5falf photo The last ride Waterskiers at Lakeview made use of Tuesdays' warm weather to enjoy their sport. The day was probably too long for this skier though, for after three unsuccessful attempts on the snowboard, she returned to her home in Manhattan. Court's ruling limits evidentiary appeals WASHINGTON (AP)—The Supreme Court, in a break with the Earl Warren court, cut back the power of state prisoners to challenge their convictions in federal By a 6-4 vote yesterday, the court said prisoners aren't entitled to a second chance in prison if they fail fair chance to persuade state courts they were convicted with illegally obtained evidence. At the same time, the court followed up its decision on capital punishment last Friday by striking down Oklahoma's mandatory penalty for several categories of murder. The court acted on a series of cases, including the prisoners case, involving the guarantee against unreasonable searches in the Fourth Amendment to the Constitution. In 1971, the Supreme Court ruled that state courts must exclude from criminal trials any evidence obtained in violation of this constitutional ban. This is called the exclusionary rule and is designed to deter misconduct. In yesterday's decision, the high court specifically retained that ruling as far as it applied to the use of evidence in trials and rights of the defendant to appeal to state courts. The court, however, severely weakened the impact of a 1969 decision that allowed prisoners to argue in federal court that the evidence was obtained illegally. The exclusionary rule decisions were among the most controversial rulings banded down by the court under the late 1970s when the Supreme Court ousted the rights of criminal defendants. In an opinion by Justice Lewis F. Powell Jr., the court said that the rule, as now applied in federal habeas corpus proceedings, allows the process and often frees the guilty." Staff Writer Legislator challenges '77 fee hike A state senator from Manhattan said yesterday he would propose action in the next legislative session to overturn a recent $50 increase in resident student fees at the six state-supported colleges and universities. Rv GARY WALLACE The Regents' decision calls for students to pay 23.8 per cent of the costs of operating state colleges and universities beginning in January 2014, paying 20.2 per cent of the operating expenses. Sen. Don Everett, a Republican, said last month's fee hike by the Board of Regents would make higher education less accessible to the poor. Evertt said he was planning action on only resident fees. "IPLAN to provide some formula for less oppressive fees," Everett said. "The percentage had justification in the 40s and 50s, but today there is a tremendous "I'm not suggesting a plan similar to New York City in which there is absolutely no tuition," Everett said. "But around $288 per semester is too high and is just too much for the poor and those marginally unable to finance a college education." presidents of each school, to raise fees to $60 per semester," Smith said. "Students will be paying 23.8 per cent of the total operating costs, which includes no capital improvements, extension functions or research functions." Everett said he would suggest that fees be reviewed on an annual basis and that a ceiling be set in which the student would be paid at least $20 per cent of the operating expenses. Smith said that KU students currently paid 20.2 per cent of the costs. Students at the state colleges pay 18.8 per cent, he said, so would feel a greater impact. disparity in income, in which the poor and those marginally poor can’t afford the costs of education. The increased fees still fall short of the average recommended by the Carnegie Foundation and the average maintained by peer institutions selected for comparison by the Center for Applied Economics. The advice that students should produce 63 percent of the total operating expenses. Smith said the increase was a response to the recommendations made by the department, which is composed of state legislators. The commission urged the Regents to raise fees $44 a semester at the colleges and $61 a semester at the colleges. Everett said there was no way to measure the effect on enrollment because all those affected were ineligible. taxpayers have carried the burden of a 30 per cent increase in operating costs. Kansas State, Wichita State and KU haven't had a fee increase in four years, and fees at a higher rate than for Fort Hays State College and Fort Hays State College haven't been raised in eight years, he said. Smith said he thought there wouldn't be a detrimental effect on the poor or on enrollment at the state institutions because of funds available through financial aid, loans, work-study programs and scholarships. THE UNIVERSITY DAILY "We've always respected the policy that no student should be faced with more than one fee increase during a four-year college career," Smith said. GLEE SMITH, newly elected chairman of the Board of Regents, said he agreed that the Regents should try to keep fees as low as they could but defended the increases as necessary. KANSAN Vol.86 No.158 City, firemen still apart on pay By DAVE WARD The University of Kansas—Lawrence, Kansas and COURTNEY THOMPSON For the past three years, Smith said Prohibition party presidential nominee Benjamin Calvin Bubar, 58, Maine, is joined by the bailot by vice president nominee Richard Kavanas of Kansas party chairman Warren C. Medina Staff Writers Members of local firefighter and police associations met separately late last night to determine their course of action in talks with the city. The Lawrence Police Officers Association approved