Vol. 65 No. 101
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JSPEAKER—John McAuley
■opens the rally with a read
ing from University Regu
lations.
ictual Rights
lacking Here:
•avenport
[ By Pam Troboy
Battalion News Editor
In almost every other univer
sity in the nation the legal rights
of students are also their actual
rights, but this is not the case
at A&M, according to Dr. Manuel
Davenport, head of the Philoso-
\phy Department.
Dr. Davenport and Fred Ben
son, dean of engineering, dis
cussed student rights before a
crowd of 200 persons Wednesday
night in the Coffee Loft. The
meeting was sponsored by the
Campus Committee of Concern
(CCOC), an off-campus student
group.
The audience sat on the floor,
lined the walls and peered inside
through windows. Several were
wearing black arm bands. Bill
Maskal, treasurer, said only 75
persons had been expected.
“There are actual, legal and
moral rights,” Dr. Davenpoi’t
said. “Actual rights are freedoms
of action that you can depend
on exercising. Legal rights are
freedoms of action protected by
common society. Moral rights are
freedoms of action that we ought
to have.
“Federal law will protect a
student’s right to remain in school
after an arrest and before a con
viction of a crime,” he said. “Very
few students at A&M have this
as an actual right.”
Students at A&M have several
moral rights, Dr. Davenport said.
They ought to have the right to
publish and read an uncensored
newspaper; to hear, on campus
speakers of all different political
opinions and to have a voice in
determining university policy.
“These rights,” he said, “and
others I haven’t mentioned are
necessary to create and maintain
the educational institution.”
He defined a right as the free
dom to act in a certain way. But
he added that a right that can
not be exercised without fear of
losing it is not a right.
Benson prefaced his remarks
by saying that he was not par
ticipating in any activities of
the Student Mobilization Com
mittee to End the War in Viet
nam Moratorium Committee. He
said that his views on student
rights and responsibilities did not
reflect those of the university.
Certain basic rights and limita
tions are written into the Con
stitution, Benson said.
“The rights and restrictions
(See Davenport, Benson page 4)
University National Bank
“On the side of Texas A&M.”
—Adv.
On Battalion
College Station, Texas Thursday, April 16, 1970 Telephone 845-2226
Rally Brings
Arrest, Fine
By Dave Mayes
Battalion Editor
An Austin man was arrested as
he spoke and five A&M students
taken to the dean’s office Wed
nesday as University Police tried
to stop an unsanctioned student
political rally on the iparade
grounds.
Earl Brown, 22, pleaded no con
test to a charge of breach of the
peace and was fined $75 by Jus
tice of the Peace A. P. Boyett.
Brown told about 300 students
attending the rally that he was
a member of the Student Mobili
zation Committee, an anti-Viet
nam War organization.
Brought before Dean of Stu
dents James P. Hannigan on
charges of violation of univer
sity regulations were John Mc
Auley, Richard Worth, Tim Le-
gere, Bill Fischer, and Tom Ellis.
Hannigan told The Battalion
Wednesday that disciplinary ac
tion “very definitely” would be
taken against those found to be
involved in the rally.
University Police Chief Ed
Powell, followed by Texas Ranger
O. L. Luther and two or three
other police officers wound their
way throug the throng and con
fronted Brown on the large rais
ed platform normally used by
spectators of Cadet Corps re
views.
Brown seemed to offer little or
no resistance as an officer grab-
By Howard Benedict
AP Aerospace "Writer
SPACE CENTER, Houston —
Back on course toward earth,
Apollo 13’s astronauts concentrat
ed today on unique, critical ma
neuvers needed to steer their dis
abled spaceship home.
James A. Lovell Jr., Fred W.
Haise Jr. and John L. Swigert
Jr. hurtled toward a Friday
splashdown in the Pacific after
a suspenseful engine firing Wed
nesday night in which they shift
ed off a perilous course that
would have left them stranded
in space.
With the veteran Lovell at the
controls, they triggered their lu
nar module engine for 15 sec
onds as the world held its breath.
Had the midcourse firing fail
ed, Apollo 13 would have missed
earth by 104 miles and skipped
off into space with no rescue pos
sible.
“You’re looking good,” Mission
Control called out at the burn.
“Nice work.”
After tracking the ship on its
new path for three hours, Mis
sion Control radioed, “You’re in
the corridor,” meaning Apollo 13
was headed for the Pacific.
Mission Control said it was
considering another brief engine
bed each arm and escorted him
to an unmarked car. At the same
time, a man in civilian clothes
who said he was a University po
liceman took McAuley by the
arm and began walking him
across the grassy field toward the
YMCA building.
