Newspapers / Daily Tar Heel (Chapel … / June 21, 1974, edition 1 / Page 1
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7r7 f 1 4 C!csslfl3ds........3 EH w rit I3 Features 5,6 f 2WS 3 0port3 793 Wire 2 Vol. G1, NO. 10 T! O J V 1 I'ri j Mi - 1 James D. Condie ew o n (P YTi 11 II law Drinking beer in front of Town Hall nn by Sandra Millers Staff Writer University administrators and student officials have responded to a lawsuit filed in Greensboro last week which seeks a court order to end student fee subsidization of the Black Student Movement (BSM). Consolidated University President William Friday confirmed Wednesday that he has been served with a copy of the ccmplaint and said the matter has been referred to the state Attorney General's office. "The Attorney General serves as legal consultant to the University," Friday said, "and we will be conferring with him about this relatively soon." Vice-Chancellor Claiborne Jones, also named a defendant in the suit, responded similarly to the legal action. "The Attorney General will handle it " he said, "but I have not yet talked with him, and I don't know his strategy." Student officials named in the suit included Student Body President Marcus Williams and Treasurer Timothy Dugan. When contacted earlier this week, Williams expressed reluctance to give his response to the legal action. I n a memorandum released to The Tar Heel Thursday he said, "The Yeather Partly cloudy today gnd tomorrow r.llli a chsnce of thundsrshowers ell v::;:::r.d. Ths trrr.psrsiurss will bs In t.a low COs today end tomorrow end C 2 chance of rain Is 30 per cent through tonight. The humidity la 74 par cent. K AT W 7 r TD mm by Jean Swallow Associate Editor A room-by-room search of Mclver dorm was made Sunday morning at 3r30. The occupants of the rooms were never told what the search was for. But the Resident Director, the Assistant Resident Director in charge of Mclver dorm and two campus policemen were looking for men in the all women dorm. The search was successful in that five couples were caught and subsequently charged with violations of University housing visitation policy. But the department of Housing and those involved in the search are now under fire for the manner in which the search was conducted. Director of University Housing, James D. Condie, stated in an interview Thursday morning that he was pleased with the results of the search and that other searches would be conducted "again and again and again until visitations violations stop." According to a campus police report. Officer Walter Dunn was making a routine check of Mclver Dorm security. When he found that the left front door adjacent to the . O Tl O 7? Turn MJimau Stan photo by E3I Wrm it slants matter is being put under extensive legal research. This office prefers to reserve comment until further notice." UNC law student Robert L. Arrington and UNC graduate student Lawrence Uzzell filed the suit in Greensboro's U.S. Middle District Court last week, asking that it be declared a class action suit, representing all UNC students. They described the Black Student Movement as an organization composed exclusively of blacks and alleged that subsidization of the BSM through mandatory student fees deprives non-blacks of equal protection under the law as guaranteed by the Fourteenth Amendment. . Arrington and Uzzell also challenged parts of the student body constitution which allow appointment of Campus Governing Council and Honor Court members on the basis of race. The suit is similar to one filed last year against the Neo-Black Society at UNC-G. Greensboro attorney Michael Curtis, who represented the plaintiffs in that case, said Thursday, "We took the position that there was nothing wrong with having a Neo-Black Society; the problem was their statement of purpose. They vigorously discouraged white people from joining. Their aims were just too exclusive." "There was no attempt or desire on the part of my plaintiffs to destroy the Neo Black Society," Curtis continued. "They just wanted them to stop discriminating." Algernon Marbley, president of the UNC Black Student Movement, said he doesn't think the BSM is discriminatory or exclusive. "To my knowledge, we've never discouraged anyone from being part of BSM functions," he said. oim Ml v 82nd Year Of Editorial Freedom Chapel Hill, North Carolina, Friday, June 21, 1974 iMeim nc eimu somite late entrance had been propped open, he woke the Assistant Resident Director, Jo Ann Travis!, Then, with the help of the Resident Director, Debbi Gaskins, and another police officer, the search was conducted. Knocking on doors and then entering, either with or without permission, the four checked the rooms for possible men, searching under beds and in closets. One sleepy girl reported today she thought the whole thing was rather funny, as it was obvious there wasn't a man in her room. Another reported waking up to find strange people in her room, who never said why they were there. There had been two previous complaints of men staying overnight in Mclver. Sunday, when the five men were found, they were asked to leave immediately. Four of the five men were not students. They were later asked by acting police chief Arthur Beaumont not to come back. Beaumont said that as soon as his men realized there was not a criminal case involved, his men withdrew, making no arrests for illegal entry, and turned the case over to the office of University Housing. A Jl F mm WHIHKSo" 71 0 1 liOIf by Joel Orlnkloy News Editor The Chapel Hill Board of Aldermen repealed the town ordinance Monday banning the consumption of beer and wine on public streets and parking lots. Alderman Gerry Cohen, who introduced the repeal resolution, termed the ordinance "totally ridiculous." For the moment, at least, drinking on the town's streets is legal. How long this will last is unclear, because Alderman Alice Welsh intends