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High 35. Low 28.
Copyright 1987 The Daily Tar Heel
Volume 95, Issue 3
By JEAN LUTES
and MARIA HAREN
In response to a suit brought by the
Sports Club Council, the Student
Supreme Court overturned an Elec
tions Board decision Tuesday night,
ruling that a referendum to increase
student fees $l passed in the general
election Feb. 3.
Elections Board Chairman Steve
Lisk conceded Tuesday that his deci
sion that the referendum did not pass
was based on wrong calculations of
how many students are eligible to vote.
The referendum proposed a $1
student fee hike to raise funds for
intramural recreation sports. It will
now go before Student Congress,
which must pass a resolution support-
From staff reports
Area travelers advisories have
warned motorists to stay off the icy
roads, but the Chapel Hill Police
Department reported six separate
accidents Monday and Tuesday.
Only one accident resulted in an
injury requiring hospital care. Mon
ica Lynn Gardner of 724 Pritchard
Extension was taken to North
Carolina Memorial Hospital after
she was injured in a one-car accident.
Gardner lost control of her car in
a left turn from Manning Drive to
South Columbia Street, where she
struck a utiltity pole. She could not
be reached for comment.
Another one-car accident involved
senior William Surhoff. He was
traveling N.C. 54 when his car hit
an icy spot and swerved down a 50
foot embankment off the right side
of the road. Surhoff could not be
reached for comment.
Crystal Credle, a junior from
Bayboro, said slippery pavement on
Roosevelt Drive caused her car to
run off the road and hit a tree. She
said she was not injured, and only
the fender of her car was damaged.
Credle said police filed no charges
in the accident.
Bill Darley, a graduate student
from Menlo Park, Calif., said his car
slid onto the lane of oncoming traffic
on Airport Road. Flossie Johnson
of 402 Shannon Drive could not stop
to avoid hitting the car, but damage
was minor, Darley said.
Darley said police filed no charges
in the accident.
Senior Scott Lynch collided with
another car sliding sideways toward
him on Estes Drive. Mary Lloyd of
102 Milton Drive lost control of her
car on the icy road, and Lynch said
he was unable to avoid hitting her
Lynch said the collision damaged
both automobiles, but nobody was
hurt. He said police did not charge
him in the accident, and Lloyd could
not be reached for comment.
Cynthia Tilley of 6 Vernon Drive
was involved in an accident with
Leslie Houston of 506-A Oak Ave.
Tilley said she was preparing to stop
on Merrit Mill Road when Houston
traveled over the top of a hill and
could not stop her car to avoid a
Tilley said Houston tried to avoid
hitting her car from behind by
swerving to the right, but sideswiped
Neither car was badly damaged
and police did not file charges, Tilley
Weather causes postponements
From staff reports
University administrators were
forced to adjust schedules Tuesday
because the snow and ice that led
students to wish for class cancela
tions also kept staff members from
getting to work.
The deadline to drop classes or
declare them pass fail, originally set
for Tuesday, was extended until at
least Friday, according to University
Provost Samuel Williamson.
"We've got to give people more
time," Williamson said Tuesday.
"The deadline for all those things will
be extended until at least Friday, and
maybe longer. Well have to make
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ing the fee increase before the refer
endum can be referred to UNCs Board
"The Board of Trustees has final
approval over any increase in student
fees." Student Supreme Court Justice
Maria Baxter said Tuesday night.
Scott Martin, Sports Club Council
president, brought the suit against the
student body, the congress, Lisk and
Student Congress Speaker Jaye Sitton,
to challenge Lisk's decision that the
referendum had failed.
Because of facts made available for
the first time during a pre-trial meeting
Tuesday, it became clear that Lisk had
erred in calculating the voter turnout.
After Lisk conceded that he had made
a mistake, the trial set for Friday was
no longer necessary.
