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Weekend roundup
There were other Tar Heel
sports played this weekend
besides basketball and
wrestling. See page 5 for the
weekend results.
Tho rain hasn't finished yet,
C3 showers are expected
today, tonight and Tuesday.
Temperatures should be in
tha mid-SOs during the day
and near 30 tonight.
iJ
Serving the students and the University community since !H9j
Monday, February 26, 1979, Chapel Hill, North Carolina
Please cc!! us: 933-0245
Student court to rule
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Dy EDDIE MARKS
Staff Writer
The Daily Tar Heel editorship Friday was placed in
limbo when the Elections Board voted not to certify the
results from Wednesday's runoff election between D 77
candidates Allen Jernigan and David Stacks.
The board made its decision at a hearing Friday
afternoon after Jernigan complained about
irregularities at the runoff polls. Jernigan presented
petitions which said many people did not get a chance to
vote because several polls were not opened on schedule.
Stacks won the runoff by about 200 votes.
Elections Board Chairperson Jil Linker said a new
runoff election will be held March 14, but Stacks said he
will appeal to the Student Supreme Court to overturn
the board's decision. The case will be the first the court
has heard since January 1976. None of the present court
members has ever heard an elections case.
"I feel like we have a good case," Stacks said. "In years
past the Student Supreme Court has been reluctant to
call for a new election.
"The court will have to consider how the Elections
Board applied the election laws to this case. 1 think the
board had no grounds to refuse to certify this election. 1
think ihzx they tcted improperly."
Stacks said Student Government Executive Assistant
Craig Brown will represent him at the Supreme Court;
hearing. Brown was instrumental in writing the current
election laws.
"We feel that the Elections Board acted improperly
because Jernigan did not file a formal complaint,"
Brown said. "The Elections Board is a regulatory body.
It cannot act on its own initiative.
"There is also no proof that the poll irregularities
damaged one party more than the other.. You can't say
that the low voter turnout was caused by the
irregularities. I think it was caused by the bad weather
and the fact that there was only one major race on the
ballot.
"It is our belief that the board's decision was not based
on the law but rather on what they feel is a moral
obligation to hold a fair election."
Although he did not file a formal protest at Friday's
hearing, Jernigan said he did reserve the right to appeal
to the Supreme Court if the board certified the runoff
results.
"1 think 1 have given prima facie evidence that the
election was materially affected," Jernigan said. "1 felt
that I owed it to my supporters who worked so hard
during the campaign to bring these grievances to the
board's attention.
"1 think it was very magnanimous on the part of the
Elections Board to say they goofed and couldn't certify
the election. 1 think if the board says the election was
mismanaged, then we ought to go out and do it one more
time." - ;'
Controversy continued to surround the board's
decision, however, as sources close to the campaign said
Stacks has said that at least one of the five Supreme
Court members who will hear his appeal was linked to
the Stacks campaign. ; V -1 ; , v '
But Stacks denied the reports, saying that none of the
court members ever worked for his campaign staff,
"I've never even met three of the court members,"
Stacks said. "I asked Roy Cooper to help with the
campaign before I knew he was on the court, but he
didn't help us. 01 course I know Greg Porter (former
DTH editor, also on the court) real well, but he never
helped us either."
The court members also denied any involvement
with either the Stacks or Jernigan campaigns.
"1 was totally neutral in his (Stacks') campaign, as I'm
sure all the candidates could tell you." Porter said. "1
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DTH Ann McLaughlin
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See RERUNOFF on page 2
Craig Brown (left) will represent Stacks before court
...first case for Chief Justice Roy Cooper (right)
eptmrwte
9
By MARK MURRELL
Staff W riter
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ChcnccHor N. Ferebee Taylor (right) with HEV's David Tatel
...walked campus Friday as part of statewide tour
Department of Health. Education and
Welfare officials who made a three-iay
swing through the UNC system last week
say the state's effort to upgrade its black
institutions is a case of too little too late,
and that the state has failed to make up
for past neglect.
The officals. who were in Chapel Hill
Friday to tour the campus, met with
Chancellor N. Ferebee Taylor, saw the
core of the campus and had an
unexpected meeting with members of the
Black Student Movement, before
lunching with President William C.
Friday and traveling to Elizabeth City
State University to conclude their tour.
When the H EW officials arrived at
South Building, they met withTaylor in a
mornfng metinf T6"d;iscuss admissTon'of '
blacks, desegregation plans of the
University, recruitment of black students
and the role of blacks in administrative
positions.
"Chapel Hill is a flagship institution
where the professions are taught in all
varieties," said Mary Berry, assistant
secretary of education. "It is a widely
respected institution. We are particularly
interested that black students have the
right to attend it."
Taylor gave the group a report saying
black enrollment in the freshman class
has increased by 33 percent from last
year. But later in the day. members of the
BSM met with Berrv and David S. Tatel.
director of HEW's Office of Civil Rights,
and told them qualified blacks had been
refused admission to the institution.
The HEW officials must decide by
March 14 what to do about plans ol the
UNC system to desegregate its 16
campuses. If thev find UNC is not in
compliance, they could act to cut off
federal funds to the UNC system which
total $90 million a year. Observers say the
chances of HEW and UNC reaching a
settlement by the March 14 deadline are
slim.
After meeting in the chancellor's office,
the HEW group produced umbrellas to
face the rain while touring the core of the
campus. Berry led the way. taking notes
on all that she saw.
When asked to see a typical classroom
building, the group was taken to
Murphey Hall, which was built in the
early 1920s and now houses the classics
See HEW on page 2 - I.. : J
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HEW official Mary Derry with BSf.1 head Allen Johnson
M repeats charges dtiriiig visit
By MARK MURRELL
Staff Writer
The Black Student Movement held a demonstration Friday
calling for immediate action on desegregation by the Department
of Health. Education and Welfare, after BSM chairman Allen
Johnson and Byron Horton. president of the North Carolina
Black Coalition, met with HEW civil rights officials Mary Berry
and David Tatel. t .
