"C Library
-erial3 Dapt.
87Q
Chanel Hillf nc
Graduate Meeting
StuUff Ua?Ue of Gduate
Affa 10 ,nttional
at 7 4 ' 'inf1 evening
7.30 ,n 103 Caldwell Hall.
27514
1$
Join Caucus
There will be a special joint
caucus for student legislators
tonight a 6:30 upstairs of
Graham Memorial.
76 Years Of Editorial Freedom
Volume 76, Number 49
CHAPEL HILL. NORTH CAROLINA, : WEDNESDAY. NOVEMBER 13, 196S
Founded -February 23, 1893
AxVJ"
HIT
I I 1 I I II M
3U
Bra
BI1
1 WO
Moot
Court
Slated
Is the war in Vietnam
unconstitutional?
Come to the UNC
Holderness Moot Court
Competition in the Law School
Courtroom at 7:30 p.m.
tonight and find out.
The petitioner in the mock
trial is a private in the U.S.
Army, George Ivan Josephs.
This GI Joe is morally opposed
to the war and "seeks an
injunction against the U.S.
prohibiting the Secretary of
Defense from requiring him to
participate," according to a law
school announcement.
It continues "petitioner . . .
asserts that the Vietnam War
constitutes a Presidential
usurpation of Congressional
powers and an abrogation of
U.S. Treaty commitments and
is therefore unconstitutional."
Sam Shepard, a third year
law student from Raleigh, is
the Chief Justice of the Moot
Court Bench. He told the DTH,
"The Supreme Court has never
tried the situation though it is
conceivable that they could."
It's "such a hot potato.
They don't have to hear
everything that comes up to
them," he added. 'The
government has never
consented to be sued" on this
issue.
Davie F. Meschan and
Thomas L. Owsley will serve as
counsel for the petitioner.
Geoffry V. Parker and Robert
K. Smith will speak for the
governr.-.ent.
, These two teams leave
j Thursday for regional
competition in Charleston,
W - Var-Jr they-are victorious
(Continued on page 6)
51 Blacks Jailed
In Swan Quarter
SWAN QUARTER, N.C.
(UPI)-State Highway
Patrolmen arrested 51 more
young Negroes protesting
school and welfare policies
here Tuesday and crowded
them into a tiny jail where one
Negro girl hung up pink
curtains.
A group of 40 younger
demonstrators, ranging in age
from 10 to 15, sang freedom
songs in front of the jail and
once threatened to storm the
nearby courthouse building.
Continuance
l&iven In
Party' Trial
The trial for the seven
persons arrested in connection
with election night
disturbances has been
postponed a week until
Tuesday, Nov. 18.
' The lawyers for the arrested
students and faculty members
requested continuance of the
case. The trial was originally
scheduled for Tuesday, Nov.
The street party
sponsored by Southern
Students Organizing
Committee involved hundreds
bf students downtown on the
evening of Nov. 5.
Chapel Hill police
attempted to direct traffic
through the crowd on Franklin
Street. Dr. Laurence Kessler, a
professor in the History
department, was the first
person arrested, on a charge of
obstructing traffic.
There were five other arrests
that night, on such charges as
disorderly conduct aui
assaulting an officer. The
seventh and final arrest
four days later, when George
Vlasits was arrested for
obstructing traffic and
assaulting an officer.
Ther trial for all seven mil
tike place next Tuesday m the
courtroom on the second floor
of the town hall.
UNC COED?- It has been rumored that the days of the Typical
Carolina Coed (TCC) are numbered. What with all them liberals
takin' over the campus, a body just don't know what it's in for
Who
By CLIFF TUTTLE
Special to the DTH
Student Legislature will
consider two proposed drug
policies today and will attempt
to reach agreement concerning
what ought to be made an
offense.
The policy introduced by
John Williford and John
McMurray : would try--
possession and transfer of illicit
They dispersed late Tuesday
afternoon vowing to return
Wednesday morning.
Those behind bars,
including six arrested Monday,
continued to chant and sing
"ain't gonna let no nightstick
turn me round."
"We'll be back in the
morning," shouted 17 -year-old
James Topping of New
Holland, who identified
himself as a field worker for
the Southern Christian
Leadership Conference. He led
the younger Negroes out of
town in bitter cold and gusty
winds.
The younger group
apparently had tried to get
arrested by holding hands and
blocking traffic, but Troopers
broke them up without making
any arrests. Earlier, they made
a half-hearted attempt to storm
the courthouse, but withdrew
when officers moved in front
of the door.
The new arrests were made
as 40 to 50 high school
students, bundled against the
cold, marched the mile and a
half from the church where
they have marshaled their
demonstrations to the tiny
town of about 400.
In an editorial, the Raleigh
Times urged Gov. Dan K.
Moore and Lt. Gov. Bob Scott
to return to North Carolina
immediately to provide
leadership in dealing with the
Swan Quarter racial
disturbance.
Moore is on a two-week
tourism promoting Junket to
South America and Scott,
recently elected tosucceed
Moore to the governorship, is
vacationing out of the State
after a vigorous campaign.
