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Vol. 72, No. 101
MEMBERS OF THE Undergraduate Student Government held a press conference
pi p, « yesterday to blast the Shapp administration fordragging its feet on courtaction to
anajling tJflQpp aid student voter registration. Pictured, from left, are Russ Bensing, Bruce Shaw,
Rick Wheeler and Jim Fritz.
USG
legal
By JIM WIGGINS
and RICK MISEJKA
Collegian Staff Writers
Members of the Undergraduate
Student Government charged yesterday
-that political considerations have caused
the Shapp administration to back-down
on a promise to take legal action
facilitating student voter registration.in.
Centre County.
Bruce Shaw, secretary of the USG
political affairs department, told
newsmen at a press conference
yesterday that state Justice Department
officials have become increasingly
disinterested in the fight to gain voting
rights for students in the county.
The reason, he charged, is the Shapp
administration has taken sides in the
local primary race for state represen
tative. Shapp favors the incumbent,
In race for state rep. 1
NDC backs ‘Mike *
The New Democratic Coalition, a
newly revived student group, last night
endorsed Marianne “Mike”’ Van
Dommelen for Democratic state
representative in the 77th District.
Approved unanimously, the resolution
states “Mrs. Van Dommelen has proven
that she is a genuine voice of progressive
political reform, meaningful social
change, defense of civil liberties, and
above all honesty and sincerity with
the public and her constituents.” ' '
The resolution faults her incumbent
opponent, State Representative" Galen E.
Dreibelbis,'for neglecting problems of
the elderly, supporting business in
terests over consumer interests, op
posing granting local voting rights to
University students and opposing pro
labor legislation. .
. Informed by The. Daily Collegian that
the NDC had thrown its support to her,
Mrs. Van Dommelen said, “It’s a very
heartening endorsement. I’m'very"
happy to have them on my side ..and
working for me.” -
State Representative Dreil
not be reached for comment
According to Bruce Shaw, the new
lobbyist
ITT
memo
WASHINGTON (AP) A physician
testified yesterday that Dita D'. Beard
was under severe, periodic mental
stress at the time she prepared a memo
involved in accusations against ' the
‘lnternational,Telephone.and Telegraph
•Gorpr—and—ojfficials -of —
Department.' J "
Mrs. Beard, a lobbyist for ITT, is in a
Denver hospital.
The ITT controversy has delayed
Senate action on the appointment, of
Richard G. Kleindienst to succeed John
N. Mitchell as attorney general. 1 „
Mrs. Beard’s doctor, _Dr. Victor L.
Liszka, a heart surgeon of Arlington,
Va., said that she denied tohim that she
meant to imply any connection in the
memo between an antitrust suit against
ITT and an ITT pledge of-$400,000 to the
Republican National Convention.
In testimony before the Senate
Judiciary Committee, Liszka said he has
been treating Mrs. Beard for what he
described as a serious heart ailment. He -
said she frequently combined alcohol
with tranquilizers to overcome mental
6 pages
says state
action on
Rep; Galen E'. Dreibelbis, Shaq said,
while the challenger, Mrs. Marianne
Van Dommelen,-is expected to garner
heavy student support. 6
For this reason, Shaw charged, “The
Governor’s Justice Department sud
denly is delaying legal action which
would encourage students and other new
voters to.register^in.Centre County.”..
USG Vice President Jim Fritz charged
Shapp with practicing “a politics as
cold-hearted and powerful as any
political governor in the past.”
Fritz, Shaw and Rick Wheeler,
another USG official, maintained county
officials, by requiring proof of long-term
residency intent,lhave made.it difficult
for students to register to vote.
Shaw said the Justice Department has
become increasingly reluctant to
provide assistance in changing local
president of the NDC,, by endorsing Mrs.
Van Dommelen, members could cam
paign for her among students. He
suggested the NDC set up an information
table for her campaign in the Hetzel
Union Building.
Shaw said the NDC began before the
1970 elections. Members were active,
mainly during the primaries, working
for the election of Gov. Shapp and
others.
In the fall, the NDC voted to merge
with the.-College Young -Democrats
because they were working closely
together.” However, the possibility of a
separation was-discussed for two years-.
“The Young Democrats are more or
-less-concentrating-on-national-election
posts,” Shaw said. “Through the
Coalition, supporters of national can
didates can unite behind local ' can
didates.”
At the meeting,' Fern Itzkowitz (7th
education of exceptional children-
Scranton) was elected vice president,
Sam' Trosow (sth-libera 1 arts-..
Philadelphia) as secretary and Mark
Jinks (6th-liberal arts-State College) as...
treasurer.
