Newspapers / Daily Tar Heel (Chapel … / Sept. 3, 1974, edition 1 / Page 1
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ft ' ; ' ( i ' j err ,,r'""'-'1' -in in,,,, j,iim !!- ii , ,, B . i A I i 7 ! N.C. Training A O MM bv Kevin MeCarthv - Managing Editor A federal judge's ruling that the University may continue to collect mandatory student fees for support of the Daily Tar Heel will apparently be appealed. Chief Judge Eugene A. Gordon of the U.S. Middle District Court at Greensboro ruled Thursday that subsidizing the DTH did not violate the constitutional rights of UNC students. ' Robert L. Arrington, one of the four original plaintiffs, said Monday, "We have every intent of appealing." " Another plaintiff j George Blackburn, said it's all by Art EJsenstadt Staff Writer Trying to get rid of your old black and white television set? Put an ad in the Seller Door. Or is that the Cellar Door! But that's silly classified ads don't belong in a literary magazine, do they? Confused? The co-editors of the Cellar Door and the publisher of the" Seller, Door are afraid something like the above exchange might occur. So they've' been getting together with the aid of lawyers to decide what to do about the confusing problem without going to court. " The Cellar Door is an undergraduate literary magazine published by the UNC Publications Board. The Seller Door is a tabloid collection of classified ads which has been published since last July by Allen Mayo of Durham. Hugh Stevens, a Raleigh attorney who has advised the Cellar Door, said Monday, "! think that (the problem over names) is something that's fairly easily worked out. It's simply a matter of confusion." Neither Stevens nor the co-editor of the Cellar Door, Steve Givens, anticipates ; having to go to court over the problem. "Well try to settle it out of court if possible." r t V .A I ;-:V.'" w ? V I 4 A Iocs! womsn holds en to hsr cotton Cellar itinij w.liiim, ii.-n"V ajftinjuim-qciin. "iriim rr .ji.irr.... jlmm rr ''mm m n ),I,iil.l ,i j- i mJ u -,- , ..m m n'nm .h.if-i ..hlWrtiuLi )Jt jrh l,,ni...lrrV f it r irr rm j.w ..mi irfi-mr niTmi vmu .n.jtniiM.IJ.jijMjjP Vxm iqiM ,m 4t ti n m ,m i iin,, nrnim..i-,-ffii-.tTi L n., rtriam ..rir p. ft x nWum.wniu - CO and Standards Council Director John Faircloth testifies (right photo) and (left photo) consults with one of his attorneys, Robert Epting of Chspel Hill to if the appeal is denied, "there are all sorts of avenues for us to pursue." Blackburn declined to be more specific. , j The notice of appeal, Arrington said, should be filed within the next few days at the U.S. 4th Circuit Court of Appeals in Richmond, Va. by the plaintiffs attorney, ' Richard Bryan of West Jefferson. ; DTH co-editor Jim Cooper said Monday, "We would like to congratulate Judge Gordon on his wisdom. Naturally, we're disappointed that the plaintiffs seem to insist on pursuing the case: by appealing it to a higher court. Such futile legal proceedings place an unnecessarily heavy financial burden on us, even as we are struggling to go Paper's i financial or Seller? me ?iam Givens said. "We have a copyright by virtue of having copyrighted the first two issues last year." Givens listed three possible solutions to. the problem. The first is for no action to be taken at all, which would displease the Cellar Door. "The confusion-that would come about would be on radio ads, and having our name confused with an advertising publication," Givens said. Another possibility would be for the Seller Door to change its name. Although Givens t said he would prefer this course of action, he., said it would not be fair to the Seller Door,, which has already published under that name. , - "There's no antagonism at all," Givens said, adding that the similarity in names was unintentional. Mayo and his attorney, Thomas B. Anderson of Durham, could not be reached for comment. Stevens anticipates working out a compromise in which the Seller Door would put a disclaimer in its Chapel Hill advertising explaining that the publication has no connection with the Cellar Door. "We've told them we think a disclaimer would be good, and frankly, it would give us free publicity," he said. 1 1 J v '3 A M V V 4-r v Pttota by Pttf Ray candy end popcorn st the Csrrbcro fslr V i Chapel Hilts Morning Newspaper Chspsi Kill, North Cgrs!ln3t Tusscfsy, Ccp!c.T.tcr 3, 1074 ' 4"- support ruled independent. "We are doing our best to free ourselves from student fees, which seems to be the object of the plaintiffs." DTH business manager Murray Pool estimated Monday the suit has cost the paper more than $6,500. Arrington said he did not care to disclose how much the plaintiffs spent on their case or where the money came from. The four original plaintiffs, all former; members of the conservative campus Young Republicans Club, said in the complaint filed July 25, 1 972 that the use of funds from students fees requires them to "financially' support views with which they disagree." ; The suit, filed as a class action on behalf of all UNC students, also complained that (1)' financial support for the DTH "created the possibility of censorship" which "chills exercise of the freedom of the press," and (2) taking editorial positions on political or other matters "constitutes an imposition of an orthodoxy upon the students" at UNC. Gordon said the plaintiffs have legal standing to challenge the use of public funds to subsidize the newspaper butdo not have standing to challenge the University subsidy of the Daily Tar Heel on the grounds that it creates actual or potential censorship of that publication." Judge Gordon also ruled that subsidation of the paper "does