The Times also said Moore
and Scott should have
appointed a successor to the
late David S. Coltrane as
chairman of the North Carolina
Good Neighbor Council before
leaving on their trips.
The paper said sending more
State Highway Patrolmen into
the Coastal City "could be sort
of like pouring kerosene on a
fire that is already too hot and
too long uncontained."
Should Try Dreg Cases?
Student Courts Must Accept Responsibility: Tuttle
drugs in student courts. The
other policy, proposed by
Charles Jeffress, would permit
only transfer to be tried.
The practical effect of such
a policy is to reduce Honor
Court drug convictions to
nearly zero. The only reliable
way for police to prove
transfer is to arrange the
transaction through an agent or
gtfr-betwwnr'-""
.X)nce the arrest has been
made, however, charges of
possession, not transfer are
filed. By declining to prosecute
an individual for drug transfer
the police can protect the
identity of their agent, who
can be used again. After such a
case had been tried in civil
court, there would be" little
evidence of transfer available
to student courts, assuring that
only a small percentage of civil
drug cases would ever reach the
Honor Court.
Jeffress argues that any
regulation of drug possession
or transfer "merely duplicates
state and federal law."
Moreover,it would subject the
student to more than one trial
and more than one penalty.
State narcotic laws are already
so strict that any additional
punishment given by the
University would have little
effect.
Williford and McMurray
disagree, saying the regulation
of possession and transfer
would supplement, not
duplicate, the actions of other
courts. Student courts
traditionally try a large number
of cases involving possible
violation of civil law. No
double-jeopardy is involved
since the courts have totally
different jurisdictions.
Even within civil law a
distinction is drawn between
federal and state jurisdiction.
Thus, a man robbing a national
Reifler Gives Views On
Bv TOM GOODING
Dili Staff Writer
Dr. Clifford Reifler
advanced his medical . opinion
on the current dnlg issue
emphasizing the psychological
effects and the legal
distinctions that need to be
made in drug cases.
Dr. Reifler, who is head of
the University Medical Service
and consultant with the
student courts on drug cases,
said in reference to the
physical effects of marijuana,
"Marijuana has shown no
evidence of any lasting physical
effects on people who have
taken it. AU adverse reactions
have been psychological."
Concerning the nature of
the drug Dr. Reifler said,
around here anymore. My mama told me I'd be sorry if they
started lettin' boys visit in mah dorm. (Photo By Walter Holzer).
bank faces separate trials and'
separate sentences for the same
act. Why should a student
court fail to try students
Tu ttle
Answered By Jeffress
By TOM SNOOK
DTH Staff Writer
Charles Jeffress, author of
the drug bill which would only
try transfer of drugs, answered
several criticisms outlined in
the article by Cliff Tuttle.
To the charge Tuttle makes
that his policy would reduce
Honor Court convictions to
zero, Jeffress feels the purpose
of the policy should not be to
promote convictions, but
rather to be a detterent against
acts of transfer, including
administering drugs to a
Board Of Aldermen
Rescinds Water Acts
The ordinance making
illegal the use of water for car
washing, lawn watering, and
operation of water consuming
air conditioners was rescinded
by the Chapel Hill Board of
Alderman Monday night.
The Board followed the
suggestion of Chancellor J.
Carlyle Sitterson who told the
Board by letter that the water
from Durham had eliminated
the present crisis stage.
"Marijuana is not a narcotic. In
low dosages it is a mild
intoxicant, in heavier dosages
its atiects become increasingly
similar to the hallocingins such
as LSD.
"No psychological
dependence occurs with
marijuana but psychological
dependence has occurrtd. We
have observed all the kinds of
adverse reactions to marijuana
that have been described as
occuring with LSD. These
reactions range from acute
anxiety during the drug
episode to prolonged psychotic
episodes."
In an attempt to clarify the
meaning of psychological
dependency Dr. Reifler defined
the term as follows:
"Psychological dependency
convicted in other courts when
practically any professional
association, such as the AM A,
would not hesitate to do the
Drug
student without his knowledge.
Carrying the point
concerning courts further,
Jeffress stated if student courts
have to rely on evidence
supplied by the civil courts, as
Tuttle mentioned, should the
student courts be trying the
cases at all?.
The question of different
jurisdiction of the courts
causing double jeopardy
evoked the comment that the
question is not of jurisdiction,
but rather if possession is of
sufficient threat to the student
community to justify a policy.
Commenting on the
If rain does
anticipated
quantities,
not come in
quantities
however,
conservation measures
have to be reinstated.
may
The action marked the
elimination of all restrictions
on water usage. Carrboro lifted
its ordinance last week, and
Monday Sitterson instructed
UNC departments to resume
operations suspended six weeks
ago due to the water crisis.
UNC Medical
is based on an emotional need
to continue taking a drug
because of the relief of
uncomfortable tensions or the
apparent feeling of pleasure or
well-being that can result from
taking the drug,
"This may be as mild as a
need tn ha thP dru? at
intermittent times of acute
stress or as strong as becoming
the primary reason for a
persons activities."