to reintroduce the public drinking ordinance at the next Alderman meeting June 24. " 1 think we became too bogged down with the enforcement end of the law when we repealed it," she said. U nder the law, a person seen drink ing beer or wine containing less than 13 per cent alcohol could be jailed for 30 days or fined $50. Persons drinking stronger beverages were, and still are, subject to harsher sentences. Public consumption of liquor is regulated by state laws unaffected by the repealed town ordinance. As written, the town ordinance was unclear. Laws of this type were, in fact, declared unconstitutionally vague by the, state attorney general's office last year. For this reason, Chapel Hill's law has not been enforced during the last 10 months. Persons holding beer cans or wine bottles, but not actually drinking from them, were not subject to prosecution. Anyone drinking while sitting on a wall next to a public street such as the rock wall on Franklin St but not actually touching the street, also was not breaking the law. Further, police had to prove a defendant actually drank the beer or wine and analyze Right turn on red New oMIeaifiiGe set by Frank Griffin Staff Wrltar The Chapel Hill Board of Aldermen approved a new town ordinance Monday night that will allow drivers to turn right after stopping at red lights at all but 16 intersections in town. The ordinance becomes law July 1 pending concurrence from the N.C. Deptartment of Transportation and arrival of street signs for those intersections designated "no turn on red," according to Town Manager Chet Kendzior. Attorney Dave Drake, who drew up the ordinance, said state concurrence would come before July . 1, the date a statewide law becomes effective allowing right turns on red lights oh all state roads. , "Concurrence is just a matter of paper work," Drake said. Drake said there was no conflict between the town ordinance and the state law because the state law allows municipalities to decide if intersections within their boundaries are too congested for implementation of a right turn on red. The state law says the driver must come to a complete stop at the red light and must yield to pedestrians and all vehicles before turning right Alderman Alice Welsh, who voted against I M(li V report of the student offenders was sent to Assistant Dean Peter W. Hall, who then sent the matter to Attorney General Nita Mitchell. Mitchell said in an interview Thursday that the evidence was clear and the offenders would have to face the honor court with possible punishments of suspension or expulsion. The case, however, may have civil repercussions in that the search party violated a federal court order. In 1971, the Fifth Court of Circuit Appeals ruled in the case of Piazzola vs. Watkins that before a state law enforcement officer (including a resident advisor in a dormitory of a state university) may search a room in a dormitory rented by a student, the officer must first obtain a search warrant. A search warrant was never issued for the searching of any room in Mclver dorm. According to law professor Barry Nakell: "The federal Court of Appeals said in Piazzola v. Watkins, 442 f.2d 284, 289 (5th cir. 1971),"A student who occupies a college dormitory room enjoys the protection of the Fourth Amendment." MW the beverage to assure it actually contained alcohol before they could prosecute. Welsh's new ordinance will not answer these problems. Her ordinance will simply again declare it illegal to consumer beer and wine on public property. The penalty she proposes is a $10 fine. "1 think it's inappropriate for the board to discuss the enforcement side of it," she said. "That's the police's job, after all." According to Alderman Cohen, the purpose of the ordinance was not to prevent public consumption of alcohoLbut to stop the littering, public profanity and disorderly conduct that supposedly results from drinking. The drinking ordinance was repealed because separate ordinances exist for each of the other violations. They are misdemeanors, punishable by a maximum fine of $50 or 30 days in jail. According to Chapel Hill Police Chief William Blake, anyone charged with disorderly conduct, littering, public profanity or public consumption of liquor is usually fined court costs, about $16. The Aldermen were originally scheduled to. .simply reword the ordinance last Monday, making it less vague. "But, for some reason," Blake said, "they saw fit to repeal it instead." Chief Blake thinks public drinking should be a violation for its own sake. "When you have a group of people drinking on the street, such as in front of Town Hall," he said, "people don't want to walk near them. "When people come out of the Carolina Theatre, for instance, they will walk way down the street before crossing over, just so they won't have to walk by Town Hall. I think people should have the right to walk the sidewalks without being harrassed." the ordinance, said, "It's not beneficial to anyone but the motorist." She said she was trying to protect pedestrians and bike riders. Welsh, said the other aldermen were satisfied that the complete stop designated in the law would be sufficient protection for pedestrians and cyclists. Welsh said she thought the new law would only intensify the antagonism already present between drivers and pedestrians in Chapel Hill. Police Chief W.D. Blake said he hoped the new ordinance would improve Chapel Hill's traffic problem. "It may speed up traffic, and we need it to move, but if people den't comply w ith it like a stop sign, we're going to have some trouble," he said. Those intersections designated as too congested for a right turn on red are: Bypass at Estes Dr., Cameron Ave. and Raleigh St., Cameron Ave. and Ransom St, Columbia St and Manning Dr., West Franklin and Graham St, West Franklin and Mallette St., Franklin St. and Columbia St, East Franklin and Henderson St., East Franklin and Hillsborough St., Highway 54 and Hamilton Rd., Rosemary St. and Henderson St, Rosemary St and North Columbia St., Rosemary St. and Church St., South Road and South ColumbiaSt, South Road and Raleigh St. and Manning Drive and Driveway to N.C. Memorial Hospital. 