Chapel Hill's Morning Newspaper
Vol. 83, No. 84
Chepel HH1, North Csrollna,Tuesday, January 21, 1975
roundsd February 23, 1S33
SjWWsjI'sm . j ! r r r j 1 1 ii irTmnnuii inniiij wi ijwjiji ui j i n mmjM).9X i n. i mmmmmma
z CoaMnoini cm Mack
f1 r . .
1 x 'mr k nn r . v-w
ifl r- - " Tl A. 1
NAACP local president Robert Kelley reveals demonstration plans Monday
"Fiscal .plans aired.
by Eliot Brenner .
United Press International
RALEIGH Gov. James E. Holshouser
jr. Monday night unveiled an economic-
legislative-budget proposal which included
by Andy Sidden
Foxcroft Apartments is in violation of a
town zoning ordinance and could lose its'
special use permit, a zoning official said
"Any retail selling of food items out
there," planning and zoning administrator
Art Berger said, "whether to the public or to
the tenants is a violation."
Beer, steaks, hamburgers, and hot dogs
are being sold in the apartment's clubhouse.
In addition, band parties, where beer was
sold to the public, have also been held.
Town Manager Chet Kendzior said the
selling was definitely a violation since the
apartments are located in a single-family
residential zone. The special use permit
which allowed the apartments to be built in
the zone, he said, would be revoked if this
Building inspector John Davis said he felt
Daniel Vogel, owner-builder of the
apartments, would comply with the
ordinance and stop the selling.
Vogel said, however, that Foxcroft was
only' inviting the Chapel Hill residents to see
what the complex has to offer, and he felt
this has not violated any zoning ordinance.
"They could take steps to get the permit
modified and have a restaurant or country
club like facility for their tenants," Berger
Getting this modification, however, would
not be easy, Berger said, because the Board
of Aldermen has already considered
' revoking Foxcroft's special use permit for
failing to build a second access road.
Vogel began providing social
entertainment to increase rentals with an
hors d'oeuvre party on Thursday nights.
Last summer poolside parties were held
with live entertainment as promotional
The weekend band parties were the first
social activities open to the public. They
were also the first where beer was sold.
Details page 2
5 1 'f
jtwuiwn' in "
Staff photo by Peter Ray
repeal of the state sales tax on food in 1976
and quicker benefit checks for North
In his third State-of-therState address
before a joint session "of the General
Assembly, Holshouser also urged repeaf of a
ban on below-cost milk sales and asked
legislative approval for more staff for the
State Utilities Commission, charged with
regulating utility firms.
"Our first concern in 1975 has to be a
concern for the pocketbooks of our people,"
Holshouser said in his televised address.
Holshouser, a Republican, placed his
proposals before a General Assembly where
Democrats hold 160 of the 170 seats, and
also said he preferred some cuts in road
construction and maintenance to rising
gasoline taxes, wanted expansion of the
state's kindergarten, exceptional children,
rural health and mental health programs and
urged approval of a budget item to match
federal funds for capital costs for local bus
In addition he urged that a one-semester
course on economics be taught across the
state at the high school level.
"Those who have become part of our
unemployment statistics want to know that
we are going to help them keep body, soul
and family together until they get back to
work," Holshouser said.
by Mike Reinsilber
United Press International
WASHINGTON Sens. Henry M.
Jackson, D-Wash., and Edward M.
Kennedy, D-Mass., announced Monday
they will try to prevent President Ford from
imposing a tariff on imported oil or
removing price controls on domestic oil.
The tariff and decontrol plans are key
parts of Ford's new energy conservation
program. Federal Energy Administration
officials predict they will raise gasoline prices
by 5.9 cents a gallon.
Jackson and Kennedy told a news
conference that House Democratic Leader
Thomas P. O'Neill Jr. would join the effort
to block Ford from carrying out his
announced plans for 60 days so Congress can
consider alternative measures.
Under the Jackson-Kennedy resolution,
either house .of Congress would be
empowered to veto by majority vote either,
the tariff increase or the decontrol action, or
The senators said they had enough
support to override a veto of their resolution. .
They said the measure would come up for a
Senate vote this week.
Rep. Al Ullman, D-Ore., incoming
chairman of the House Ways and Means
Committee, said it would be "almost
impossible" to pass Ford's energy tax
proposals because they amount to an "unfair
way of applying a tax on energy." Sources
at the White House said Ford was preparing
to issue a proclamation this week imposing
the new tariff despite strong Democratic
tf 1 n I'nnnrnfinfifni,.!,,, -
by Kevin McCarthy
The local chapter of the National
Association for the Advancement of
Colored People (NAACP) and the Black
Student Movement (BSM) will picket a
dinner honoring former Sen. Sam Ervin Jr.
at 6:30 p.m. Wednesday at the Carolina Inn.
During a news conference Monday, local
NAACP president Robert Kelley said "The
same elements will be involved in this
demonstration" that booed and shouted at '
David Duke, national information director
also raises protest
by Kevin McCarthy
Former Sen. Sam Ervin's appearance this
spring as a visiting professor has raised a
storm of protest from the local chapter of the
National Association for the Advancement
of Colored People (NAACP).
