Newspaper Page Text
THE RED AND
VOLUME 84. NUMBER 4
Georgia's only collegiate daily newspaper
UNIVERSITY OF GEORGIA* ATHENS. GEOIIGIA MM2
Inside
Steely Dan
comes of age.
See p. 6
FRIDAY. SEPTEMBER 30 1077
T.K. Harty planned student center
By TOM BARTON
City editor
Murdered Athens businessman T.K. Harty had plans to build
a “multi-level student center" on land adjacent to the campus.
The Red and Black has learned
The land, located at 125 East Campus at the corner of East
Campus and Baldwin, is owned by the Southern Railways Corp ,
According to a source close to Harty, he acquired the lease to
the land last summer, and planned to construct another
establishment selling food and beer on the location.
Don Franyo of the Commercial Development Department for
Southern Railways in Washington. D C . confirmed that Harty
signed the lease for the land “back in June or July” for a
period of 20 years.
Franyo said the .95 acre plot had already been re-zoned by
the city of Athens so that a restaurant could be built on the site
But he added that Harty was not the first person who wanted to
lease the same spot of land from Southern Railways
ON AUG. 5. 1970. James C Dunnett of Athens appeared
before a meeting of ihe Athens-Clarke County Planning
Commission, reuqesting a change in the zoning ordinance
governing the land Harty was to acquire later.
According to the minutes of the meeting. Dunnett said he
wanted to establish a small, short-order restaurant on the
property "to take advantage of the pedestrian traffic that goes
from the University campus to River Mill Apartments ."
Almost all customers would be pedestrians. Dunnett said, and
he would anticipate a good lunch crowd and a draft beer
business which would begin after 9 p.m. He added that he would
convert old railroad cars into a restaurant to seat 10 or 15
people each, and would build a sun deck on the outside seating
an additional 20 to 25 people.
BUT THE LAND at the corner of East Campus and Baldwin
was zoned "M-l" (limited industrial district). Under the
existing "M-l” ordinance, the only retail businesses to be built
on the land were “restricted to those serving the needs of
industrial employes such as cafes and restaurants ’’
Dunnett wanted the planning and zoning commission to pass a
motion re-zoning the land from “M-l” to "B 1" (local business
Housing
promises
refunds
By JOEL BURKE
Staff writer
The Department of Housing has
decided to give a refund to triple room
occupants, housing director Daniel
Hallenbeck said Thursday. The mecha
nics of the plan will be worked out by
next week, he said.
Hallenbeck admitted the housing
contract signed by triple room occupants
guaranteed a double room and said this
was due to an error on Housing’s part.
“Mistakenly we neglected to put the
word ‘overflow’ on the contracts which
would legally allow us to house residents
in triple rooms, he said
“Most students understand the situa
tion." he said "Some don’t like it but
most see we don't have a lot of
alternatives."
All triple room residents in Church.
Boggs and Mell have been offered a
transfer to double rooms, Dennis Koharik
resident life coordinator of Hill Commun
ity, said.
Eleven of the forty male triple room
residents have also been offered a
transfer, he added Of these. 20 have
moved. 16 will be moving Friday, and 2
are deciding whether to move
Several of the 117 original triple
residents in the Reed community are
being transfered to other rooms.
Assistant Director of Housing James P.
Burkhalter said He added accurate
figures concerning the number of
transfers were not yet available
Myers community’s figures on triple
rooms could not be obtained Thursday.
Koharik said the triplcd-up residents
who submitted their applications latest
were transfered to another room while
two earlier applicants stayed in their
designated room
The majority of triple residents
► transfers are moving to a high rise dorm,
he added Women graduate students are
going to Mary Lyndon, Koharik said
The bulk of the triple resident transfers
t are moving now
district), so that he could build his establishment on the land
The commission approved Dunnett’s request by a 5-4 vote,
despite Planning Director Ron Neislar s recommendation for
denial Opposition to the request centered around the question
of congested traffic in the area and how the curb cuts might
affect the land
However, all ordinance changes, even though they may be
approved by the planning and zoning commission, must be
approved by the Athens Mayor and Council if the land is within
the city limits And the city council shot down Dunnett's request
at its next meeting The land at 125 East Campus remained
zoned “M-l.”
