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University of Iowa anti-war protests, 1970

1970-11-15 Des Moines Register Article: ""Why Not Drop These Charges""

DMSR 11/15/70 

Why Not Drop These Charges?

Officials at Iowa City are having trouble with mechanics of arranging a mass trial for the 237 students (and several clergymen and faculty members) arrested on the steps of the Old Capitol during anti-war demonstrations last May. Each defendant may demand a separate trial. If most of them should insist on this right. the Iowa City courts would be tied up for some time. 
The best thing to do now would be to dismiss the charges - not because of the problem of settling up trials, but because of the ambiguity of the circumstances on that confusing night. The students had received conflicting advice from city officials. University of Iowa President Willard Boyd, who ordered the arrests, conceded later that he had acted on the basis of misinformation. 
The facts appear to have been as follows: Several thousand students had gathered on the Pentacrest in front of the Old Capitol for a "teach-in" and "sleep-in" protest against the invasion of Cambodia and the shootings at Kent State. About 10 p.m. a dozen students broke into Old Capitol with the intention of "occupying" it and caused slight damage. They left when officials told them they were violating an injunction previously obtained by the university. 
A short time later City Manager Frank Smiley told the group on the Old Capitol steps that they were not violating the injunction as long as they remained orderly - which they did. Eventually all but 250 drifted away as rumours began to spread that highway patrolmen were about to be sent in to make arrests. Those who remained were being led in discussion and prayer by Dr. George Forelll of the Religion Department when Smiley returned and told them President Boyd had ordered the area cleared. nearly all remained, and were arrested without resistance. 
Boyd had been in Des Moines during the evening. When he returned to Iowa City around midnight, he said later, "I was informed that the Old Capitol had been occupied and in my judgement the building might be damaged and should be cleared " ( Which already had been done) Boyd said he ordered the arrests in "good faith." No doubt he did. From what he has said it seems evident that he intended only to clear the historic Old Capitol building, not to break up a peaceful, indeed prayerful, demonstration on the campus outside. 
Under the circumstances, many people felt that the university soon would ask that charges be dropped against all but the few who actually broke into the building. Shortly after the incident, Boyd did in fact point out that once the arrests had been made the disposition of the cases was up to civil authorities, but he urged the courts to make a careful distinction between any who might have committed acts of violence and those who did not. 
The university recently reaffirmed this statement, and the social concerns committee of the Iowa City Chamber of Commerce endorsed it. Apparently neither the university nor the Iowa City business community would be unhappy if the charges were dropped against all except those who broke into Old Capitol. The best interests of justice would be served, in our opinion, if this were done.

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DMSR 11/15/70 Why Not Drop These Charges? Officials at Iowa City are having trouble with mechanics of arranging a mass trial for the 237 students (and several clergymen and faculty members) arrested on the steps of the Old Capitol during anti-war demonstrations last May. Each defendant may demand a separate trial. If most of them should insist on this right. the Iowa City courts would be tied up for some time. The best thing to do now would be to dismiss the charges - not because of the problem of settling up trials, but because of the ambiguity of the circumstances on that confusing night. The students had received conflicting advice from city officials. University of Iowa President Willard Boyd, who ordered the arrests, conceded later that he had acted on the basis of misinformation. The facts appear to have been as follows: Several thousand students had gathered on the Pentacrest in front of the Old Capitol for a "teach-in" and "sleep-in" protest against the invasion of Cambodia and the shootings at Kent State. About 10 p.m. a dozen students broke into Old Capitol with the intention of "occupying" it and caused slight damage. They left when officials told them they were violating an injunction previously obtained by the university. A short time later City Manager Frank Smiley told the group on the Old Capitol steps that they were not violating the injunction as long as they remained orderly - which they did. Eventually all but 250 drifted away as rumours began to spread that highway patrolmen were about to be sent in to make arrests. Those who remained were being led in discussion and prayer by Dr. George Forelll of the Religion Department when Smiley returned and told them President Boyd had ordered the area cleared. nearly all remained, and were arrested without resistance. Boyd had been in Des Moines during the evening. When he returned to Iowa City around midnight, he said later, "I was informed that the Old Capitol had been occupied and in my judgement the building might be damaged and should be cleared " ( Which already had been done) Boyd said he ordered the arrests in "good faith." No doubt he did. From what he has said it seems evident that he intended only to clear the historic Old Capitol building, not to break up a peaceful, indeed prayerful, demonstration on the campus outside. Under the circumstances, many people felt that the university soon would ask that charges be dropped against all but the few who actually broke into the building. Shortly after the incident, Boyd did in fact point out that once the arrests had been made the disposition of the cases was up to civil authorities, but he urged the courts to make a careful distinction between any who might have committed acts of violence and those who did not. The university recently reaffirmed this statement, and the social concerns committee of the Iowa City Chamber of Commerce endorsed it. Apparently neither the university nor the Iowa City business community would be unhappy if the charges were dropped against all except those who broke into Old Capitol. The best interests of justice would be served, in our opinion, if this were done.