Chapter president Robert Kelley said he
met Monday with Chancellor N. Ferebee
Taylor to express his dismay at the
University for inviting Ervin to lecture here.
The senator is scheduled to begin teaching
a week of classes in law and political science
beginning March 31.
"I did ask him (Taylor) to clarify Ervin's
position on civil rights," Kelley said. Ervin's
voting record was "one of the most racist in
Congress," he said Monday at a news
conference. ; .
The chancellor is obligated to clarify
Ervin's stand' on t civil rights, Kelley said,
since the senator will be asked to speak on
such related subjects as the Constitution,
"public law and individual rights.
"The Chancellor has possibly recognized
that he has stepped on a bad egg, and that if
he had looked into Ervin's record on civil
rights he might not have invited him."
Taylor said, "1 told him (Kelley) that Sen.
Ervin had been invited to come this spring.
by Ed Rogers
United Press International
WASHINGTON The FBI disclosed
Monday its files contain information on the
personal lives of congressmen, including
reports on their "loyalty, character and
A spokesman said the FBI does not
compile such information into actual
dossiers on individual members of Congress.
But he said the bureau maintains a cross
reference index card file showing each time a
congressman is mentioned in any
The tariff would be $1 per barrel Feb. 1,
rising to $2 M arch 1 . It would rise to $3 April
1 if by then Congress had not enacted an
excise tax Ford proposed of $2 per barrel on
all oil the 12.5 million barrels of domestic
oil and 6.5 million of imported oil that the
country consumes every day.
Kennedy said he understood Govs. Hugh
Carey of New York, Reubin Askew of
Florida and Michael Dukakis of
Massachusetts were planning to sue to block
the tariff. He said they would argue the 1974
trade law required the administration to
hold hearings and issue a finding that the
national security compelled the imposition
of a tariff before Ford could act.
However, a Washington lawyer who
looked into the matter on behalf of critics
expressed doubt that the courts would block
a tariff. The 1974 act .calls for hearings "if
appropriate" and Ford need merely to
declare them inappropriate, he said.
Kennedy said he would prefer closing
gasoline stations one day a week and
imposing an absolute limit on how much oil
could be imported for making gasoline.
Jackson said he favored import limits and
presidentially imposed gasoline rationing as ,
Ullman said on the CBS Morning News
that rationing, while "a tough bullet to bite"
is still going to be "the ultimate objective and
the thing we're going to have to do."
Sen. Jacob K. Javits, R-N.Y., in a speech
prepared for delivery in the Senate today,
opposed Ford's tariff and decontrol plans
and called for a"crash" effort to develop new
of the Knights of the Ku Klux Klan, Jan. 16,
in Memorial Hall.
Speaking for campus blacks, Kelley said,'
"We have tried to be moderate in the past few
years, but it hasn't worked. The temperature
is going to be stepped up."
The NAACP-BSM coalition, which also ,
includes other groups Kelly declined to
identify, is organizing the new movement.
The purpose of the protest, he said, is to
inform the banquet guests and University
community about Ervin's civil rights voting
record, which he denounced as "once of the
s spring visit
because of his substantial involvement in
matters relating to the presidency and the
congress going back to the' dispute between
president and congress over the presidential
impoundment of congressional
appropriations, and continuing through the
Watergate episode and the events
surrounding the resignation of Richard
"We had a pleasant conversation, and 1
thank Mr. Kelley for expressing the views of
the executive committee of the NAACP."
Asked if he meant that Ervin would not be
allowed to speak on civil rights issues, the
chancellor replied, "It has not yet been
determined what courses the senator will
participate in, and the nature and extent of
his participation will be worked out with
regular instructors of courses he will be
taking part in."
Kelley accused Taylor of ignorance of
Ervin's past record "except for the last year
. "Quite honestly, w Kelly . said Taylor
told him, " 'I have not even bothered to look
into Senator Ervin's record. "
Responding to these charges, Taylor said,
"I don't purport to know in detail what the
senator's record was. I'm busy with my work.
1 just don't know the records of 100 persons
in the Senate."
If the FBI ever wants to find information
about a particular member of Congress, the
spokesman said, it would use the index card
system to locate the various files containing,
references to that individual.
The bureau's disclosure followed a
Washington Post report Sunday that the
FBI under the late director J.Edgar Hoover
compiled files on congressmen, including
reports on their drinking habits and illicit
The newspaper quoted former Hoover
aides as saying the information was neither
obtained by direct surveillance nor kept for
t ,ssx ,
r;: t Y 'r - v -
U ---JIII ii mrri iiiiiinujiimiiiiiiii' i i r r i i j nr -a r r -1 in n i ii .ur.iu .ji.juu Luaj-i- ii.-1.tii- i mn n i "inr-f-mimiii-" ....-.-a..
Stns. Ted Ktnnsdy (I) end Hsnry ssk$bn (r) ct a Cun&sy nsrt cos-fsixrica!
most racist records in Congress. I
"Sam is worse than the Duke; his record is
worse than the Duke, let's face it.
