Drizzly
There is a 60 percent chance
of rain through tonight. The
high today and Friday will be
in the upper-60s and the low
tonight will be in the upper-50s.
Field hockey wlm
The UNC field hockey team
won the NCAIAW
tournament Wednesday in
Durham with a 2-1 overtime
win over Duke and a 3-0 win
over High Point. Details
Friday in the DTH.
Til PP
Serving the students and the University community since 1893
Thursday, November 3, 1977, Chapel Hill, North Carolina
Please call us: 933-0245
University files
Volume 85, Issue No. 48 Hi '
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It's not too early for Christmas, at least not in the mind of Sid Rothy peddles his glass sculptures in an effort to attract early
Rothy, who sells his hand-blown wares on N.C. 86 north of bird Christmas shoppers. Staff photo by Allen Jemigan.
Chapel Hill. Although the last leaf has yet to fall from the trees,
Arguments made in Bakke
reverse discrimination debate
By ROBERT THOMASON
Staff Writer
Arguments ranging from the issue of
group participation versus individual rights
to the relative qualifications of applicants to
professional schools were presented at a
debate on the Allan Bakke reverse
discrimination case Tuesday night.
Cosponsored by the Black Student
Movement and the National Coalition to
Overturn the Bakke Decision, the debate
pitted Dean M orton Teicher of the School of
Social Work against Professor Charles Daye
of the School of Law.
Teicher, a white, argued that the quota
systems designed to increase minority
enrollment erode the equal rights principle
that individuals should be considered for
admission to schools on their own merit and
not on their race.
Daye, a black, argued that discrimination
is used in all phases of the law, that
sometimes this discrimination is based on
rational premises and that the quota used to
deny Allan Bakke admission to the medical
school of the University of California at
Davis (Cal-Davis) did not admit any
unqualified students in his place.
In a case now before the Supreme Court,
Allan Bakke, a white male, contends he was
unfairly discriminated against when Cal
Davis rejected his medical school
application but accepted some minority
applicants with lower test ucores.
If a person is assigned to a group because
of racial qualities and then is admitted to a
school or profession because he is a member
of that group, Teicher said, then that person
is denied his right to prove himself on his
own merit. "The Civil R ights Act of 1 964 was
passed to grant and protect individual rights,
not group rights," he said.
"When the person has primacy, then we do
not need to rely on government with its mass,
depersonalized solutions. Government
produces dislocation and the devaluation oi
Greenways construction may begin
By AMY McRARY
Staff Writer
Construction may begin in January on a
long-awaited, long-planned system of
recreational paths along Chapel Hill
streams, Town Planner Liz Rooks said
recently.
The asphalt paths, called the Greenways
System, were first proposed in 1973 to
preserve natural land areas and to join town
parks using "scenic recreational trails,"
Rooks said.
The system will consist of two paths
approximately three miles long. When
completed, the Greenways System will form
a semicircle around the northern and eastern
area of the town.
The eastern path will be the first part of the
system constructed. The 0.83 mile path will
be built along Battle Branch and extend
from University Mall to Weaver Road.
Plans for the northern trail call for a 2.09
mile path along Bolin Creek. This part of the
Greenways System will join the Battle
Branch path at the mall and continue to
Umstead Park.
Surveying is almost completed along
Battle Branch, and construction is set for
January, Rooks said. The $44,000 funding
for the path will come from the $ 1 .75 million
bond referendum approved in November
1976.
The land for the 7- to 8-foot wide paths is
located in the Chapel Hill flood plain. "This
land is perfect for the system," Rooks said.
An ordinance forbids the construction of
buildings in the plain. The flood plain is
defined as land along the town's streams that
would be covered by a 100-foot flood.
"This land is also a mostly wooded,
the individual, and this is reflected in
obsessive preoccupation with the problems
of society as a whole."
Teicher contended that by grouping
people into racially distinct sets, the
individual becomes an abstraction and less a
human.
"If we are to realize our potential to
actualize ourselves, we do not need group
excuses to account for our success or our
failure. We need to perceive our own
purposes and our own capacities.