About 75 students marched to South Building while shouting.
"No more talk UNC we . want action HEW." The
demonstration was held to show that the concerns expressed in
the meeting were concerns of the mass of black students. Johnson
said.
Chris McCauley. A BSM member, met Berry during the
officials' walking tour of the campus in Wilson Library and
requested that the HEW officials meet with students. 1
"The University officials would not give us your itinerary,"
McCauley said. He said BSM representatives were interested in
talking to the officials because there were many things that the
HEW officials should know before leaving the campus, v
Berry said the officials were interested in talking with the
group, and a meeting was set up for the end of the tour in Dean
Hayden B. Renwick's office.'
At the meeting. Johnson and H orton accused the U niversity of
denying admission to qualified black students. Renwick charged .
! See BSM on page 2
Heel
win
bye
(sbaFOiiiiia
.Duke
split AG G title
ii -
By LEE PACE
Sports Editor
DURHAM Jim Spanarkel's last home game. The Atlantic
Coast Conference regular season championship riding on the
outcome. More than 8,000 noisy basketball fans, some of whom
had been waiting in line for tickets since Wednesday afternoon.
Duke and Carolina. Dark blue vs. baby blue.
A fitting climax, it seemed, to another winter of ACC madness.
And it was only one year ago they were doing the same thing for
the same ACC pennant, only that time it was in Chapel Hill's
Carmichael Auditorium, and it was Phil Ford's farewell.
Carolina won that classic by four points.
This year it was Duke's turn. And though Duke's 47-40 win
wasn't a classic, nobody's going to forget it anytime soon. After
all, Carolina doesn't go scoreless for an entire half very often, and
Mike Gminski doesn't get ejected every game.
But don't bother the Blue Devils with picky details at this
point. Bill Foster's just relieved his team was able to salvage one
half of the ACC championship, a prized commodity the experts
said in November the Blue Devils would acquire with relative
ease.
And although the Tar Heels are still scratching their heads
over what happened in Cameron Indoor Stadium Saturday, their
half of the championship was a pleasant reward for what many
felt would be an off year for Dean Smith and Carolina.
So much for predictions.
Carolina entered the game 9-2 in the league, Duke 8-3. Duke
needed a win to force a tie, while a Tar Heel victory would have
given them their fourth consecutive ACC title.
Everyone involved expected another of those wild and woolly
race-horse basketball games.
Again, so much for predictions.
Duke had been clobbered by 21 points three nights earlier
when Clemson used a deliberate, spread offense, so Smith
thought a similar attack might negate the Duke running game,
which, when clicking, can be awesome, and might help negate
Duke's homecourt advantage.
So much for planning.
Little did Blue Devil freshman Vince Taylor realize, 30 seconds
into the game, how important his follow shot of a Gminski miss
would be. That gave Duke a 2-0 lead that allowed it to sit back in
its zone when Carolina came downcourt.
See SPLIT on page 5
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Commissioners again nix
Press building approval
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By TYRE THOMPSON
Staff Writer
The future of the proposed University
Press Building remains unclear after
Chapel Hill's Historic District
Commission voted 5-4 Thursday to deny
for the second time University officials'
request for a Certificate of
Appropriateness. r.
Commission members opposing the
building 1 cited its size as the major
problem. jJniversity officials did not
indicate what they would dp next.
Last October, the commission first
voted to deny the certificate, which is
necessary to build on land within the
Historic District. University officials
questioned the applicability of the
commission's certificate and legal action
between the town and University seemed
imminent until the. two parties resumed
negotiations concerning the building's
appearance.
The commission subsequently
amended its rules of procedure two weeks
ago to allow the U niversity to reapply for
the certificate. University architects
changed the roof slope and shape, the
window shapes and the landscaping to
make the building blend better with the
surrounding homes.
Joe Herzenberg. commission
chairman, said the small changes in the
building do not solve the real problem.
"I'm afraid that despite good will
between University - officials and
members of this commission, the original
problem is still there." Herzenberg said.
"It (the building) is just too large."
Commission member Jirri Webb said
ihat although the University's architects
showed originality in their modifications,
they could not disguise the size of the
10,725 square-foot building.
"On my part I have all praise and
congratulations for the planner's attempt
to solve the problem," Webb said. "I
don't believe there is a significant change
in this point (the building's size) over the
previous application."
Although there was no change in the
building's actual size, alterations of the
See PRESS on page 2
Wrestlers win first ACC title,
as 4 Tar Heels take top honors
DIMWiM Owens
Mike O'Koren (right), trainer fJsrk Devls (center) huddle over Al Wood
...Duke center Mike Gminski elbowed Wood to the floor
By GEORGE BENEDICT
Staff Writer
CLEMSON UNCs wrestling team
made it official this weekend in Clamson.
After three straight years of second-place
finishes, the Tar eels won their first ever
ACC wrestling tournament.
Carolina scored 82 points in the
tourney, winning four weight classes.
Clemson and N.C. State tied for second
with 70 points.
For UNC it was a fitting end to one of
its most successful wrestling seasons ever.
During the regular season the Heels were
15-1 overall and 5-0 in the conference.
They had won the regular season
championship, and were favored to win
the tournament.
Four Carolina wrestlers took
individual conference championships.
Two took second in their weight classes.
CD. Mock led the Carolina effort. At
126 pounds. Mock pinned Virginia's
Steve Silverberg at 4:09 to win his second
consecutive ACC title. Mock was also
named the tournament's most
outstanding wrestler.
See TITLE On page 5