The pair were stopped by Ellis,
who said he thought the two were
getting into a fight and said that
he was trying to break it up.
The policeman took Ellis by the
arm and the three continued
across the field.
Worth was also apprehended
by the platform and taken to the
same car Brown was in. He was
yelling, “I’ll go peaceably, I’ll go
peaceably!” By this time the
crowd was shouting.
“Why can’t we speak?” some
cried. “Sig Heil!” others shouted,
holding up their arms in mock
Hitler salutes. A few whooped
approval.
Chief Powell and other police
men walked through the growing
crowds, apparently searching for
others. At this time, Powell told
The Battalion that Brown violat
ed the breach of peace law several
times and had no permit to
speak on campus.
Powell said that Worth was
breaching the peace also.
“He tried to make trouble by
screaming out while we were
carrying him off,” he said.
Hannigan charged that the ral-
burn later to refine the trajecto
ry.
Lovell, Haise and Swigert con
tinued to ration the vital oxy
gen, water, power and other re
sources on which their lives de
pend. They had ample margins
in all to complete the flight. But
they knew a sudden loss of any
system would imperil them in
the final hours of the abortive
journey.
Barring a major problem, the
next critical period will be in the
hours before re-entry Friday.
Before re-entering the atmos
phere the astronauts must dis
card two sections of their space
train—a powerless service mod
ule and the lunar module which
has been their life-saver since
the command ship was crippled
by an oxygen tank rupture Mon
day.
Then they must power up the
now dead command 1 ship with
auxiliary batteries before mak
ing the blazing dive back to earth
and splashdown in the Pacific at
12:53 p.m. EST Friday.
A team of Mission Control Cen
ter specialists has been working
around the clock to perfect the
highly technical details for bring
ing the spacemen back from the
brink of disaster.
ly was ostensibly for a student
candidate for next week’s elec
tions, but was actually in support
of the national anti-war protests.
“No one requested permission
to have a rally April 15, he said.
“No one obtained the usual per
mission to have an off-campus
speaker, either.”
Hannigan said the five students
were specifically charged with
violating instructions he had is
sued the same day.
The dean said he had heard
that a rally was being planned
and had issued a memorandum,
stating the university’s position
on the matter. He said he had
it posted around campus and even
delivered to those though to be
planning the affair.
“Promotion and/or support of,
or participation in or attendance
at, any on-campus function or
activity not specifically author
ized by the Dean of Students is
prohibited,” the memorandum
stated. “Violation of this direct
instruction is sufficient cause for
immediate suspension from the
rolls of the University.”
Students continued milling
around the platform for some
time after the larger part of an
estimated 20 police officers left.
Then Allen Giles mounted the
platform and suggested that ev
eryone show that he is against
the war by leaving the area. Most
(See Rally, page 3)
A tentative plan calls for Lov
ell, Haise and Swigert to enter
the command module and power
up its systems about 7:30 a.m.
Frida,y. Two hours later they are
to jettison the service module by
exploding connecting holts.
Because the tank rupture oc
curred in the service module it
has no power and cannot move
away on its own as on previous
re-entry missions. To avoid a
possible collision, the astronauts
will move away by firing the
lunar module jets.
They will seal off the three-
foot-long tunnel between the lu
nar and comamnd ships and pres
surize it about two hours before
the approximate 11 a.m. re-entry
and build up pressure in the tun
nel. An hour later they’ll release
securing latches and the pressure
in the tunnel should push the two
craft apart. This is another pow
er-saving move.
The command ship has 99 am
pere hours of electrical power to
be tapped at the start of re-entry.
Flight director Gerald Griffin
estimated 70 to 80 amp hours
would be needed for the re-entry
and landing sequence.
Water for cooling the lunar
module electronics and oxygen
(See Apollo 13, page 6)
The Student Senate Wednes
day passed most of the last three
sections of a joint statement of
student rights and responsibili
ties.
The parts of the 10-page docu
ment approved by near unani
mous votes outlined off-campus
freedom of students, set pro
cedural standards in disciplinary
proceedings and determined dis
ciplinary sanctions.
Senators heard a report from
Dean of Students James P. Han
nigan concerning a “political
rally” held earlier in the day at
which one man was arrested and
four A&M students sent to the
dean’s office.
In addition, the senate agreed
to place questions about mari
juana on the opinion poll to be
taken next Thursday, the day of
student elections.
Introduced and explained by
Jim Stephenson (sr-LA), the
statement is a major revision of
numerous university regulations.
Passed last week were sections
concerning freedom of access to
higher education, freedom in the
classroom, student records and
student affairs.
The section dealing with off-
campus student freedoms is a
departure in several ways from
the existing university regula
tions. The statement as passed
by the senate greatly limits the
disciplinary powers of the uni
versity in relation to off-campus
activities.