"Policies of numerical representation in
employment, education and housing
are... in opposition to the American
consensus which holds that the group
characteristics of an individual are-of no
concern to government that government
must take no account of race, creed, color or
national origin.
"To concentrate on the rights of racial and
ethnic groups means that we mistakenly
attach benefits and penalties to individual
human beings on trie basis of their race,
color, creed or national origin.
"My position is, simply stated,
discrimination of any kind affirmative
discrimination, benign discrimination,
reverse discrimination, whatever you call it
discrimination of any kind is wrong."
Daye began his presentation by saying, "If
the world were perfect, I would have no
quarrel with Dean Teicher." Then Daye
commented that for nearly 300 years blacks
were either held in slavery or subjected to
racist laws.
Daye said he could not say whether Cal
Davis' rejection of Bakke as a medical
student was legal or not.
Discrimination of some sort is used in
many laws, Daye said, citing voter
registration laws which discriminate against
those under the age of 18.
"Discrimination may be acceptable if its
intent is not malicious or invidious." Dave
said. "If the state has a rational purpose in
natural area," Rooks said. "And this isapart
of Chapel Hill we should be concerned with
preserving."
Chapel Hill has been working on the
project for four years. A recreational path
system was first proposed in 1973 when the
Board of Aldermen voted to apply money
from a 1968 bond referendum to construct a
Greenways System.
C hapel H ill voters had approved $ 1 00,000
in the referendum for the town to acquire
parks. After buying the Cedar Falls, Charlie
Jones and Ephesus Road Parks, the board
voted to use the remaining $10,000 for the
paths. The money then was used to survey
the Bolin Creek area.
Former Alderman Alice Welsh said she
became a supporter of the Greenways
System because it would connect the parks
the town had bought. Welsh was chairperson
of the committee that bought the parks until
her retirement from the board in 1975.
The Battle Branch trail will join Glendale
and Emilie Braswell Perry Parks. Its
boundary also will join University-owned
Battle Park, enabling the walker or biker to
travel to UNC, Rooks said.
Umstead Park and the Carlilie Property
between Estes Drive and Franklin Street will
be connected by the Bolin Creek path.
"But the problem in 1973 was after we
surveyed the land, we didn't have any more
funds to actually construct the paths," Welsh
recalled. Because there was no more money.
Assistant Town Attorney David Drake and
Welsh's committee began asking property
owners in the Bolin Creek area to donate
land for the Greenways System.
All but four owners initially donated land,
varying from one-half to three acres.
Because the town already owned land along
J
1:1 J
Prof. Charles Daye of the School of Law
(above) debated Dean Morton Teicher of
the School of Social Work Tuesday night
on the topic of the Bakke case. Staff
photo by Sam Fulwood III.
calling for discrimination in a specific
instance, it is not considered
unconstitutional."
Bakke may have trouble proving that Cal
Davis' intent to discriminate against him was
malicious, Daye said.
"Whether an applicant is qualified or
unqualified is not an issue here." Daye said.
"All of the 16 disadvantaged applicants who
were admitted were at least qualified."
"Cal-Davis uses the region of California
an applicant is from as a criterion for
admissions." Daye said. "If there is a scarcity
of doctors in a certain region, and since Cal
Davis is in the business of producing trained
doctors for the state ol California, t he
university will accept a few students from
that region."
Battle Branch, no donations were necessary
in that area.
Agreements with three of the four
landowners have been reached, and flood
plain land will be sold to the town, Drake
said Wednesday.
The fourth owner. Wilbur Kut. has
opposed construction of the trail through his
Dickerson Court property near Franklin
Street. Kutz built the rental development in
the flood plain before the ordinance
forbidding construction in the area was
enacted.
Because of Kutz's opposition, the Board
of Aldermen voted Sept. 12 to give the town
authority to condemn the part of his
property necessary for the path.
Condemnation of property means the town
decides it is in the public good to acquire the
land.
The town must get tw o or three appraisals
of the land needed and then pay the "lair
market value" for the property. If the
landowner still does not want to sell his
property, he can go to court.
