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Volume. 8 J, Issue a
Wednesday, November 41931
Chapel Hill, North Carolina
.Brake ffwd win
TUNC de am files
$3 million claim
Two companies charged
in separate counts of libel
and invasion of privacy
By BEVERLY SHEPARD
DTH Staff Writer
Hayden B. Renwick,. associate dean of the College of Arts
and Sciences, has filed a $3 million libel and invasion of privacy
complaint in two separate counts against the News and Observer
Publishing Co. in Raleigh and the Greensboro News Co.
The complaint, filed Oct. 26 in the Orange County Superior
Court, stems from an editorial titled, "And he calls it bias,"
printed by The Raleigh Times on April 22. The Times editorial
later was reprinted by the Greensboro Daily News, which is
owned by the Greensboro News Co. In a separate complaint,
the Vreensboro Daily News is being charged with negligence for
reprinting the alleged libel.
Renwick and his attorneys, Harold and Harvey Kennedy of
Greensboro, contend that the Times editorial contained false
and libelous statements in which Renwick was "injured in his
good name, and in his profession and brought into public dis
grace, contempt and infamy...."
Renwick is seeking $500,000 in actual damages and $1 million
in punitive damages for each complaint and from each newspa
per. Although the court is capable of upholding both libel and .
invasion of privacy charges, Renwick may only receive mone
tary compensation for one of them, Harvey Kennedy said.
The Times editorial printed that "Some of the continuing
deluge of charges from Washington against The University of
North Carolina at Chapel Hill many obviously unfounded
are so ridiculous they only widen the gulf between reason and
resentment as the state seeks to create better racial relations.
"The latest barage is based on allegations by Hayden Ren
wick ... in a 1978 newspaper article."
The Times editorial referred to a column written by Renwick
three years earlier on Sept. 17, 1978. Renwick was then UNC
assistant director of minority admissions and the chancellor's
special assistant on minority affairs. The Times editorial attri
buted Renwick with saying that between 1975 and 1978, 800
black students had been denied admission to UNC-Chapel Hill.
Renwick's column stated, MOver the past three years, I esti
mate that approximately 300 black students have been denied
admission td The University of North Carolina at Chapel Hill."
In a June 3 letter to the Times, Renwick refuted the editorial's
allegations. The. Times printed the letter in July and added a
footnote that acknowledged the correction from 800 to 300
black students but, Renwick's attorneys said, the paper did not
satisfy Renwick by its failure to print a retraction of the other
allegations as well..., . ,.-w.4 r -:0.:'iJ
Renwick declined" comment. A.C. Snow, RaleffiTTmes edi
tor, also declined comment but added that the matter had been
turned over to Hugh Stevens Jr., a Raleigh attorney.
Stevens said Monday that the paper had received the com
plaint on Thursday but that he had not had sufficient time to
W.D. Snider, editor of the Greensboro Daily NewsRecord,
said Monday that the company had not received the complaint.
The court will decide whether Renwick is a public or private
figure, said William Chamberlin, a UNC assistant journalism
professor who teaches mass media law. A public figure would
have to prove the papers printed the allegations with knowledge
of falsehood and reckless disregard for the truth. Renwick's law
yers would have to prove negligence on the newspapers' parts if
he is classified as a private figure. Both papers will have until
Nov. 30 to respond to the complaints, Harold Kennedy III said.
MD MDF mrilffll
. . : :: ..v.. . '.'.v:t'3
Robert Drakeford, after victory In Carrboro mayoral race
... discouraged that fellow coalition members were defeated
Boulton, Kawalec return to seats
From staff reports
Robert Drakeford was a somber man last night
despite his re-election to a third term as mayor of
The reason for the incumbent's uncharacteristic
mood was the fact that three other members of the
Carrboro Community Coalition Doug Sharer,
Braxton Foushee and Nancy White all lost in their
bids to retain town Board of Aldermen seats.
"I'm very sad because the people I ran with didn't
get elected," Drakeford said.
He took 912 votes to 667 for opponent Roger
Messer and 296 for William Pressley. A total of 37
percent of Carrboro's registered voters participated
in Tuesday's election according to the.Orange County
Board of Elections.
It was Messer, a member of the rival Association
for a Better Carrboro, who- was happy.
"My reaction is one of jubilation," he said, re
ferring to the Board of Aldermen victories of ABC
members Hilliard Caldwell and Joyce Garrett, and
ABC-supported candidate Jim White.
"Carrboro has won," Messer said from the small
office on West Main Street that severed as ABC
headquarter. It was crowded with about 50 cele
brating ABC members and supporters.
'The ABC ticket has won," Messer said. "Carr
boro can now begin to plot a course which the people
can have input into."
Drakeford and other coalition members were
gathered at Nancy White's house, which grew quiet
Story by John Royster with reports from Greg Bat
ten, John Conway, Richard Flynn, Dean Foust,
Karen Haywood, Laura Seifert, andSonya Weakley.
as the results came in quickly from the town's, five
The polls closed at 7:30 p.m. and Drakeford held a
commanding lead by 9 p.m.
