Here to stay
It will bo sunny and warm
through Wednesday. The
high should be in the mid
603 and the low in the 40s.
M lit p
Festival events
The Fine Arts Festival
continues today with several
offerings. See page 3 for
festival details.
Serving the students and the University community since 1893
VcSunio C3, Issuo Mo.
Tuesday, March 20, 1979, Chapel Hill, North Carolina
Please call us: 933-0245
After Monday marathon
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DTHKim Snooks
Ctucfcnt Supreme Court Chief Justice Roy Cooper (left) and Justice Greg Porter
. . .eight-hour hearing ends Monday without verdict
By BEN ESTES
and MARTHA WAGGONER
- Staff Writers
After hearing more than eight hours of
testimony and argument in Allen Jernigan's
challenge of the Feb. 21 Daily Tar Heel editor
runoff, the Student Supreme Court decided
Monday night to sleep on it and resume
deliberations at 3 p.m. today.
The court will meet in chambers in Suite C of
the Carolina Union. "Tonight we're just going
to lay down the issues we need to decide,
Student Supreme Court Justice Roy Cooper
said after the hearing. "We're going to outline
our homework and go home to read cases.
"I'm mentally exhausted. I'm going to sleep
on it," he said.
Throughout the day Monday, the Student
Supreme Court heard arguments on both sides
as to whether another election should be held
due to irregularities in voting and in the
certification of the runoff.
Editorial candidate David Stacks and
Elections Board Chairperson Jil Linker are
named as principal defendants in the suit.
Suzie Mitchell, student attorney general and
counsel for the Elections Board, said the defense
must accept the poll-opening times contained in
DTH candidate Allen Jernigan's brief as fact.
"However, no one factor is enough," she said.
"No one at the Elections Bpard or in Suite C was
notified to rectify this (late openings and other
irregularities). No one was aware of it that could
do anything about it."
Craig Brown, counsel for Stacks, supported
Mitchell's statement. "No where had the .
plaintiff shown that the outcome of the election
was affected by these regularities. No where
had fraud been proven or even suggested.
"We ask the court to uphold the will of the
student body," Brown said in his closing
remarks.
David McKinnon, counsel for Jernigan,
argued that the certification of the election 168
hours after it occurred, rather than the 96 hours
specified in student statutes "has created an
atmosphere extremely unfavorable to the
cooperation of witnesses." Because of the five
days in between the board's reversal of its first
decision not to certify the race and due to Spring
Break, "memories were irreparably damaged,
attitudes changed because people felt it was a
dead issue," McKinnon said.
But Mitchell said the defense had not had
problems with uncooperative witnesses and she
could only take this to mean that the will of the
people is that David Stacks be' DTH editor.
Debate in the court centered on McKinnon' s
claim that the clear probability for fraud is
enough evidence to call for another election and
on Mitchell's claim that there was no evidence
of actual fraud or need for another election.
Both counsels used past cases to back up their
claims and both tried to define "reasonable
probability" as stated in student statutes of
fraud.
Discussion also focused on which candidate
was most affected by the late openings of polls.
Jernigan contended that because many
irregularities occurred in off-campus boxes
which he won in the first election, he lost the
most votes.
But Mitchell said voters for Stacks as well as
voters for Jernigan could have been
disenfranchised by the late openings. "Errors
must be proven prejudicial to the plaintiff,"
Mitchell said. "Existence of some irregularity is
not enough."
However, the plaintiff held that the
irregularities of the election runoff created a
strong probability that the outcome had been
changed. "We've established that there was
error," McKinnon said. "And we've established
that it was an especially substantive error in this
case."
The errors which the plaintiff claimed
included late openings of boxes, partisans
tending the polls, uncertainty on the part of
some voters as to what time the polls would
open, and the absence of records of polltenders.
foil says Uoo talks with Arabs
Dolate9 rather than substantive
By JIM HUMMEL
y Sun Writer
The recent journey to Arab nations in
the Middle East by an American
delegation seeking Arab support for a
peace treaty between Egypt and Israel
was merely a "matter of politeness," says
UNC political science professor Edward
Azar.
