Clear, cold
The weather today will
be clear and cold.
There is no chance of
rain. The low last night
Jipped to 15, and the
high today will reach
38.
All aboard
A UNC grad student
quit school last year to
play with electric trains
full-time he opened a
Lionel dealership in
Carrboro. See story on
page 4.
Please call us: 933-0245
Serving the students and the University community since 1893
Wednesday, December 1, 1976, Chapel Hill, North Carolina
Volume No. 84, Issue No. 68
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Ste wart
by Tony Gunn
Staff Writer
David M. Stewart, assistant professor of
geology, was denied tenure last week by the
UNC Department of Geology. Stewart said
Tuesday he will appeal the decision.
A majority of the professors in the geology
department voted not to renew Stewart's
contract. H is present contract expires in one-and-one-half
years.
Stewart was notified of the decision Nov.
23 by Roy L. Ingram, chairperson of the
Department of Geology, who approved the
professors ruling. Stewart formally
requested the reasons for the decision, which
the department does not have to disclose
unless asked.
"Then they don't have to tell you any more
than you have to know," Stewart said.
According to a letter from Ingram,
Stewart was denied tenure for three reasons.
They were:
unfavorable comments by his
colleagues, both at UNC and other
universities as well as from other scientists.
the quality of his scientific achievement
is "only fair at best."
his "potential for future contributions
to geophysics and geology are not judged to
be very good."
Stewart was then informed that no factors
other than his research were taken into
account. "They're supposed to consider your
whole record," Stewart said.
"I think my research is good enough, as
Carrboro bond election
voted down narrowly
by Chip Pearsall
; Staff Writer
Carrboro voters narrowly defeated a street bond election Tuesday that would
have provided $ I million for paving, curbing and guttering involving more than half
of the town's streets.
Cold weather and apparent voter disinterest produced a meager voter turnout of
less than 20 per cent for the election. The bond was defeated by 42 votes, with 338
cast in favor of the bond and 380 opposed.
Supporters of the bond election had hoped that students living in Carrboro, who
make up 70 per cent of the town's population, would support the bond. That
support materialized, but very low student voter turnout in predominantlv student
precincts was not enough to offset the heavy opposition
least as good as the average in the
department," he said. "They did not consider
my teaching nor the grants that have come to
the department because of my work."
Stewart said that Ingram made a veiled
threat to him after the committee's decision.
According to Stewart, Ingram said he hoped
the professor would not make the denial an
issue. " 'If you do, " Stewart said Ingram
told him, " it could get nasty. You could
consider it like a divorce proceeding. You
don't want to drag it out into the public. It
could get gory.'
"There's nothing I have to be embarassed
about," Stewart said.
Ingram refused to comment. "On a
personnel matter such as this, it is very
inappropriate for me to discuss it."
Stewart is now appealing the decision to
James R. Gaskin, dean of the College of Arts
and Sciences. Stewart said he expects Gaskin
to grant him a conference this week. After
the conference, Gaskin will recommend
approval or denial of Stewart's appeal
request. The final decision is up to Ingram.
If Stewart has still not received the appeal,
he may present the case to the Faculty
Hearing Council, which can also make
recommendations to the department
chairperson. The appeal can be taken a step
further to Chancellor N. Ferebee Taylor,
who can overrule the department
chairperson.
"I don't know what other resources are left
after thnt. but I will go through with them,"
Stewart said. "I can only assume I will get a
fair hearing."
Stewart came under fire last J anuary when
he scientifically predicted an earthquake
would occur in the Wilmington area within a
decade. A California psychic, Clarisa
Bernhardt, visited the state at the request of
Stewart and also predicted that an
earthquake would occur within one year in
the same area.
That prediction, Stewart said, "had
everything in the world to do with the denial.
Up to January 1976, I had nothing but
friends in this department. There was no
indication that I would have a problem with
tenure when it came up."
He said that after his predictions he was
criticized by members in his department.
"Academic freedom is not honored in this
department, nor freedom of scientific
inquiry," Stewart said. "What this
department has done has taken a vote and
voted my new ideas down."
"Tenure," Stewart said," assures academic
freedom for the professor. It allows him to
speak his conscience, his views, and not be in
jeopardy of losing his job. For five years you
must prove you do not have the intention of
using that freedom. If you do prove that you
intend to use it, you will not get tenure."
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David StSWart S,art photo by Charles Hardy
Gilmore wins right to die by Utah firing squad
EWS I
The Pi Kappa Phi fraternity house on
Finley Golf Course Road was ablaze as
the Daily Tar Heel went to press early this
morning.
Four Chapel Hill fire-fighting crews
had responded to the alarm by 1:30 a.m. .