not establish an orthodoxy nor impose upon students who disagree with its contents, views expressed therein" Hugh Stevens, one of two defense lawyers for the DTH, said Monday that the 41-page opinion states that the DTH, rather than limiting expression of ideas, offers another outlet for the expression of opinions and dissemination of information about campus activities. The judge noted, Stevens reported, that the DTH offers a broad spectrum of ideas and a wide range of expression not only in its editorial page but also in its news columns. Stevens also said he viewed the ruling as very significant. He said the opinion shows- The skies will be mostly cloudy through Wednesday, with showers and thunder showers through tonight. High today will be In the CDs, low tonight In the 60s, highs Wednesday In the mid 70s and lows Wednesday night in the 60s. The chance of rain is 70 per cent today and tonight. Cooler ABC drops arrested for public intoxication by Jim Roberts Staff Writer Charges have been dropped against two men arrested by armed ABC officers at Town Hall Aug. 17. The men were arrested ; for public intoxication, but according to Town Hall employe James McAlistcr, blood tests taken after the arrest proved negative, so the ABC Board had no choice but to drop the charges. "The arrests Were made only after the ABC men didn't find drugs or a fight," McAlistcr said. "They couldn't find anything wrong,, so, when two guys gave them some lip, rap, they were arrested."'. Town Hall manager Mike Strong said ABC officers did not advise the men of their 'i i J Staff photo by Ttd MWtnik James R. Ladd legal the "role of student government in general and the Daily Tar Heel in particular to be proper and legal." "I've always felt that although it does have some quirks in the way it is circulated and financed, the Daily Tar Heel is really just another newspaper." ' Gordon seems to support that view. The opinion reads: "Obviously, the Daily, Tar Heel's operation is on a par with the other news media, and its concern goes beyond campus news and gossip or service as a public relations medium for the University." Concerning financial independence, Gordon wrote, "Objective and serious.news coverage will ordinarily bring independence of operation." ; He then listed three advantages of independence: "Efficient operations are essential to survival and thus a .better training ground is provided for those interested in news media careers; (2) the paper must gain support of the public and, therefore, those who control the operations are compelled to be more professional; and (3) by reason of the lack of ties with the University, greater acceptance is enjoyed, in that suspicion by subscribers of control is eliminated." jises fflledl to capacity by Henry Farber Staff Writer Public response to Chapel Hill's new bus - system was so overwhelming during the first week of school that long waiting lines clogged up some drivers' routes, town Transportation Director John Pappas said Sunday. Pappas does not regard the standing-, room-only bus loads as a problem, however. "We would be unhappy," he said, "if the bus . system were not operating at capacity." Pappas pointed out that in one week the bus system neared the goal projected for the Christmas break carrying 10,000 passengers per day. Friday was the peak day, he said, when 9,921 people rode the buses. The previous high was 9,436 passengers on Thursday, the first day of classes, which was a jump from Monday's 5,035, Tuesday's 5,730, and 6,406 on Wednesday. The passenger figures promise to go much, higher, Pappas said, as students become used to the system and as the weather1 rights and refused to give the men a sobriety test. After the arrests, Strong paid S50 bail for each man and another $45 each for blood tests. ABC Board law left it up to Strong to prove the men were not drunk. If the men had been convicted of intoxication, Town Hall's management could at worst have had their beer license revoked. If that had happened, McAlister said, Town Hall would have had to close. According to Town Hall doorman Gary Lobraico, the arrests occured after a regular ABC agent came and left An undercover agent also had been in the crowd most of the evening, and when he came back at about 12:30 a.m. he was accompanied by seven y- Tlvs "") TTn i 7 JJ1 JJ jJvUJii UvSCL tate official testifies Morgan pressured him for campaign money by Josl Crinklsy News Editor Another state justice department official testified under oath Friday that he was pressured by former Attorney General Robert Morgan to contribute money to Morgan's U.S. Senate campaign, raising the possibility that Morgan could be prosecuted for perjury. Morgan testified under oath Aug. 9 that he never solicited campaign contributions from anyone in the justice department, in response to James R. Ladd's sworn testimony that he was fired by Morgan for failing to contribute. But John Faircloth, director of the N.C. Criminal Justice Training and Standards Council, said Friday that, as far as he knew, Ladd's charges were substantially correct, and that he, too, had been pressured by Morgan for money. State Personnel Director Al Boyles said Aug. 22 that if a personnel board determined a witness committed perjury while testifying under oath, he could be prosecuted by the courts. F.D. Hauser, chairman of Ladd's board, said after Friday's hearing he could not. predict whether the board would recommend prosecuting anyone for perjury. Morgan could not be reached for comment over the weekend. His campaign office was closed for Labor Day. . - Ladd, v former director of the North Carolina Justice Academy, was fired by