AND IT is still zoned "M l" today, except that "M l" does
not mean the same now as it did when Dunnett made his reques
for a change
On Dec. 2. 1976. the planning and zoning commission amended
the "M l" zoning ordinance, urged by staff director Neislar
According to the minutes of the meeting. Neislar said that "it is
difficult if not impossible for the building inspector to decide if
a particular retail use serves the needs of industrial employes."
A&S SENATE WAITS
He added that the "M-l” ordinance is "vague" because it
does not "specify the location of the industrial employes." He
questioned whether the ordinance covered employes "within the
same building, within the same property, an adjacent property,
or within the same zone."
Neislar said that both the bulding inspector and city attorney
recommended the change in the old "M-l" ordinanue. The new
ordinance would allow retail businesses, such as restaurants, to
be built on land zoned “M-l," and eliminated the part of the
ordinance which allowed only buildings serving industrial
employes
TIIE NEW "M l" ordinance unanimously passed the planning
commission, and was later passed by the city council
According to Gordon Thornton of planning commission, any
type of retail business can now be built on the land at 125 East
Campus, without interference from the city or zoning
commission.
See IIARTY. p.6
Survey action delayed
Photo by CHARLIE REGISTER
Is this car yours?
If you’ve ever heard a shrill yelp, followed by muffled whimpers, while walking
along a sidewalk of the University, more than likely it was not the bette end of
some mutt. Chances are that it was the cry of a student who had had his car towed
away. To see that your wheels have been lifted is quite agonizing However, the
men that take 'em away say that they are the students' friends Not convinced ’
See the story on page three.
By BRYANT STEELE
Campus editor
A move to do away with the Arts and
Sciences faculty poll for the coming year
was temporarily halted yesterday when
the Arts and Sciences Faculty Senate
agreed to table such a motion
In its first meeting of the quarter, the
senate refrained from debate until near
the end of the meeting when Dr. Robert
Clute introduced the motion not to fill
vacancies on the survey committee, in
effect making the committee inactive and
preventing a survey this year.
Clute gave as a reason for such a move
the fact that Arts and Sciences is under a
temporary dean, William Payne, who
filled the position for retired John C.
Stephens until a permanent dean could be
found
Opposition to the motion was expressed
by Dr Richard Bouldin 'mathematics).
"The average faculty member never
has anyone punch him on the shoulder
and ask him what he thinks." Bouldin
said.
Two options were offered to flute's
motion One was to elect members to the
survey committee and later decide
whether to conduct the survey.
The other option was to elect a
Intramural teams forced
to pay cost of officials
committee for the purpose of refining the
questionaire used in the survey without
holding a survey this year.
Dr Kenneth Whitten (chemistry) then
introduced the motion to table the
question of electing a survey committee
"loot’s do nothing at the moment. That
usually suits the University faculty,”
Whitten said.
Whitten’s motion passed by a 18-12
vote.
Addressing the senate early in the
meeting, Payne outlined changes he had
made in the dean's office, changes very
similar to a reorganization plan offered
by Stephens during the controversy
between the Franklin College of Arts and
Sciences and the University administra
tion in the spring and summer quarters
of 1977
The plan Stephens offered then was an
alternative to plans proposed by former
Vice President for Academic Affairs
Merle Prunty.
The Prunty plans would have removed
much power from the dean of Arts and
Sciences Stephens' plan delegated
responsibility to others while retaining
power in the dean’s office.
The changes Payne announced yester
day included the appointment of three
associate deans, identical with Ste
phens' plan, and the election ot an
advisory budget committee
Stephens had also planned an advisory
budget committee, consisting of the five
division chairmen and the three associate
deans.
