Page 8 University Daily Kansan, June 19, 1980
KU professor says Brown court case misused
By MARLIN BERRY
Stuff Reporter
Staff Reporter
TOPEKA-A U.S. District Court judge in Tepaeko dismissed two school segregation cases yesterday because they could overlap the 1964 Brown vs. the Topeka Board of Education case, which was reactivated last year.
The judge, Richard D. Rodgers, told plaintiffs in the two class action suits that they can petition to intervene in the Brown case.
One of the suits taught to force the school board of Topeka Unified School District No. 501 to initiate crosstown travel and better racial balance in the city's schools.
THE OTHER SUIT sought $10,000 damages for each of 11 plaintiffs who alleged they had received an inferior education by attending Topeka schools. They said Topeka schools continued to have high minority enrollments despite the Brown decision, which was to end segregation in U.S. public schools.
But the Brown case should not have been resurrected, Paul Wilson, KU
professor of law who represented Kansas in the original case, said yesterday.
"The case has changed greatly and is much different from what it was originally," he said. "Back in 1954, the issue was much simpler. Linda Brown and about 19 others named in the suit to help the school to go to their neighborhood school."
Today's issue is much more complex, Wilson said, because the coalition is trying to find a means of integration.
"I think as far as the system goes, it would be more orderly if the old case had been closed and this made a new case," he said. "Of course, it's much easier to attract attention to the case by using the original title."
The Brown case was revived last November when Rogers allowed a coalition of black community members to rekindle the case. The coalition said it would not intervene until it could see that desegregation occurs, deside the 1954 Supreme Court order.
COALITION members charged that facilities, equipment and curriculum
Richard Jones, attorney for the plaintiff, said that the famous case name brought with it was not the sole intention in reviving the case.
or for predominantly black schools are still inferior to that of "whiter" schools.
"We did our legal research and the soundest legal route we could take was to bring the complaint up under the original case," he said.
Wilson said that in the original case all students in the Topeka schools were not considered as plantiffs because of the nature of the suit.
THE TOPEKA School Board, according to Dumene Pomeroy, board president, also felt the court action should have been made a new case.
"In 1951 the NAACP was not concerned with the number of plaintiffs but with striking out segregation," he said. "They were satisfied with Linda Brown and the group that they had for plaintiffs."
Jones explained that the new ruler would cover all levels of education in Topela and not just the elementary schools, as was the case with Brown.
IT WAS INTERESTING how Brown became a folk hero of sorts, Wilson said.
"Her name is the most prominent only because it was first alphabetically in the case in Topeka," Wilson said. "When the case was heard in the U.S. Supreme Court, it was called Brown vs. the Topeka Board of Education because the case from Kansas was the first appealed."
"So just by a coincidence of names and events, Brown and Topeka are landmarks."
When the 1954 decision was handed down by the Supreme Court, southern states indicated that there would probably be bloodshed in trying to replicate the schools. Wilson said the reaction in Kansas was not as severe.
"The local reaction was not violent at all and actually contained mixed feelings," he said. "As far as carrying out the desegregation, the Topeka school board had already announced their intention to desegregate schools
Dan Muggerdichan, Wauegetch, III., resigned as Templin Hall resident director May 31 because he wanted to maintain his "sanity."
"If they exceed three years, then they are a very unusual individual." Fred McEllenie, director of residential programs said.
Hall directors cite job woes
Other hall directors agreed with Mugerditchian that, while the job can be fun, there is a point when they feel the need to move on.
Dealing with younger students, handling those who drink too much, a lack of personal privacy and the fact that are problems directors say she faces.
MUGERDITCHIAN, WHO plans on continuing his education, was hall director at Templin for two years, the average stint, he said.
By CHICK HOWLAND Staff Reporter
Mugdichert said a hard part of working at Templin is get a new group of students every year. He said he had 340 new freshmen each year who needed help adjusting to a new environment.
Despite getting free room and board, Jane Tuttle, Ellsworth hall director, said that the pay is not very good.
"It's not a field to go into if you're looking for a lot of money," she said. "Here I've got my master's, and some college, and I want things are making more money than me."
THE PAY FOR KU RESidence hall directors is $850-$990 per month depending on experience. For the eight major residence halls a master's degree is required and applicants must have completed in student personnel or related areas.
The directors, who work just ten months of the year, put in a lot of time on weekends, however, Tuttle said.
"Your time is not always your own," she said. "Everyone says you have to be half crazy to be a hall director, and sometimes I crab with them."
Dealing with drunks is a problem all directors face.
Tuttle said she would rather call police than handle drunks herself.
"There is a real problem when they come home from bars drunk," she said.
TUTTLE SAID A big problem was hall parties, where there is a large amount of free beer.
"Wherever there is a great deal of free beer, there are generally problems."
"People try to prove how much of a man or woman they are," she said.
general and I declined to get involved in that."
Wilson said he was trying to retain the states' right to regulate their schools and that he was for equality in schools.
A good example is following KU-K-State football games, Tuttle said.
"Hopefully, this time there won't be any fee dragging to the school board and we will get complete imme- turement of the original ruling," he said.