Morgan June 3 and has appealed his dismissal to the State Personnel Board. Ladd is a 1969 UNC graduate. His hearing was held in two parts, Aug. 9 and 29. The board is expected to announce its verdict early next week. Morgan was being cross-examined by Ladd's lawyers when the Aug. 9 hearing ended. He said he would be happy to return when the hearing continued. But instead, he sent a letter to the personnel board saying he would be unable. becomes cooler and students abandon their bicycles. Another potential boost to bus usage, Pappas said, should be last Saturday's expiration date for the old parking system. Last year drivers with certain stickers could drive around campus and park in any of a number of parking lots. This year, with the new parking system, those eligible for the S72 dollar stickers can park in only one designated lot and will have to take buses to other parts of campus. Bus passes were included with parking stickers. The expiration of the old passes will also , see further implementation of the "park and ride" system, Pappas said. Off-campus residents can park in either the airport parking lot, which holds 500 cars, or the back lot of University Mall, which has 200 spaces. These people can then ride buses to campus. "Ridership in these two areas has gone up markedly," Pappas said. Pappas emphasized he could predict no specific changes in the system After. charges against two more armed ABC officers. The first man was arrested for being publicly drunk, Lobraico said, and the second man was arrested when he asked the ABC agents what was going on. There have never been more than two agents in Town Hall at one time. Strong said, and he is afraid officials at the state ABC Board may have been involved in the raid. "Half my time is spent enforcing ABC regulations," Strong said. "We have no indication from the ABC that they were dissatisfied with our operations." . "We may have small fights every once in a while," McAlister said, "but because of our large number of" employees we are usually able to do away with any trouble ourselves... Founded Fctmzry 23, 13 to attend. The letter said. MIt has become increasingly apparent to everyone that the real reason for these former justice department employees to pursue these hearings has little or no relevance to reinstating them in their former positions. . "Their allegations are patently spurious and, in my opinion, they are attempting to use the board and the hearings solely as a forum for expressing personal vindictiveness towards me." At his Aug. 9 hearing, Ladd testified he had the following conversation with Morgan in the attorney general's office last May: "1 want to talk to you about loyalty," Ladd said Morgan told him. "I don't think you have been entirely loyal to me. You haven't contributed to my campaign and neither has anyone at the Academy. Now, I've worked my ass off to get you these high salaries, and I haven't seen any of it come back." Morgan denied this conversation took place. Faircloth testified Friday he had a similar conversation with Morgan in May. He said he complained to Morgan that one of his Training and Standards Council employees, John Baker, was so deeply involved in Morgan's campaign that he was neglecting his job. Faircloth said that instead of responding to this complaint, Morgan berated him for not contributing. "After my explanation of the problem with Mr. Baker," Faircloth testified, "Mr. Morgan said he was upset that he went to the General Assembly and got high salaries for some of us in the Department of Justice, and he then had to campaign all by himself we did not contribute, we did not take part, and when someone tried to take part, like Mr. Baker, I apparently did everything I could to keep him from taking part." . "I don't contribute to anyone's campaign," Faircloth said he told Morgan. "I'm a professional law enforcement officer." Please turn to MORGAN, page 2 monitoring it for only one school week. "We're maintaining the situation as any good transit system would," he said. "Changes will be made in due time." r One specific move for the system's future was the ordering of 17 new buses, scheduled to arrive in October or November, They were ordered last March and were expected to be delivered in August, but increased demands for buses spurred by the energy crisis delayed their delivery. Pappas said he does not expect the new buses, four 42-seaters and thirteen 25 seaters, to arrive before mid-November. He said the town tried to get other North Carolina cities to loan his department buses, but was unsuccessful. Town Alderman Gerfy Cohen said Sunday, "If the demand for bus service is greater than the number of seats on the buses, then after November when we get new buses the board will simply have to authorize expansion of the service." He said the town might keep some of the old buses it had expected to sell. . "We get in trouble mainly because of our size and our location. A lot of people in Chapel Hill probably wish that Town Hall wasn't in the middle of town and in plain view." McAlister speculated that pressure from the town could have been one of the reasons for the raid. Neither the county or state ABC Boards could be reached for comment; Town Hall has filed a complaint with the ABC board because of the unwarranted arrests, but McAlister expects little will come from the complaint "We don't want to antagonize the AEC" Strong said, but there's room for abuse cf power and I think it was abused in this case.
Daily Tar Heel (Chapel Hill, N.C.)
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Sept. 3, 1974, edition 1
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