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Volume 86, Number 14
Mississippi State University
October 19, 1973
Senate elections
Council rules statutes unconstitutional,
leaves them in effect for Thursday vote
By VIRGINIA LEWIS
Reflector Staff Writer
The Student Association Judicial
Council at Mississippi State University
Tuesday ruled that two statutes concerning student senate elections are unconstitational, and that they must be changed
before next year 's student senate
elections.
But the council, noting the urgency of
holding elections, authorized this year's
elections to be held Thursday , with the
statutes in force .
The statutes in question require
special senate precincts be drawn for
black and foreign students.
Jerry Grace, a white MSU student,
charged in a complaint filed with the
council earlier this month , that the
statutes violate the U.S . Constitution.
Council president John Hutchinson
called the council meeting to order and
read a list of rules. "One representative
of each group will be the only ones
allowed to address the council," he said.
The only persons allowed to speak, other
than the council members, were Grace,
Foreign Students Representative D.B.
Desai, Black Students Representative
Ralph Bender, and Joe Duncan, attorney
general of the SA.
Grace, who refused to release a copy
of his presentation, did not wish to be
quoted.
He challenged that the particular better communicate between minority
statutes involved violate the 14th and 15th group students and the SA Government.
Amendments. He could show only legal "No one can better represent the views of
court cases which were not concerned a minority group than a member of that
with MSU. "There are those who have group duly elected by his peers."
told us that we are constitutionally
The black students on the MSU
correct, but that fact should be ignored campus number more than 600. They, at•
for the achievement of some social present, are allowed two senators .
government," said Grace.
Foreign students do not have a senator.
He said MSU is bound to the U.S. But, they do, however, have a representConstitution. Earlier, Grace had stated, ative appointed by SA President Franklin
"This is not a racial matter, and should Myers.
''When the students in a special
not be so construed."
Desai, representing foreign students, precinct can elect three senators, the
said there are other discriminating rules students then lose the right to vote in a
here at MSU. He explained, "My point is special precinct and are returned to vote
that we must have representation." in 'established' precincts," Bender said.
Bender declared that the two statutes
Desai represents the 231 MSU foreign
in question in no way conflict with either
students.
Bender, speaking for black students, the United States Constitution or the
said, "We contend that the SA president Constitution of the State of Mississippi.
Duncan said he could not render an
should be allowed to designate the special
precincts as directed by the questioned op1mon. But he did say that former
statutes. The SA Senate may exercise its Attorney General Ed Cheshire had ruled
right to enact by-laws to the constitu- these statutes unconstitutional and no
action was taken at that time.
tion."
Duncan referred to the disregarding of
"For the statutes to be considered
unconstitutional, their existance in force the laws and regulations of the United
must be deemed to have an adverse States as "treason." He said MSU is not
effect upon the entire student body. This independent , but a part of the United
is not the case with their existance," States, and should therefore abide by
U.S. rulings.
explained Bender.
After two hours of deliberation behind
According to Bender, the statutes in
closed doors, the Judicial Council
question were enacted in an effort to
reached it's decision.
"No questions! This is the Council's
final decision,'' declared Hutchinson.
According to Bob Shearer, elections
commissioner, elections will be held
Thursday. Campaigning will begin at 5
p.m. Sunday and will end at 10:30 p.m.
Wednesday. The same candidates will be
on the ballot as originally planned, he
said.
0
Following is the complete ruling as
handed down by the Judicial Council
Tuesday:
The Student Association Judicial
Council, noting the urgency of holding
Senate elections and realizing the effect
which the postponement of these elections is having on the University as a
whole, is approving the Student Association Constitution, statutes, and bylaws as
it now stands, for the present elections
and authorizes Senate elections formerly
in progress to be held immediately.
However, the Council is enjoining any
future Senate elections until the election
provisions of the Student Association
Constitution, statutes, and bylaws are
changed to comport with the existing
Student Association Constitution and the
U.S. Constitution.
