A4 The Daily Tar Heel Thursday, August 26. 1977
Appeals court upholds unconstitutionality decision on SG regulations
By STE F. HI ETTEL
Staff Writer
The U.S. Fourth Circuit Court of Appeals last month upheld an earlier decision
that declared unconstitutional Student Government regulations providing for
minority ourts and the appointment of minority members to the Campus
Governing Council (CGC).
The minority court rule permits an accused student to request that four of the
seven judges on the trial bench of the Honor Court be of his or her race or sex. The
Student Constitution stipulates that the CGC speaker appoint at least two
representatives of a minority race to the council if an annual election does not
produce such representation.
The North Carolina Attorney General's office, representing UNC. will petition
the U.S. Supreme Court for a writ of certiorari, a document that would allow the
high court to rule on the case.
The office has requested a stay on the appeals court order, pending Supreme
Court action on the petition.
The case dates back to June 13, 1974, when two UNC students, Lawrence A.
Uz7ell and Robert Lane Arrington, brought suit against UNC for the continuance
of two things an allotment of student fees to the Black Student M ovement ( BSM )
and CGC and Honor Court appointments made on the basis of race.
The plaintiffs argued that these practices violate the Fourteenth Amendment and
the Civil Rights Acts of 1871 and 1964, which prohibit discrimination because of
race.
The University contended that BSM membership was open to all students
because of changes in the organization's constitution and that no rights of the
plaintiffs had been affected by the other two regulations.
The U.S. Middle District Court in Durham ruled in favor of the University on all
three counts on September 16, 1976. but in January the U.S. Fourth Circuit Court
of Appeals reversed the lower court's decision on the minority court and CGC
minority representation issues.
1 n his decision on the CGC issue. Chief J udge Albert V . Bryan wrote: "We reverse
now on the plain and simple ground that, without either reasonable basis or
compelling interest, the composition of the Council is formulated on the basis of
race. This form of constituency blatantly fouls the letter and the spirit of both the
Civil Rights Acts and the Fourteenth Amendment."
The University obtained a rehearing before the full appeals court, but the court
upheld the previous decision by a 4-3 margin on July 28.
"We are taking all the steps available to us to have the matter reconsidered," said
Susan Ehringhaus. assistant to the chancellor, "and we are now attempting to
obtain a hearing before the Supreme Court."
The Attorney General's office must file its request for the Supreme Court to hear
the case by Oct. 26. The appellants will be given 30 days to reply, and the Supreme
Court will take between one and three months to rule on the request, said Senior
Deputy Attorney General Andrew A. Vanore, who is handling the case.
UNC plan calls for 32 per cent increase
criticized the state and said it had been negligent
Continued from page 1
The UNC plan also calls for white-enrollmet.t
increases at traditionally black institutions, a
goal not required by HEW.
Several board members voiced their opinions
on UNC's plan Monday. Board chairman
William A. Johnson applauded the plan, saying,
"In the first place, the Criteria sent down by
HEW. ..are unrealistic, unwarranted,
unreasonable and unworkable."
Johnson also said North Carolina has no
obligation to obey HEW or Judge Pratt in
matters concerning its universities.
Dr. Hugh Daniel, chairman of the board's
Committee on Education Planning and Policy,
recommended passage of the plan. He said an
important principle underlying the plan is that
racial segregation does not exist in the system,
although the system is a racially dual system due
to non-compulsory attendance. Racial duality,
Daniel said, is "a consequence of the past," and
can be corrected by the plan.
One of the board's members, J. J.Sansom, Jr.,
W:li the onlv pfrn tn vnln 'lft'itrnt tU rtl-tn
for years."
Sansom disagreed with Friday's assertion that
the University system is not racially segregated.
H e said the system might not be segregated under
the law but that it was in fact.
"If it weren't segregated, we wouldn't be in
court now," he said. Another black member,
Louis T. Randolph, abstained from voting. The
two other black Board members voted in favor of
the plan.
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A federal judge In Greensboro recently ruled that the Army
Corps of Engineers could go ahead with plans to fill the 14,300
acre B. Everett Jordan Lake. Environmentalists fought a seven-
Stan pnoio oy L C BarDour
year battle to head off filling, the finals stage of the project.
Chapel Hill is appealing the decision.
Federal judge gives go-ahead
to U.S. Army Corps of Engineers
for construction of Jordan Lake
More than seven years of bickering
between environmentalists and the U.S.
Army Corps of Engineers over the
filling of the B. Everett Jordan Lake
came to a temporary halt last month
when a federal judge ruled that the
Army may go ahead w ith plans to fill the
reservoir.
It is the conclusion of this
court that the Corps of
Engineers' decision to
create the Jordan Lake
was not arbitrary,
capricious or an abuse of
discretion.
Gordon
The town of Chapel Hill, an
intervening plaintiff in the suit, filed
notice of appeal to the Fourth Circuit
Court of Appeals after a special meeting
of the Board of Aldermen.
