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all Iowan Servin~ the University of Io wa and the People of Iowa City ·11.b"sheti III 1861 _0.. City, _0.. 12240 - WHI...... y, ".Iy 2., '.7. 1. Mills. IOpy As Unconstitutional- For.d Jury Challenged The lack of Universlty professora, stated in ArtIc)e I, sectiOIll 9 and 10. He added, ho"ever, that some married teachers and students on the jury panel Section • of the Bill of Rights states students had been accidentally Included scheduled to hear a case concerning that "no person shall be deprived of on the jury lists. I criminal charges against a university life, liberty or property without due pro­ District Court Judge Harold Vietor I professor was challenged In Johnson cess of law." then requested the jury list be brought County District Court Tuesday . Section 10 guarantees that "in all cri­ into the courtroom. From the files he Iowa City attorney Joseph Johnston minal prosecutions and in cases Involv­ presented letters from students Impanel­ moved that the current jury panel be ing the IUe, or liberty of an individual ed as jurors who had declined the duty. l dismi sed and a "new panel legally con­ the accused shall have a right to II Asst. County Atty. John Hayek said he stituted be chosen" to hear the case of speedy and public trial by an impartial recalled students and students wives his client Stephen D. Ford, assistant pro­ jury .. _" had been placed on previous jury lists_ fessor of business administration . Johnston concluded that the jury com­ He added he remembered from other Ford was charged with doing mali­ mission "systematically and intentionally cases instances of students serving as cious injury to a university building excluded a significant class of qualified jurors. after he damaged a door of the new Re­ Jurors - college students - without "The juries here have included per­ creation Center in the May I anti-ROTC statutory authority and in violation of sons who are in the university com­ demonstration here . both the state and federal constitutions. munity and who are wives of {acuity Ford entered a plea of Innocent July :t, "As I recall we made a conscientious members," he stated. effort to exclude anyone from the jury Johnston replled, "The systematic ex:­ Gllbtrt Fitzhugh, ch.irmln of the presldentill Blue Ribbon Defense P_I, '11- and the trial was set for Aug. 3 in Dist­ Time for rict Court. Ii ts who we thought was a student," elusion of university professors and pl.lns the !NInel's propoHCi ch.nge. in the I.. dership structur. of the Pent.,.n commented commission member J.J. teachers denies the defendant who is a A Change during. N.w York prell conf.renc. Tu ..dey. - AP Wlrephote Johnston contended that the panel Deninger. university professor a jury of his peers." ------- violated guarantees of impartiauty. He Commission member B.M. Rickett Johnston added that becau e of the ex­ charged the jury for Ford's case was noted that the commission tried to avoid clusion of faculty , teachers and students I . drawn In violation of the Iowa statutes, selecting students as jurors because of from the jury It was "impossible to have the U.S. Constitution and the Iowa Con­ their temporary status here and their anyone on the jury who might have em· stitution. academic commitments. pathy " for Ford. Pentagon Overhaul Urged Johnston challenged the constitutionali­ "We made an effort to exclude people Judge Vietor said he would take the ty of two sections of the Code of Iowa who we thought would not be here for a ca e under advisement and make l WASHINGTON IAl - The presidential single, high-ranking officer. An independent Defen e Test Agency pertaining to persons non-eligible for couple of years," David Armstrong. the ruling on Johnston's objections. The tria' Blue Ribbon Defense Panel recommend­ The military chiefs would be left with would be founded to oversee such work jury duty or exempt from duty service. third member, said. Is scheduled to begm Monday. ' ed Tuesday drastic overhaul of the Pen­ their roles as strategic planners and, a throughout the military establishment In He aid that section 607.2 which ex­ tagon's leadership structure aimed at uniformed heads of their ervlces, their an effort to prevent overlapping and empts university profeljsors and teachers strengthening civilian control, promoting authority to recruit, train and equip avoid developing poor-quality weapons. (rom jury duty and sectlon 609 .2 which ef£!clency and ending serious cost over­ their forces. Cranked into the military chain would excludes any person who because of his Disturbances Break Out runs in buying weapons. Fitzhugh, board chairman of the Met­ be three new major multiservice com­ "domestic duties or other circumstances Panel chairman