Payne’s committee differs only in that
the three associate deans are replaced by
three senators elected at-large
Tampering with the budget of Arts and
Sciences has been the cause of concern
for some faculty members. It was felt by
some that dividing the budget structure
would effectively split the Franklin
College, an intention of the administra
tion in some minds.
The general feeling after yesterday’s
meeting was that the advisory budget
committee established by Payne would
not divide the budget structure, was in
fact a good idea
The fear that the college would be split
or restructured in some other way
erupted last spring into a battle between
Stephens (still dean at that time) and
University President Fred C. Davison.
Davison issued in May a 172-page
memo declaring an intention to
restructure Arts and Sciences to achieve
better communication
The spark that touched off the battle
was last year’s faculty survey in Arts
and Sciences which was critical of
Davison.
The long battle, which resulted in
Stephens’ resignation, could be the
reason many senators now want to
scuttle this year’s survey
The senate was also addressed by
Prunty. now senior faculty adviser, who
spoke of the search committee for a
permanent dean which he will head
Even the formation of the committee will
be complicated. Prunty said, and he
asked the senators to bring ideas to him
The majority of the meeting was spent
filling vacancies on various committees
with the exception of the survey
committee.
By KATHERYS HAYES
Intramural teams will have to pay to
play this fall As a result of a budget
reduction for intramural sports, some
intramural teams will be charged a $25
fee to pay officials, according to Sarah
Stanley, intramural coordinator
The $25 fee was recommended by the
Student Government Association Senate
Allocations Committee when it deleted a
$17,ooo budget allowance to pay officials.
Stanley said “The budget wasn't
actually cut that much, the only thing
they cut was the money for officials." she
said
The fee will apply only to football,
basketball, and soccer, the physical
contact sports where officials are
absolutely necessarv." Stanley said
"We won’t have officials for non-
contact sports like softball and tennis so
no fee will Ik* required for those teams,"
she explained We re trying to make it
easier for the students, since they’re
already paying a portion of their activity
fee to support intramural sports "
THE BUDGET request tor intramurals
See INTRAMURALS, p.2
Setting it straight
Certain facts *in the Sept 22 Red and
Black article on People s hoods
cooperative were inaccurate. The store is
located at 1365 Prince Ave Its hours
Tuesday through Friday are from 2pm
to 6 pm. Cheryl Fraricci. the member
quoted in the article, said her statement.
"Some of our items are more and some
are less expensive than what is available
in retail stores,” referred to People’s
Food s produce prices and not other
items (90 per cent of non-produce items
are cheaper than those in retail stores
she said )
I
Busbee talks about death penalty, Stoner
Hill sentence commuted Stoner death sought
By MIKE YIRTANEN
The Georgia Pardons and Paroles
Board commuted the death sentence
of convicted murderer Charles Harris
Hill. Gov George Busbee announced
yesterday at a news conference
The five-member board commuted
Hill’s sentence to 99 years as the
90-day clemency period granted by
Busbee neared its end
Hill and two codefendants were
convicted of the 1975 stabbing death of
Elmo Pressly during a 1975 burglary
at Pressly's home in Dekalb County.
The board indicated in its brief
order that it reduced Hill s sentence
because of the nature of the sentences
passed on his codefendants
“THE BOARD...feels that equal
justice has not prevailed in this case."
the order read, "where Charles Harris
Hill is under sentence and a
codefendant who as indicated by the
evidence actually committed the
murder is serving a life sentence "
GARY WATTS, who according to
testimony slashed Pressly’s throat.
