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Vol. 81, No. 29
niversiuy answer
ajiecui
by Cathey Brackett
Staff Writer
The reply to the lawsuit challenging
the use of student fees to support The
Daily Tar Heel was filed by the University
in U.S. District Court in Greensboro
Wednesday.
The answer included a request that
further proceedings in the case be delayed
until ihe case concerning the campus
newspaper at N.C. Central University is
decided. That case also involves the use of
student fees for a student newspaper and
is on appeal to the Fourth U.S. Circuit
Court of Appeals.
The reply stated certain facts, in
response to questions raised earlier by the
plaintiffs, in the first defense to the suit.
The first defense said the plaintiffs
"fail to state a claim against the
Amendment veto
stirs
controversy
by Mike Fogler
Staff Writer
The veto by Student Body President
Richard Epps of the amendment call for
supplemental budget hearings has brought
opposing reactions from the various
individuals involved.
The amendment, authored by Dick
Baker, president of the Graduate and
Professional Student Federation (GPSF),
would have caused the hearings to be held
to determine how much- of the Student
Government Surplus will be appropriated
this year. The amendment reads as
follows:
All monies in the General Surplus shall
be frozen until:
Student Legislature determines how
much of the existing general surplus shall
be distributed;
All organizations be invited to
submit proposals for general surplus
funds to be distributed;
OThe Finance committee determines
how to allocate and SL ratifies allocation
of general surplus funds;
section 3 shall be completed no
earlier than Oct. 19, 1972 and no later
than Nov. 2, 1972.
Baker drew up the amendment because
four organizations the YM-YWCA, the
Rugby Club, the Finance Festival, and
WCAR came to the Finance committee
of SL after reading the DTH article which
pointed out that the $117,000 general
surplus existed, and each asked for
additional money.
Baker's view is that the freezing of the
general surplus until at least Oct. 19 does
not affect any organization getting
money from last spring's budget.
He also commented that he was
surprised at the Tar Heel taking such a
strong position on the matter, referring to
.r ormar wim "praeltiee
No drills
'ust
The UNC Swimming Team began
its formal practice today outside in
Navy pool. But the coach didn't
run them through drills or laps or
even calisthenics. He sat the
swimmers around himself in a circle
and talked about offense and
defense and rules.
The start of "formal" practice, in
short, was to play water polo.
The coach named four teams and
after twenty minutes of team
meetings the games were underway.
They passed and shot with skill and
seemed to have a lot of fun while
working hard. Pete Anderson and
Dave Marlin are shown (left)
battling over the ball, forcing it
under water, while Pete Larochelle
blocks a shot (right) marked for the
upper corner.
(Staff Photos by Cliff Kolovson)
polo
D
MB.
defendants on which relief can be
granted."
The second defense offered by the
defendants is based upon the failure of
the plaintiffs, four UNC students, to
represent an entire class to whom relief
could be granted.
Facts stated in the reply include:
Othe capacities filled by Chancellor N.
Ferebee Taylor, University President
William Friday and Vice Chancellor of
Finance and Business Joseph Eagles as
administrators of the University;
Othe existence of a mandatory
collection from students of a block
student activity fee -($9 per semester for
undergraduates, $7 for graduates and
professionals), the proceeds of which are
appropriated by the Student Legislature
(SL) at its discretion;
the funding of the DTH from this
an editorial by DTH editor Evans Witt in
last Monday's issue.
Opposed to Baker's position is the view
that the general surplus money is
"essential to the operation of all student
organizations for the first weeks of the
semester until student fee revenues are
made available by the University" as
stated in the Witt editorial.
Those who hold this view include
Wayne Thomas, treasurer of the student
body; Marilyn Brock, who resigned her
position as Finance Committee chairman
between the time that SL passed the
amendment and Epps' veto; and Gary
Rendsburg, Brock's replacement as
chairman of the Finance committee.
The funds which organizations such as
the DTH and SG are operating with now
are from the general surplus, but will be
reimbursed as soon as student fee
revenues are made available by the
University.
However, until student fees become
available, this "group feels, campus
organizations need some operating capital
the cash currently being borrowed
from the general surplus.
Treasurer Thomas called the
amendment "absurd" and said he is 150
per cent behind Epps.
Brock called the passage of the
amendment by SL "one of the stupid
moves" of that organization. "It is sad
that people could be so ignorant," she
said.
Epps! first use of his veto power in his
administration automatically brings the
issue back for reconsideration at the
following meeting of SL, according to the
student constitution.
The next meeting of SL will be held
Thursday night, and the DTH has been
assured that forces from both sides of the
argument will be on hand.
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Chapel Hill, North Carolina,
O
student activity fee by appropriations
from SL;
the figures of recent allowances
(including the present budget allocation
of $54,800 for the 1972-73 fiscal year).
that the DTH has "from time to time
published editorials written by the
Editor, columns, and letters to the editor
endorsing or opposing candidates for
political office on and off the campus of
UNC-CH."
that the DTH has "from time to time
published editorials written by the
Editor, columns and letters to the editor
expressing the views of the writers on
subjects of religious, moral, political,
philosophical and ideological nature."