Mississippi State University
October 19, 1973
Senate elections
Council rules statutes unconstitutional,
leaves them in effect for Thursday vote
By VIRGINIA LEWIS
Reflector Staff Writer
The Student Association Judicial
Council at Mississippi State University
Tuesday ruled that two statutes concerning student senate elections are unconstitational, and that they must be changed
before next year 's student senate
elections.
But the council, noting the urgency of
holding elections, authorized this year's
elections to be held Thursday , with the
statutes in force .
The statutes in question require
special senate precincts be drawn for
black and foreign students.
Jerry Grace, a white MSU student,
charged in a complaint filed with the
council earlier this month , that the
statutes violate the U.S . Constitution.
Council president John Hutchinson
called the council meeting to order and
read a list of rules. "One representative
of each group will be the only ones
allowed to address the council," he said.
The only persons allowed to speak, other
than the council members, were Grace,
Foreign Students Representative D.B.
Desai, Black Students Representative
Ralph Bender, and Joe Duncan, attorney
general of the SA.
Grace, who refused to release a copy
of his presentation, did not wish to be
quoted.
He challenged that the particular better communicate between minority
statutes involved violate the 14th and 15th group students and the SA Government.
Amendments. He could show only legal "No one can better represent the views of
court cases which were not concerned a minority group than a member of that
with MSU. "There are those who have group duly elected by his peers."
told us that we are constitutionally
The black students on the MSU
correct, but that fact should be ignored campus number more than 600. They, at•
for the achievement of some social present, are allowed two senators .
government," said Grace.
Foreign students do not have a senator.
He said MSU is bound to the U.S. But, they do, however, have a representConstitution. Earlier, Grace had stated, ative appointed by SA President Franklin
"This is not a racial matter, and should Myers.
''When the students in a special
not be so construed."
Desai, representing foreign students, precinct can elect three senators, the
said there are other discriminating rules students then lose the right to vote in a
here at MSU. He explained, "My point is special precinct and are returned to vote
that we must have representation." in 'established' precincts," Bender said.
Bender declared that the two statutes
Desai represents the 231 MSU foreign
in question in no way conflict with either
students.
Bender, speaking for black students, the United States Constitution or the
said, "We contend that the SA president Constitution of the State of Mississippi.
Duncan said he could not render an
should be allowed to designate the special
precincts as directed by the questioned op1mon. But he did say that former
statutes. The SA Senate may exercise its Attorney General Ed Cheshire had ruled
right to enact by-laws to the constitu- these statutes unconstitutional and no
action was taken at that time.
tion."
Duncan referred to the disregarding of
"For the statutes to be considered
unconstitutional, their existance in force the laws and regulations of the United
must be deemed to have an adverse States as "treason." He said MSU is not
effect upon the entire student body. This independent , but a part of the United
is not the case with their existance," States, and should therefore abide by
U.S. rulings.
explained Bender.
After two hours of deliberation behind
According to Bender, the statutes in
closed doors, the Judicial Council
question were enacted in an effort to
reached it's decision.
"No questions! This is the Council's
final decision,'' declared Hutchinson.
According to Bob Shearer, elections
commissioner, elections will be held
Thursday. Campaigning will begin at 5
p.m. Sunday and will end at 10:30 p.m.
Wednesday. The same candidates will be
on the ballot as originally planned, he
said.
0
Following is the complete ruling as
handed down by the Judicial Council
Tuesday:
The Student Association Judicial
Council, noting the urgency of holding
Senate elections and realizing the effect
which the postponement of these elections is having on the University as a
whole, is approving the Student Association Constitution, statutes, and bylaws as
it now stands, for the present elections
and authorizes Senate elections formerly
in progress to be held immediately.
However, the Council is enjoining any
future Senate elections until the election
provisions of the Student Association
Constitution, statutes, and bylaws are
changed to comport with the existing
Student Association Constitution and the
U.S. Constitution.