A little warmer
Today's high will be
about 43 with a 70 per
cent chance of rain.
The low last night was
What's there to do in
town this weekend?
on page 4.
Serving the students and University community since 1893
Friday, January 14, 1977, Chapel Hill, North Carolina
Volume No. 84, Issue No. 75
Please call us: 933-0245
W-N 1 I II X 1 I I I III
presentation provisions sir
Court ok's BSM funding;
CGC, jury process affected
uckdo wn by court
Two years ago
In 1975, UNC received statewide
publicity when the noisemaking efforts
of a group of about 100 persons, most of
them black, prevented a speech by David
Duke, the national information director
of the Ku Klux Klan. An organizer of the
group, Algenon Marbley, was tried and
acquitted by a predominantly black
student jury. A federal court last week
struck down the campus provision
requiring such a jury..
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by Elliott Potter
A federal court has struck down two
UNC Student Constitution provisions
which set specific racial requirements
for representation on the Campus
Governing Council (CGC) and the
Honor Court. In the Jan. 5 ruling, the
court also upheld a decision which
sanctioned funding of the BSM with
mandatory student fees.
One of the provisions struck down by
the 4th Circuit U.S. Court of Appeals
guaranteed that at least two students of
a minority race, two males and two
females would be members of the CGQ.
When such representation was not
achieved through annual elections, the
provision stated, "The President of the
student body shall make the number of
appointments necessary to insure
compliance with this section."
The other provision was a section of
the Instrument of Student Judicial
Governance that gave minority students
the right to request a minority jury.
The ruling stated that the practices of
insuring minority representation in the
CGC and providing minority juries are
in conflict . with the Fourteenth
Amendment, the Civil Rights Act of
1871 and the Civil Rights Act of 1964.
"They (the provisions) cause the
plantiffs to suffer disadvantages at the
University, because they are not of the
favored race,the ruling said.
The court held that an institution that
receives federal financial assistance
cannot be allowed to practice such .
Student Body President Billy
Richardson said Wednesday he agrees
that CGC representation should be
determined splely by the ballot box, but
he added he was worried about how the
ruling might affect the student courts.
He said that sometimes a person can
make a fair judgment of another person
only if he shares that person's basic
beliefs. "Understanding intent is very
important in judging one's peers," he
"The triaj of Algenon Marbley is a
perfect example of why I feel minority
representation is important," he said.
"In that case, intent was clearly the issue
to be decided."
Marbley was tried before
Undergraduate Court in February 1975
on charges of disrupting the speech of
Ku Klux Klansman David Duke. He
was acquitted by a jury of four blacks
and three whites.
The part of the decision concerning
the funding of the BSM stemmed from
that organization's former membership
When the suit was filed in 1974, the
plaintiffs described the BSM as an
organization closed to non-black
membership. But the BSM constitution
was amended in September 1974 to
extend membership provileges to any
student whose views are consistent with
the goals of the BSM, and the court
decided that there is not longer a
violation of constitutional rights.
Two former UNC students, Lawrence
A. Uzell and Robert L. Arrington, were
listed as plaintiffs in the case. Among
those listed as defendants were William
C. Friday, president of the UNC system;
N. Ferebee Taylor, chancellor; Marcus
Williams, former president of the
student body; Algenon Marbley, former
chairperson of the BSM; the UNC
Board of Trustees and the UNC Board
Susan Eringhaus, assistant to the
chancellor, said Thursday she did not
feel free to comment on the ruling since
the University is still in the process of
deciding whether to appeal its case. She
said that decision will be made after
input has been received from the state
attorney general's; staff, University
officials and student leaders. A meeting
of concerned parties has been scheduled
for Jan. 20.
Fans miss home B-hall
UNC chessmen win money, fame
in prestigious national tournament
by Jaci Hughes
- Staff Writer
Basketball is not the only sport in which the Tar Heels
are nationally ranked. The UNC chess team, under the
leadership of Arthur Men ills, maneuvered its way to
12th place in the country in a tournament during the
The competition, held in New York, brought the team
five wins, two losses, one draw and a $125 cash award.
According to Menius, to prepare for a big
tournament, players "study the games and strategies of
the masters. You have to decide what openings (opening
moves) you're going to use."
Menius said that in such a big tournament, which
included teams from as far away as Los Angeles, the
players rarely know their opponents in advance. "You
don't know whether you're going to play a wild,
attacking game or a closed, slow one," he said.