Azar, who has consulted for high
Middle Eastern and U.S. government
officials, is involved with government
activities pertaining to the peace process.
"I think the Brzezinski trip is too late,
and the American government knows
that," Azar says. He said he doubts the
U.S. government expects any major
development from the trip.
Zbigniew Brzezinski, President
Carter's national security adviser, met
with the leaders of both Jordan and Saudi
Arabia Saturday and Sunday but failed
to change their stands in opposition to a
peace treaty.
King Hussein of Jordan is dissatisfied
because Carter did not consult him
during the Camp David talks last fall.
Arab pressure on Hussein has been
increasing and Israeli policy on West
Bank Palestinian settlements provides
Hussein with no incentives to join the
peace process, and the weekend meeting
apparently failed to substantially change
his position.
"The Americans expect that there will
be opposition to the Egyptian-Israeli
treaty, possibly even a violent reaction,"
Azar says. "The PLO (Palestine
Liberation Organization) has threatened
to make the atmosphere of peace very
undesirable.
"The Americans are worried about the
Baghdad Conference, which stated that
when Egypt signs a peace treaty with
Israel, the Arab League headquarters will
move out of Cairo and an economic
boycott which is now applied to Israel
will be applied to Egypt as well."
Saudi Arabia has threatened to cut off
$1 billion in aid to Egypt. The United
States probably will supply Egypt with
the difference, but economic
considerations are not as important as the
implications of peace, Azar says.
"Right now the U.S. sends about $2
billion a year to Israel and $1 billion to
Egypt anyway," he says. "Having to
support Egypt would be an added
burden, but more important is the
isolation of Egypt from the rest of the
Arab world.
"Since the American interest is in
trying to get an overall peace treaty, the
trip Brzezinski is taking is extremely
serious."
U.S. relations with both Saudi Arabia
and Jordan have worsened in recent
months. The Saudis have been unhappy
with American involvement in the peace
treaty and feel the United States did not
makea strong enough attempt to save the
Shah of Iran's government.
"We definitely have a tense
relationship with the Saudis," Azar says.
"They, also, were not consulted at the
Camp David talks.
"As for Hussein, there is nothing in the
deal for him. Sadat had the inducement
of the Sinai, but the West Bank is not
being given to him."
Much of the Arab opposition to the
treaty is based on their feeling that the
treaty will be of greater benefit to Israel
than Egypt, Azar says.
One aspect of the peace treaty involves
control of air: bases on the Sinai
Peninsula. Israel wants the United States
to take over bases that would otherwise
go to Egypt.
"I think that the air bases Egypt will
take over will be hospitable air bases for
American forces," Azar says. "I think the
United States will use these air bases in
time of need, to have an American
presence in the area and protect the
smooth flow of oil throughout the Red
Sea and Persian Gulf.
"Because of this, the investment the
U.S. has decided to put into the Egyptian
Israeli peace situation is probably worth
it."
Some estimates have gone as high as
$ 10 billion over the next several years, but
government officials say the figure is
closer to $5 billion. However, Azar points
out, the cost of peace is much less than the
cost of war.
Cabinet OK treaty;
Sinai pact pending
I
Edward Azar
Azar says the signing of the peace
treaty, expected in the next few weeks, is
very important, but what happens
between Israel and the Palestinians in
occupied areas will be much more
significant for the future of the Middle
East.
"Don't let there be any mistake," he
says. "It's a giant stepin relations, but is
not at all the answer to the question of
peace in the Middle East. The
Palestinians are not going to give up
See AZAR on page 2
New Detq BSndJ If t,j;,
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From Wire Reports
The Israeli Cabinet took its last historic
step toward peace with Egypt on
Monday, approving the treaty nailed
down by President Carter and passing it
to Parliament for ratification. And in
Washington, the defense ministers of
Egypt and Israel concluded talks on
Israeli withdrawal from the Sinai without
agreeing on a timetable.
But while both defense ministers
expressed confidence a treaty between the
two nations will be signed next week,
there were fresh signs in Israel that post
treaty talks on Palestinian autonomy
could run into serious problems.
