THE CHRONICLE TUESDAY, MARCH 31, 1987 • DUKE UNIVERSITY DURHAM, NORTH CAROLINA CIRCULATION: 15.000 VOL. 82, NO. 126 Poll: PIRG measure Band on the run? could fail Thursday; Marchers may become pep band Union fee will pass From staff reports Undergraduates will not approve a By MELANIE YOUNG away football games, it served as a pep referendum making NCPIRG an indepen­ The Duke Marching Band may be band for the swim team, soccer team, and dent organization that gets automatic men and women's basketball teams. reduced to a pep band next year, accord­ funding through the student activities ing to athletic director Tom Butters, who "We've had a lot of support from the fee, but they will approve an increase in has doubts about its ability to maintain teams we've played for," said Foy. "In fact, the Union fee, according to a Chronicle high quality and adequate membership. we've had a lot of support from everybody poll of 75 students. "I want to sit down with the band and but Butters." Only 35.3 percent of those surveyed see what they think ought to be done. For the past two years the band has who said they intended to vote in There is the possibility that we could con­ received between $8,000 and $9,000 in Thursday's election approved of the tinue the way we have been or perhaps funding from the athletic department, STAFF PHOTO measure. Nearly 87 percent of those concentrate on just a pep band," said But­ and some band members feel Butters may Band representatives will meet with polled said they would vote. ters, who will meet with band representa­ want to spend some of that money on tives Thursday to discuss the program's other athletic programs, according to Foy. athletic director Tom Butters Thursday The unscientific poll was conducted by future. But Butters said his decision will have to discuss the program's future. telephone over the weekend. The referendum needs a simple Band members plan to tell Butters they nothing to do with money. "I am con­ In addition, band members are writing majority to win, but that majority must want to continue marching. "Despite our cerned with numbers and quality," he letters to incoming freshmen in an effort constitute at least 25 percent of those small size, I think we should be allowed to said. "I don't see us continuing to do some­ to recruit new members. eligible to vote, so a small turnout could remain a marching band," said Leslie thing that we can't do well." "We need at least twice as much money kill the measure. Troxler, band director. "The marching to buy new equipment, instruments and Troxler and band members are optimis­ Forty-nine percent of those who said band is an important part ofthe pagentry uniforms in order to make the band tic about the future ofthe band if support they would vote said they would vote of college football and there will be a lot of visible and attractive to more people," from the athletic department is con­ against NCPIRG and 15.3 percent were disappointed fans if we are reduced to a said Troxler. "But the athletic depart­ tinued. undecided. pep band." "In 1978 the band reportedly had five ment wants to cut the program because In addition. 61.5 percent of those who "Everybody wants to march. To say the members and wore plaid beanies. This they say we aren't very good. It's sort of a said they would vote said they would ap­ least, we won't be thrilled about being year the band had 90 members, per­ Catch-22." prove the $5 increase in tbe annual just a pep band," said Michelle Foy, a formed difficult drills and played chal­ No final decisions will be made at the University Union fee. sophomore clarinet player. lenging music," wrote band member and meeting Thursday, according to Butters. Fifty percent of those questioned said This past year the band had 90 mem­ Trinity sophomore Michael Garrett in a "I would like to have the band members they would collect their refundable fee if bers. In addition to marching at home and letter to the editor. form their own options," he said. the NCPIRG question is approved. If at least 50 percent of students collect their $4 fee during two consecutive semesters, Decision voiding NCPIRG must disband the next semester. Of those students who pay their own student activities fee, only 25 percent ap­ Bressler, Brodie prove of the. NCPIRG measure. Also, 75 percent of those who pay their own fee said they care about the NCPIRG charges is upheld issue, while only 56.1 percent of those By ROCKY ROSEN whose parents pay said they care. GREENSBORO — A judge denied two motions Monday to void an earlier ruling that dismissed a suit against