.tf.M.C. "Library
Serials; Dept.
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Founded Feb. 23, 1893
CHAPEL HILL, NORTH CAROLINA, THURSDAY, MAY 14, 1964
United Press International Servic
A PERFECT ENDING FOR OLD EMERSON
"71
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By LARRY TARLETON
Fourteen in a row!
It couldn't be done, but the
Tar Heels did it yesterday. Coach
"Walt Rabb's ACC champs came
roaring from behind with four
runs ki the sixth and rode the
relief pitching of Bill Haywood
to a 5-2 win over the upstart
Duke Blue Devils.
Dick Fleming and. Jim Speight
Hayicood Goes Up,
f: - V f
'Twas A Storybook Ending
For That Mass Of Concrete
By PETE GAMMONS
No, BUI Haywood isn't as old
as the mass of concrete that is
Emerson Stadium. But despite
that discouraging revelation to
story tellers, his last home game
and Emerson's last game draw
quite a parallel.
Haywood was invincible again
yesterday, running his record to
9-0. His home career closed out
in tremendous fashion, which all
the more seemed to symbolize
the end of the old stadium's ca
reer, which dates back to 1916.
Four thousand fans went wild
When Haywood forced Stan Cris
soq to fly out for the last out to
finish an undefeated conference
season. But they went even wilder
u hen Dick Fleming bit his homer.
Sonny Odom added to the scream
ing throngs by racing in to home
umpire Joe Mills from right field
Hoffman Receives
64 Peace Award
Tonite At Carroll
Paul G. Hoffman, managing di
rector of the United Nations Spec
ial Fund, will receive the Ameri
can Freedom Association's 1964
World Peace Award at public
ceremonies at the University
here tonight at 8 o'clock at the
Carroll Hall Auditorium.
Gov.. Terry Sanford will present
the award to Mr. Hoffman, form
er administrator of the Marshall
Plan, former president of the Ford
Foundation, and former president
of the Studebaker Corp.
Dr. Frank P. Graham, U.N.
mediator and former president of
the Consolidated University, will
introduce Gov. Sanford.
Presiding over the ceremonies
will be Dr. Robert H. Spiro Jr.,
dean of Mercer University, Ma
con, Ga., and president of the
American Freedom Association,
Inc., which maintains its nation
al headquarters at Salisbury.
The award presentation culmi
nates sessions of a United Na
tions Seminar to be held here at
Carroll Hall beginning at 3 p.m.
today.
Throttles Devils, 5-2
homered for Carolina, but first
baseman Bill Brown came up
with the big hit a single through
the box that scored two runs in
the big sixth. Haywood came in
for starter Beattie Leonard in
the second and went the rest
of the way without allowing a
Blue Devil to cross the plate.
The victory closed out the'
ACC season for the Tar Heels.
Duke Goes Down
Photo by Jim Wallace.
to question whether Biff Bracy
had caught the ball in the left
field corner. Two errors, an er
rant throw, and Bill Brown's
single made the walls of the an
cient park rock like never before.
The fans were kept amused
throughout the game by certain
players who earned themselves
Oscars. Gary Black won one un
der the "Best Stunt Acting," by
catching every fly hit at him off
his shoe tops.
Jim Speight won the "Sadist"
award for laughing when the Blue
Devils kicked around Dickie
Prindle's grounder for the tying
run, then stepped up and lined
a long double to left center.
Two Duke players won awards.
Bucky Fader won the "Most Co
operative" trophy for getting
picked off second base with no
one out in the ninth, and the
tying run at the plate. Crisson
won the Highest Maze award
for acting with his impersonation
of an elephant around the first
51 . i
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11
They play Southern Conference
opponents Davidson and Virginia
Tech this weekend then take an
exam break beiore the District
III tournament which begins in
Gastonia on May 28. The Heels
will meet the at-large team
(probably Memphis State) at
10:30 a.m. on the 28th to begin
the double elimination tourney.
The Duke victory ran Caro
lina's record to 20-5 overall, and
14-0 in the conference. Except
for the disastrous Florida trip,
the Tar Heels could boast a 20-2
record. They lost to Florida
State twice, 9-0 and 17-3, and to
Mississippi State, 3-2 on the
trip. The other two losses came
at the hands of the Camp Le
jnune Marines, 4-3, and to Wake
Forest in a charity game played
at Asheboro, 11-5.
The win over the Blue Devils
was the tenth straight for the
surging Tar Heels. The last loss
was the Wake Forest game. .
