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Duke beat State 78-64,
Clemson beat Virginia 63-55
and Wake Forest ran away
from Davidson 115-87 in
action Wednesday night.
Serving the students and the University community since 1893
Volume 85, Issue No.
Thursday, February 16, 1978, Chapel Hill, North Carolina
Please call us: 933-0245
s, Cureton in runoff
Rainy and cold
It will be rainy and cold
today with the high in the
upper 30s and the low in the
upper 20s. Friday will be
sunny and cold with the high
again in the upper 30s.
n 9 1 9 9
in 'Tar Heel' race
By JACI HUGHES
Lou Bilionis trampled Jim Holleman in
the Daily Tar Heel editorial race
Wednesday, carrying 78 percent of the votes
Bilionis received 3,385 votes to
Holleman's 958. He carried all districts
except the medical school, which Holleman
took by five votes, 25-20.
Holleman was not present in 209
Manning, where Elections Board
chairperson Bob Saunders and volunteers
counted the votes. Holleman could not be
reached for comment.
Bilionis has promised to broaden news
coverage to include all facets of campus life
and to improve distribution.
Bilionis said he was disappointed in the
low voter turnout (4,343 in the editorial
race). "It's too bad it was so low. 1 don't think
it hurt or harmed me," he said.
Bilionis said he will conduct interviews for
DTH staff positions beginning Friday. "1
encourage anyone who is interested in
working at the DTH in an editorial position
or as a writer to come by the office starting
Friday. The positions are wide open at this
Bilionis also pledged to appoint a full-time
ombudsman to solicit student opinion about
the paper. "It's going to be a tough job for the
simple fact that the DTH hasn't had the
position before," he said.
Bilionis was unchallenged in his bid for the
editorship until Holleman announced his
candidacy Feb. 8.
Bilionis is a junior English-economics
major from Fitchburg, Mass. A Morehead
scholar, he worked as associate editor for the
DTH from March to December 1977.
Bilionis also served as assistant press
secretary in Massachusetts state government
and wrote news and features for the summer
Tar Hee l. ,
Home pregnancy tests a vailable
in over-the-counter purchases
By KATHY HART
A woman can now determine whethei
she is pregnant in the comfort of her own
home. The Early Pregnancy Test (EPT),
manufactured by Warner-Chilcott, can
be bought over the counter at drug stores
and used at home to determine
"The price of the non-reusable test kit
is between $10 and $11," Roxboro
pharmacist Ben Tillet said. "The test is
very similar to one used by many
The test is based on a urine sample
which contains a special hornryone present
only during pregnancy human
chorionic gonadotrotin. "Certain
chemicals are sensitive to this hormone
and react by coloring the sample," said
Nick Holland, Glen Lennox pharmacist.
"The procedure for the test is fairly
simple. The woman collects a sample of
her first morning urination. Three drops
of urine and a tablet containing the
special chemicals are added to a vial of
premeasured distilled water.
"You shake the vial for 10 seconds and
then put it back in the case where it
should sit undisturbed for two hours.
"The kit contains a chart for reading
Past racial incidents on UNC campus
may influence black high schoolers
By DAVID STACKS
Adverse publicity about the Ku Klux Klan
speaker protest in 1974, the trial of black
student leader Algenon Marbley in 1975 and
the Upendo Lounge decision in 1976 have
made many black high school students think
twice about enrolling at UNC, a black i
administrator said last week.
"Potential students begin to ask, 'Hey,
what kind of university is it where black
students have to protect themselves from
whites brought in from the outside,' " said
Harold Wallace, director of special
programs in the University's Division of
Wallace said several specific incidents of
racial unrest on campus correspond closely
with fluctuating black freshman enrollment
figures close enough for him to believe
publicity about blacks on campus has
persuaded at least some potential minority
students not to apply to the U niversity or not
to enroll if they already have been accepted.
"Black high school students see the
r . v -
V" ' :
Lou Bilionis will be the new Daily Tar Heel editor after winning 78 percent of the vote
in the election Wednesday. Bilionis ran an "experience vs. inexperience" campaign
against Jim Holleman, who ran an "insider vs. outsider campaign." Staff photo by
Sam Fulwood III.
Holleman characterized the race as insider
vs. outsider while Bilionis called it
experience vs. inexperience.
Holleman, a junior majoring in radio
television and motion pictures, is from
Durham. His only journalistic experience
was as editor of his high school yearbook. He
tried to capitalize on being an outsider,
claiming thafthis would give him a fresh
the test. A brown ring indicates
pregnancy while a clear yellow indicates
For pregnant women, the test has been
found to be 97 percent accurate,
according to the literature enclosed in the
kit. For non-pregnant women the test has
an accuracy rate of 80 percent and 91
percent if the test is repeated one week
The test is effective only nine days alter
the woman's last expected menstrual
period. "I think the test is reliable, but I
feel the instructions should say it is
effective 14 days after the woman's last
expected menstrual period." said Peggy
Norton, physician extender at the
Student Health Services. "The test is
basically the same as the one we do here,
and at only nine days the test can be
"I think it is great for the general
public. But for the student 1 think cost
should be a drawback. At the Student
Health Service the test costs nothing.