Since no argument about the facts
of the case existed, the court could
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Nextto South Building, two UNC students challenge by climbing a small mound of snow that plows
the odds of having their feet slip out from under them pushed to the side of the road Tuesday morning.
a decision if the weather continues
The Department of University
Housing's second preliminary lottery
for students who want to change
residence halls did not occur
Tuesday as scheduled because of a
shortage of staff members. It was
postponed until later in the week.
"Due to the inclement weather,
we're understaffed, so we couldn't
have the lottery today," said Gloria
Thomas, a clerk-typist in Carr
Building. "We'll try to have it
tomorrow, but we really don't know
Thomas said she didn't know if
Serving the students and the University community since 1893
Wednesday, February 18, 1987
"make a summary judgment, deciding
the case without the scheduled trial.
In the summary judgment, court
members invalidated the Elections
Board certification of the referendum's
failure, and issued an order requiring
the board to certify that the referen
dum did pass.
Confusion about whether the refer
endum had passed resulted from a
clause in the congress's constitution
requiring 20 percent of student fee
paying students to vote on referendums
that propose fee increases.
A simple majority of student votes
usually passes a referendum, but if a
referendum calls for a hike in student
fees, according to a Student Congress
constitution clause. 20 percent of the
student body who pay student fees
must vote in the election.
According to figures Lisk used in
the Feb. 23 lottery for students
who want to remain in their resi
dence halls would be pushed back
because of the postponement.
Also, the Commons in Lenoir Hall
did not open because not enough
Marriott food service workers were
able to get to campus, Florence
James, food service secretary, said
When asked if the Commons
would open Wednesday, James said
no decision had been made yet. "It
depends on how many people can
get to work," she said.
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his original decision, the total number
of students who voted on the refer
endum 1 4,239 did not constitute
20 percent of fee-paying students.
Thus, Lisk decided that although the
majority of students had supported the
referendum with 2,543 votes to 1,696
votes, it had not passed.
But a mistake was made in counting
the total number of enrolled fee-paying
students, because not all students
enrolled pay fees, not all of them are
eligible to vote.
According to Student Attorney
General Walker Poole, who repres
ented Lisk, 447 students do not pay
student fees, and Lisk had not allowed
for that number in his calculations.
Lisk said that the figures he received
from the University were not the ones
he needed to calculate the 20 percent
figure because he had asked for the
WiMess tells off war crimes
From Associated Press reports
JERUSALEM A trial wit
ness recounted the horrors of
Treblinka Tuesday and the brutal
role played by "Ivan the Terrible,"
the death camp guard who Israel
says later became Ohio auto
worker John Demjanjuk.
Yithak Arad said Ivan and
another Ukrainian-born Nazi
guard named Nicolai "used to
stand near the entrance (of the
gas chambers), driving the Jews
to their deaths under a shower of
blows and beatings . . . using
number of enrolled students, not the
number who paid student fees.-'T didn't
know there was a difference," he said.
Law student Charles Madison, who
represented Martin, said he was
satisfied with the decision even though
the court would not rule on the other
arguments he had presented. ,
"(But) the new Student Congress
should probably look at things and try
to clear up the referendum clause," he
said. "Next time there's a referendum
in the elections, the issue could come
Baxter agreed. "The court just
examined an administrative decision,"
she said. "We can't just give an
advisory opinion about the constitu
tionality of the case, but this might
encourage Student Congress to look
at the law more carefully."
Although the court did not rule on
By TOM CAMP
When the alarm went off Tuesday
morning, it was cold outside. Cars
. were glaed over by sleet and hjail,
and the U-bus didn't show up on
South Campus. But the inclement
weather didn't freeze all classes at
Chancellor Christopher Fordham
said Tuesday that education must
continue despite the frozen blanket
across campus. "In general, school
is not canceled," he said. "The
primary purpose of this institution
is to provide an education,, and
usually classes are held."
The University has only canceled
classes once since the Civil War,
during a snowstorm in January 1982,
when Fordham decided coming to
class w as too dangerous for students.
