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by Joel CrinkJey
Feature Writer
First ; a series.
On March 22, 1973, James Monroe
Cummings of Clayton was convicted by a
Johnston County jury for the murder of a
Clayton policeman.
Judge Maurice E. Braswell pronounced
Cummings as followed: "...you will be taken
to the place provided for execution by the
Warden or the Deputy warden where you will be
led into the permanent death chamber and
therein caused to inhale lethal gas in sufficient
quantity to cause legal death. And may God have
mercy on your soul.1
Cummings thus became the first man
sentenced to die under North Carolina's new
capital punishment law, a law generally
recognized as the nation's toughest.
Since a state Supreme Court ruling of a year
ago. 22 men have been condemned to death in
the state. This number is more than half the total
number of men convicted in all 50 states.
The new law was the result of a United States
Supreme Court ruling in June, 1972. In this
decision (Furman vs. Georgia), the court ruled
that the death sentence, because it was often
"arbitrarily and capriciously applied," was "cruel
and unusual punishment." and therefore
unconstitutional.
No one has been executed in this country since
1967. and Furman vs. Georgia at first appeared
to be another boon for opponents of capital
punishment. Since the decision, however, the
number of capital convictions in the United
States has increased.
One factor leading to this increase was
President Nixon's interpretation of the court
ruling, announced last March. He said the death
penalty was cruel and unusual punishment only
when it WAS arbitrarily applied and therefore, if
it could be legally made the MANDATORY
punishment for certain crimes, it would no
longer be cruel and unusual.
Two months earlier the North Carolina
Supreme Court came to a similar decision. They
edited a clause from the state law which provided
juries with the opportunity to plead mercy for
convicted capital defendants.
As the law now stands, all convicted first
degree murderers, rapists, arsonists and first
degree burglars who committed their crimes
after the filing of the decision are mandatorily
sent to Raleigh Central Prison for execution in
the gas chamber.
Judge Frank Huskins. in writing the court's
majority opinion, stated that the change was
made to bring the law more in line with current
U.S. laws. Justice William Bobbit. who voted
against the change,' said that by changingthclaw
the court had "... assumed to act in a
legislative rather than a judicial manner."
When they revised the law. the court's
members were not trying to leave North Carolina
with the nation's toughest capital punishment
law. They assumed the law would be'modified by
the state legislature.
It was not. The Senate and the House each
passed separate bills, but could not agree on a
joint one. When the legislature recessed in July,
the law remained unchanged.
Since Cummings was condemned in March,
1973, 21 others have been convicted (13
murderers, two murder rapists, six rapists, and
one first degree burglar, and have been sentenced
to die.
The last of this group, Samuel A. Poole of
Moore county, was condemned to death for an
attempted burglary during which he was scared
away. No one was hurt and nothing was stolen.
He. as well as all the other convicted men. is
appealing.
Most of them are appealing on the grounds
that the present law is still "arbitrary and
ca pricious." Their appeals argue that because the
law sets a date (the date the ruling was filed) alter
which all convicted men will be c xecuted. it is still
arbitrary.
The constitutional validity of this argument
may have to await a decision by the U.S.
Supreme Court.
The court has already ruled o n one such case.
In November it upheld the decision of New
York's high court to strike down the state's
capital punishment law.
New York's law. similar to North Carolina's,
left the death penalty to the discretion of the jury
in every case. New York, as Nort h Carolina had.
found their law to be in conflict with Furman vs.
Georgia and therefore unconstitutional.
However, instead of merely striking the jury
discretion clause as the N.C. court had. New
York abolished the law altogether.
The New York legislature is wo rking on a new
law which would make execution the mandatory
sentence for the murder of a policeman.
Since the Supreme Court's 1972 ruling. 21
states have enacted new death penalties of
various types. None, as yet. has been ruled on by
the high court.
Georgia, whose new law may be acted on by
the Supreme Court soon, provides the death
penalty for a number of crimes. Convicted men
are granted automatic appeal bv the state
supreme court.
In Wyoming death is now mandatory lor all
hired killers and for all first degree murderers
who have previously been convicted of the same
crime.
California held a state-wide referendum in
1972 and found that 68' of the state's voters
favored capital punishment. A limited death
penalty was recently enacted.
Florida has two crimes punishable by death
first degree murder and rape of a girl under 1 1
years of age by a man IX or over.
These new laws have followed a strong
upsurge in national opinion in favor of capital
punishment. In January, a national poll showed
that 5T( of U.S. adults favored the death
penalty. This has led many to speculate that at
least some of the laws were enacted for political
reasons.
Basketball final
UNC 102,
CIrnson 90 -
Details in Friday's DTH
Vol. 82, No. 76
7r1
V I I X 1
81 Years Of Editorial Freedom
Chapel Hill, North Carolina, Thursday, January 10, 1974
Basketball final
UNC 102,
Clemson 90
Details in Friday's DTH
Founded February 23, 1893
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by Janet Langston
Staff Writer
Violators of University traffic regulations
now face stiffer fines as a result of changes in
UNC's traffic policy, which went into effect
with the new year.