"I also hope girls aren't using t he test in
place of adequate contraception.. The
type of girls looking for such a test are
usually the ones that are sexually active
and using inadequate contraception.
What these girls need is good
contraception, not a pregnancy test."
situation as a white administration
persecuting black students, even though that
is not really what happened," Wallace said.
In 1975, Algenon Marbley, chairperson of
the Black Student Movement, was tried
before Undergraduate Court on charges of
disrupting the speech of national Klan leader
David Duke in 1974. Amid news reporters
and photographers from across the state,
Marbley was acquitted by a jury of four
blacks and three whites.
Later in 1975, Student Government
Treasurer Mike O'Neal froze BSM's funds
for allegedly making questionable use of
monies from a checking account operated
independently of the SG treasurer.
With memories of O'Neal and Marbley
fresh in their minds, black leaders picketed
University Day observances in 1976 after
administration officials announced plans to
relocated BSM's Upendo Lounge from the
first floor of Chase Hall on South Campus.
Wallace said a group of black high school
students on a campus tour were noticeably
distrubed when they saw a protest march
against Puke in progress the same day.
approach to the paper's editorship.
Bilionis said one way to broaden news
coverage, is to bring in additional staff
writers. "1 would bring in at least 15 more
staff writers." he said. "The biggest problem
is that the DTH isn't finding out what's going
on. If it doesn't know what's going on, it
can't report it. , .
See DTH on page 5.
Challenged for first time in the state
N.C. cohabitation law incompatible with resident
By BEVERLY MILLS
Staff Writer .
The constitutionality of the North
Carolina cohabitation law is being
challenged in court for the first time.
Nevett F. Ensminger maintains that the
cohabitation law violates his constitutional
right of privacy.
The North Carolina cohabitation statute
states: "If any man and woman, not being
married to each other, shall lewdly and
lasciviously associate, bed and cohabit
together, they shall be guilty of a
Ensminger is being represented by Barry
Nakell and William J. Turnier, associate
professors at the UNC School of Law. The
North Carolina Civil Liberties Union is
sponsoring the case.
The N.C. Justice Department will defend
the statute. The N.C., attorney general
declined an invitation to participate in the
case. The case is scheduled to be argued in
the Fourth Circuit Court of Appeals in May,
and the court should make its decision by
Nakell said he thinks his chances of
winning the case are good. If he loses, his
client will appeal to the U.S. Supreme Court
for a writ of certiorari, which means his
"All these students go back to their high
schools thinking these things are
representative of what goes on here at
Carolina all the time," Wallace said. "They
ask questions about what they see and what
they read in the newspapers.
"We tell them the average black student
does not join the protest march every day,
but they are more affected by what they see
themselves and what other students tell them
than by what we (Student Affairs officials)
tell them when they visit the campus," the
Black freshman enrollment dipped to its
lowest since the decade began when in 1976
only 194 blacks enrolled for the fall semester.
The figure for 1975 266 was a decline
from the 270 black freshmen who entered the
University in 1974.
Enrollment began to climb when 223
black freshmen came to Carolina last
semester. The 1978-79 academic year is
expected to be the peak of what has become a
three-year cycle in enrollment figures.
Admissions officials say they are expecting
250 black freshmen to enroll next semester.
Lewis edged out,
in president race
By HOW ARD TROXLLK
Jim Phillips and Gordon Cureton placed
first and second in the student body
presidential election Wednesday. The two
will face each other in a runoff election Feb.
Phillips captured 1.349 of 4.614 votes cast
in the presidential election (29 percent).
Cureton received 879 votes ( 19 percent). 39
votes ahead of third-place Sonva Lewis with
"I'm very pleased, and 1 really want to
thank those who voted for me and helped me
in my campaign." Phillips said after the final
tully. "My victory reflects the hard work we
"It was a good campaign, with quite a lot
of issues discussed. I believe that shows the
students are interested in the issues and are
concerned about them."
Cureton trailed Lewis at one point by as
many as 8 1 votes, until results from the final
three polling places Morrison. Wilson
Library and Ehringhaus were counted.
Cureton asked Lewis if she wished to have
a recount of the ballots after the votes were
totaled, but Lewis declined.
"I think 39 is a good-enough margin," she
said. "II it had been 10 or 20...
"It was very nice of Gordon to do that. It
was a good race and I have no idea of who
I'm going to support in the runoff."
Cureton said he asked for the runoff "just
for the record it needed to be clear. I just
felt on everyone's behalf we needed to know
"And now we've got to get our
organization and structure rolling. This
election is by no means the end."
