TJ.M.C. Ubrary
Serials Dept.
Chapa Il'is.a Edition
ir -rfr
Star
The Weather
Increasing cloudiaess and mild.
Offices in Graham Memorial
CHAPEL HILL, NORTH CAROLINA, WEDNESDAY. JANUARY 8, 1964
United Press International Servica
WWM
mm
.Must Explore
Areas Of Le&rain
At UNC - Friday
CVNC President
Blasts Gag Law
By EVE HIGGINS
President William C. Friday slammed factors opposing
freedom of a University to explore all areas of learn
ing Monday night on WUNC-TV's "Encounter."
. . -. . -i . . 1 i i 1 nC
".fcreeaom ot discussion is essential to. me prugxess uj.
the state, as is free and open debate on both sides of a
question
Friday said.
"In order to develop the kind
of leadership our state must
have, the University must deve-
lop and train useful, responsible
members of our society and our
i democracy."
A - J 1
Answering questions posea Dy
' WUNC-TV's Dr. John Clayton,
'. Friday discussed the purposes,
projects and problems of the
University.
Ici discussing the value of a
, University, Friday pointed out
that only one of the functions
' of a university is to teach stu-
dents. It is concerned also with
the growth and development of
the community and the well-be-ins
of the state.
Long known for its traditions
of liberalism, the University's
policy has been challenged many
times, especially in recent
months. Friday brought out
four points which he made in
the October meeting of Univer
sity trustees.
First, the University does not
flesire to have people speak who
use its platforms to advocate the
overthrow of the government by
use of violence or force cr both.
Secondly, no -member of the
Communist Party would be know
ingly employed as a member of
the teaching faculty or staff of
the University. A man with such
(Continued on Page Three)
State Officials
To Attend SP
Anniversary
Fleishman Heads
List Of Guests
Several of the state's top offi
cials are expected to attend the
25th Anniversary banquet of the
Student Party Saturday night.
Joel Fleishman, Legal Advisor
to Governor Sanford; Tom Lam
beth, Sanford's Administrative As
sistant; and John Sanders, direc
tor of the Institute of Government
have indicated that they will at
tend. Dean C. L. Cathey of UNC
also will attend.
All were active in the SP while
students.
The banquet will be held in the
Pine Room of the Carolina Inn
starting at 6 p.m. Paul Dickson,
Student Party chairman, said yes
terday that tickets are still avail
able for the banquet at $2.25 per
plate.
Anyone desiring reservations
can call Dickson at 968-9170 or
Martin Lancaster at 968-9140.
O ft ft T
By FRED SEELY
The final stage of the North
Carolina rcdistricting controver
sy goes to the voters next Tues
day, climaxing some seven
months of feudin', fussin' and
fightin'.
Maybe.
For if the proposed "little fed
eral" plan should pass, our Gen
eral Assembly would be back
where it started and under man
date from the voters to find an
other way to redistrict the State
Senate. If it fails, everything
stays as is.
1 The battle started in the Gen
eral Assembly at the first of the
summer, was pushed aside for
most of the session and finally
was acted upon in a special ses
sion in October. But the battle
didn't end there, and next Tues
day the voters will go to the
polls to weigh the merits of the
"little federal" plan.
So what's it all about? How
will everything be changed?
JL
Negro To Join
Fowler's Staff
An apparent lull in anti-segregation
protests followed Monday's
announcement that a local food
store planned to hire a Negro
as a part-time emplyee.
Some 239 arrests have been
made since demonstrations re
sumed Dec. 13. There were no
arrests Monday or Tuesday.
An announcement by officials
of Fowler's Food Store on West
Franklin St. indicated the store
would hire a Negro high school
student to fill its next opening.
The store had been the scene
of four days of picketing last
week by the local chapter of
CORE who charged the store
had a discriminatory hiring
policy. CORE officials said the
store refused to hire the Negro
employees on the basis of color.
Manager Vance Hogan said,
-yesterday Fowler's already had'
three Negroes on the payroll in
: part-time jobs and had no speci-1
f ic hiring policy. He noted that
applicants for spare time jobs
were usually University stu
dents who needed extra money.
A list of five Negro candidates
is expected to be given to Hogan
next week by H. D. Smith of
Lincoln High.
Trial of 36 persons involved in
56 cases stemming from racial
demonstrations were transferred
Tuesday to Orange County Sup
erior Court. A motion for jury
trial was granted by Recorder's
Court Judge William S. Stewart.