In addition to the request for a delay
of "not less than 20 days following the
decision of the Court of Appeals in the
Joyner (NCCU) case," the reply lists four
additional requests:
that prior to a trial of the DTH issue,
the court hold a hearing on the
defendants' allegations that the plaintiffs
fail to state a claim on which relief can be
granted, or upon "such a motion that the
defendants may file in the meantime"
that the plaintiffs have and recover
nothing of the defendants
that the action be dismissed
that the costs of the action be taxed
against the plaintiffs.
Robert Arrington, David Boone, Gray
Miller and Robert Grady, plaintiffs in the
case, filed the suit in July in U.S. Middle
District Court of Greensboro.
The reply was signed by William R.
Hoke of Jordan, Morris and Hoke of
Raleigh, attorneys for the defendants,
which, in addition to Taylor, Eagles and
Friday, include the UNC Board of
Governors and UNC Trustees.
TODAY: Sunny and
warmer; high in
the low 70s; low
in the low 50s;
probability of precipitation
through tonight.
near zero
s
Weather
.New leash law
Roaming packs of Chapel Hill dogs
cannot roam downtown anymore.
The Chapel Hill Board of Aldermen
voted Monday to require all dogs in the
central business district to be on a leash.
Effective beginning in 1973, the new
dog ordinance will also reduce the time a
stray dog is held in the pound before
disposal to 48 hours and will limit the
number of dogs allowed per household to
four.
A group of citizens had presented the
board with a petition for a citywide leash
law just prior to the dog ordinance
discussion.
Tuesday, October 3, 1972
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Cruising down Franklin Street is part of
a Chapel Hill fireman. A rare species of
When
Abortion
The question of abortion perhaps
one of the most controversial issues of
the decade was not resolved Friday
night, but it was certainly discussed
vigorously.
Dr. Takey Crist, co-author of
"Elephants and Butterflies . . . and
Contraception" defended abortion
against the opposition of Dr. John WiUke,
a noted author and lecturer on the
subject, during a formal debate at the
third session of the statewide Problem
Pregnancy workshop held here this past
weekend.
Crist, father of four and a graduate in
philosophy from UNC, affirmed abortion
as a viable alternative to unwanted
pregnancy, insisting that the fetus is not
human but pre-human.
Willke told the group of social workers
Dog warden Gus Shoffner replied that
he was in favor of a citywide leash law
but that the pound facilities at present
were inadequate to enforce such a law.
In other business, the board heard
recommendations for revisions of the
noise ordinance. Larry Young, legal
advisor for the Chapel Hill police
department, explained that two features
Nin the ordinance caused problems.
One section of the ordinance, he said,
deals with the concept that a noise which
interrupts normal conversation at the
property line of the offender should be
prohibited. This is inappropriate to
Chapel Hill, Young said.
tertt
All Fired Up
a day in the life of
civic workers, the
ife
0Le
debated at conference
and counselors that he is "not
anti-anything, but pro-life." He called
abortion "a new type of violence, not
unlike killing in war or capital
punishment."
."There was a time when survival of the
species forced women to accept
pregnancy," Crist said. "But now we have
overpopulation , to. the extent that . we
generate a city the size of Philadelphia
(two and a half million) every year."
Crist did not advocate abortion as a
means of all-out population control, but
he said all women, rich or poor, should be
allowed to choose it "to free them from
the emotional attachment to others."
Most states have archaic abortion laws,
once made for medical reasons and now
retained because of religious pressures,
Crist said.
enacted
He gave the example of business
establishments on the second story of a
building which play loud music. The
music cannot be heard at the property
line, he said, but can be heard on top of a
hill across town, or in another two-story
building.
Young also reported that 85 to 90 per
cent of the complaints received
concerned noise electronically amplified.
Smith also requested that dogs' barking
should be included in the ordinance.
The board then voted unanimously to
send the matter to the noise committee
and to include Larry Young on the
-- ittee.
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Founded February 23, 1893
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firemen spend their days waiting and waiting . . . See page 3
for Peter Barnes' story. (Staff Photo by Cliff Kolovson)
in?
"I agree with reverence for life, but
quality should be valued above quantity,"
Crist said. "Individuals should have the
right to choose the number of children
they want. Sanctity of life requires
respect for the personal identity, choice
and self-determination of the mother," he
added.
.Willke presented - a series of slides
showing the state of fetuses after various
popular methods of abortion. "It's a
horror story," he said, adding, "I have yet
to find any abortion referral agency
which has given this type of information
to women considering abortion."
Crist associated unwanted pregnancy
with the crime of child beating, showing a
series of slides of children who had been
"battered" by their parents.
"Crist is in error in making this
association," Willke said. He quoted his
own "Handbook on Abortion," saying,
"An unwanted pregnancy in the early
months does not necessarily mean an
unwanted baby after delivery. Dr.
Edward Lenoski (University of Southern
California) has conclusively shown that
90 per cent of battered children were
planned pregnancies."
Willke said it is true rich people can get
an abortion more easily than the poor.
"Perhaps the poor cannot afford all the
heroin they want. Rich people probably
can. Does that mean we would make
heroin available to everyone? Not
everything that money can buy is good,"
Willke said.
In his rebuttal, Crist said conception
does not constitute a citizen with rights,
"but rather a potential citizen with
potential rights."
beg