Drake said Wednesday the town has not
yet used its authority to condemn Kutz's
property, hoping that further negotiations
would prevent condemnation.
Because the Battle Branch trail will be
built first, negotiations do not have to be
completed yet. Rooks said. "We don't have
all the land, but we don't have any money
allocated for the Bolin Creek path yet.
either." she said.
The purpose of building a Greenways
System is more than just to preserve wooded
areas in Chapel Hill or to connect parks.
Rooks said. "They're more than just trails;
t hey' re a way to get to your destination.
wun supreme u.
By ( HI ( K ALSTON
State and National I'.dilor
The University of North Carolina filed an
application with the U.S. Supreme Court
last week requesting a hearing on a reverse
discrimination case dealing with required
minority representation on UNC's Campus
Governing Council (C'GC) and Honor
Court.
The application, filed last Thursday by
Andrew Vanore. N.C. senior deputy
attorney general, requests a new hearing on
grounds that the Fourth Circuit Court of
Appeals ignored various criteria in awarding
the case to the plaintiffs.
The plaintiffs. Lawrence A. Uell and
Robert Lane Arrington, filed suit in June
1974 charging that provisions in the Student
Constitution and Instrument of Student
Judicial Governance are discriminatory.
They object to provisions requiring the
student body president to appoint two black
and two female members to the C'GC if they
are not elected, and permitting an accused
student before the Honor Court to request
that four ol the seven judges be members of
his or her race or sex.
Voting procedure raises
By KATHY HART
Staff Wriler
Voting procedures and planning for
the Homecoming Queen election
Wednesday upset some UNC students,
includingthe l976HomecomingQueen.
Students expressed concern . that
ballot counters would be unable to
distinguish between the votes for
candidate six and candidate nine and
that some students were voting more
than once.
Students were asked to write their
favorite candidate's number on a blank
slip of paper. There was some question
as to whether there would be a
distinguishable difference between the
sixes and nines. Crew Club members at
the ballot boxes sometimes failed to ask
Shared-ride taxi experiment
still afloat after boardmeeting
By KEITH HOLLAR
Staff Writer
The Chapel Hill Transportation Board
tossed around several options for modifying
the shared-ride taxi service Tuesday night
before deciding to leave the service as it is.
Under the terms of a contract signed Sept.
30 between the tow i. and the University, the
town agreed to modify the night service if
ridership did not reach an average of 100
riders per night by Oct. 31.
Although it did not decide on any
modifications, the board agreed to
recommend to Town Manager Kurt J. Jenne
that promotional efforts be continued in an
attempt to increase the ridership of the night
time sei vice.
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The first segment of the Greenways System will be a 0.83-mile segment along Battle
Branch from University Mall to Weaver Road. Construction may begin in January on
the long-awaited, long-planned system. Photo by Joseph Thomas.
Since that time, the Honor Court has been
reduced to fiv e judges, but the minority court
provision remains in the Instrument.
The suit claims that the laws violate the
Fourteenth Amendment, the Civil Rights
Act of 1871 and the Civil Rights Act of I9o4.
They contend in the suit that these federal
laws guarantee them the right to attend a
state university free from officiallv approved
discrimination and that tax money should
not be used to subsidize such practices.
On January 5. 1977, the Fourth Circuit
Court ol . Appeals upheld the suit's
contentions, saying ". . .the composition of
t he C ou nc i I ( C'G C ) is form u la t ed on t he has is
ol race. I his blatantly fouls the letter and the
spirit of both the Civil Rights Acts and the
Fourteenth Amendment."
1 he court ruled the same on the Honor
Court.
In making the ruling, the three-judge
panel ol the appeals court overturned an
earlier ruling made by U.S. Middle District
Court Chief Judge Eugene B. Gordon in
favor of UNC.
A re-examination ol the case was
conducted by the entire court of appeals
students to make their votes clear, by
either underlining or spelling out the
number.
But a Daily Tar Heel reporter who
examined the election results found that
lew of the ballots were questionable.
The few questionable ballots would
make no difference in the outcome of
the election.