Trial is expected during the
Hillsboro Court's February
term.
The 36 were charged with
; trespassing and resisting arrest
during the wave of sit-in dem
onstrations since early Dec
ember. Many of those arrested
have been jailed several tunes
Sit-in demonstrations have
been held at Watt's Restaurant,
The Pines, The Rock Pile and
i Brady's in the last few days,
and recent demonstrations have
been marked with violence.
Last week several demonstra
tors were sent to Memorial Hos
pital with burns from being
. sprayed with ammonia, and sev
eral were treated for cuts and
bruises. -
In another incident, a waitress
at Watt's urinated on a dem
onstrator.
HOUSE . . . The house was re
apportioned in 1961, and now has
120 members. Of these, each of
the 100 counties has one, with the
remainder apportioned on a popu
lation basis to 12 counties Ala
mance, Buncombe, Cumberland,
Durham, Forsyth, Gaston, Guil
ford, Mecklenburg, Onslow,
Robeson, Rowan and Wake.
If the amendment passes, the
House will be reduced to 100
members, one per county. It is
conceivable that the House could
be placed in the control of 19 per
cent of the population of the
state. The reorganization would
apply to the 1967 House.
SENATE . . . The Senate was
redistricted by the Special Ses
sion this fall with no change in
size. That body now has 50
members, and would be increas
ed by 20 if the amendment pass
es. The amendment also states
that the number of inhabitants for
each Senator's district would not
vary more than 25 per cent from
All
Need A Job?
Try County
Commission!
Can't Find Man For
Medical Examiner
Having waged a 15-year battle
for , a county medical examiner,
the Orange-Durham County Medi
cal Association is having trouble
finding a man to take the pob.
The County Board of Commis
sioners finally approved the plan
to replace the coroner with a
medical examiner last July.
Money for the plan was written
into the budget.
A committee to appoint a medi
cal examiner and his deputies was
set up by the Medical Associa
tion in October. It has met every
week since then, according to
Dr. Erie E. Peacock, a commit
tee member, but has not found a
man.
Now the. commissioners are up
set that the doctors have not
done the job.
Controversy has arisen over
the coroner system in the recent
autopsy. done in the Rinaldi mur
der case.
Board Chairman Donald Stan
ford talked to several doctors to
try to get them to take the job
earlier ,this fall. But members
of the Medical ' Association, felt
the commissioners, should have
nothing to do with the selection
of the examiner and asked them
to keep out of it.
"It's not their job," Dr. Pea
cock said. "It's up to the doctors
now."
The Medical Association is sup
posed to select the new examin
er who must then be approved by
the State Health Department.
A medical examiner has legal
immunity while a coroner does
not. This means that he may
order an autopsy without the fear
of being sued, as in cases where
murder is suspected.
In the Rinaldi case, a private
autopsy was performed.
"We have a number of people
who have agreed to be deputies,"
Dr. Peacock said. "And we think
we finally have someone who will
take the job of medical examin
er." The fee paid to the medical ex
aminer will be a nominal one.
The job is considered primarily
as a public service, Dr. Peacock
said.
HAVE A DRINK?
The National Institute of Men
tal Health has approved a new
two-year grant of $34,000 to the
University to continue a study
of experimental alcoholism.
Dr. Fred W. Ellis, associate pro
fessor of pharmacology at the
UNC School of Medicine, is in
charge of the research project.
edleraF Plan
the state average per Senator.
At the present time, the aver
age variation from the state
average per Senator is not more
than 10 per cent. Ideally, each
Senator should represent 91,123
people. Here, 36 of the state's
100 counties, having 54 per cent
of the population, hold 52 per
cent of the Senate seats.
ARGUMENTS . . . The argu
ments for the "little federal"
plan center around the fact that
it would duplicate the national
arrangement that is, the North
Carolina General Assembly would
be similar to the United States
Congress. The smaller counties
would have enough protection to
ward off power-grabbing attempts
by the larger counties.
Opponents of the plan cite the
fact that the arrangement of the
. U. S. Congress was concerned
with . protection of states, and
there is a distinct difference in
the political value of the two.
States, say the opponents of the
Goldiwter Pleased
CONCORD, N. H. (UPI Sen.