Gilbert Fitzhugh, ropotitan Life Insurance Co. of ew mands to control (a) the nation's stra­ would not be able to serve as a juror" summing up the findings of a year-long York, acknowledged that the chiefs are tegic land·ba~ed and submarlne-ba ed do not meet with the "due process" and study, described the Defense Depart­ "less than enthusiastic" about the missiles, bombers and air-missile de­ "equal protections of the laws" clauses In Asbury Park Again ment as "just an amorphous lump .. panel 's reorganization Ideas. fenses, (b) land-sea-air conventional of the 14th Amendment of the U.S. Con­ with nobody in charge of anything." Two of the 14 panel members dissent­ forces , (cl supply distribution, malnte· stitution. By THE ASSOCIATED PRESS after the arrest was dispersed by police using dogs and Mace. One of the group's main proposal - ed. Wilfred J. McNeil, for 10 years De­ nance and other logistics. The members of the three-man jury City officials met In Asbury Park, N.J ., In West Chester, a 9 p.m. to daybreak bound to kindle controversy - calls for fense Departmen t comptrolier and now While setting up the new unified com­ commission all testified that they had on Tuesday in the wake of new disturb­ curfew remained in effect and all was stripping the Joint Chiefs of Staff of thclr director of Fairchild-Hiller Corp .. con­ mands , which would be directly respon­ attempted to exclude students (rom the ances in the black section. Disorders in military operational functions and crp­ tended that instead o[ decentralizing de­ sible to the proposed operatlons staff, Ii t of eligible juror . the resort city earlier thi s month left reported quiet after a di turbance by about 100 black youths out ide the police aUng a separate operations staff under a cision-making authority its recommenda­ the panel would, in effect , downgrade They said screening prospective jurors 160 injured , 200 arrested and $4 fllillion !Jons on organization hould "go In the some of the present major commands from the phone book. the city directory, In property damage . station. other direction ." such a the Strategic Air Command, the voter registration slip and from per­ A City Hall spokesman said there were The youths were demanding the arrest Urging the most fa r-reaching Penta­ European Command, and the Pacific sonal knowledge of people of the com­ no immediate plans to declare a curfew 0/ a man they said had injured a girl. p ~ i My Lai Charges gon reorganization in nearly 10 years, Command. munity they had " to the best of their or take any olber emergency procedures About 100 police used tear gas to dis­ the panel would establish three powerful Along with this, the panel sugge ted ability" excluded all university profes­ following several hours of violence Mon­ perse the youths. civilian deputy defense secretaries to abolishing the Alaskan Command , eJ1d SOrs and teachers from the panel. day night and early Tue day . C S Against 7 Men supervise (a) alllllilitary operations and the Southern Command in tbe Carib­ Johnston charged the law barring pro­ Asbury Park was quiet during the day, House Protects a centralized intelligence setup, (b) all bean, while merging the Atlantic Com­ fessors from juries is unconstitutional as were some other cities around the na­ research procurement, ba es and man­ mand and the Strike Command, a cre­ and that omitting students from jury tion that had been hit Monday and early power, and (c) all weapons and equip­ only tw( ation of former Secretary of Defen e panels Is unfair since they constitute a Tuesday by disorders . They Included Seniority System To ment tests and evaluation. Robert S. McNamara. his gradua· • Go to Hearing major part of the county population. Chicago, Bridgeport. Conn ., New Bed­ Johnston al 0 asserted that the two sec· lord , Mass ., and West Chester, Pa. WASHINGTON !A'I - The House reo Methodist IT By THE ASSOCIATED PRESS Cu . ed Tuesday to put shackles on its 2 behind Charges against seven officers of fail­ tions 0/ the Iowa Code violated the Bm The disturbance at Asbury Park start­ of Rights of the Constitution of Iowa as time-honored seniority system of ad­ started six tog to obey a lawful regulation in connec­ ed when two policemen tried to stop a dice game In the street and a large vancement through longevity. while Daw- • tion with the alleged My Lai massacre Court I~iunction Halts crowd gathered. Amendments to lipulate that length of with inju· will be referred to the Army's equiva­ won thelt Police said they di spel'sed the "very service ~ hould not be the sole guide for lent of 8 grand jury, the Army said tues- Probe Asked belligerent" crowd by firing shotgun~ elec\lon of committee chairmen. and to day at Ft.

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