Ibis could
implication
depressions brought on by her heart
trouble.
.The memo, which Liszka said Mrs.,
Beard acknowledged as being hers, .was
written to her boss and later was
published by columnist-Jack-Anderson. 1
Kleindienst, .deputy attorney general
under-Mitchell, won unanimous Senate
Judiciary Committee ', endorsement
before Anderson's allegations were
published last week. He has been acting
general attorney general since Mitchell
stepped down last Wednesday to take
charge of President-Nixon Js-re-election—
campaign;
At yesterday’s hearing -a statement
from Solicitor General Erwin Griswold
was read, describing •' a meeting
Griswold had with then antitrust chief
Richard L. McLaren and Kleindienst in
the Justice Department last April 18 or
19.
J Griswold said in the statement,
requested by Sen. Edward M. Kennedy,
D-Mass., that he was .summoned to
Kleindienst’s office and asked how far
along was legal action in an antitrust
action involving ITT and its subsidiary
Grinnell Corp. t :
Wqt Hatljj (£oU?gt
denies
Published by Students of The Pennsylvania State University
University Park, Pennsylvania Tuesday, March’7,l972
—photograph by Jim Nichols
slows
voting
registration requirements even to the
point of refusing to talk j'with USG
members.
“We' would ' sometimes phone the
Justice Department for a few days in a
row, and the secretaries’ answers would
be the same the officials were not in
their offices or were busy at meetings.
“If we left messages-to please phone
us when they returned, the calls were
rarely completed,” he said.
In a printed statement released at the
press conference, the USG members
said they sent a “strong letter of
protest”_to Governor Shapp on Feb. 18
complaining about* the treatment they
received from-the Justice Department.
•/ \ '■*' - /
Avreply from the Governor, they' said,
indicated court action would be initiated
by the state against the county before
Feb. 25.
After more delay, they said, the
Justice Department told USG it would
file a brief in Commonwealth Court
yesterday morning challenging Centre
County voting requirements.
“At this time we cannot confirm if
they have in fact finally done what they
promised to do nearly tigp months ago,”
Fritz said. “They were hoping of course
that we would, in return, cancel this
conference or tone down our remarks.
But we can no longer play their game.”
The USG members lashed into Shapp
, for not. living up to his promises of
reform within the Democratic Party.
Noting the recent wave of-patronage
firings in the 77th District interpreted
by some as - a - move by Shapp to
pressure Mrs. Van Dommelen out of the
primary they charged the Governor
with using his political power against
students, “one of the groups which has
been in the - forefront of the political
reform movement.”
Th - e~TJSG~attack~~onthe~Shappad-~
ministration adds yet another milestone
in the rocky road to student voting rights
in Centre County. „ , -
Last October, Centre County Judge R.
Paul Campbell ordered 195 students
stricken ' from county- voting rolls
because they did not meet residency
requirements, and- ' placed ~ the
registrations of 350 others into question.
The State Supreme Court, meeting
Nov. 9, overturned Campbell’s ruling'
and validated the students’,
registrations.
Since then,“however, county elections
officials have established a stringent set
of residency requirements which are
preventing many students from voting in
local elections.
USG hopes to prove in the courts that
many of these requirements are illegal,
thus making it easier for students to vote
here.
Keddie supporters
to present petitions
Students for Keddie is calling for student support at.,12:30 p.m.-, Wednesday
on Old, Main lawn when they present University President Oswald with
petitions supporting labor professor Wells Keddie.
TheTeare"threedifferent petitions: The first arfd'most-publicized contains the
signatures of 9,500 students. The second has 130 signatures of students and
former students of Keddie which testify as to his capabilities to a teacher. The
third is letters from the Association of Residence Hall-Students, Organization
of Town Independent Students, Academic-Assembly, Inter-fraternity Council
and the Association of Woman Students, asking that the various petitions be
given just consideration as legitimate presentations of student opinion.
Tentative speakers include- a. representative from the Undergraduate
Student Government; Debbie Garrett, head of Students for Keddie; a faculty
member working on the case, and Keddie himself.
Oswald will be given April 7 as a deadline for a reply the last day Keddie
can respond to other job offers which he has received, Ms. Garrett said.
‘.‘lf he finds it impossible to give a rational, fair decision by April 7, then
Students for Keddie is asking that Keddie be retained, in his present capacity
for one year, so that a rational decision can be reached,” she said. —BS
University replies
to HOPS charges
By BARB SNYDER
Collegian Senior Reporter
Striking at the basic foundations of the
Homophiles of Penn State’s, lawsuit
against the “University, “ the defense
yesterday filed its preliminary ob
jections in Centre County court.