University regulations note
that “the University is judged by
the action of its students on and
off the campus. Therefore, stu
dents shall be responsible to the
authorities of the University for
censurable acts wherever com
mitted.”
The senate’s statement, on the
other hand, says this: “If a stu
dent is arrested, indicted, or con
victed for an off-campus viola
tion of the law, the matter shall
be of no disciplinary concern to
the university unless the con
tinued presence of the student at
the university is a clear and
immediate danger to the health
and safety of the university com
munity.”
The section on off-campus free
doms also says that the univer
sity shall be neither arbiter nor
enforcer of student morals when
the student is off-campus. No
inquiry shall be permitted into
the activity of a student away
from the campus,” the statement
continues, “where his behavior is
subject to regulation and control
by public authorities.
In the section on disciplinary
procedures, the statement listed
some 15 offenses for which stu
dents could be expelled or sus
pended; in the section on dis
ciplinary sanctions, some 10 pun
ishments.
Senators will next week con
sider approval of several para
graphs from the statement sent
back to committee for final revi
sions.
When passed in its entirety,
the statement will have to go
through several administrative
levels before it is adopted offi
cially. Still to see the statement
proposal are Hannigan, the fac
ulty-staff Executive Committee
and the Academic Council.
used the document as a philo
sophical guide.”
Hannigan said that he doubted
whether the statement would be
approved without some changes
in wording.
Stafford suggested that the ad
ministration may not make a
final decision on the statement
until the end of this summer.
Stephenson, in introducing the
final sections of the statement
to the senate, opened his remarks
by noting that Wednesday’s in
cident on the parade grounds
marked a “very sad day for the
university in seeing fit to deny
people freedom of speech at a
peaceful gathering.”
He told senators that “they
must do everything in their
power to make sure this doesn’t
happen again.”
After most of the statement
was passed Wednesday, Milt Gar
rett (grad) asked Associate Dean
of Students Don R. Stafford to
say from the gallery what he
thought chances were that the
statement would be adopted.
“Have we really done some
thing here,” Garrett asked, “or
have we only completed another
exercise in democracy?”
Stafford replied that he won
dered whether the senators had
really researched the document
very thoroughly. He pointed out
that scholars had taken three
years to draft the statement
which had served as A&M’s
model, “but that then they only
Senate Vice President Kent
Caperton asked Dean Hannigan
at the senate meeting to state
the university’s position on the
incident.
Hannigan said that his office
was advised of the rally Wed
nesday morning by a caller from
University Information who told
him The Battalion had a large
“scare” headline story about a
scheduled antiwar rally that day.
“For my money, this never was
an election rally,” as it was ad
vertised, Hannigan said. “As far
as I’m concerned this was just a
small group of students trying
to use a cover-up for an illegally
run antiwar rally.”
Andrew Fabacher on Campus
Friday for CSC-Backed Visit
Andrew Fabacher, promotion
symbol for Jax Beer, will be on
campus Friday, Civilian Student
Council President Mark Olson re
minded students Wednesday.
Olson said Fabacher will be at
The Grove from 12:30-3:30 p.m.,
and that the Ghost Coach will
provide music. Usually, he said,
four or five beer trucks follow
Fabacher on campus to distrib
ute beer free to the students. Be
cause of state law, Olson said,
that will not be done here.
Instead, he said, the Jackson
Brewing Co. will furnish free
soft drinks in the Grove.
In connection with Fabacher’s
appearance, Jax will present a
five-foot mahogany bar stool to
the Aggie selected “Rebel of the
Year,” Olson said. Each resi
dence hall selected its candidate
late last week and early this
week by casting votes for a
penny apiece. The hall contrib
uting the most money on a per
centage basis will have its candi
date declared the winner, Olson
explained.
Olson said that Fabacher will
present the stool and other
prizes to the winner after mak
ing a speech that “will have
them in the aisles.”
The CSC will sell beer mugs
with the slogan “May cool heads
always prevail — Andrew Fa
bacher” for $1 during the after
noon.
Fabacher’s appearance is the
unofficial beginning of Civilian
Week.
CROWD GATHERS—As Richard Worth speaks on a reviewing platform at the edge of
the parade grounds, students form a crowd of 300. Worth was later escorted by Uni
versity Police to the dean’s office.
Correction Burn Good;
Apollo 13 Won’t Miss
UNDER ARREST—Earl Brown, Austin member of the Student Mobilization Commit
tee, is escorted away from the platform by Texas Ranger O. L. Luther (left) and an
other police officer. He was later charged with breach of the peace.
Senate Approves Portions
Of Student Rights Statement