The members of the first-string or-A team are'Greg
Samsa, Arthur Menius, Rhodes Peele and Robert
Semtress. The B team members are William Gordy, Bill
O'Brian, Randy Ross and Joe Dupree
Games are limited to 45 moves per player, and can last
up to four hours.
According to Menius, the UNC chess team was
formed in the late '60s and has been participating in
national competition for four years.
Salaries, services Condie defense for rise in dorm rents
by Mary Gardner
With inflation running rampant
everywhere, one might expect a hefty
increase in dorm room rents over the years
but 70 per cent?
It's true. Since the fall of 197 1 , the rent for
an average double-occupancy room for men
has risen from $312 to $530 per year, or
approximately 70 per cent.
Director of University Housing James D.
Condie says the phenomenal increase is
mostly due to yearly pbjectives of tlje
housing department, salary and payroll
increases for approximately 160 full-time
employees and increasing costs of services.
"We have to balance the rent structure
with the costs of running the housing
department," Condie said.
According to Condie, the objectives of the
housing department . are not always
compatible with low rents for rooms. "Low
rents cannot pay to keep the wind from
blowing through the buildings."
Before Condie became director in the
summer of 1973, the room rents stayed
comparatively low because no renovations
were done on the residence halls and many
buildings badly needed painting, Condie
Since Condie's arrival, nine roofs have
been repaired, and seven more will be
repaired in the near future. Also vents have,
been put in bathrooms. Kitchens, social
rooms and study rooms have been added in
each residence hall, according to Condie.
"Every building now has at least one
kitchen, and every building or every hall in
the larger residence halls has a social room
and a study room. Without these things all
you provide is a place where people sleep
instead of a place where people actually live;
we try to provide most everything you had in
your home," Condie said.
Another reason for rising room rents is the
adjustment in salaries for housing employes,
according to Condie. Salary increases must
adjust to the cost of living and annual and
Starting in January 1977, UNC will pay,
the cost of sewage treatment, police service
and fire department service provided by the
city of Chapel Hill, Condie said. "All these
services are paid for and provided by room
Student Government housing
representative Dave Gantt gave the waiver
card problem as a reason for the rising room
Wet December fills lake
rents. "We're losing money through waiver
cards in the cases of cancellations and no
shows." According to Gantt, 1,273 housing waiver
cards were given out this year. Of these, 136
were cancelled and 53 simply did not show
Maintenance work makes up a sizable
portion of room rent increases, Gantt said.
"There is a lot of maintenance work,
especially in trying to keep the older
buildings going. You may not see the work,
but it has to be done. The older dorms still
have a long way to go."
In the long run, the housing department
does not go in the red. "We can't afford to
lose money; we're in the black," Condie said.
"I think we're getting our money's worth,
all in all," Gantt said.
by Leslie Seism
UNC students may have enjoyed the
extra week for Christmas break this
year, but it caused them to miss some
Tar Heel basketball.
While students were away from
Chapel Hill, teams from Brigham
Young and Virginia visited the Tar
Heels at Carmichael Auditorium, and
Clemson met UNC in a home
conference game at Greensboro
It was the first time in years that two
home games have been played during
Christmas break, and the first time since
1972 that a home conference game has
big win over
WINSTON-SALEM With five seconds
remaining, UNC's Tom Zaliagiris lunged in
front of Wake Forest forward Jerry
'Sehellenberg, causing Sehellenberg to lose,,,
control of the ball. Zaliagiris grabbed the
loose ball and threw it downcourt to
teammate Phil Ford, insuring a 77-75 Tar
Heel victory Thursday night in Memorial
The Tar Heels fought back late in the
game to overtake a Deacon six -point lead.
With 5:15 left, UNC's John Kuester hit an
I8-footer to give his team a 72-71 advantage.
With the score 74-73 and 3:53 remaining, the
Heels went into their Four-Corners offense
to pull out the win.
Center Tommy LaGarde of UNC led all
scorers with 22 points. Ford added 20.
Freshman Mike O'Koren hauled down 14
rebounds, including several important ones
in the final five minutes.
Carolina, fifth-ranked and now 11-1,
upped its Atlantic Coast Conference record
to 3-0. Wake, no. seven in the country, is now
1 1-2 overall and 2-1 in league play.
The Tar Heels could hit on only 43 per
cent of their field goal attempts in the
opening half, compared to Wake's 46 per
cent. The two teams swapped percentages in
the second half. Skip Brown scored 18
points, Jerry Sehellenberg had 17 and Larry
Harrison was credited with 10 rebounds.