The H omecomingQueen election was
sponsored by the Carolina Athletic
Association (CAA) and voting boxes
were manned by Crew Club members.
"11 there is any discrepancy in any of
the ballots, we just won't count them."
said Paul McDonald. Crew Club
president. "We plan to examine each
ballot closely so that everything will be
fair."
If such efforts fail, the board decided it
would recommend dropping the 25-cenl
surcharge and. if necessary, reinstating some
form of fixed-route bus service.
The final decision on the late of the
shared-ride service rests with Jenne and
John L. Temple. UNC vice chancellor for
business and finance. Neither could be
reached for comment Wednesday afternoon.
The shared-ride taxi service is currently
available only to bus pass holders, who must
pay a 25 cent surcharge for trips from bus
stop to bus stop.
Ridership on the experimental service is
averaging slightly more than 50 persons per
night, according to dispatcher 1 )av id Jones.
Please turn to page 4.
our
bench, which upheld the ruling with a 4-3
vote.
Ed Speas, a special N.C. deputy attorney
general for education, said Wednesday,"The
provisions ol the Student Constitution and
the Instrument of Student Governance do
not offend the Fourteenth Amendment."
Speas said racial and sexual guidelines can
be used for these purposes so long as they do
not harm some other group. It is the
University's contention in this case that no
one is harmed.
The application, called a writ of certiorari,
filed with the Supreme Court states that the
court ol appeals "ignored the distinction
between the benign or harmless use of racial
classifications and their invidious use."
The writ further states. "The Court of
Appeals also ignored the principle that harm
is an essential predicate to standing and the
existence of a real and concrete
controversy."
Speas also said. "The Fourth Circuit
Court erred in not giving the state an
opportunity to show the reasons at hand."
I he original suit also challenged the use of
Please turn to page 4.
controversy
Sherri Parks, president of Alpha
Kappa Alpha and 1976 Homecoming
Queen, said she was not satisfied with
the way the election was handled. "They
should have printed ballots," she said.
"It was poorly organized and poorly
planned."
Parks also criticized the failure to
check student IDs because that made it
possible for students to vote several
times. To vote, a student simply had to ,
write his name and year on a legal pad.
No identification was required.
"We had no authority to clip IDs as
they do in Student Government
elections." said Mike Egan, CAA vice
president. "We simply had to rely on the
honesty and integrity of the students."
"If there is any question at all we will
rerun the election Friday," said CAA
President David Royle, "but I don't
anticipate that happening at all."
The ballots were small cut pieces of
blank paper. Because of the large
turnout, the balloting box in front of the
Undergraduate Library ran out of these
ballots and torn pieces of notebook
paper were used. It was reported that
one student simply tore his torn paper
ballot again and voted twice.
"Royle and I decided last night how
the ballots would be made," McDonald
said. "We wanted to do it the fastest and
least expensive way possible."
Voting boxes were located in front of
the Undergraduate Library, at the Y
Court and at Chase Cafeteria. Only the
box at the Undergraduate Library
included a picture of the girls so voters
could link names with faces.
Yackety Yack
appointments
still available
Appointment or no, be prepared to
wait when you go to have your picture
made for the Yackety Yack.
A freshman waiting in line
Wednesday had an appointment at
1:50 p.m. At 2:50 p.m., he walked out
of Room 205 of the Carolina Union,
having just finished his picture-taking
session. "I had no idea it would take
this long," he said.
"We're doing the best we can, and
it's a free service for the students."
Yack editor Ted Kyle said. "There are
12,000 students here."
A Iso, Kyle said many students don't
bring their appointment cards to the
portrait session. No fair way exists to
distinguish between students who
failed to make appointments and
students who made appointments but
forgot their cards, Kyle said.
A nother factor contributing to long
lines and long waits is the amount of
time photographers spend taking
pictures. Appointment sheets allow
five minutes for this, but the
photographers sometimes spend as
much as 20 minutes on one sitting.
"I can understand people getting
upset," Kyle said. "But we do have an
obligation to try to take pictures of all
these students."
- MARTHA WAGGONER