pleaded guilty to the murder charge
The third defendant. James Brown,
turned states evidence and was
sentenced to 10 years on a guilty plea
to a manslaughter charge
Hill, who pleaded not guilty to the
charge, was found guilty by a DeKalb
jury which recommended a sentence
of death
He will be eligible for parole in
seven years
Busbee has said he will sign all
petitions for a clemency hearing by
persons sentenced to death in Georgia
He told reporters yesterday his 90 day
review policy indicates no retreat
from capital punishment
"1 think the pardon and parole
board has to address each case on its
individual merits." he said
IF EXECUTED. Hill would have
been the first person electrocuted in
Georgia since 1964. and only the
second person in the nation executed
since the 1976 United States Supreme
Court decisions upholding the constitu
tionality of guided discretion capital
punishment laws
Gary Gilmore was executed by a
Utah tiring squad in January His was
the first execution in the U S in 10
years
Federal Courts suspended all
executions in 1967 pending the
resolution of constitutional questions
The Supreme Court ruled discre
tionary capital punishment laws were
unconstitutional in the case of Furman
\. Georgia in 1972 At the time most
capital laws were discretionary. which
allowed judges and juries to sentence
defendants to death
THE COURT ruled Georgia's
discretionary death penalty unconsti
tutional in Furman, deciding it
constituted “cruel and unusual punish
ment because it allowed the uniquely
harsh penalty of death to be applied in
an arbitrarv and capricious manner
Four years later the court upheld
the constitutionality of guided-discio
lion capital law ruling in favor of
statutes in Florid i Georgi» and
Texas
See COW Id. p 2
From staff and wire reports
Prosecutors will ask for the death
penalty if legally possible for both J B
Stoner and Robert Edward Chambliss,
two men accused of bombing black
churches during the early years of the
civil rights movement, an Alabama
state attorney said Thursday
"We’re going after the maximum
punishment, whatever the law will
allow.Deputy Attorney General
George L Beck Jr said "In my
opinion, there's still an open question
in both cases as to whether the death
penalty can be applied ,
Stoner, a Marietta lawyer and
leader of the National States Rights
Party, was indicted by a Jefferson
County '.Ala grand jury for the 1958
Isimbing of a Birmingham church, in
which there were no deaths or
injuries
Chambliss, a 73-year old former Ku
Klux Klan member has been indicted
mi four counts of murder for the 1963
lioiiihiug ot .» Birmingham church, in
wInch lour black girls were killed
" Alabama Attorney General Billi
Baxley thinks he can get the
nigger-bloc vote He ought to be sent
to the insane asylum in Bryco. Ala
instead of being the attorney general.”
Stoner told The Red and Black
STONER CLAIMS to be a victim of
Alabama gubernatorial politics and
says the indictments are the result of
Baxley 's desire to become Alabama
governor Baxley would not comment
directly on the charge
He said. “I’m not going to comment
on what that demented fool says I’ll
answer him in court. I know what I
would do if I were Stoner’s lawyer; I’d
plead insanity." The \tlanta Constitu
tion reported
The law under which Stoner was
indicted prohibits the bombing of an
inhabited building It was widely
assumed the U S Supreme Court’s
1972 death penalty decision made the
penalties in those laws unenforceable
Some court officials privately
expressed astonishment that efforts
would be made to seek the death*
penalty under the general murder
statute They noted that a new
Alabama death penalty law has since
been enacted
GOV. GEORGE Busbee said at his
weekly press conference Thursday he
has not received a request from
Alabama Gov. George L. \sallace to
extradite Stoner
Stoner said he will resist extradi
tion. claiming he fears physical harm
if he goes to Alabama He said the
Federal Bureau of Investigation
attempted to murder him on Nov 6.
1959. by ramming his car from the
rear
The indictment also identifies
Chambliss as “Dynamite Bob ” It
charges him with four counts of
murder for the September 1963
bombing of the Sixteenth Street
Baptist Church
When asked if he had any know ledge
of any acts of violence. Stoner replied.
“I have no knowledge of the bombing
of the 16th Street church but an FBI
agent offered me $2000 to bomb the
Bethel Baptist Church.” He says he
did not accept the offer