Craig Brown placed fourth in the election
with 61 1 votes (13 percent). Robert Lyman,
with 402 votes (9 percent ) was fifth, followed
by Bruce Border with 330 votes (7 percent)
and Jeff Ellington with 203 votes (4 percent).
client will ask the court to hear the case.
"If we win (in the court of appeals), the
U.S. government will appeal, and there's a
better chance the court will hear the case if
the government appeals," Nakell said.
"The Supreme Court has said it is open on
this issue of the constitutionality of
cohabitation statutes. That suggests to me
that the time is ripe fof review."
This law was codified in 1854 and has
remained unchanged since then.
The Ensminger case was filed in the U.S.
Tax Court June 1, 1976. Ensminger claimed
his female dependent as a tax deduction on
his 1974 income tax return. The federal
Commissioner of Internal Revenue would
not allow the deduction because hiconuded
that Ensminger's relationship violated the
North Carolina cohabitation law. The tax
court ruled in favor of the commissioner.
.Ensminger then appealed the decision,
and this is where the case stands now.
Nakell said the tax deduction is a
convenient and unusual vehicle to get the
courts to hear the cohabitation case. A
person must be directly affected by a law
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This parking monitor looks cold as she enforces the University's parking regulations
across from Phillips Hall. The chilly days probably don't make her unpopular task
any easier, as shivering students try to make their walks in the cold a short as
possible by parking where they shouldn't. Staff photo by Billy Newman.
Jim Phillips took a plurality in the race for student body president Wednesday. He
faces Gordon Cureton in a runoff election Feb. 22. Cureton edged out Sonya Lewis
by just 39 votes for the second-place spot. Staff photo by Sam Fulwood III.
The total vote of 4,614 was relatively low,
according to Elections Board Chairperson
Bob Saunders, who predicted Tuesday that
the turnout would be about 4,600.
Phillips credited his campaign staff for his
"I think that the campaign staff did a super
job." Phillips said. "We stuck to the issues
and talked about issues concerning the
before the court will consider his case. The
chances of being prosecuted for cohabitation
are slim, so the courts probably would not
hear the case on these grounds alone.
Dorothy Bernholz, student legal-services
attorney, said the last cohabitation
prosecution in Chapel Hill was five years
The main issues presented in the
Ensminger case are:
Whether the commissioner of Internal
Revenue met his burden of proof that the
relationship between Ensminger and his
dependent was in violation of the North
Carolina cohabitation law.
Whether the constitutional right of
privacy protects Ensminger against
application of the cohabitation law.
Whether the law is unconstitutionally
The law does not prohibit an unrelated
couple from sharing the same home or bed
without engaging in sexual intercourse. The
statute does not forbid a single or occasional
act of sexual intercourse. It applies only to
future of this campus, and people responded
"I don't believe this reflects by any means
that the runoff election will be easy. Exactly
the opposite'. We're going to have to go out
and work hard and run the same type of
campaign we ran this time."
See SSP on page 5.
habitual sexual intercourse. Even if the
occasional intercourse results in the birth of
an illegitimate child, it is no crime.
The courts have upheld that engaging in
intercourse over two weeks is habitual.
Having intercourse six times in three months
also has been ruled habitual.
Nakell said persons engaging in habitual
sexual intercourse do not necessarily have to
be sharing the same house to be in violation
of present law.
Because the cohabitation law is basically
an ignored statute, Nakell said winning the
case will not produce immediate practical
"The importance of this case lies in
constituting doctrine," Nakell said. "The
decision could eventually affect the rights of
Nakell said that to obtain rights for gays, a
groundwork of similar cases needs to be
established. If the cohabitation law is
changed for heterosexual relationships,
there is a better chance that the tame rights
will be extended to homosexual!.
Spinks punches title
away from champ Ali
in split -decision win
LAS VEGAS (UPI) - Leon Spink
scored one of boxing's greatest upset;
Wednesday night when he captured tht
world heavyweight championship wit!
a 15-round split decision ove
Muhammed Ali and possibly ended th
fabled career of the ring's greates
Ali was bleeding from the moutl
most of the fight as he grew old in th
ring at the age of 36 and succumbed t
the relentless pursuit of the 24-year-oh
Olympic light heavyweight gol
Spinks pressed the attack from th
start and never let up. He bloodied Ali'
mouth in the second round and ignore
all Ali's attempts to rattle him. Ali had
chance to pull out the fight in the fins
round but was unable to keep Spinks o
him and blew a chance for aSI2-millio
rematch with Ken Norton in May.
Immediately after the fight, tr
exhausted Ali refused to confirm tl
bout w ould be his last.
"1 did my best," Ali said. "1 dor
know if I'll fight apin. I'd like to may!
have a rerr.atch."