3 "N. IF o In the room contracts for University Housing, there is a clause that says University staff can make spot checks whenever they wish, but they may not look at anything unless it is in open view: in other words, they can't look under beds or check in closets. Another lawyer, who wished not to be identified but who also works with the University on questions of policy, said in an interview Thursday that "with the door found open, there might have been probable cause to check the premises for criminal acts without a waxrant. But it seems clear to me that it was an invasion of privacy." "Under normal criminal laws, you don't need a warrant if there is probable cause that a criminal event has taken place," the source said. "But if the real purpose was just to check the dorm for men, then it's another story. Then it's an invasion of privacy." It was unclear at press time what the real reason for the search was. Officer Dunn did not come on to campus until the midnight shift and does not have, a home phone. Jo Ann Travis was "too busy studying" to talk to The Tar Heel, although repeated attempts to contact Travis had been made. Debbie Gaskins was out of town. Assistant Director of Housing Sandy Ward was out of town. Director of University Housing James D. Condie said he had been on vacation when the incident occured and that he only had second-hand knowledge of the event. Acting police chief Arthur Beaumont said his office had closed the case and sent the matter to Housing. Condie said the campus police were in charge of the off-campus violators. In general, the people involved were either unavailable for comment or unfamiliar with the case. There was another violation of University Housing, but this time it was a house violation. The ARD, Jo Ann Travis, failed to post the policy and rules adopted by the ; dorm. Letters will be mailed to parents of the students who were caught with men in their rooms. Mp Mnr ' from th TTy T mm Committee divided on question of fraud WASHINGTON Democrats End republicans on the House Judiciary Committee divided Thursday on whether it was necessary to prove fraud against President Nixon before recommending impeachment for underpayment of income taxes. Following closed hearings on the President's personal finances, Democrats who would comment said they learned nothing to justify an Impeachment vote, but they tended to agree this would require far less than proof of fraud. Many Republicans indicated agreement with the assessment by Rep. Charles A. Wiggins, R-Caiif., that Nixon was "like the driven snow" on the income tax matter. Central to the Investigation is the question of whether Nixon wilfully underpaid his federal Income taxes by $432,787 from 1970 through 1973. Rep. Jack Brooks, D-Tex., expressed the view that gross negligence by the President in filing the returns would be sufficient for Impeachment saying: "Ha signed it and let it go on." "I rather question whether it's necessary to prove fraud," he said. Butz seeks curb on meat imports YASH IN GTON Agriculture Secretary Earl L. Butz announced Thursday he is trying to help the nation's livestock and hog producers out of their price crisis by seeking voluntary curbs on meat Imports. The Senata, meanwhiia, was reported ready to pass a $3 billion emergency loan pre gram for meat-animal feeders approved Wednesday , by the Agriculture Committee. Cutz, appearing before the House Anrlculture Committee, said he Is sending a personal representative to Japan, Australia and New Zealand to request voluntary cuts in meat shipments to the United States. He also threatened "drastic" retaliatory collon unless Canada drops Its current ban on U.S. beef imports. Controversy blocks search for IVllAs SAIGON North Vietnam accused American pilots Thursday of flying combat missions over South Vietnam and the Unitsd States charged the Communists were continuing to block the search for the 1 ,1 CO Americans missing in the Indochina Var. The North Vietnamese newspaper People's Army said in a commentary broadcast by Radio Hanoi that the President Nguyen Van "Th leu administration sent many fighter-bombers including FSAs manne i by U.S. pilots to bomb and strafe populous areas" around the Ben Cat battlefield, 25 miles north of Saigon. East, West Germany exchange envoys BOr.N East End West Germany forma ily exchanged special envoys Thursday as a token of their proclaimed intention to normalize relations despite the Communist walls separating them. At the same time, the West German Parliament approved a nonaggression pact with Czechoslovakia. Bratdt sat silently at this dsputy's dask while opposition Christian Democrats accused him of making unnecessary and possibly dangerous concessions to Prague. He left his place only to cast his ballot during the roll call vote in which parliament ratified the treaty by a count of 232 to 190. The Tar Heel is published semi-weekly on Tuesday and Friday v Founded February 23, 1893 M II Li 9 The students who lived in the dorm were generally outraged. As one coed put it: "They made it look like a protective measure checking for our benefit rather than snoopingon their part." Most of the students felt the search was premeditated. There were also reports that the police and the ARD and RD did not even check the bathrooms. The residents also said the searchers used pass keys to force entry. M: Staff photo by Gary Lobraico Mclver open door DDQSDQC wires of United Press International 0
Daily Tar Heel (Chapel Hill, N.C.)
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June 21, 1974, edition 1
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