Driving through the ice Tuesday
was not worth risking life and limb
for many students and faculty who
live off campus. Jim Sanford, an
associate professor in the depart
ment of religious studies, said the
University should have reconsidered
its decision to remain open Tuesday.
A resident of Hillsborough, San
ford was one of many teachers and
students who chose to stay home.
"It. might have been technically
possible," he said about driving to
work on the icy roads, "but it didn't
look safe. Ice storms and sleet are
generally harder to drive in than
Campus commuters were not the
only ones troubled by the snow and
ice. Handicapped students faced
unique weather-related problems.
Dan Andrews, a senior speech
communication major who uses a
wheelchair, said he wished the
University would use more effective
methods for clearing the snow from
"In the last snow," Andrews said,
"they (University workers) threw
sand down without trying to clear
away the snow. The sand got down
in the hubs of my wheels and really
tore up my chair."
This time Andrews said he's
staying at home. "A lot of people
can go to school tomorrow, but I
bayonets or metal bars of wha
tever was available."
Demjanjuk listened to Arad's
testimony without showing emo
tion. It was the second day of his
Demjanjuk, retired now and
stripped of his U.S. citizenship,
says he is not Ivan the Terrible
and was never at Treblinka.
Arad, whose entire family was
killed in the Holocaust, wrote a
book on Treblinka and is director
of the Yad Vashem Holocaust
museum in Jerusalem.
the constitutionality of the referendum
clause, Baxter said that when court
members write the opinion on the case,
they could suggest that congress take
action to clarify the clause.
Among the claims that will not be
decided is whether Lisk failed to notify
the Sports Club Council of the 20
percent requirement until seven days
before the election, damaging the
referendum's chances to pass.
Because of the discrepancy, Mad
ison said, the Sports Club Council did
not give consideration to getting 20
pereent to vote and probably would
have publicized the referendum more
Lisk said Martin and he did not
formally sit down and discuss what was
needed to win the election. "It was
See FEES page 2
But teachers are usually under
standing about missed work,
Andrews said. "So far, I havenX
come across a teacher who's told me,
'Everybody came to class. Why
didn't you?' They've been pretty
lenient in letting me make up missed
assignments," he said.
Fordham agreed that teachers
should be more lenient. "I expect the
faculty to be very understanding," he
said. "No one should be penalized
if they are not physically able to
attend class because of weather
beyond their control. We are adults
here, and students and faculty should
use their own judgments."
Some teachers were more lenient
than others, according to students.
"I went to my eight o'clock Stat 1 1-;
class," said freshman Lisa Royal,
"and five people showed up."
Some students were luckier, how
ever, like Karen Benfield, whose
eligion and geography tests were .
both postponed because of the icy
"I love the snow," Benfield said.
"It is my friend."
Postponed exams, snowball fights
and sled rides are fun, but snow and
ice can also cause slips which lead
to injuries. Sgt. Ned Comar of
University police said that no injuries
had been reported by 1 p.m. Tues
day, but there had been at least one
minor automobile accident because,
of the slick roads.
When asked it students could take,
the University to court if they were '
injured on their way to classes,
Comar said no case could be made
if the University could show that
reasonable precautions had been
taken to treat the snow.
The student in such a case would .
not have a good chance of winning
a suit against the University, said
Dorothy Bernholz, director of Stu
dent Legal Services.
The injured student would have '
to show that the University had a
legal duty to the student, and that
the duty had been neglected. Then"
the student would have to prove '
See ICE page 2
He said he came across Ivan
the Terrible's name in testimony
of Treblinka survivors and of
Nazi SS guards tried in Dussel
"We encountered the names of
two Ukrainians, Ivan, who was
nicknamed 'the Terrible,' and
Nicolai," Arad said.
In a 26-page indictment, Dem
janjuk is charged with "crimes
against the Jewish people, crimes
against humanity, war crimes and
crimes against persecuted