"I would hope that anybody who got elected to
night will work for a better Carrboro in the future,"
Messer said he would have made a better showing
in the race if not for the presence of independent can
"I feel that I am the mayor of Carrboro," Messer
said. "If ybu will add Mr. Pressley's votes with my
votes, you, will see that I indeed won."
Messer elaborated on the election.
"I feel that the election results are a mandate from
the people, and I will defend to my death Mr. Pres
sley's right to have run in the race," he said. "I feel
that it was a mistake on his part. However, once
again, it was his right."
Pressley said he remained committed to Carrboro
despite his loss.
"I'll be back," he said, but ruled out a second run
for mayor if it would mean running against friends.
Pressley called Drakeford "a very good opponent.
He didn't throw any mud.' He was a very gracious
Pressley spent the evening at his Old Leander
Road home surrounded by family and friends.
"I "came in (filed) a little late," he said in ex
plaining his loss. He called the election a good educa
tional experience and said he would attend meetings
in Town Hall in the coming months.
. The candidates held varying opinions on what the
election would mean for the future of the town. '
See MAYOR on page 2
Two Council incumbents defeated
., From staff, reports ..-... -.
Chapel Hill voters Tuesday ousted two in
cumbents from the Town Council, while re
turning two others, Marilyn Boulton and Bev
Kawalec, to their seats.
Boulton led the 10-candidate field with 2,602
votes; Kawalec came second with 2,327 votes.
David Pasquini and Winston Broadfoot were
elected to the council by defeating incumbents
Bill Thorpe and Joe Herzenberg and four
other candidates. Pasquini polled 2,213 votes
and Boardfoot 2,180 votes. Thorpe was fifth
with 2,012 votes and Herzenberg was sixth
Boulton, Kawalec and Pasquini had clinched
their seats early in the night, but the fourth
spot came down to the Carol Woods precinct
p- the final one to turn in results.Thorpe had
a 68 vote lead going into that precinct, but
Broadfoot outpolled Thorpe 222-86 to defeat
"When I saw that Carol Woods was the last
precinct out, I knew I had the election,'
Broadfoot said. "We will have a new coalition
the Over-the-Hill-Gang. I have more
friends and contacts there. The retirement
community out there made the difference in
Story by Geoff ery Mock with reports from
Michelle Christenbury, Frank Kennedy, Dean
Foust, Alexandra McMillian, Jeannie Rey
nolds, Anna Tate, and Sonya Weakley.
-The election was marked by a light turnout.
Only 31.6 percent of the registered voters in
Chapel Hill cast a ballot. "It's embarrassing to
me as a citizen that there was such a low turn
out," Herzenberg said. "Nobody could not
say that there wasn't a choice in this election."
Both Boulton and Kawalec said their re
election indicated popular support for tighter
fiscal policies. "The budget played a big part
in the election," Boulton said. "The other two
incumbents thought that future service levels
should be kept at the level we have now. Bev
and I thought the people wanted tighter scru
tiny of the budget."
Kawalec said she thought the new council
would make some budget cuts. "The voters
See COUNCIL on page 2
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Hilliard Caldwell (left), Jim White and Joyce Garrett
... celebrating victory after winning Board of Aldermen race
From staff reports
Candidates representing the Association for a Better
Carrboro scored upsets in Tuesday's Board of Aldermen
election as Hilliard Caldwell, Joyce Garrett arid Jim
White each unseated incumbent candidates.
Three incumbents . and members of the Carrboro
Community Coalition, Doug Sharer, Braxton Foushee
and Nancy White, opposed the ABC.
"Nobody expected to lose this bad," said Tom Curtis,
23, a campaign worker for the CCC. "It's just a shock is
what it is. Everyone is torn between being real sad and
being real angry, but by God, it's not going to happen
again," he said.
Story by Charles Herndon, with reports from Greg Bat
ten, John Conway, Richard flynn, Dean Foust, Karen
Haywood and Sonya Weakley .
With all five precincts reported, Caldwell led the ballot
with 1,090 votes, followed by Garrett, who earned 1,007
votes. Jim White gained 879 votes' to fill the last of the
Of the losers, Doug Sharer received 854 votes, followed
by Braxton Foushee with 841 votes and Nancy White
with 782 votes.
Supporters of the CCC were disappointed with the
town's voter turnout, which totaled only 37 percent of
the registered voters, according to figures provided by
the Orange County Board of Elections.
The mood was ecstatic at ABC headquarters, how
ever, and as champagne broke out around 9:30 p.m.,
several of the winning candidates and about 50 sup
porters began to assess the situation.
"A mandate has been given by the people. It's time
for a change in Carrboro as indicated by the vote," said
aldermen-elect Caldwell. He said the ABC would break
up now that the election was over, and that he would
represent not ABC but the people who elected him.