Barry Goldwater made a politic
al sounding in bellweather New
Hampshire Tuesday and said he
has not lost any support since
the assassination of President
Kennedy.
"The picture hasn't changed,"
he said.
Goldwater told newsmen during
a street-corner press conference
behind the state house that he
was "quite pleased" with the re
action his first tour in New
Hampshire has brought.
Cultural Negotiations
MOSCOW ( UPI ) Soviet nego
tiations on a new two-year cul
tural exchange agreement were
resumed Tuesday with a plea by
U. S. Ambassador Foy D. Kohler
that a "more normal flow of in
formation and persons" be allow
ed in the Soviet Union.
"It would be misleading not to
Ralph Scott Nixes Governor Bid
RALEIGH Youthful Ralph W.
Scott, already a political veter
an at 34, . yesterday announced
that he would not be a candidate
for governor this year.
The Haw River native former
Master of the North Carolina
Grange, made his announcement
at a 3 p.m. press conference in
the Carolina Hotel in Raleigh.
Scott indicated that he would
Romney-z'Conte
WASHINGTON (UPI) Gov.
George Romney of Michigan vir
tually invited the. Republicans
Tuesday to run him for President
but denied again that he would
be an active candidate for the
nomination.
Dorm Social Life
Is Topic Of Bill
By HUGH STEVENS
The SG Residence Hall Im
provements Committee will a,sk
Student Legislature for $2,500
Thursday night to start a "pilot
project" for social room renova
tions. Don Carson, committee co
chairman, said yesterday that the
project is designed to be the first
step toward general improvement
of all dorm social facilities.
"In the past, the University
has hesitated to spend money for
social room decoration because
they feel the students won't take
care of the facilities," he said.
"The committee is of the
opinion that a first-class social
room would be properly cared
for, and we hope to prove it with
this project."
Carson indicated that the Uni
versity has stated a willingness
to use its own money to carry
out further improvements if the
News Analysis
measure, were originally sover
eign and came together to form
the Union. Congress, the ruling
body of the Union, cannot reor
ganize states or create new states
out of those now in existence. In
addition, states perform many
separate and distinct services.
On the other hand, counties are
creations of the state govern
ment and the General Assembly
can reorganize them at its dis
cretion. Counties perform very
few services for their inhabitants,
as witnessed by the relative
smalUiess of county taxes.
Another argument for the
amendment is that there are two
separate majorities geographic-
World
mews
BRIEFS
On AT. H. Visit
There had been speculation that
the Arizona conservative had lost
support since President Johnson
assumed the presidency.
"It's hard to sit out West in a
hospital and judge how this anti
. Goldwater sentiment is going and
. what effect it has. I'm convinced
it's had little effect," he said.
1 Goldwater made the remarks
I after speaking to 15 Republican
state senators who were meeting
-with Senate President Philip S.
I Dunlap. He said he had "picked
up Sen. Dunlap" as a supporter.
Resume In Moscow
say frankly that the exchange
program as it is now conceived
is limited in both scope and
movements and has its definite
shortcomings," Kohler told Soviet
delegation chief Sergei K. Rom
ankovsky. ". . . We look forward
as our goal to a more normal
flow of information and persons."
make a statement in the next
two weeks regarding his plans
for the future, and there has been
speculation that he would pass
up the gubernatorial race this
year to run for Congress. He re
signed his Grange post earlier in
the year in order to test the polit
ical climate around the state be
fore deciding.
He is the son of the late Gov.
and Senator Kerr Scott.
And,, Get Me?9
In a speech before the National
Press Club, he made clear that
he is available for the " nomina
tion and expressed doubt that he
could pull out of the Oregon pres
idential primary if he should be
entered.
"pilot project" is successful.
He added that a site for the
project had been tentatively
selected.
"We intend to provide the fin
est possible furnishings and dec
oration for the project," Carson
said. "We have enlisted the aid
of Louise Ingram, the purchasing
agent for the University in
charge of interior decoration."
The bill to be submitted to the
legislature asks that the funds
be appropriated from the Gen
eral Fund.
"We certainly hope that this
matter will be approved by the
legislature, for we have found the
current facilities to be very in
adequate," Carson concluded.
"We think that the students
will make a special effort to
take care of nicer facilities. If
we can show that they will, it
will be an important step toward
achieving better social facilities."