In his July 28 ruling, U.S. Middle
District Court Chief Judge Eugene A.
Gordon said the Army had complied
with all environmental laws in
formulating their plans to build the
14,300 acre lake to be located primarily
in Chatham County.
"It is the conclusion of this court that
the Corps of Engineers' decision to creat
the Jordan Lake was not arbitrary,
capricious or an abuse of discretion,"
Gordon said, "and further, that this
decision was made in good faith after a
consideration of all relevant factors,
including all possible alternative or
mitigative measures.
"The court has made a conscientous
effort to review all the objections raLcd
by the plaintiffs with the relevant data
and material which was available to the
Army, and concludes that it cannot in
good faith block the final completion of
this project."
The original ' plaintiffs were the
Conservation Council of North
Carolina, ECOS and several
landowners.
"More than 31 years after Congress
recognized the need for the project, and
more than seven years after this
litigation began, the Army Corps of
Engineers has concluded that the
relevant environmental factors and
goals set by Congress have mandated
the completion of the final stage of this
project; that is, the creation of the B.
Everett Jordan Lake,"therulingstated.
The 112-foot high earth dam is
located about three-tenths of a mile
below the confluence of the Haw and
New Hope rivers, about 20 miles south
of Chapel Hill.
In their suit, environmentalists
contended that the project would create
a lake unfit for water supply, boating or
fishing.
Chapel H ill and Durham, which were
intervening plaintiffs, charged that the
reservoir would require them to upgrade
their waste treatment plants at a
considerable cost which should be borne
by the Army.
Judge Gordon ruled, however, that
no order exists forcing the two tow ns to
upgrade facilities and turned down their
request.
"The lake that will be created by the
impoundment of the B. Everett Jordan
Dam," Gordon ruled, "will provide the
surrounding area, both above and
below the dam site, with the benefits of
flood control, water quality control,
water supply, fish and wildlife
conservation and recreation.
Additionally the remaining 33,000 acres
of land in the project will support
extensive non-water recreation and
wildlife and plant conservation."
Intervening on the side of the Army
were Fayetteville, Wilmington, Dunn,
Erwin and Lillington along with
Harnett. New Hanover, Pender and
Columbus counties.
The downstream interveners argued
that the lake was needed for flood
control and supplying the Cape Fear
during low level periods.
While notice of appeal has been filed,
no restraining order exists to enjoin the
Army from going ahead with plans to
fill the lake. The Army, though, does not
plan to begin for at least a year.
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Quits before desegregation decision
Chambers leaves UNC Board
By NANCY HARTIS
Staff Writer
UNC Board of Governors member Julius Chambers,
a black Charlotte lawyer, resigned Monday, moments
before the board passed a desegregation plan that
disregards several federal desegregation criteria.
In a move that caught board members by surprise.
Chambers requested the floor and told the board he
believed he could do more for North Curolina blacks by
resigning.
Chambers is president of the NAACP Legal Defense
and Education Fund (LDF), the group that filed the
original court suit resulting in the HEW desegregation
criteria for North Carolina universities.
Although he led the LDF while being a member of the
board. Chambers consistently denied any conflict of
interest, and said so again Monday.
"1 have compared my roles as a member of this board
and off," he said, "and I feel I can best serve off the
board."
Chambers said he felt the University could and must
reach all people in the state but he raised the question of
how effectively the Board deals with desegregation
issues, citing the UNC plan as evidence.
He emphasized he was not resigning because of
pressure from anyone on the board or staff and said he
had no animosity towards anyone on the Board.
Often a critic of the Board's desegregation plans in the
past. Chambers said later he was upset by the "manner
and tenor of the way the board does what it does."
After Chamber's resignation. UNC President William
C. Friday addressed the board, expressing appreciation
for Chamber's achievements and said, "We shall miss
him."
Board chairman William A. Johnson said of
Chambers. "While he and 1 have not always agreed on
things. I respect his willingness to stand by those things
he thinks are right and proper... I respect his sincerity
and 1 personally regret his leaving the Board."
Last week. Chambers told the Charlotte Observer he
had written President Friday a letter expressing a
willingness to resign from the board if Friday felt there
was a conflict from Chamber's dual interests.
In the same report, Friday confirmed he had received
Chamber's letter but declined to comment on the
possible conflict.
Chambers was a member of the UNC Board of
Governors since its formation in 1972.
'Yack' ready by Christmas
Yackety-Yack staff members are still working on the 1976-77
edition of the UNC yearbook, but business manager Betsy Gillette
says it should be ready for distribution by Christmas.
Gillette blamed the increased size of the 1976-77 Yack for the
production slowdown. The Yack will contain 672 pages, 200 more
than last year's.
A limited number of copies of the 1976-77 Yack will be printed for
students who did not subscribe last year. Students interested in
obtaining one ofthese must sign a waiting list in the Yack office in the
Carolina Union.
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