A resolution passed by the UNC Board of
Trustees in December allows stricter fines
and strengthens enforcement of University
traffic regulations. The Board also made
provisions for a hearing officer and appeals
committee to handle appeals by persons who
received a citation or whose vehicle was
towed from campus.
Any vehicle violating UNC traffic
regulation may be towed. To recover a
vehicle, the owner must pay the full charge of
towing, the storage fee and the University
fine.
Chancellor N. Ferebee Taylor appointed
Ted W. Marvin, director of campus security
services, to serve as hearing officer. Taylor
said Marvin's selection is "appropriate'' as he
already supervises all departments
concerned with traffic regulation.
An Appeals Committee was also created
to hear any persons dissatisfied with
Marvin's decision.
Adjusted fines for traffice violations are
for:
Disobeying lawful directions from law
enforcement officers $10;
Violating regulations governing staff,
students, student parking permits,
temporary parking permits and motorcycle
rules $5;
Violating any parking restrictions, not
parking in the proper zoned area $2;
Moving violations, disobeying speed
limits or any other violation during vehicle
operation $10;
Using streets as prohibited by the
regulations, in broadcasting advertising
S A Ms may threaten
uropean airliners
J7
United Press International
LONDON Intelligence sources said
Wednesday up to nine Soviet-made SAM
missiles may have been smuggled into
Europe for Palestinian guerrillas who were
reported planning to shoot down civilian
airliners in flight.
Troops and police were maintaining
strong security measures at airports
throughout Europe against the threat of
attack by Arabs terrorists. The shoulder
held missiles were designed by the Soviets to
home in on heat emitted by low-flying
aircraft over a range of three miles.
The sources said countries holding
Palestinians from aborted hijackings and
plots and those with pro-Israeli policies were
the most likely targets. But security
precautions were taken almost everywhere.
In a survey of European capitals, airport
officials at Helsinki were the only ones to
report no extra security measures.
All other capitals reported armed police at
their main airports. In some, these forces
were backed by combat troops with sub
machineguns and armored cars.
from loudspeakers on cars without a
permit $10; and
Violating any regulations governing
parking meters $2.
Violation of the above regulation may
result in a $50 fine or "imprisonment for not
more than 30 days." "
John Temple, Vice Chancellor for
Business and Finance explained that this is
strictly a "legal mechanism" to enforce
violators to pay their fines.
He added that the Town of Chapel Hill
has similar provisions in its rules, and when
adopting its new regulations, UNC thought
it best to do likewise.
To avoid court action and a stiffer fine.
Temple said a person usually could just pay
the fine the first time. Continued violations
may also create a civil violation.
Any traffic violation mentioned in the
amended Article XII, Section I can be
considered a misdemeanor and be tried in
court.
Fines will be collected through the
University, a change from the old policy.
Earlier this fall, the Town of Chapel Hill
determined that to collect tickets issued by
UNC policemen was out of their jurisdiction.
To avoid any future conflict. Chapel Hill
discontinued the service.
Uncollected employee and faculty fines
may be deducted from payroll checks,
according to the revised traffic policy.
Student penalties will be forwarded to the
University Cashier to be collected as are
other student bills.
The General Assembly on May 14, 1973
authorized the University at Chapel Hill
Board of Trustees to adopt "regulations
governing traffic, parking and registration of
motor vehicles" on the UNC campus.
The UNC collection of fines is one of the
steps included in a forthcoming University
traffic revision, but was initiated sooner than
expected" after Chapel Hill discontinued its
service.
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Want to take
a shower?
(Qo outdlo
by Nancy Pate
Staff Writer
And then the rains came...
Monsoon season has arrhed in Chapel
Hill and is apparently here to stay.
"It doesn't look like it's goinu
anywhere." a spokesman for the weather
bureau in Raleigh said Tuesdu
afternoon. He said at least occasional
rain is expected through Sunday.
The Triangle area enjoyed an
exceptionally fair-weather fall. Only a
half-inch of rain fell in No ember. 2
inches below the annual average lor the
month.
University Lake. UNC's water supply,
was down 52 per cent or six feet the last
week in November, forcing the l'niersit
to buy water from Durham.
Now for some good news and bad
news. The good news is that the lake is full .
again. The bad news? Housing -authorities
are still planning to install
new shower heads in two dorms in an
effort to save water.
The new shower heads, already .
installed in some N.C. State dorms, are
supposed to use 50 to 60 per cent less
water. State students have complained
that the water comes out in a sort of fog
that is cold by the time it reaches their
waists and that they are unable to wash
their hair and get it completely clean.
Still every cloud has a silver lining,
even those in Chapel HilL At least now all
you have to do is take your soap outside.
Weather
TODAY: Foggy, rainy and cool. The
high Is expected In the upper EO's.
The low is expected in the upper 30's
to mid 40's. There is a 70 per cent
chance of precipitation today, 40 per
cent tonight.
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UMMg IB&F
by Henry Farber
Staff Writer
APO co-op offers texts
A dhainiee to Ibesit retail price
by r.lallnda Hickman
Staff Writer
If you aren't satisfied with retail textbook
prices, there are only a few days to utilize an
alternative that comes only once a year. The
annual Student Book Co-op, organized and
sponsored by Alpha Phi Omega service
fraternity, is in progress and will run daily
through Monday from 10 a.m. until 6 p.m. in
the Great Hall.