Goes
To
al and population and both
should be solved. In North Caro
lina, there is no protection
against a "run-away" legislature
(this is the only state in which
the Governor does not have the
veto power) and the larger coun
ties could easily railroad legis
lation through which would be un
fair to the less populated areas.
Opponents refute this on the
same grounds .they refute the
county-state relationship coun
ties are completely subservient
to the state and have no power
within themselves as far as state
wide policy decisions are con
cerned. They also believe that if the
General Assembly were to be or
ganized under the "little federal"
plan, then the whole state would
be liable to extreme gerryman
dering, that is, it could be redis
tricted so as to reduce the effec
tiveness of an "unworthy' minor
ity. If the amendment passes, it
6Gag
UoSo
To Postpone Meet
Coroner Has
No Comment
On Autopsy
Walker Clams Up
On Rinaldi Case
Orange County Coroner Allen
Walker Jr. is again at the center
of a controversy over the Rinaldi
murder case.
Statements attributed to him
Monday led Orange County Com
missioners to reject a request
that the county reimburse Frank
Rinaldi for the cost of an autop
sy performed on his murdered
wife.
Walker yesterday declined to
comment on the matter, and Rin
aldi's attorney confirmed state
ments he made early in the in
vestigation which challenge Walk
er's account of how the autopsy
came to be performed.
The findings of the autopsy,
authorized and paid for by Rin
aldi, a 34-year-old UNC graduate
student, played a major role in
dismissal of a murder charge
against him Dec. 31.
Reimbursement of the $150 fee
was requested in a letter to the
Commissioners from J. R. Gas
kin, UNC English professor.
The board declined to act on
the request after Col. George
Levings, county attorney, said
Walker was in the process of or
dering an autopsy when Rinaldi
contracted privately for the autop
sy. After the Commissioners meet
ing Monday, Levings talked with
Walker again. He quoted Walker
as saying that after the discovery
of Mrs. Rinaldi's body, he obtain
ed the written consent of Rinaldi
and his attorney, Barry Winston,
to have a county-paid autopsy
performed.
"Apparently though," Levings
said, "the private request was
made anyway in advance of the
coroner's request."
Winston declined to comment
directly on Walker's reported
statements to Levings, but he
agreed to repeat his version of the
autopsy controversy.
"Walker asked me if we want
ed an autopsy," Winston said.
"After conferring with my client,
I said yes. Walker then typed
up an authorization on a Police
Department typewriter and
brought it back to us. Mr. Rinaldi
signed it and that is the only
request for an atopsy that was
made by us. As far as I know
it's the only request that was
made by anyone.
"Fifteen minutes later," Win
ston continued, "Walker inform
ed me that my client would have
to pay the $150 fee or there would
be no autopsy. So Mr. Rinaldi
made out a check for that
amount."
Walker became embroiled in a
controversy at the . outset of the
(Continued on Page 3)
ID)
will probably have to face a
court trial. Several other states
have redistricted in much the
same manner proposed by the
"little federal" plan, and every
time the courts have declared it
unconstitutional.
Proponents of the plan cite sta
tistics in defense of the meas
ure's constitutionality. For in
stance, Mecklenburg County, the
state's largest, now has 6.2 per
cent of tlie votes in the General
Assembly. Under the "little fed
eral" plan, it would have 6.7 per
cent. Guilford County, the next
largest, would increase its power
from 5.3 per cent to 6.7.
As for the opposition's state
ment that the state could be con
trolled by 19 per cent of the pop
ulace, supporters point out that
the United States could be con
trolled by 17.5 per cent of the
populace.
"And how many instances can
you think of in which the smal
ler states have banded togeth
Law9 Causes
Physics Group
Association Takes
No Off icial Position
By GARY BLANCHARD
The professional organization of the nation's physi
cists has postponed plans to hold a national meeting
jointly at UNC and Duke in 1965 as a result of the Gag
Law.
Dr. Eugen Merzbacher, UNC physics professor and
Reds Can Speak
At N. Y. Schools
The interests of academic free
dom make it permissable for
avowed Communists to speak at
the New York State University,
an appeals court held unanim
ously in a recent decision.
"The tradition of our great so
ciety has been to allow our uni
versities ... to explore and ex
pose their students to controver
sial issues without government
interference," the Appellate Di
vision for the 3rd Judicial De
partment in Albany, N. Y., said
in the precedent-making decision.
The court overruled a lower
court opinion that has kept Dr.
