel Hill. And in
January, Lee will take a leave of absence
from his position at Duke.
So far, in the campaign, the mayor has
centered on raising money and identifying
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Kate the fire-eater and juggler, along with her
partner George (not pictured) gave an impromptu
show in the Pit Monday. Kate spits fire, using
scented lamp-oil, and then smothers the fire with her
mouth. She said it isn't that hard to eat fire, it simply
takes guts and timing. Kate spent the last six months
in Europe, learning methods of streetbegging from
European masters of the art.
2 - M
by Bob King
Dormitory room sign-up procedure, a
source of controversy among campus
residents this fall, will probably be left for
individual residence areas to decide,
Director of University Housing James
Students will have a choice between the
persistence method (waiting in line) and the
random selection (the so-called lottery)
methods of selecting which residents can
; return to their dorms next year.
A recent Residence Hall Association
(RHA) survey showed opinion divided
between the two plans, while a plurality of
students favored a combination of plans.
Many residence areas clearly favored one
method, and Condie said he wants to
accomodate those areas and "give students a
responsible position in the sign-up
Applications for campus housing,
published in the "Room to Live" booklet,
will have to be turned in along with a $50
deposit a week before sign-up. Condie said
some buildings might find that the number
of students who apply to return is less than
the quota, eliminating the need to allot space
by lottery or persistence.
This year's sign-up will probably be
conducted in late March, Condie said. He
statewide Democratic support for his
candidacy, Dick Broom, his campaign
assistant, said recently.
In late August and early September Lee
spent a week visiting party leaders and media
representatives in Fayetteville, Lumberton,
New Bern, Washington and Greenville. He
has also ventured to Democratic rallies in
individual counties across the state.
Broom, a former reporter for local radio
station WCHL and Lee's only paid
campaign worker, said the reception
received by Lee on these campaign trips has
been amazing. "Either we're talking to the
right people or they're just being polite."
During most of the trips and rallies,
contact between the mayor and the partisan
Democrats has been on a one-to-one basis.
"The mayor is most effective person-to-person
unprepared and off the cuff,"
Broom said. "He does so well meeting
At the Young Democrats meeting in
Raleigh and the Duplin County rally, he
spent much of his time doing just that.
At Don Murray's Bar-B-Q restaurant in
Stat! photos by Howard Shepherd
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left to areas
added that he hopes the housing department
will be able to announce room rent rates by
Rent rates will not be determined, Condie
said, until the General Assembly acts on a
proposed salary increase for state
Although it is not a state agency, the
housing department is obliged by law to pay
its employees the same salaries as state
employees, who have not received a
legislated cost-of-living increase in three
years. Staff salaries comprise a major
portion of the housing department budget.
If the legislature does not decide on the
proposed pay increase before rent rate are
announced, Condie said he would budget for
a higher rent figure. "If the legislature still
failed to pass the salary raise, housing would '
refund the differential to students." Condie
"The department might keep the fund and
put more money into renovations and
repairs, if it's small," he said.
The new plan's major feature is a program
to help students find off-campus housing.
The program will begin in mid-February, so
student can get assistance in finding off
campus accomodations before dormitory
room sign-up, Condie said. This will prevent
student from signing "for campus housing as
Raleigh, Lee not only shook hands with but
also talked to all of the 50 young Democrats
And at the Duplin County banquet,
between bites of steak, Lee walked around
the dining room talking with party
acquaintances and their friends.
But Lee wasn't the busiest politician there.
State Sen. George Marion, D-Surrey.
seemed as if he couldn't sit still. With long
grey hair w hich made him look like a middle
aged college student, Marion spent his time
hopping from table to table, talking with
most of the approximately 300 Democrats
State Sen. John Jordan. D-Alamance.
"works these things the most," Lee said
before the rally. "He stands at the door and
greets the people as they come in."
Lee's campaign is also progressing on the
organizing level, as campaign groups have
been established in Forsyth, Guilford,
Robeson, Cumberland, Alamance,
Mecklenburg, Wake, Durham and Orange
counties, he said.
While his strongholds are in the
Piedmont, Lee said he is weak in the western
parts of the state and his support is sporadic
in the east.
Lee also believes he is weak in the business
community. "I've been labeled as a liberal,
and many think that automatically makes
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