the city's final offer but decided not to accept it until representatives from the International Association of Fire Fighters can reach an agreement that is satisfactory to its members. The 300 American party delegates convened in Sail Lake City, Utah, in mid-June and unanimously selected Tom Anderson, the state's Republican governor, Florida, to head their party's ticket. Bubar is an ordained Baptist minister and a former member of the Maine legislature. Dodge serves as national executive vice president and has been active in the party since 1962. A meeting between city management and representatives from the fire fighters City Manager Buford Watson told members of the Lawrence City Commission last night that the city had presented a proposal to allow more measures of police and fire fighters associations. Watson said meetings yesterday between city officials and police and firefighters representatives resulted in clarification of the city's position regarding cost of living increases and requested pay scale adjustments. He said spokesmen for the associations were checking their memoirs for responses to the city's proposals. Wednesday, July 7, 1976 James Ward, state chairman of the MacBride campaign, and Hal Wert, state chairman of the McCarthy campaign, both last week they had submitted petitions with more than enough signatures to the secretary of state. 4 minor parties on ballot "It was agreed that cost of living increases would be adjusted yearly, based on the consumer price index for all items in Kansas City," he said. Watson said the key issue in the The city would try to establish a six per cent contract cost increase, effective April 1977. Watson Kansas election laws require that prospective candidates submit petitions containing at least 2,500 registered Kansas signatures to the Kansas secretary of state. Staff Writer MACRIDRE AND McCarthy, both running as independents, haven't yet been given ballot positions, and final approval of the candidates had to be second third Tuesday in August, when the signatures on their petitions are reviewed in Kansas Board of Canvases, McDonald's. Tom Anderson, Ben Bubar, Roger MacBride and Eugene McCarthy want your presidential vote in the November general election. The party believes the federal government shouldn't finance, subsidize or legislate with respect to charity, welfare, public works or education. The American Party favors a more favorable foreign aid and to United States membership in the United Nations, Hart said. Those four names will appear on the Nov. 2 ballot with those of the major political candidates who filed before the June 2 deadline, Lavina McDonald, head of the Kansas election department, said recently. "Nasus aren't allowed on the Kansas ballot." By ROBERT KEARNEY Anderson, presidential nominee of the American party, and Bubar, Prohibition party presidential nominee, are already positioned on the ballot, McDonald said. THE AMERICAN party platform favors steadfast adherence to the Constitution and calls for a restoration of states' and interests in the party, regional director for the party, said. Prohibition party chairman Martin said the prohibition of the manufacture and sale of alcoholic beverages was the main plank of the party's platform. Libertarians maintain that the only legitimate function of government is to protect people from the use of force and fraud by others, he said. "BUT THE PROBITION party is not a one-issue party by a long ways," he said. A party is not a party to busing, aborting, free distribution of treasuries, the Equal Rights Amendment, any form of gambling, gun control and the legalization of marijuana. "The American Party classifies itself as a true Christian party in the service of God," I said. Roger MacBride represents the Liberian party but will be listed on the Kansas ballot as an independent because the Liberian party didn't gain the 25,000 signatures necessary to be listed as a party in Kansas. McDonald said. MACBRID IS a graduate of Harvard Law School, a Fulbright scholar, and a former member of the Vermont legislature. Born in Bergen, New Jersey, he served Berland, a California attorney, Ward said. Independent candidate Eugene McCarthy, former U.S. senator from Minnesota, has not yet established his final political platform although throughout the "BUT THE PROHIBITION party is not one-issue party by a long waves." The party opposes censorship, the draft, victimless crime laws, busing, the Equal Rights Amendment and drug laws, Ward said. The main tenet of the Libertarian party is, "Government governs best that governs least." The party's economic policy may be described as laissez-faire. Ward said. spring he has issued position papers stating his policies, state chairman Wert said. McCarthy favors registration of firearms and records of ammunition sales but believes individual moral beliefs, not laws, shall govern abortion decisions, Wert said. MCCARTHY HAS supported the Equal Rights Amendment and positions for women in the national government and has mentioned LaDonna Harris as a possible secretary of the interior and Barbara Ruchs as a potential secondary state, he said. firefighters' dispute was the association's demands of adjusted pay levels for officers with at least five years service in the department. He said he thought it unwise to 'change the existing relationship of equal pay for equal work' and proposed review of the status of Lawrence firemen's salaries relative to other salaries in the city and within the competitive market. Members of the firefighters' association wouldn't allow Kansan report to sit on in the conference. The city proposed benefits for firefighters, such