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Chapel Hilts Morning Newspaper
Chepel HI!!, North Carolina, Thursday, Februsry 20, 1975
Vol. 83, No. 1C3
Found -d Februsry 23, 1C33
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by Kevin McCarthy
Staff Writer
The closed trial of Algenon Marbley,
Black Student Movement (BSM) Chairman;
for alleged disruption of the David Duke
speech Jan. 16 in Memorial Hall was
postponed at 3 a.m. Wednesday after the
Undergraduate Court denied four motions
to dismiss the case.
. Student Attorney General Nita Mitchell
said Wednesday she would decide by Friday
or Saturday when to reschedule the trial but
said, "It would probably have to be after
spring break." ;"
Marbley's counsel Andromeda
Monfo'e, D. Lester Diggs and Leonard Lee
released Wednesday the details of the
motions to dismiss in a statement prepared
after consulting Marbley, but refused to
answer any questions about it.
Diggs cited four grounds for dismissal
udel gets
student ' complam ts
by George Bacso
Staff Writer
Students aired some of their housing
grievances Tuesday night when an informal
panel led by Dr. James D. Condie, director
of University Housing, was held in the
Union.
A question-and-answer session, which
followed brief speeches by University
administrators, was attended by about 40
students. The program was coordinated by
the Current Affairs Committee of the Union.
During the first hour of the meeting, panel
members discussed their positions and duties
and - attempted to e x p tti "the
incompatibilities the housing department
must deal with."
"The university is a large, complex
organization, with different goals . . .some
of which conflict with others. I think this is
inevitable and I think it is healthy," Cansler
said.
In light of recent housing controversies,
Condie based his explanation for Housing's
recent decisions on economics. Since
University Housing can not receive state
funds and therefore is entirely self
supporting, Condie said it must be
concerned not only with responding to
student demands but meeting its budget.
"If you are concerned with having room
rents low and you are also self-supporting,
you have an incompatible situation.
Therefore, when you have vacancies, you
must make up for them through some other
means of revenue," Condie. said.
Condie said a major problem is that the.
University accepts freshmen without taking
into account how many residence hall spaces
are vacant, although it requires all freshmen
to live on campus.
Cansler also cited economics as a
problem. "Nothing comes free every
service offered students must be paid for and
the only question is who will do that. The
fundamental assumption is that somebody
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"The charge against Marbley, as
specified on his summons to court, was not a
violation of the Instrument" (of Student
Judicial Governance);
"No. II, Section F of the Instrument
assigns to the Chancellor only, jurisdiction
over matters T dealing with disruptive
conduct;"
"James Arthur Pope, who initiated the
suit against Marbley, is not a legitimate
accuser," .
"Because the procedure for determining
the court make-up was not conducted in the
manner prescribed by the Instrument, and
because this activity violated Marbley's right
as a defendant, jurisdiction could not apply
to this case." - -
Court Chairman Charley Atkins said the
defense's statement Wednesday concerning
the motions was substantially correct. All
motions were denied as unfounded, he
added.
will have to pay."
Regarding spring room sign-ups, Condie
said, "We will hopefully announce rates
. before spring break, and if not, we will
absolutely announce them when you get
back.
Condie only touched briefly on his recent
decision to house international students in
Ruffin dorm.
"We've gotten a plan from the University
Planning Department, but we sent it back."
Condie said the plan called for the
construction of a ramp at the north end of
the dorm, and renovations ranging from
renovating bathrooms to widening doors.
The plan would have cost $22,000.
The only other main area touched upon
1 was dormitory, consolidation. After
reiterating points which he had made
' previously, Condie outlined the future of
consolidation (requiring students whose
roommates have left to move in with each
other.)
"Pm hearing from people now, and I'm
ready to believe, that we can make it so
consolidation does not have to occur if the
situation is no fault of the person left in the
room," Condie said.
"I'm willing to accept room rent increase
as an answer to this problem."
treaker hits meeting;" throws pie at
by George Bacso
Staff Writer
UNC's first streaker of the year dashed
into a housing gripe session Tuesday night,
uttered the words, "nothing personal," and
hurled . a lemon meringue pie at James
Condie, Director of University Housing.
The pie glanced off Condie's head and
shoulders. The naked student ran from the
room unapprehended. Condie said "excuse
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Staff photo by Itertha
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A fifth motion to disqualify a court
member, he said, was also denied at the four
hour trial. .
The sixth motion to postpone the trial
was granted, but Diggs refused to say on
what grounds it was accepted. Mitchell said
Wednesday that, to her knowledge, this was
the first time a trial was postponed "once a
case got to court."
In the release, Diggs also stated that
Marbley will file suits against attorney
general staff officials "for the delinquent
manner in which they have conducted
Marbley's trial." Diggs refused to clarify
how the officials were delinquent or to
identify them. Mitchell could not be reached
for comment at deadline.