The preliminary objections hit upon
many crucial points raised by. HOPS in
its suit even to the point of denying
that the University, had violated HOPS’
freedom of speech and assembly.
“It looks like they are going to throw
everything they can at us,” was th*
reaction of HOPS attorney Richard
Isaacson when The Daily- Collegian,
which had received the objections before
the lawyers, read them to the Pittsburgh
lawyer over the telephone.
Although he did not have the ob
jections in front of him for close
scrutiny, Isaacson said on first hearing
them that “all of them are going to take
lots of work and research before they
can be answered.”
Named as defendants in the HOPS suit
were University President Oswald;
Raymond 0. Murphy, vice president for
Student affairs; William Fuller,
manager of the Hetzel Union Building;
M. Lee Upcraft, dean of student affairs;
the University Trustees and Albert
Shoemaker, chairman of the Trustee's.
The HOPS suit, filed Feb. 11, sought to
establish that these people had violated
both First and Fourteenth Amendment
rights of HOPS.
HOPS claims abridgement of First
Amendment rights because it has been
denied the right to speak and educate on By JOYCE KIRSCHNER • director of the —Delaware —County-
campus. \ j ~ Collegian Senior Reporter Campus; and Thomas Wartik, dean of
University President Oswald has the College of'Science, are represen
named a, 12-member..advisory- com-• tatives from the administration,
mittee to recommend candidates for the .'The students chosen are Steven
position of Provost of the University.-''' Arkans," president of the Academic
The position was vacated when past Assembly; Tom Ingersoll, president of
University provost Paul M. Althouse the''Graduate Student Association, and
died of a heart attack Feb. 4.-Since that /John K. Casciotti, Commonwealth
time, Russell E. Larson, dean of the' Campus representative to the University
College of Agriculture, has filled in a's Council. '’ .... ~ ._ . '
interim provost. In his lette?-'inviting the members to
As.. Larson...promised, the committee serve on the provost committee, Oswald "
represents the University community. It asked the ■‘Committee to “assist in
consists of six faculty members, three identifying and screening potential
administrators, and three'students. candidates for the position of provost
Donald R. Olson,/ professor of and "to make recommendations to me
mechanical engineering, will serve as from which I may nominate a candidate
chairman. The other faculty members, to the Board of Trustees.”-
recommended by'the University Faculty Oswald will meet with the committee
Senate, are; Charles N. Cofer, professor Wednesday for its first session,
of psychology-, Richard Craig, associate According to Olson, no plans for
professor/of plant breeding; Helen A. making nominations have been started.
Guthrie; associate professoifdf foods and “We must wait to hear the President’s
nutrition; Thomas F. Magner, associate charge and then set-the criteria for our
dean in the College of the Liberal Arts selection,” he said,
for graduate studies and research; and .Olson said he feels the committee"
■'Ronald J. Harshbarger, assistant should be as open as possible and should
professor of mathematics, Beaver, have a wide range for nominations.. “The
campus. - students, faculty, and administration
- Robert E. Dunham,, vice president for' should have inputih identifying potential
undergraduate studies; John D. Vairo, candidates”’ he said.
Fourteenth Amendment freedom of
“equal protection of the law” has been
violated, HOPS charges, because the
University has denied it a charter, but
has granted charters to other
organizations.
The preliminary objections raise the
following points:
—HOPS failed to establish a “cause of
action” against the University; in other
words, no constitutional rights v were
.violated;
—HOPS has neither a constitutional
nor a legal right to a charter, and the
University’s refusal to grant them a
charter was a “valid, non-arbitrary
exercise of discretion by defendant
University officials acting upon the basis
of educational policy.” •
—HOPS must state “with more par
ticularity” exactly which rights have
been deprived by the plaintiffs in the
case and how these rights have been
violated;
—HOPS cannot sue the University in
Commuter service to change locale
Boro knocks airport
By ROD NORDLAND
Collegian Senior Reporter
Borough councilmen last "night
knocked Allegheny Airlines for its
proposal to remove commuter service
from the University Park Airport.
Council President Lawrence Perez,
R., at the regular council meeting, said
the Allegheny proposal “came in the
form of an ultimatum they said you
either approve it or you get the same
lousy service.”
Allegheny’s.proposal is to idiscontinue
commuter flights at University Park
Airport, now run by Clark Commuter
an.
Centre County Court since it is a state
court and HOPS is suing under a federal
statute;
—HOPS cannot sue, under Section 1983
of the Civil'Rights Act since this statute
only protects people who were deprived'
of their rights by persons who have some
connection with the State. '.The
University claims this is not the case
with Penn State.
