Court suit planned
against draft lottery
Arf, arf, slurpl
t
Madison, Wise. (CPS) A
suit has been filed in the U.S.
District Court in Madison,
Wisconsin, seeking to overturn
the draft lottery held last
December claiming it was not
random.
District Court Judge James
Doyle declined to issue a
restraining order as was sought
by the group filing suit.
However, he also declined to
dismiss the suit as was re
quested by government at
torneys, saying that he sees a
discrepancy between the sup
posedly random selection
ordered by the president and
the actual result of the draw
ing. The lawyer for the 13 plain,
tiffs named in the suit, David
Ileitzman, said this indicated
the suit was "obviously not
frivolous." He characterized
the case to date by saying
"we're still in the discovery
., stage" and are seeking
"positive evidence" that the
lottery was not random.
! IIEITZMAN was to have
. come to Selective Service
. headquarters in Washington
January 22 to obtain deposi
tions from various members of
' the Selective Service. A
deposition is a testimony that is
received while a clerk of the
court is present to record it of
ficially. Ileitzman indicated
that the procedure can be
roughly compared to cross-examining
a witness.
Ileitzman indicated that he
intended to talk with Col.
Charles Fox and Capt. William
Pascoe, public information
director, and possibly General
Lewis Hershey, Selective
Service director. Plans were
also being made to film a
reenactment of the process us
ed to "randomize" the lottery
for evidence in the suit.
When CPS contacted Pascoe
at Selective Service head
quarters January 19, he said
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that he knew nothing about the
case, nor that Heitzman plan
ned to meet with him Thurs
day. He also declined to
speculate what the implications
would be if the lottery was
over-turned. He said he was not
a lawyer and not even sure
what all the legal terms such
as restraining order and in
junction meant.
David Stodolsky, one of the
plaintiffs in the suit and
graduate student at the
University of Wisconsin at
Madison, ran the analysis on
the lottery that indicated more
men with birthdays from
January to June received
"safer" numbers than did those
born in the other months.
HE SAID he became In
terested in the lottery when he
looked at a partial analysis
compiled by a staff member in
the university computer center.
He became convinced that the
lottery was not random when
he conducted a more thorough
analysis.
Stodolsky drew number 47 in
the lottery, but says this has
nothing to do with the suit.
ft r
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FRIDAY, FEBRUARY 61970
The daily nebraskan
I
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