former University psychiatrist Bernard Bressler GhronidePoll and President Keith Brodie. In October Guilford County Superior BLOOD SERVICES Who pays your student activities fee? Court Judge Fetzer Mills dismissed the CWOUNMRKirai B: your parents case, filed by Ralph and Betty Jordan, on TRttsas mm C: other the grounds that a four-year statute of HHHjfie limitations had expired. The complaint, Do you intend to vote this Thursday? which alleges that Bressler prescribed dangerous quantities and combinations of drugs for Mrs. Jordan between 1974 and N: NOT APPLICABLE 1979, was filed in June of 1986. U: UNCERTAIN The complaint also charges that Brodie, then psychiatry department chair, knew of Bressler's alleged abuses but did noth­ ing to stop him. None of the allegations 45.3% were discussed Monday. N: NOT APPLICABLE 1.3% U: UNCERTAIN 17.3% The Jordans' attorney, Max Gardner of X; NO ANSWER 1.3% Shelby, said in court Monday that Mills' TOM LATTIN/THE CHRONICLE dismissal was flawed in two ways. First, Give blood Will you vi n the Union fee? he said. Mills issued the order after the 57 3% week-long court session during which he The American Red Cross is back on campus for the final time this school 29.3% held a hearing in the case had ended, year in search of blood donors. Red Cross personnel will be on hand in Von thereby violating court rules. The hearing Canon Hail in the lower level of the Bryan Center beginning today. The drive occured Oct. 7 and Mills dismissed the will continue through Friday. Give the gift of life. Give blood. If the NCPIRG question is approved will you col­ case Oct. 27. Gardner said a judge can lect your refundable fee? rule after a session ends only if he or she cording to Gardner, if no one objected to A: yes 50.6 % receives the consent of the parties invol­ the material, Mills would review it per­ ved sonally; otherwise, the judge would hold Weather The second flaw, according to Gardner, another hearing. Gardner then notified involved the way in which attorneys were all the attorneys that he would file ClOUdy iSSUe: Fortunately the Do you care about the NCPIRG Issue? allowed to submit information to Mills. several hundred pages of documents and weather is much less confusing than 58.6% the defense attorneys objected, but Mills B:no 40% After the Oct. 7 hearing, during which the subject of NCPIRG, which goes up U: UNCERTAIN 1.3% both sides presented arguments regard­ never held another hearing. for a vote Thursday. It will be cloudy ing the statute of limitations issue, Samuel Thompson, the Raleigh attor­ and cool today, with highs in the 60s. _ _ random telephone sur Gardner and Mills had arranged a ney representing the Private Diagnostic So enjoy it while you make up your vey of 75 on-campus students. Telephone num procedure by which attorneys could file Clinic, a partnership that included mind. bers are generated by The Chronicle's computer. more documents to support their case. Ac- See SUIT on page 3 Page 2 THE CHRONICLE Tuesday, March 31,1987 Prison guards to be indicted Group seeks NSC inquiry RALEIGH (API — A Wake County failure to discharge their duties and also grand jury Monday asked prosecutors to charge one with obstruction of justice. from North Carolina who was seeking present it with bills of indictments Both men have been investigated in to regain his seat. against two prison guards in connection connection with the death of inmate Wil­ WASHINGTON (AP) — A group Hendon, who worked briefly at the with the November suicide of a Central liam Moye of Grifton, who died of asphyxi­ seeking the return of American prison­ Pentagon in 1983 and had access to Prison inmate. ation Nov. 1 after he hanged himself from ers of war in Southeast Asia asked the classified information about possible After hearing from a State Bureau of his locker by a bed sheet. Moye, 35, was Army and the Justice Department on POWs living in Indochina, has also Investigation officer who investigated the serving 30 years for two counts of armed Monday to investigate a colonel who claimed the government was covering death, the grand jury returned robbery. they say tried to pay off an ex-New up information. He has alleged that "presentments" requesting more evidence York congressman to discredit a critic Childress asked LeBoutillier to "get in the case. It also asked that misde­ A presentment is a rarely used legal of the government's handling of the Hendon, to trash him, to really take meanor indictments against the two mechanism that transfers jurisdiction of POW-MIA issue. him out." guards be submitted for its consideration.