At a farewell meeting with Egyptian
defense Minister Kamal Hassan Ali,
Israeli Defense Minister Ezer Weizman
said the agreement under which the
Israelis will withdraw from the Sinai and
turn over the oil fields is still incomplete.
Earlier, at the Pentagon, Weizman
concluded talks with U.S. defense
officials and told reporters: "Everything
is settled." But then he departed for the
final session with Ali, which he said
would "finalize everything."
And, meeting with Ali at a downtown
hotel, with reporters present, Weizman
said the agreement was not complete.
He said the unresolved question is
precisely when Israel will withdraw from
the Sinai oilfields it developed after
capturing the Egyptian territory in 1967.
The dispute is over "a stupid 60 days or
90 days not much," Weizman said.
An American source said Weizman
was "imprecise" about the status of the
talks when he talked to reporters at the
Pentagon, perhaps due to his elation at
winning a compromise military aid
package of $3 billion instead of the $2.5
billion the United States offered.
"I'm convinced we can complete it. I'll
be extremely surprised if we don't," he
said. Ali nodded in agreement.
Weizman said eight Israeli Cabinet
members are planning to fly to
Washington for a signing ceremony. He
said the ceremony is tentatively scheduled
for next Monday morning in the White
House so that it can be televised during
prime time to the Middle East.
The Israeli Parliament is scheduled to
begin debate on the treaty today and vote
on it Wednesday. The treaty passed the
Cabinet by a 15-2 margin. It is expected
to garner more than 100 votes in the 120
member Knesset, the Israeli Parliament.
But the signing of the treaty will open a
new stage in the peace process
negotiating the political future of the
Palestinians. The success of those talks,
scheduled to begin about one month after
the treaty is signed, may rest on a
compromise reached by Prime Minister
Menachem Begin with the Cabinet in
order to. secure approval for the treaty at
hand.
Begin agreed to demands of Cabinet
right-wingers that Israel take a tough
stand before opening the talks on the
Palestinian question. Right-wing
See CABINET on page 2
After meeting with Friday
Student maintains HEW stand
an skirmish leaves 170 dead
TEHRAN, Iran (AP) An uneasy cease-fire settled over northwestern Iran
Monday night after a day of battles between Kurdish rebels and forces of Iran's
new revolutionary government.
Reports from the scene said at least 170 people were killed and that rebels
held the radio and television station at Sanandaj, scene of most of the fighting.
Radio Tehran said the cease-fire was arranged by the military and by leaders
of the rival Sunni and Shiite Moslem sects.
In Tehran, remnants of what once was the Persian Gulfs most powerful
army paraded in the streets in a show of support for Ayatollah Ruhollah
Khomeini and the Islamic revolution he led to topple the shah and his
monarchy last month.
Meanwhile, American feminist leader Kate Millett arrived in Paris after
being sent packing by Iranian officials who objected to her feminist activities.
i -
Contempt order against Bell vacated
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DTH Ann McLaughlin
Leo Vsrshsuer
...hasn't changed mind
From Staff and Wire Reports
Leading a pro-HEW protest last Friday has meant more work
for Leo Warshauer than he originally expected, although he said
a meeting Monday with UNC President William C. Friday hasn't
changed his thinking any.
At the meeting, Warshauer, a junior from Greenville, was
greeted by a mass of reports prepared by the UNC Board of
Governors assessing deficiencies on the predominantly black
campuses and the board's plans to correct them. "There's your
homework for the next week," said Friday, handing Warshauer
the ponderous reports, including the plan for the elimination of
racial duality and a building study completed in August 1978.
Friday said many persons were not even aware the building
study had been done. This study examined every building on the
predominantly black campuses, assessed repairs that were
needed and estimated the cost.
HEW's tour of the university system created the impression
that the Board of Governors had not moved on this issue, said
Friday. However, he added that the group was fully aware of the
report before its visit to the UNC system.
You just can't renovate everything at once," Friday said.
"We're talking about 100 years we're trying to correct."
Friday added that the report identified many deficiencies on
the campuses, and the Board of Governors was committed to
remove the conditions. "Its six years of work, so you just can't
snap your fingers and have it happen," Friday said.