The co-op is an opportunity for not only
sellers but also buyers to beat retail and
buy-back prices. The set-up allows students
to attempt to sell books at their own prices,
and at the same time offers students buying
testbooks a chance to hunt for bargains.
Tc participate in the co-op, the student
first designates his selling price. If the book is
sold, APO receives 10 per cent of the selling
price and the seller gets the rest. For
example, if a student gives his price as $4 and
the book is sold, APO will get 40 cents and
the seller will get $3.60. All unsold books are
returned to their owners.
A spot check of some commonly used
textbooks showed a wide range in prices on
most books. All prices were favorable when
compared to Student Stores' prices for new
books, but many were on a par with used
book prices.
One of the better bargains was Basic
Botany, used in Botany II. Co-op prices
ranged from $3 to $9. At Student Stores, no
used copies were displayed and new books
were $12.05. Economics by Samuelson, an
economics 31 text, went from $2.50 to $10 at
the co-op, compared to $8.65 for used and
$1 1.50 for new at Student Stores.
A few other comparisons were: Physical
Geology (Geol II), $8-$9.50 at the co-op,
$9.70 used and $ 1 2.90 new at Student Stores;
Chemical Principles' by Masterson (Chem
1 1), $6-$ 10.50 at the co-op, $9.55 and $1 2.75
at Student Stores; Calculus and Analytic
Geometry (several math courses), $8-$ 13,
$11.20 and $14.95 at Student Stores; The
Politics of American Democracy (Poli Sci
41), $5-$8.50, $7.45 and $9.95 at Student
Stores; and the Borzoi College Reader (Eng
1 & 2), $l-$5, $4.45 and $5.95 at Student
Stores.
A representative from Barnes and Noble,
a New York firm that buys back texts for
general distribution, confirmed that their
maxiumum payment for a book is half its
original retail price. Price depends almost
entirely on demand. Out-of-print books and
other books with no demand are not bought
at all. The buy-back price on paperbacks is
very low, especially for non-textbooks
(novels, etc.).
The advantages of Jthe co-op are obvious,
but it also has its share of disadvantages. One
is the selection of books. Lower-level,
General College, required and popular
courses' textbooks are usually easy to find.
Books for higher level and for-majors-only
courses are harder to come by, since people
generally keep books from their major
courses.
There is also no guarantee that a book will
ii
be sold. Even if there is a good demand for it.
a higher priced book may lose out to its
lower priced competitor and be left on the
shelf when the demand is filled.
One student who said he had been buying
and selling at the co-op for three years said
he had had "hellacious luck" both ways.
Another commented that last year, when he
was offered only $2.25 on buy-back for three
books, he took them to the co-op and sold
one for $3.50. He brought a boxload of at
least 20 books to this year's co-op.
This is the eighth year for the APO
sponsoied event. The project has brought in
as much as $1,800 profit for APO. The
money goes to the Student Aid Office and is
earmarked for certain scholarships as well as
a Foreign. Student Emergency Fund.
APO will be accepting books until
Saturday with sale of books continuing
through Monday. Money and unsold books
can be picked up Tuesday in the Great Hall,
and for 30 days thereafter at the APO Office
in Smith Building. .
The chairman of the Chapel Hill Housing Authority and another senior member
of the housing board formally resigned Wednesday as an investigation began
concerning charges of misuse of funds and administrative problems in the town's
housing program. .
Chairman Edwin Caldwell Sr. and J.S. Bennett resigned, saying they felt housing
needs are no longer being met since the merger of the former Housing Authority and
the Redevelopment Commission.
Another commissioner. Ivan Hill, resigned Monday due to business
commitments in a letter to Mayor Howard Lee.
Caldwell, a 10-year veteran of the Housing Authority, expressed frustration with
the performance of the new board. He criticized board officials for being overly
concerned with their cwn salaries.
Bennett, also discouraged with the merger, said. "We've discussed budgets,
salaries and procedures, but not a darn thing about housing." He complained that
the Housing Authority's personnel budget of S 160.000 seemed excessive since the
town has only 156 publ'ic housing units.
A full investigation concerning administrative problems and misuse of funds was
requested by Lee due to certain alleged irregularities brought to the attention of the
mayor by an ad hoc committee of the Housing Authority.
Specific allegations include questionnable procedures in bookkeeping and check
writing, excessively high telephone bills and travel expenses and an unidentified
employe's request toborr ow money. All of these charges refer to Housing Authority;
action since the housing merger. :
In a press conference Wednesday, Lee said he would not name specific people in
reference to the charges "until I have evidence to support the allegations.
"There is nothing to ind icate criminal charges can brought about at this point."
he said.
The mayor expressed renewed optimism about the housing authority merger
when he said, "It is the way to go, the most economical process for the community.
We have administrative problems to work out." he said.
Lee said he is responsible for appointing replacements for the board members
who resigned and that he would abide by mayoral policy in involving the Board of
Aldermen in the appointments.