There were no reports of injuries.
The house was believed to be empty at
the time of the fire. Fraternity members
were at a nearby church attending pledge
initiation ceremonies.
The fire, which appeared to start on the
north side of the house, spread
throughout the second floor and through
the roof.
The cause of the fire is not known at
this time.
There will be more details in
tomorrow's! DTH.
Ben Cornelius
SALT LAKE CITY (UPI)
Condemned killer Gary Gilmore
Tuesday convinced the Utah Board of
Pardons to let him die, setting the stage
for his execution by firing squad within
a week.
"Thank you, Mr. Latimer," the 35-year-old
slayer told Board Chairperson
George Latimer after he announced the
2-1 decision not to commute or delay
imposition of the death penalty.
Gilmore was described in good spirits
after the ruling by his lawyer, who said
his -client was - happy about both the
proceedings and the outcome.
Rape, assault: law changes studied
by Toni Gilbert
Staff Writer
A proposal to restructure and redefine
rape and assault laws and to prohibit as
court evidence the past sexual experiences of
a rape victim has been drafted by a N.C. state
legislative study committee.
The proposal would classify a sexual and
nonsexual assaults, including rape, as one
offense with varying degrees of seriousness,
said Thomas J. Andrews, a UNC law
professor and primary author of the
proposal.
Andrews said that by striking as
inadmissable evidence the past sexual
experiences of rape victims, more persons
would come forward and report a rape, not
having to fear that their sex lives would be
dragged out in court.
Andrews is a member of the legislative
Study Committee on Sexual Assaults, a
subcommittee of the Legislative Research
Committee. Other members of the study
committee include two state representatives,
two state senators and a representative from
the Charlotte Rape Crisis, Center. The study
committee was organized in October 1975 to
study the problem of sexual assaults as
lllli
defined under the present laws.
The proposal would redefine assault laws
and penalties as follows:
A misdemeanor assault when a
defendant only points a gun at the victim but
does not physically attack him would carry
a sentence of at least one day but not more
than 30 days.
A third-degree felonious assault when
there is rape in which the defendant uses no
weapon would carry a penalty of two to
five years.
A first-degree felonious assault when
there is a rape in which the defendant carries
a weapon and physically injures the victim
would carry a penalty of 15 to 30 years.
If a defendant has been convicted for
sexual assault before, he may receive a life
sentence. As the rape statute now stands, a
person convicted of rape may be sentenced
to life imprisonment.
Thomas, in explaining the proposal, said,
"It made sense criminally to treat rape as a
specific kind of assault and then deal with the
whole problem of assault. There was a
problem in that rape was considered a crime
of lust. That's not true. It's a crime, an
assault with sex."
He said that by bringing the punishment in
line with the seriousness of the crime, the
committee seeks to.increasethe possibility of
convictions for rape. Andrews said that
juries now may be reluctant to convict a rape
defendant because the punishment may be
too severe for the offense committed.
In. preparing the proposal, the study
committee, in several sessions throughout
the year, heard testimony from rape victims,
representatives from various rape crisis
centers and from the N.C. Memorial
Hospital rape treatment clinic, prison
psychiatrists and psychologists and law
enforcement officers.
According to Durward Gunnells, staff
attorney for the legislature, the proposal
must now be submitted to the Legislative
Research Committee for final approval. The
committee's final report is then sent to the
legislature as a bill for approval.
Gunnells said he does not know if the
proposal will be presented to the General
Assembly this session.
Andrews said that the bill will probably be
revised several times before it is sent to the
research committee. A public hearing on the
proposal is set for 9:30 a.m. Dec. 8 in room
1027 of the Legislative Building in Raleigh.
The board's two-hour hearing and the
announcement of is decision after an
hour and 10 minutes of closed door
deliberation were broadcast live on both
radio and television in Utah.
The board listened to Gilmore argue
that his sentence for the slaying of a
motel clerk last summer was proper and
that delays in carrying it out were much
ado about nothing.
"1 did not request to die," said the
condemned man, who sat at the end of a
large table flanked by the three board
members. "L -simply . accepted, the
sentence of "the court. That's not a
request to die..
Gilmore was convicted of first degree
murder for the execution-style slaying
of Bennie Bushnell, 25, Provo, Utah,
during a holdup last summer.
He has admitted slaying a young
service station attendant the previous
night.
Gilmore, who wore prison whites
with handcuffs on his wrists and
shackles on his ankles, appeared gaunt
and nervous but spoke calmly and
firmly. He had lost 20 pounds during a
1 1-day hunger strike.