HOPS attorneys maintain that
because the _University receives state -
money it is closely connected to the
state.
.—The University claims no damage
payment should be. paid to HOPS
plaintiffs.
HOPS, in the suit, asked the court to
protect plaintiffs from possible restraint
or intimidation by the University as a
result of the action.
The University objected to this,
charging that HOPS,fears of retaliation
are merely speculative and-have no
substance.
Attorney Isaacson disagreed. He said
the recent dismissal of Joseph Acanfora,
a HOPS plaintiff, from his student
teaching position at Park Forest Junior
High School validates HOPS fears of
retaliation.
Oswald
provost
Service, and institute Clark service at
the'Midstate-Airport to the tune-of from
six to ll roundtrips daily.
Before the proposal gets approval
from the Civil Aeronautics Board, it
must be ..endorsed by the franchise
jurisdictions: State College, Bellefonte,
Clearfield arid Phillipsburg: Bellefonte
is believed to favor the plan already, and
State College is the only municipality not
likely to favor it. Allegheny asked the
borough council to approve it at last
night’s meeting. .
Council voted to turn down the request,
until, in Democratic councilman James
J. McClure’s .words, “an analytic, un
biased study can be made” of area
airport qualities* ' r
Midstate airport -' would be more
conveniently situated for the other three
communities, but the bulk of 'airport
business would., originate from State
. - - -
Councilman Arnold Addison, R.; said,'
“Much lower population communities
are telling our community what to ac
cept in the way of transportation.” „
Councilmen also commented that the
Midstate service would cost more, and
would require excavation for a road up'
the mountaiiV-to_-the_airport If_the _
Allegheny proposal is not accepted, the
company plans to keep the present
schedule of two flights daily.
Perez complained that Civil
Aeronautics Board officials have not
Been interested in State College’s
position in the airport plan for Central
Pennsylvania.
In other business, council postponed
action on a borough council ordinance
regulating service- stations in State
College until the April meeting,
Amendments to the ordinance which
would make it applicable to existing
service stationsare under study.
BULK RATE
U.S. POSTAGE
4 cents paid
°State College, Pa/16801
Permit No-10
In its preliminary objections, the
University also argued:
—HOPS cannot sue . the University
under a class action since the “plaintiffs
do not constitute a proper class, in that
members of the class are not capable of
being identified;”
—the HOPS’ accusation that defen
dant Murphy holds an “antipathy -
toward and fear of gay people and their
problems,” is “impertinent, irrelevant
_and scandalous;”
—HOPS has failed to state a cause of
action against defendant Albert
Shoemaker, chairman of the University
Trustees, and the University requests
the Court to “enter judgment in favor of
defendant Shoemaker in his individual ■
capacity.”
HOPS maintains that as chairman of
the Trustees-he is ultimately responsible
for all its decisions.
HOPS attorneys now have three
courses otaction.according.to Isaacson..
They - may amend their original
complaint, file preliminary objections to
the University’s preliminary objections,
or answer the preliminary objections in
court.
Delbert McQuaide, the University’s
lawyer, refused to comment.
charge
committee
proposal !
A March 29' public hearing date was
set-for-airing of the final draft of the
borough’s Comprehensive Plan, which '
includes proposals and plans • for
modernization of develop
ment of malls and landscaping of public
streets, in-addition to other features.
. Council agreed to' take action at its
next meeting on an ordinance
establishing rules and permit
procedures for public parks in the
borough. Police Chief Herbert Straley
expressed concern over the enforcement
provisions of the ordinance and asked to
study it before passage.
After some discussion, it was agreed
that speedy appeal procedures would be
worked but for persons denied use
permits by park authorities. This was
brought into discussion after Coun
cilman Allen D. Patterson, D., referring
to the 1968 Democratic Convention in
Chicagori said,- “iook—what_happened
after the city forbade a permit to use
park facilities across the street.from.a
college campus.”
'Street warfare had ensued.
Perez pointed out, “Well, HOPS could
come in" and have trouble getting a
permit. He was referring to Homophiles
of Penn State, a group which is now
involved in a suit with the University.
An ordinance was received, but not yet
acted upon, concerning more stringent
fire safety inspections for State College
businesses.'The measure, supported by
the Downtown Merchants Association
and the Chamber of Commerce,' is
thought to be an outcome of the recent
fire on Allen Street which destroyed four
stores. . c .
Announcement was made of a meeting
of the Home Rule Study Committee, 7:30
p.m. Thursday in the • Municipal
Building, South Fraser Street.
Seven cents