In a news release, Kelley reported the
senator voted against 20 human rights bills,
including the Civil Rights Acts of 1964,
Equal Rights Amendment, Headstart,
Model Cities and the Voting Rights Act;
Ervin will receive the North Carolina
Public Service Award at the Wednesday
night banquet, the proceeds of which will go
to the North Carolina , chapter of he
National Cystic Fibrosis Research
Foundation. Past recipients include Gov.
Robert W. Scott and the late Sen. B. Everett
After learning of the protest Monday,
Ervin commented, "I don't care whether
people demonstrate or not, but if they want
to do some good, they could contribute to a
very good cause to help cure a dreadful
Although he could not guarantee that
'the . demonstrators would not become
disruptive, Kelley said he "called upon them
to use restraint." j
Student Body President Marcus Williams
said Monday, "I think the Duke thing was a
unique situation and I don't forsee any
recurrences." He added that "Student
Government apparatus is prepared to deal"
with any such situation but refused to clarify
his statement. j
Kelley said the BSM voted in executive
session Sunday night to participate in the
demonstration which he said may involve as
many as 250 blacks. j
While the purpose of the protest is to
inform the guests of Ervin's voting record,
Kelley admitted in a telephone interview
Monday that all 250 prjajtestors would not be
handing out information, but declined to say
exactly what they would be doing.
The NAACP president also said he asked
Duke University President Terry Sanford,
honorary chairman of the banquet, to allow
him-to read Ervin's voting record.before.the
guests "so they could have "a better
perspective as to what his record was, who
they were honoring and for what."
He said Sanford told him the award
soceity had asked Sanford to "use his name
as honorary chairman for this affair and that
Reports of the files triggered a sharp
reaction on Capitol Hill.
The spokesman for the bureau, asked
. what might be found by someone using the
cross-index system, replied that the FBI
saves any information volunteered to agents
or received by letter from informants
concerning a person's "loyalty, character
He said the cross-reference index contains
entries op any person about whom such
information is obtained. The names of
members of Congress; he said, are mingled
with all the others.
The spokesman said the information is put
he said, 'Yes, they could, but that he had no
idea who was to be honored."
"When I asked him was he going to attend,
he hedged on the fact that he was there to
honor Sam Ervin. He said 'My name is being
used as honorary chairman but that doesn't
mean I'm there to honor Sam Ervin. "
"I was totally misquoted," Sanford said
Monday, his voice rising in anger. "I am
delighted to be part of the program to honor
He said he thought Kelley's request to read
Ervin's record at the banquet was ridiculous
and that "of course, 1 knew who the banquet
"If they want to have a dinner berating
Senator Ervin, they could have one."
Kelly said he planned to apply to the
Chapel Hill Police Department for a permit
to picket, but added that he hoped the permit
would not place too many restrictions on the
Chapel Hill Police Chief William Blake
said Monday that no permit to picket is
required but that a town ordinance requires
that protestors remain in single-file, not less
than 10 feet apart, carry signs not more than
2 feet square and keep entrances clear.
Violations are punishable by 30 days in jail
or a $50 fine.
Blake said there might be a problem since
it would be difficult for 250 protestors to
keep in single-file and abide by the 10-foot
Since the Carolina Inn is part of
University property, he said the campus
police would handle the situation unless the
University requested aid from the Chapel
Campus police spokesman Ted Marvin
said, "We're in the process right now of
checking out the University's position on the
protest through legal counsel."
During the press conference, Kelley
described the protest as symptomatic of a
general frustration with the University
' administration, which refuses to ' hire an
independent affirmative action officer but
has "the funds to hire Sam Ervin" as a
Ervin is scheduled to speak to law and
political science classes this spring.
in the file of the investigation that produced
it even though it might not be relevant to that
Such material, the spokesman said, is
never used unless the person to whom the
references apply becomes the subject of an
investigation himself. Should that happen,
he said, the cross-reference index gives the
FBI a head start.
The spokesman said an investigation
involving the congressional material might
result from a member of Congress being
nominated for a position such as a Cabinet
level job which requires an FBI check.
A file is then created on the congressman
himself for what is called a "background"
The spokesman also noted that members
of Congress sometimes also become the
subjects of criminal investigations.
The spokesman stressed that the cross
reference index is not a "secret" record. He
said although the public cannot use it, the
system is available to all FBI agents who '
need to use it in the course of their official
for Lt. Gov.
If Chapel Hill Mayor Howard Lee decides
to run for lieutenant governor in 1976, he
will find that he already has some
Citizens For Lee has been formed to foster
Lee's car.Jidacy and to provide a means to
determine whether his campaign is feasible,
Gretchen Dunn, a local lawyer and treasurer
.of the organization, said.
Organization of the committee was
formally announced Monday but Dunn said
it has been in the planning stages for several
The committee wants to raise money in
small amounts from as many people as
possible to finance a statewide poll to
investigate Lee's chances in 1976, Dunn said.
There has been "some indication of support
(for the mayor) and we want to see how deep
it is," she said.
Citizens for Lee has been listed as a
political committee in accordance with the
Campaign Reporting Act, which was ratified
in April, 1974. The organization's address is
P.O. Box 1414, Raleigh, N.C. 27602.