"I'd like to make it clear I'm not a
proponent of capital punishment, he
said. "I dont have an opinion one way
or another, but I do see the virtue and
the logic of the maxim, 'An eye for an
eye.
"This is my life and my death. I seek
nothing from you. I haven't earned
anything and I don't deserve anything. I
simply accepted the sentence that was
given me. I believe the sentence was
proper." w'
The pardons board immediately
prepared papers on its decision for
transmittal to Fourth District Judge J.
Robert Bullock in Provo, who must set
a new execution date.
Gilmore's lawyer Ronald Stangerand
state authorities predicted the execution
would be set for next Monday or sooner
to avoid possible legal questions over a
state law requiring executions within 60
days of sentencing.
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Gary Gilmore
UPI photo
Forgoes Space Committee apology
BSM accepts space in Chase
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by Laura Seism
Staff Writer
The Black Student Movement (BSM) will
accept second-floor space in Chase Hall to
replace first-floor space allocated to
Servomation Corporation in September.
BSM members had earlier requested a
formal written apology from the University
Space Committee, which allocated
approximately 2,000 square feet of BSM
space on the first floor to Servomation.
But BSM members voted before
Thanksgiving to accept equivalent space on
the second floor with or without an apology.
Dean of Student Affairs Donald Boulton,
whose office was allocated approximately
5,400 square feet on the second floor of
Chase, promised the BSM the equivalent
space.
BSM members criticized the new space
allocation because the Space Committee did
not involve the BSM in the decision-making
process and did not specifically assign the
BSM space on the second floor.
The BSM's Upendo Lounge, a center for
the organization's social, cultural and
educational programs, occupied the first
floor space. Because of the reallocation,
BSM members must vacate the first floor
lounge after May 15.
" "We decided to accept the space because
we did want a Upendo," BSM Chairperson
Jackie Lucas said Monday. "So we got an
Upendo, and it's as close to what we could
expect from the administration after they
had already taken it away from us.
Lucas said the Upendo controversy
which has involved two meetings between
Space Committee and BSM members, a
protest march by black students on
University Day, Daily Tar Heel editorials
and letters to the editor has affected the
BSM's relationships with University
administration and the student body.
To some people, it was seen as 'just
another BSM uproar,' " Lucas said.
- The real issue, she said, was the
University's handling of the BSM and their
failure to involve BSM members in the initial
decision to allocate space to Servomation.
Space Committee Chairperson Claiborne
Jones said the committee has met twice to
discuss the apology but has reached no
decision yet.
Poison suspected in dog's death;
vet treats four other affected pets
Parade faithfuls
Frolicking clowns teased cold kids who
awaited Saint Nick at last night's annual
Christmas parade.
by Jaci Hughes
Staff Writer
One dog has died and four others have become ill from
what might be strychnine poisoning in the Hillsborough
Street area of Carrboro.
Dr. Louis Vine, a Chapel Hill veterinarian, said Tuesday
he has treated five dogs suffering from symptoms which he
said were caused by strychnine poisoning.
"There was no doubt that it was strychnine," Vine said.
Vine based his assumption on the symptoms which affected
the dogs.
Capt. Ken Home of the Carrboro Police acknowledged
only two instances of possible dog poisonings in the past two
weeks.
"We have no evidence of contents in the dogs' stomachs.
I'm not saying they were not poisoned, just that we don't
have any evidence to support it, Home said.
Four of the poisoned dogs that Vine treated have
recovered, but a golden retriever belonging to Abbie Miller
of 810 Hillsborough St. died as a result of respiratory
problems allegedly caused by the poisoning.
Miller said the dog was poisoned between 1 1:30 p.m. and
midnight Nov. 20. "1 always keep the dogs tied up because
there's a leash law in Carrboro," Miller said. "But I let them
run for a while at nigtu."
One of her dogs did not come home immediately, Miller
said. "When he came back, he seemed all right, but later he
started having convulsions and couldn't stand," she said.
According to Vine, a dog that ingests a lethal dose of
strychnine will die within two hours if it is not treated. The
poison causes severe spasms and convulsions, increased
heart rate and eventual death.
Home, who investigated similar dog poisonings last
spring, said that there were 14 confirmed cases of strychnine
poisoning during the summer. "Some idiot was running
around throwing out hamburger balls with mole poisoning
in them."
Mole poison, resembling blue peanuts, contained small
doses of strychnine.
Police said they have not found any of the poison peanuts
in the Hillsborough Street area since the new rash of dog
poisonings began. The investigation is continuing.
Home also said that the strychnine presents a danger to
small children because dogs will often eat the meat and leave
some of the peanuts lying on the ground where children can
find them.
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