as health insurance at reduced rates, as an alternative to direct pay raises, Watson said. He said he thought the firefighters were willing to accept that arrangement. Watson said the city couldn't afford to Watson met separately with the firefighters' association and the police officers' association yesterday. In the meeting with the firefighters yesterday, the key issue separating firefighters and the city appeared to be possible implementation of a 2.5 per cent pay increase over the previously agreed to six per cent cash compensation in July 1977. The firefighters are also seeking another 2.5 per cent pay like in June of 1977 give firemen an 8.5 per cent pay hike in January. As an alternative, Watson proposed that he could design a vehicle and life insurance to all city employees. He said the primary concern of police spokeness was also pay adjustments for those on the list, at the age of longer wives. "The city will concede that any officer who passes the examination required for all ★ ★ See FIREMEN page 3 Police, in accord with city, wait for firemen to settle Patrolman Dave Reavis, LPO chair, said the two departments would stick together. Until the firefighters approve a transfer to patrolmen won't officially accept their feathers. Lawrence Patrol Officers Association members approved City Manager Buford Watson's offer last night, but the city has agreed to dispute with city hall remains unsettled "I expect Bufurd (Watson) will be able to reach an agreement with the firemen in tomorrow's meeting," Reavis said, "but until then we won't officially accept. "We approve the offer but we compromised ourselves to death," Revisa said. 'This agreement is a good starting The stipulation wouldn't prevent continued negotiations over derandns not dealt with. A stipulation in Watson's pay package prohibits the patrolmen from reelegating their staff on May 15, 1977. It also forbids them to participate in a work slowdown, strike, picketing or anything that would interfere with the normal city operations after July 1, Revisi said he wanted to add a clause to the city's offer stating that if the city doesn't honor its each provision of the agreement, it would override the limits placed on negotiation void. Staff Writer Scholarship boon to KU strings By SUSAN APPLEBURY A substantial scholarship fund, donated anonymously, has been established with the Kansas University Endowment Association students studying stringed instruments. Todd Seymour, president of the Endowment Association, said yesterday that the donors wished to remain anonymous and paid the amount of the donation confidential. S six awards will be made for the 1976/77 academic year. The fund is large enough to support up to 12 awards each year, Seymour said. The average award will be $238. JAMES MOESER, dean of the School of Fine Arts, said the gift was "inquirementably the most significant single contribution in the form of the string program at the University." In the past KU has had to compete for "With this endowment we will begin to close the gap as we become much more efficient." Students who receive the award will have the opportunity to perform in the Lawrence Chamber Players and the Lawrence Symphony Orchestra. Moeser said. Don Schole, associate dean of the School of Fine Arts, will administer the fund. promising students with universities and conservatories in large cities who used the proximity of metropolitan orchestras and the opportunity to play professionally as a SCHIEID SAID that he couldn't disclose the donor were or if they were competent. "I's a magnificent gift," Scheid said. "If someone wants to make a donation of this size and remain anonymous, I'll protect them." The School of Fine Arts has received a Early morning blaze Dink Wint, sworn of the Yuk Up and Yuk Down successors Staff photo by JAY KORLTER damage caused by fire early this morning. The dancing and billiard establishments, received an estimated $125,000 damage. few anonymous donations, but nothing of this magnitude, Scheid said. Although minor stipulations are connected with the donation, qualifications should not be used to determine eligibility. THE SCHOOLARSHIPS may be renewable up to a maximum of 24 scholarship, he is The recipients will be chosen before the end of August by an auditioning committee composed of members of the string department. The committee members are the violinist of violin, Kancel Blaas, professor of viola, and Raymond Stuhl, professor of cello. Fire guts Yuk clubs By the Kansan Staff Fire of undetermined origin gutted the Ford dealership's new Shopping Center ease last morning. Firemen answered the alarm at 3.17 a.m. today and battled the blaze for almost an hour before bringing it under control, John Kasberger, fire chief, said this morning. Kasberger said the flames began in the north end of the Yuk Down, in the building's basement, and traveled up a stairway to the south end of the building, to the north quarter of the building. Tremendous heat, estimated at 650 degrees or more, cracked the large plate glass windows on the building's side side, melted a plastic bubble window and letters on the west side and bonded a thick crust to the Yuk Up's pool tables. Damage was estimate at about $125,000. The building's contents were a total loss, Karen said. Dick Wright, manager of the dancing and billiard establishments, said that the contents were insured and that he thought rebuilding would begin soon. The first step, be said, was to begin the monumental clean-up task. It was the second time in eight years that the Yuk Up had been damaged heavily, Wright said. In 1890, a year after it opened, claims claimed of the first floor, he said.