Ed Waller, Naismith Hall director, said he tries to handle problems himself, and usually doesn't call the police. He says the problem is that others is privately owned, usually has problems with students who are not residents. Most of the problems at Naismith are from those who just raise a little hell on the weekends," he said.
A system for dealing with students who have done something wrong helps the directors handle problem residents, Mugerditchan said.
A STUDENT WHO has violated a University policy will receive a letter of warning concerning the offense. If the student fails to comply, then receives a letter of probation. Students will then receive a final probationary letter if an offense is committed a third time. It is then up to the student to inform the programs to take action with the student.
Mugerditchian said. "And they will usually have him removed."
He said, however, that minor offenses, like having hard liquor in your room, will usually be punished lightly. He said they probably receive only one letter, he said.
WALLER IS LEAVING Naismith at the end of the summer after just one year there.
"I do like it," he said, "But it's the kind of job you can' do year after year because you have to be pretty enthusiastic."
"If someone gets three letters they've usually done something really bad,"
Tuttle, who is married, said that there is little privacy living in a residence hall with 650 students.
"You have to get used to living in a glass house," she said. "The need for privacy intensifies the longer you are on the job."
Jones said his group was "fairly confident" that they would prevail in court.
Wilson said that as assistant attorney general for Kansas, he was not defending segregation but representing a side.
regardless of the decision of the courts."
Although room and board is provided for the directors, Tuttle said it isn't as nice as it sounds.
"There are many times that I'd rather pay extra and live in *meadowbrook*, she said. "The room and board is nice but it's not the sky."
"WHEN THE ANNOUNCEMENT was made to desegregate, some southern attorney generals wanted to see about meeting to come up with some kind of action to frustrate the decision," Wilson said. "The attorney
Tuttle said that there are some halls she would not work at. But, luckily, she said the University gives the directors some intern in where they want to work.
Watkins and Weyforth blast Winn in debate
Voters will choose one of the Democrats in the Aug. 5 state primary to run against Winn.
Staff Reporter
Dan Watkins and Jack Weyford, Democratic candidates for third District Representative, were supposed to debate each other Tuesday night, but they seemed more interested in joining the incumbent Republican Larry Winn.
By TAMMI HARBERT
The debate, held in the Kansas Union, was sponsored by the Third District Young Democrats. It was the second time in 10 days the two had met. The last meeting was June 9 in Overland Park. According to Wayford's campaign, the candidates are expected candidates plan at least one more debate for June 24 in Kansas City, Kan.
"The biggest issue between them is who is going to beat Larry Winn," Olzelsky said.
Tom Long, secretary of the Johnson County Young Democrats, co-sponsor of the debate, agreed that the candidates seemed bent on criticizing
"The whole debate was more or less against Winn." he said.
Long said it seemed likely the candidates might be using the debate to publicize Winn's weak points instead of their differences on the issues.
"I wouldn't be surprised if that's half the reasoning behind it," he said.
Watkins said Wednesday that a recent newspaper article quoted Wim as saying he would debate the democratic candidate if the rules were fair.
A big issue in the race between he and Weforth, he said, was which of them
Watkins, who has the support of many state Democrats, said he thought he has more experience in state politics than in national government. In addition to being Carlin's former campaign manager, Watkins has been assistant attorney general under Kurt Schneider and has served as member of the State Democratic Party.
Weyford said he would take a trip abroad only if it helped the people in his district.
"I wouldn't take any foreign junkets," Watkins said. "That's the policy I'd set."
Weyforth, a newcomer to the Democratic Party and to state politics, said his interest in the small businessman, his experience as president of the Shawnee Mission School Board and his involvement in his community made him the best candidate.
Both candidates criticized Winn for his trips abroad, which Watkins said had taken the Congressman to 18 foreign countries in the past two years.
could beat Winn in the general election.
Weyforth said that Winn, who will be campaigning for his eighth term, had been in Congress too long. He favors legislation terms of all elected officials, he said.
Watkins, John Carlin's former campaign manager who engineered the victory over incumbent Gov. Robert Bennett in 1978, said Winn had been unable to pass any of the legislation he introduced into Congress.
Weyfort said Winn was an ineffective leader who had been unwilling to communicate with his constituents.
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Watkins said he was not sure if a limit would be advantageous. He said many Congressmen continue to be good legislators for 20 years.
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The candidates agreed that the country needed a stronger defense, but Watkins said he thought Congress had given him enough time passing draft registration for men.
"It may be a draft is necessary some time, but I don't support a peacetime draft," Watkins said.
Wyeforth said women should be able to take an active part in defending the country, but that it was futile to debate their position. Women until the draft was reinstated.
"It doesn't make sense to me that if you are going to talk draft that you leave somebody out," he said.
Watkins criticized the growth of the committee system in Congress
Both candidates called on Congress to streamline the federal bureaucracy.
committee system in Congress. He said there were four times as
He said there were too "times" as many committees now as in 1865.
Weyford suggested that Congress allow television into legislative sessions any time, except when Congress votes to bar it from a particular session.
"It might be kind of interesting to explain why you don't want it open," he said.
Weyforth categorized himself as "very much in the middle of the road."
He said he would improve communication between Congressman and constituents by holding town meetings in the district, going door to door to talk people when he was in the area and taking phone calls from telephone in his office for the public.
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