"Each of us will leave here tonight as individual
members of the board, not as ABC members," Caldwell
said. "It is important that the people realize, as I think
they did, as indicated by the vote, that the ABC was
organized for the sole purpose of promoting our cam
paign and will not exist during our term in office."
Several of the winning candidates cited student support
as a major element in the election, and Jim White said he
was impressed with the student influence on the race.
"I am particularly satisfied at the involvement of the
student body in the effort," White said. "I tl ink it
demonstrates that the students know the issues and can
make a reasonable judgment and evaluation in such a
See BOARD on page 2
Senate siibcoiiiiiiittee votes to stop
use of busin
g a d
The Associated Press
WASHINGTON A Senate Judiciary sub
committee voted 4-1 Tuesday to prohibit federal
judges from using busing as a tool for desegre
gating public schools.
Although the proposal is far from winning
final congressional approval, the subcommittee
vote gives momentum to a broader effort by
conservatives to limit sharply the authority of
lower federal courts over various issues in
cluding busing, abortion and school prayer.
Sen. On in Hatch, R-Utah, chairman of a Ju
diciary subcommittee on the Constitution, said
he hoped the. measure approved by the panel
would become the main focus for busing oppo
nents in the Senate.
Among those voting for the Hatch proposal
was Sen. Strom Thurmond, R-S.C, chairman
of the full Senate Judiciary Committee, where a
vote is likely within two weeks.
Under the legislation, entitled the Public
School Civil Rights Act of 1981, busing orders
previously issued by federal courts could be re
challenged. Judges would be required to examine
whether some other method of desegregating
schools could be used. ,
In any present or future school desegregation
cases, judges would be barred from using busing
to achieve racial balance. ; '
Sen. Dennis DeConcini, D-Ariz., said he sup
ported the Hatch proposal as "a moderate but
Joining Hatch, Thurmond and DeConcini in
voting for the measure was Sen. Charles E.
Grassley, R-Iowa. The only vote against it was
cast by Sen. Patrick Leahy, D-Vt.
There was little debate prior to the
Earlier this fall, the Senate approved an
amendment to a Justice Department authoriza
tion bill which would prohibit federal judges
from ordering students to be sent to schools
more than five miles or 15 minutes from their
homes to improve racial balance.
The House has approved similar amendments.
sored by Sens.
R-N.C, and Ben
D-La., also would
bar the Justice De
Cras h $ to ry purs reaction
asking federal courts to use busing to increase
the ratio ot minoroties to whites in public
The overall authorization bill still is pending
in the Senate because the Helms-Johnston
amendments are tangled in the threat of a re
newed filibuster led by Sen. Lowell Weicker,
R-Conn. No final action is likely in the next few
Hatch said he hoped the anti-busing bill ap
proved by the subcommittee would replace the
version urged by Johnston and Helms before
the end of the year.
By JEANNIE REYNOLDS
DTH Staff Writer .
A story in Monday's Daily Tar Heel dealing with a
recent plane crash at Horace Williams Airport has
brought reaction from the Orange County Planning
Department concerning a special meeting with vari
ous town officials and the Citizens for Airport Plan
ning. . Julianne Andresen, a spokesman for the Citizens
for Airport Planning, was quoted in the story as say
ing the group, which is concerned with the safety of
the airport and its nearness to schools, had arranged .
a special meeting Thursday with the Chapel Hill
Carrboro school board, the University, the Greater
Chapel Hill-Carrboro Chamber of Commerce and
the Town of Chapel Hill.
Susan Smith of the Orange County Planning
Department staff said that she and another member
of the staff were the only people scheduled to be at
the meeting with Citizens for Airport Planning.
The meeting is to discuss the airport's safety and
possible alternatives to its use, Smith said.
"The meeting will be at 8:30 Thursday morning
and the only county representatives that will be there
are Fred Luce and myself, who are staff members of
the planning' department," she said. "Technically, it,
is not a public meeting."
The airport, built prior to World War II and used
during the war as a pre-flight training school for the
Navy, has been the subject of controversy because of
its nearness to Estes Hill Elementary School and Guy
B. Phillips Junior High School.
Smith said that last week, prior to the Friday night
crash which seriously injured one man, she and Luce
finished going through documents concerning the
airport issue and decided to turn to individuals and
groups in the community for ideas.
"It was originally planned as an informal meeting
between myself, Luce and Andresen," she said.
Andresen called back, Smith said, and asked if she .
could bring other members of her group to the meet
ing. "Wo initiated it (the meeting) as an informal fact
gathering meeting to be part of an in-house work ob
jective concerning the possible need for a general
aviation airport in Orange County," Smith said.
"We certainly did not take it as far as it has gone."
She said that Andresen's group was one of several
sources they would talk to for the purposes of gather
ing ideas and information.
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