"I was proud of the way our team came
back in the second half," UNC Head Coach
Dean Smith said after the game.
been played . away from Carmichael
. Auditorium. The culprits in both cases
are the longer break and the new 32
team format for the NCAA tournament
which moves the entire ACC schedule
up one week.
"We didn't plan it that way, it just
happened," UNC Head Basketball
Coach Dean "Smith said Thursday.
According to Smith, ACC games are
played the same relative date each
year Clemson the first week in
January and Virginia the second.
"The students just weren't in school,"
According to Bill Cobey, UNC
athletic director, moving the ACC
tournament forward a week pressed
more basketball games into a shorter
length of time. "Scheduling is a rather
difficult thing to do, with so many
games to play," he said.
"We don't like to have the team play
when the students aren't here, but it's
hard to avoid," Cobey said.
- Student attendance was down at the
game, Ticket Manager Jean Keller said.
Approximately 400 of the 3,600 student
tickets available for both the Brigham
Young and Virginia games were not
Cobey said that traditionally a
conference game like Virginia is a
sellout and that the extended break
could have been responsible for the
leftover tickets. "I think the students
would have taken them all had they been
here," he said. "Our experience in the
past has shown us that."
Co'bey said the Clemson game was
played in Greensboro for three reasons:
students were not in Chapel Hill, it was
financially beneficial and more people
"We'd like to think UNC is our team
only, but in a certain sense it's a state
team, too," Cobey said. "There are
thousands upon thousands of avid
Carolina fans who can never get to see
the Tar Heels play in Carmichael."
Carmichael's capacity isv 10,000
persons, and Greensboro's is 15,000.
Cobey said that even though the
Clemson game was played in
Greensboro, nine games will still be
played in Chapel Hill, which is the usual
number scheduled by the Athletic
Cobey said next year's schedule
would involve only one game in
Carmichael during Christmas break
because the Clemson and Virginia
games will be away games.
i - '
ater shortage finally en
by Tom Watkins
Now that the worst water shortage in Chapel Hill history is
over (effective Dec. 1 2), town officials are worrying about how
to prevent future shortages.
There will apparently be ample time to mull the
possibilities, as wet December weather lifted University Lake
to its highest level in several months.
"Our report this morning put the lake level at two inches
above the dam we're filled up and wasting water," Claiborne
S. Jones, UNC vice chancellor for business and finance, said
Jones said it was impossible for him to speculate as to
whether the town will experience another shortage next
"We've had plenty of rain this year our problem has been
that it has not been distributed evenly throughout the year,"
he explained. "Going by the law of averages, we won't have the
kind of drought every year that we had this year, but then who
The water utility, which has been owned by the University
since the beginning of the town, is in the process of being sold
to the Orange Water and.Sewer Authority (OWASA). The
transaction was to have taken place on Dec. 31 but has been
delayed by the authority's sale of bonds to finance the
purchase, estimated at $1.6 million. Feb. 15 is the new target
date for the sale.
In the meantime, OWASA officials are already looking into
how to ward off future shortages.
"We're moving ahead on our plans for a new reservoir at
Cane Creek," Paul Morris, OWASA chairperson, said..
"We're surveying and identifying property in that area, and
our engineers have told us that the reservoir could be
completed within two years after the property is purchased.
"We can't let ourselves delay any longer it has been
delayed for eight years now. Our only safety valve at present is
the purchase of water from Durham."
Juring the recent water crisis, an average of approximately
two million gallons of water per day was purchased from
Durham from midsummer until Dec. 17.
"We'll certainly be willing to help Chapel Hill all that we can
in the event of future shortages," Tom Bruce, director of
Durham's Division of Water Resources, said.
"But it depends on the situation. Our supply is also limited
and our new water treatment plant won't be ready for two
years. We haven't had any problems in cooperating with the
University in the past, and I don't think our relationship with
OWASA will be any different."
Bruce added that the level of Lake Michie (Durham's water
supply) is now one foot above the dam.
Jones said he had written a letter to Durham Mayor Wade
Cavin expressing gratitude for Durham's assistance during
the water crisis.
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Staff photo by Charles Hardy
Boats docked again
Staff photo by Bruc Clark
When the picture on the left was taken in September, the mud flats are gone and skippers can tie their boats up
Chapel Hill was in the throes of a water shortage. Now to the University Lake docks once again.
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