Diggs also contended that Pope's decision
to initiate-a suit against Marbley "can only
be described as political and unfounded."
"Consequently, the BSM is prepared to
deal with Marbley's trial in a manner that is
politically expedient and direct." Diggs
would not explain this statement. '
Pope said Wednesday, "1 believe my
charges are very well founded and were
motivated by a sense of justice and not
politics.
"I think it is up to the student honor court
to decide if the charges are just and not the
BSM."
Pope reiterated that he is a "member of no
student groups on the Carolina campus or
part of any religious organization."
. He added that he had not, in any way,
been intimidated by the BSM and had felt
only boredom at Tuesday's lengthy trial.
The Marbley case is the first tried under
the disruptions clause since it was
incorporated on Oct. 2, 1974 into the
Instrument of Student Judicial Governance,
dean of student affairs Donald A. Boulton
said Wednesday.
The UNC Board of Trustees wrote the
policy in 1969, during the period of campus
unrest, James O. Cansler, associate dean of
student affairs, said Wednesday.
r- "To my knowledge" he said, "there never ;
was a case formally tried" under the policy
when it was under the jurisdiction of the
trustees."
A court of four blacks and three whites
heard the motions. Under the Instrument,
Marbley has the right as a minority student
to request a minority jury.
Since the new trial will probably not take
place until after spring break and, thus, after
the campus elections, the composition of the
jury may change, Mitchell said Wednesday.
Twenty-eight court members will be elected
Feb. 26, and 14 more appointed after the
election. '
me," picked up his splattered briefcase, and
left. The forty people in rooms 202-204 of the
Union sat in stunned silence.
"Nobody laughed it was like an
assassination," one observer said afterwards.
After the meeting, the Daily Tar Heel
caught up with Condie's slapstick assailant,
CB Gaines, a UNC senior.
"I was just sort of in the mood for that type
of thing and he seemed the most likely
candidate," Gaines said.
"Basically,! did it because of Dr. Condie's
Just what does
FTC considers banning certain
by Greg Porter
Staff Writer
If you've seen Euell Gibbons endorse grape-nut
cereal "as good as wild hickory nuts"; if you've seen
Mother Nature peddling margarine; or if you've seen
the animated maiden who shampoos with the essence
of herbs, then you know how powerful the "natural"
appeal is in major-league advertising.
But some food producers are riding the "natural"
wave to higher profits and leaving the consumer on the
rocks.
One national magazine reported the case of a bogus
"organic lettuce" grocer who, running out of his
product, bought regular lettuce at an establishment
across the street, carried it bacR to his own store, and
then sold it an at inflated "organic" price.
The owner of Wildflower Kitchen, a local natural
foods restaurant, said she feels food companies are just
stamping "natural" and "organic" on their products
indiscriminately in order to capitalize on this lucrative
sales angle.
In fact, the Federal Trade Commission (FTC) takes
the problem so seriously it is now entertaining a
proposal that would prohibit any use of the words
"organic" or "natural," or reasonable facsimiles
thereof, in food advertising.
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Staff photo by Charles Hardy
Algenon Marbley exchanges a few words Tuesday with prosecutor Larry Larson
Local vote avoided.
Charter goes to Raleigh
by Mike Home
Staff Writer
The Board of Aldermen decided
Tuesday to send the total package of
Town Charter revisions to the state
legislature for approval.
r .:. By going straight to the General.
"Assembly, the board bypassed the"
option of calling a local referendum to
incorporate the proposals into the
charter. The earliest time for a
referendum would be this summer when
xmost students would not be in town.
Alderman Gerry Cohen had earlier
suggested that the board ask the
legislature for permission to delay the
referendum until the November election
so students could vote.
Some of the board members were also
disappointed in the lack of public
general inaccessibility to be reached in every
way. He screwed students in second floor
Winston, Mclver and Carr last year and he's
screwing them in Ruffin and in James this
year. Since he's been here, it's been nothing
but one big-screw job."
Gaines said he wanted to let Condie know
how he felt about him, and he said he did not
think his actions represented a singular
emotion, but one shared by many others.
. Gaines made it clear, however, that he
represented no group and did not want to be
Lillian Woo, North Carolina's leading consumer
advocate, said that instead of banning the words
altogether, the FTC ought to define them in a narrow
sense and then prosecute for fraudulent usage.
"I've often been offended by other vague words like
"flavoring" that are used in labelling," she said. "But
the thrust of the FTC's efforts should be at letting
people know what's in their food. The FTC needs to be
aiming at problems in food marketing that are
dangerous to the health of the consumer.
"They let cyclamates stay on the market for 20 years
while they decided what to do," she added, "and that's
a lot more important than inane little words. That's
why 1 call them the Federal Trade Omission they
need to apply themselves to really important
problems."