The record crowd of an esti
mated 4000 stared in amazement
as Duke hurler Jay Hopkins set
down the first 15 Tar Heel bat
ters. But when Fleming led off
the sixth with his second homer
of the season, the Tar Heels
came to life and the Blue Devils
collapsed.
Fleming caught hold of Hop
kins' first offering and lifted it
high and far into left field. Left
fielder Biff Bracy took off with
the crack of the bat, jumped,
got his glove on the ball, flipped
over the fence and dropped the
ball. Fleming hesitated at sec
ond base, but umpire Joe Mills
gave the circular moticn with
his right hand, and the little
third baseman came trotting
home. Loud protests from the
iBlue Devils only brought hoots
from the crowd, and the Tar
(Continued on Page 4)
base bag.
Haywood's career wasn't the
only great one to close out in
glory, for Speight and Brown were
co-stars along with the "veteran"
right hander. It was only ap
propriate that all those careers,
especially Emerson's, should end
on a perfect note.
TODAY ON WXJNC RADIO
6:00 The Dinner Hour
6:45 Lernt Deutsch
6:55 News
7:00 Special Broadcast Speech
of Justice Agranat: "Admin
istration of Criminal Justice
in Israel."
8:00 Masterwork
10:00 News
10:15 Hillside Jazz with Frost
Branon and All His Friends
Frost Branon, retiring
station manager of WUNC,
will host one last big pro
gram before graduation.
Sometime after 1 a.m. Sign off
Down On The Field
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One Thousandeth
Old East Decides
To Dine At Pines
By FRED SEELY
Over strong protests from a
small faction within the Residence
Hall, Old East voted Tuesday
night to hold its annual banquet
tonight at the Pines Restau
rant. It will be the first banquet at
the segregated restaurant since
Alpha Tau Omega fraternity
held a dinner early in the se
mester. Reports yesterday indicated
that several members Of the
Hall, including YMCA president
Rick Edwards, would picket the
banquet.
The final vote on the decision
was 44-14 in favor of the Pines
over the Zoom-Zoom and La Piz
za. Earlier in the week the
Hall's Executive Committee had
voted 6-2 in favor of the Pines.
Dissenting voters were WThit
Joyner and Mai King.
"We held the Hall meeting to
give the integrationist faction a
chance to air their views,"
president Doug Kelly said yes
day. "All that was needed was
the vote of the Executive Com
mittee, but several people ap
proached me and threatened
letters to the DTH and picketing
Where Things Were Looking Up For The Tar
Of The Throng
Photo by Jim Wallace.
if it were held at the Pines.
"I called a Hall meeting in an
effort to let them be heard, and
they were beaten. The Pines
gave us the best price."
The banquet is apparently not
a violation of the Student Gov
ernment constitution, which for
bids the use of SG funds in se
gregated establishments. There
are no Negro students in Old
East, and, according to Kelly,
"the Pines would not have been
considered if there had been."
Kelly estimated there would
be at least 50 Hall members at
the banquet. Old East has 90
residents.
"We will definitely have the
banquet, unless somehow it is
declared an abrogation of the
student constitution," Kelly com
mented. CORRECTION
Mike Lawler did not say "the
University should dictate policy
to them" in reference to social
fraternities as quoted in yes
terday's DTH.
Due to typographical error,
the word "not" after "should"
was omitted.
Constitutional Council Decides
Against Campus Boycott Poll
By HUGH STEVENS
The Constitutional Council
ruled Tuesday evening that the
"stude.it poll" on the boycott
issue set. lor Friday is "uncon
stitutional." The decision will
postpone indefinitely any type
of student vote on - the civil
rights question.
The Council's verdict was re
turned after a lengthy sessicn
at which the principals on both
sides gave prepared statements
and were questioned by the
Council."
Basing its decision cn the defi
-k it
ackers
B
ssue Statements
Three members of the pro-poll
faction of student government
yesterday issued statements con
cerning the decision of the Con
stitutional Council Tuesday night.
Clark Crampton, . chairman p?
the Communications Committee;
Dick Akers, Student Party legis
lator and former Treasurer of
the Student Body; and Don Car
son, Vice-President of the Stu
dent Body released the statements
yesterday.
By DON CARSON
I am in complete disagreement
with the decision of the Constitu
tional Council with regard to the
proposed boycott poll. I submitted
to the Constitutional Council, and
I still maintain, that there is a
decided legal distinction between
an opinion poll and a referendum.
In modern constitutional law a
referendum is the "method of
submitting an important legisla
tive act to a vote of the whole
people." (Black's Law Dictionary,
p. 1514)
The poll which we proposed to
take had no effect whatsoever on
any legislative measures. It was
an opinion poll.