Dr. Reifler explained that
psychological depender.ee can
be "related to a security
blanket" and that "it is
possible for a person to
become psychologically
dependent on cigarettes."
Referring to the current
controversy about drugs on
Jrace
After a week's delay, caused
by a decision to hold the bills
in committee. Legislature will
consider tonight the two durg
proposals which have been
introduced.
The Jeffress bill has been
revised from a resolution to a
bill and now includes all types
of transfer as offenses which
can be tried.
His bill would still make a
drug act passed two years ago
under the Powell
administration the official
University policy. Use and
possession would not be
offenses which could be tried.
Transfer would be subject
to action by the student courst
if the act has no medical
implications 'involved.
However, if the offense did
have medical implications, the
Faculty-Ad m inist rat ion
Student Judiciary Board,
same for any of their own? It
simply reflects two distinct
responsibilities.
(Continued on page 6)
Criticism
difference of student values
and standards from those of
society, Jeffress stated that
possession should not be tried
since student values do not
look down on the possession of
drugs.
Jurisdiction was raised again
by Tuttle when he stated less
self-regulation would mean
more direct discipline by the
administration, town, courts
and outside interests.
Jeffress contends possession
would be tried in outside
courts regardless of whether
the university would or not. He
added if the University's
discipline merely reinforces
what others want, than the
University should not be
disciplining.
An answer for this was
presented when Dr. Penegar of
the Law School stated the
courts look for "alternate
probationary agencies."
Jeffress contends if the
University must act as such a
probationary agency, then we
shouldn't be.
Tuttle pointed out if the
judge feels the chances for
rehabilitation are good for a
defendant, then he will tend to
be lenient.
Jeffress contends no one is
providing any rehabilitation for
(Continued on page 6)
Service Head
campus and across the nation
Dr. Reifler said, "Most of the
discussion about marijuana has
been from people who are
trving to prove a point rather
than to discuss the issues.
"People who say it is an
extremely dangerous drug arc
probably just at wrong as those
who say it is utterly harmless,"
Reifler said.
"Under the current social
situation one of the major
dangers of its use is legal
action. Other problems are th t
its use does seem to increase
the probability of more serious
drug involvement but not to
the overwhelming extent often
portrayed." said Reifler.
Reifler also felt that, "One
reason that we have not seen
more adverse reactions has
been because of the low
LegisI
(FASJAB). would handle the
case.
Students charged with drug
offenses under the Jeffress act
would be guaranteed all rights
under the student constitution.
If tried by FASJAB, the
student would be granted the
right to refuse to answer
questions or testify on the
grounds of self-incrimination,
and would have the right to
move postponement of his trial
until after civil action.
If tried by the student
courts, the student would be
allowed to refuse to answer
questions directed at him
during preliminary trials, but
under the Honor Court's law,
he would have to answer all
questions ruled in order by the
Chairman. It is possible that he
would have the right of
postponement under the
Jeffress Act but that is not
guaranteed.
The second proposal which
Legislature can consider is
more moderate policy
introduced by representatives
John Williford and John
McMurray. Their bill states
'ft- fty'j i'Ji i
: "'V,
nniniMiin 1 mm I I ' i linn iiiiuii i nil in i r-'i.nr - tM
It's Better Than Blowing Grass
... And Legal, Too
Drug Issues
potency of most of the
available marijuana and
secondly, despite its increasing
use it is not always available to
the casual or impulsive user."
Reifler felt that the laws
should make a distinction
between drugs and thst many
of the penalties are out of line.
"The classification of
marijuana with narcotics blurs
the real distinction between
these drugs. I think the
penalties for possession for
personal use rather than for
sale are out of proportion to
the potential harm of the
drug.'f
As far as the university
community was concerned
however, Reifler felt that ,"At
this time some regulation is in
order. One reason for this
opinion is that the presence of
at uire
that possession of drugs is of
sufficient detriment to the
University to cause a response.
Under this bill, use is not
subject to action except in
those cases where medical
implications are involved. In
such cases, those people would
be advised to see medical
consultation.
For the charges of
possession, those accused of
possessing illicit drugs would
be subject to action by the
Honor (co-ed) Court. If cases
of medical implications arise,
these cases would be handled
by FASJAB. Transfer is also
considered an offense and cases
falling into this category would
be handled by the student
courts if no medical
implications are involved, and
by FASJAB in cases where
medical implications are
involved.
The rights of the students in
all areas of concer, (that is,
rights under the Student
Constitution, right to refuse
questions or testify, and the
right of postponement) would
be held in both the Student
Courts and FASJAB.
an individual utilizing
marijuana can serve as a source
of emulation and supply for
others who might not on their
own be as readily involved with .
drugs or who might be more
vunerable to their effects."
Reifler emphasized that
there wzs a difference that
needed to be made concerning
the magnitude of harm
resulting from different drug
cases.
"I think there is a
significant difference between
the person who has marijuana
for per so rul use and the
individual who has quantifier,
of marijuana f oi the purpose of
distribution.
"In the first instance the
individual is harming only
himself in the second instance
he is involving others."