The FTC has reached what its staff considers an
impasse in seeking a viable definition of the words,
particularly "natural." They say there is more hope for
a workable, enforceable definition for "organic."
The FTC proposal states, "An advertisement may
represent that a food does not contain any artificial or
synthetic ingredients . . . ; that a food has not been
grown with or subjected to pesticides or artificial
fertilizers or artificial conditioners, if that is a fact."
Marsha Coen of the national Consumer's Union
says she can envision "pesticide-free" as the slogan of
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concern throughout1 the Charter
Commission's 18 months of
deliberations. Only six citizens attended
the January public hearing on the
charter revisions.
The rewritten Town Charter includes
four major changes:
-hfz. expanding the board from sjx.. to
eight members;
permitting the mayor to vote on all
board issues, rather than just to break a
tie vote;
lengthening the mayor's term from
two to four years;
limiting the mayor to two
consecutive four-year terms.
The revised charter also replaces, the
aldermen and separate mayor with a
"governing board," to include the
mayor.
associated with or undermine the efforts of
anyone currently criticizing the housing
department.
"1 tried to be fair and wait until the
students could get their questions answered.
But after half an hour of waiting, I saw
Condie really wasn't answering anyone's
questions, so I did it," he said.
Contacted at his . home Wednesday.
Condie refused to comment on the incident,
but would not rule out the possibility that the
action was planned by a particular group.
'organic'-
Out-of-state
cut to be
introduced
by Greg Nye
Staff Writer
A bill that would reduce the number of
out-of-state students in North Carolina's
universities will be introduced in the General
Assembly this session.
State Sen. George W. Marion Jr.. I
Surry, is preparing the bill to limit out-of-state
students in UNCs undergraduate and
graduate schools.
Marion said he will introduce the bill in
answer to a growing number of complaints
from North Carolina parents. "I've heard
from people who have tried to get their
children in the University, but couldn't
because the schools were full," Marion said.
But administration officials believe the
bill, if passed, could have harmful effects for
U NC's 1 6 campuses. "The graduate program
here simply could not draw enough top
people from the in-state population."
University Registrar Lelian Y. Lehman said
Tuesday.
"Students from North Carolina are just as
intelligent as those from any other state."
Marion said in an interview Wednesday.
This fall at UNC-CH, 17 per cent of the
undergraduates and nearly 50 per cent of the
graduate students were from out-ol -state.
Current law permits only 1 5 per cent of the
student population in North Carolina's
universities from out-of-state.
Out-of-state enrollment is considerably
higher than this 15 per cent figure because
out-of-state residents who are children of
UNC alumni are considered to be in-state
residents.
"In-state students should be taken in
first," Marion said. "Although out-of-state
students double the tuition, its only a drop in
the bucket when compared to the state's
expenditure per pupil."
Marion also wants the 15 per cent figure
reduced. "I've sent out letters to state
. universities, and I'm checking with other
states to see what their policy is," Marion
said. "But 15 per cent of out-of-state students
is top high if in-state students are waiting to
get in." . . - w-: -- .
But Harvey Zelon. president of the
Graduate and Perfessional Student
Federation, believes the percentage of out-of-state
students should not be reduced.
"One of the best things about graduate
education is the diversity of the students,"
Zelon said.
Chancellor N. Ferebee Taylor declined
mment on the bill until he could talk with
Marion. Raymond H. Dawson, vice
president for academic affairs for UNC.
could not be reached for comment
Wednesday.
Condie
such as those involved in disputes over
consolidation at James.
James O. Cansler, associate dean of
student affairs and a member of the housing
panel, called the incident "an unfortunate
occurrence."
"I think it was a very good meeting, and
it's a shame it had to be denegrated by that
process," Cansler said.
Werner agreed and said. "It's unfair for
one'person to have the power to terminate a
whole dialogue."
meani
words
the day if the proposal is enacted.
Strong opposition to the FTC proposal has come
from Irvin Mann Jr., director of the Oregon State
Department of Agriculture. Mann has already
established what he feels is a workable definition for
"organic," now being used in Oregon.
"Organic farmers are organizing and policing
themselves and certifying themselves" Mann said.
"They are doing this on a very realistic basis. The
certification can easily be checked without abnormal
expenditures.
"The Oregon approach is probably far from perfect,
but it is an attempt to deal with a widespread attitude
on the part of a lot of Americans. This is what I think
government is supposed to do to be responsive."
Mann echoes the sentiments of Conrad Williford,
manager of Raleigh's General Nutrition Center, who,
says, "Organic food does exist and it's unfair to those
who grow it to ban the words natural' andorganic
"All terms are relative," he said. "Attempts must be
made to set up regulatory bodies to make sure 'organic
food really is organic."
Jerome Goldstein of Organic Garden and Farming
opposes the ban on "organic" and "natural" because he
thinks it would discourage the trend toward natural
methods of production necessary if "economics,
ecology and energy can somehow be harmonized."