We have done everything hu
manly possible to get this issue
before the student body. I regret
very much the decision of the
Constitutional Council. However,
the Council's opinion not mine,
is the law.
DICK AKERS
I feel the decision of The Con
stitutional Council to be extreme
ly narrow, short-sighted, and na
ive. I feel that in rendering such
a verdict, The Council has, dem
onstrated, along with the back
ers of the appeal, a rather corn-
Heels
Photo by Jim Wallace
nition of "referendum" as it is
referred to in the Constitution,
the Council said the poll is
"clearly a referendum with all
the implications of a referen
dum." Under the Constitution, a
referendum must be conducted
by the Elections Board. In mak
ing its decision, the Council in
dicated that the proposed "poll"
had "de'inite official over
tones." It noted in a statement
which appears on this page that
such "official" overtones are the
primary factor in differing be-
Of Poll
plete lack of common sense or of
propriety.
I feel that the students of this
campus will join me in denounc
ing this action to deny them their
... rights for -what it is: a petty
move by petty individuals at the
expense of the welfare of the
Student Body.
PETE' WALES'
STATEMENT
(Editor's Note: This is the statement of Pete Wales, chairman
of the Constitutional Council. It is his report to the President of
the Student Body on the hearing on the Boycott PollReferendum
Tuesday night.)
The business before the Constitutional Council in their hearing
Tuesday night was to decide whether or not the proposed "poll"
on the student boycott scheduled for Friday was in fact a poll or
a referendum according to the Student Constitution's implied defini
tion of referendum.
If the Council were to decide that this "poll" is in fact a referen
dum, then it would be unconstitutional since all referendums must
be handled by the Elections Board and may not be conducted during
a University examination period. The Law School has part of their
examinations scheduled for this Friday.
If the Council were to decide that the proposed "poll" is not a
referendum under our Constitution, then the Communications Commit
tee would be free to conduct a poll Friday or any other time in
any way they pleased.
In its decision, the Council differentiated between the terms
poll, referendum and review. Both a referendum and a review fall
under the broader definition of the word poll and are specific
types of polls.
A review is defined in the Student Constitution as "a ballot on
any act of the Student Legislature." This implies a campus-wide
vote supporting or contradicting an act passed by legislature. The
outcome of such a vote would be binding on the legislature per
taining directly to the act in question.
In defining the term referendum, the Council interpreted the
Constitution as differentiating between this and a review. We
inferred from the Constitution that the term referendum was to
be a broader term than review.
Differentiating between a referendum and a poll, we further
interpreted the definition of a referendum in our Constitution as
being a campus-wide ballot on an official measure of the Student
Legislature, held for the purpose of assertaining campus opinion on
an issue within said official measure and having no binding effect
on the legislature.
Thus a referendum may be held on any issue contained in a
legislative act or resolution. Legislative action may result from
the outcome of such a vote, but it is not mandatory.
A poll may be held by any executive committee or any other
person or persons which uses the methods employed by the Elections
Board so long as it does not poll the participants directly on some
official legislative measure and thus has no official overtones to it.
Polls of various types are often valuable in determining campus
opinion and may lead to legislative action, but they do not refer
a legislative action directly to all students in an elections procedure.
In this particular case, there were definite official overtones to
the poll. The questions on the ballot referred to a resolution of
Student Legislature on a student boycott and were drawn up in
legislature and not by the Communications Committee. The Council
considered it to be clearly a referendum with all the implications
of a referendum.
The Council voted six to one that the proposed poll was in fact
a referendum and therefore unconstitutional. The one dissenting
member felt that there was no difference implied by the Constitution
between a referendum and a review. This member felt further
that the proposed poll was not of an official nature in that it had
no binding effect on the legislature.
Vr i m"J .J
tween the proposed poll and
other types of polls.
Arthur Hays, SP legislator,
and John Randall, former legis
lator, led the fight to have the
bill declared unconstitutional.
They r3ted that the "poll" was
nothing but a referendum in dis
guise, and therefore in violation
of the Constitution.
The proponents of the meas
ure, including SP Legislator Dick
Akers, Vice-President Don . Car
son, and UP Legislator Mai
King, based their argument on
the legal definitions of "poll"
versus "referendum." They
claimed that inient, not method,
separated the two, and that a
poll which had no direct bearing
on legislation could be con
ducted in any manner, even
through the use of ballot boxes.
They further attempted to
prove that the Communications
Committee had a definite right
to conduct such a "poll."
The Constitutional Council,
composed of seven representa
tives of the Men's and Women's
. Councils, is empowered b the
Constitution to rule on the le
gality of any legislative, act or
executive order.