Herbert Aptheker from speaking
! at the University of. Buffalo, a
unit of the State University, of
New York.
. A student association had in
vited Aptheker, a member of the
National Committee of the Com
munist Party, to give the final
lecture in a series on political
ideologies.
William Egan of Ballston Lake,
an attorney and Democratic can
didate for Congress at the time,
filed a suit to bar Aptheker's
appearance.
Justice Russell G. Hunt of
State Supreme Court, the lowest
state court, held that use of state
owned facilities for "expounding
a subversive doctrine to a stu
dent body on campus" was con
trary to state policy.
The appellate division said that
no contentions had been made
that "Dr. Aptheker advocates,
has advocated or will advocate
at the lecture in question the for
cible overthrow of our govern-'
ment as any more than an ab
stract doctrine."
The court noted that there was
no specific law to cover the case
before it. Without express legis
lative direction, the opinion said
the court "cannot find such ab
stract advocacy to be against
the law of this state."
Attorneys for Egan said they
would have .to study the Appel
late Division decision before de
ciding whether to carry the case
to the state's highest court, the
Court of Appeals.
r
MS
er?", they ask.
Opponents are concerned about
the procedure of redistricting the
Senate in 1965 if the amendment
passes. If the Legislature fails
to redistrict the Senate, as it al
most did not during the past ses
sion, then the amendment pro
vides for a five-man commission
composed of the president of the
Senate, the Speaker of the House,
an appointee of each and an ap
pointee of the governor to do the
job.
As one representative com
mented, "I am unwilling to let
a fundamental democratic prin
ciple be given to the power of a
five-man commission."
Another point cited by the
amendment's supporters is the
state's diversity, ranging from
the fishing industry on the coast
to the lumber industry in the
mountains, from the mills of the
Piedmont to the farm lands of
the state. Each group should
have equal representation, they
local coordinator of the planned
meeting of the American Phy
sical Society, said passage of
the law led to the group's Ex
ecutive Council reviewing its
meeting plans and deciding to
postpone coming here until 1S66.
Merzbacher said the society
did not mention the law as the
reason for its change in plans,
but if the law had not been
passed, he said, "it seems cer
tain that the meeting would
! have been held as planned."
About 1500 physicists had
: planned to attend the meeting,
1 Merzbacher said.
After the law was passed,
Duke offered to host the meet
ing alone if the Society had
reservations about holding ses
sions in Chapel Hill as planned.
Merzbacher said the society
has not taken a position on the
Gag Law, which bars known
Communists or persons who
have pleaded the Fifth Amend
ment in loyalty cases from
speaking on the campuses of
state-supported schools.
"However," Merzbacher said,
"as -hosts to the planned meet
ing, I and my . colleagues hope
that by 1966 the Gag Law will
. be repealed. That would remove
any obstacles which now stand
in the way of unhindered com
i munication between scientists."
The next General Assembly
' meets in 1965. The three major
gubernatorial candidates have
called for the law to be clari-
(Continued on Page Three)
SP Chooses
Paul Dickson
As New Boss
Lancaster Named
As Vice-Chairman
Paul Dickson, a sophomore
from Raeford, has been elected
the new chairman of the Student
Party.
Dickson succeeded outgoing
chairman Neal Jackson in elec
tions held just before the vacation.
He pledged "a new and closer
organization" for the party dur
ing the coming year.
In other party elections, Mar
tin Lancaster was chosen vice
chairman and Baxter Linney of
Ruffin Hall was elected to fill
a vacant seat in legislature.
New members of the SP Ad
visory Board elected were Lan
ny Shuff, Frank Hodges and Lar
ry Ford.
Jl
uiegcaay
say, and thus would be able to
protect their interests.
But, say the opponents, it is the
job of the General Assembly to
do what is best for the entire
state, and senators and represcn
atives should not be elected on
a purely sectional basis.
The major support of the bill
has come from the North Caro
lina Farm Bureau, which repre
sents most of the rural sections
of the state. Without question,
the supporters of the bill have
been far more active than those
who oppose it, and for this reas
on there is a distinct possibility
that it may pass.
Opponents of the bill include
the various labor unions, the Re
publican Party, most of the of
ficial leadership of the Demo
cratic Party and the industrial
leadership of the state.
So it's 19 per cent of the state
pitted against the rest, and if
they win the battle has just begun.