"We have never said all the deficiencies have been removed.
but that we will continue to remove them," Friday said. He added
that the five schools which teach 1 3 percent of the students in the
university system are now receiving 18 percent of the money for
capital improvements in the system.
When Warshauer asked why the .HEW dispute was still
dragging on. Friday replied, "It's because they won't settle with
us. It's their problem."
Commenting on the meeting, Warshauer said it still seems that
the University "is moving at a snail's pace" in dealing with the
situation. Now that he has the information regarding the five
predominantly black institutions, Warshauer said he will
compare it to information regarding the rest of the institutions.
Meanwhile on Monday, federal officials were expected to meet
for a late strategy session to discuss the next move in their battle
with UNC.
Friday told the Board of Governors last week he was
"confident something will happen Monday," although he did not
know what.
It was not clear from sources in Washington whether HEW
Secretary Joseph A. Califano Jr. and his civil rights chiefs would
make a decision at the meeting or simply discuss the options
available to them.
While they have refused to accept North Carolina's plan for
desegregating the formerly dual state college system, HEW
officials have so far declined to reject it formally, despite the
passing last Wednesday of a federal court's deadline for a
decision. C"""-
NEW YORK (AP) A contempt of court order against Attorney General
Griffin Bell for refusing to identify FBI informants was vacated Monday by the
2nd U.S. Circuit Court of Appeals. ,
The appellate court directed U.S. District Judge Thomas P. Griesa, who
riteid Rell for contemDt in Julv 1978. to impose some sort of "issue-related
WTtTppealIareTVcodcrS a significant fir. of the government's SG WaitUlS fOT tHwd bdllCL POStpOUSS ticlSt SUlSS
contention that it had a right to default in certain court actions and pay O J s JL JL
monetary or other penalties rather than disclose the identity of its informants
and endanger their lives and national security.
The current dispute arose in a case before Griesa in which the Socialist
Workers Party seeks $40 million in damages for alleged illegal acts by the
government during FBI surveillance of its members since 1938.
By PAM HILDEBRAN
Staff Writer
sales even though it might have the appearance of doing
so.
Carter, aides meet on energy
WASHINGTON (A P) President Carter huddled Monday with the vice
president and senior economic and energy advisers, wrestling all day with
options to cut disruptions caused by the shortage of Iranina oil.
The president summoned the officials to the presidential retreat at Camp
David for discussions focusing on oil price controls, his wage and price
guidelines and the impact each can have on inflation.
With the concert date only four weeks away, Student
Government is still waiting to hear from a third band to
play with J immy Buf fett and Nantucket at the Springfest
extravaganza in Kenan Stadium, Student Body
President J.B. Kelly said Monday.
Kelly would not reveal the name of the group under
consideration, but did say that it would be a black band.
Tickets for the event were scheduled to go on sale
Wednesday, but Kelly said the date would be postponed.
Publicity for the concert is supposed to start Friday, he
said.
Kelly said he does not think the delay will hurt ticket.
"We're sort of at the mercy of the promoters," Kelly
said. ?It's not like there's not going to be another band.
Beach Club was contracted to find three bands and there
will be three bands."
The normal time for selling tickets is three or four
weeks, Kelly said. People are worried because there has
been a lot of publicity about the event, he said.
Ticket distribution sites still have not been chosen,
Kelly said.
Springfest Committee chairman Jay Tervo said he
will meet with promoter Wilson Howard today to
discuss the concert. Kelly said they hope to have a
definite commitment from a band in a few days.
"The reason (for the delay) is that the promoter is
trying to find a third band," Kelly said. "The way they go
about it is they offer a band a sum of money and have to
wait for a reply." Kelly said a band then waits to see if it
can get a better offer from someone else if it can work the
concert into its schedule.
"That's what happened with Firefall," he said. "They
had a commitment in Chicago and couldn't come."
Tervo said he met Monday with Andrew Vanore, state
deputy attorney general, to go over the contracts for
Buffett and Nantucket. There were no legal problems
with the signings, he said.
The concert is scheduled for April 21 with a rain date
set for April 22.